Browsing HLS Scholarly Articles by Title
Now showing items 1164-1183 of 1913
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A Note on the Divergence between the Private and the Social Motive to Settle under a Negligence Rule
(University of Chicago Press, 1997)The private motives to settle civil lawsuits are seldom aligned with the interests of society. This article presents a simple model of a negligence rule where there is too much settlement. During pretrial bargaining, the ... -
A Note on the Optimal Supply of Public Goods and the Distortionary Cost of Taxation
(National Tax Association, 1998)In my original paper, I demonstrated that, under standard simplifying assumptions, it is possible to finance a public good in a manner such that a Pareto improvement results whenever the simple cost-benefit test is ... -
Notes from the Editorial Advisory Board
(1996)My classmates Jim Tourtelott, Joe Sommer, and Eva Saks invented the Yale Journal of Law & the Humanities at a Mexican restaurant one night in the fall of 1987. When they announced their idea to me the next day, my first ... -
Nuclear Power and the Mob: Extortion and Social Capital in Japan
(2015)Nuclear reactors entail massive non-transferrable site-specific investments. The resulting appropriable quasi-rents offer the mob the ideal target. In exchange for large fees, it can either promise to "protect" the utility ... -
Nudges Do Not Undermine Human Agency: A Note
(2015)Some people believe that nudges undermine human agency, but with appropriate nudges, neither agency nor consumer freedom is at risk. On the contrary, nudges can promote both goals. In some contexts, they are indispensable. ... -
Nudges vs. Shoves
(2014-10-08)Behavioral findings, demonstrating human errors, have led some people to favor choice-preserving responses (“nudges”), and others to favor mandates and bans. If people’s choices lead them to err, it might seem puzzling, ... -
Nudges, Agency, Navigability, and Abstraction: A Reply to Critics
(Springer Verlag, 2015)This essay, for a special issue of the Review of Philosophy and Psychology, responds to ten papers that explore the uses and limits of nudges and choice architecture. The essay has three general themes. The first involves ... -
Nudging and Choice Architecture: Ethical Considerations
(Harvard John M. Olin Center for Law, Economics, and Business, 2015)Is nudging unethical? Is choice architecture a problem for a free society? This essay defends seven propositions: (1) It is pointless to object to choice architecture or nudging as such. Choice architecture cannot be ... -
Nudging: A Very Short Guide
(2014)This brief essay offers a general introduction to the idea of nudging, along with a list of ten of the most important “nudges.” It also provides a short discussion of the question whether to create some kind of separate ... -
The Obama Phenomenon: How Past and Present Resonate
(Journal of Blacks in Higher Education, 2004) -
Obamacare and the Theory of the Firm
(University of Chicago Press, 2015)Health care fragmentation today raises costs and worsens health outcomes. The theory of the firm indicates that cost and quality problems could be addressed by permitting greater vertical integration among complementary ... -
Of Arsenic and Old Laws: Looking Anew at Criminal Justice in Late Imperial China
(California Law Review Inc., 1984) -
Of Artificial Intelligence and Legal Reasoning
(2014-09-08)Can computers, or artificial intelligence, reason by analogy? This essay urges that they cannot, because they are unable to engage in the crucial task of identifying the normative principle that links or separates cases. ... -
Of Gentlemen and Role Models
(1990) -
Of Montreal and Kyoto: A Tale of Two Protocols
(Harvard University, Harvard Law School, 2007)Over the last thirty years, climate change and depletion of the ozone layer have been widely believed to be the world's largest environmental problems. The two problems have many similarities. Both involve global risks ... -
Of Snakes and Butterflies: A Reply
(Columbia Law Review Association, Inc., 2006)This brief essay, a reply to a forthcoming essay "Radicals in Robes" by Saikrishna Prakash in the Columbia Law Review, makes two points. The first is that the abstract idea of interpretation cannot support originalism or ... -
Of State Remedies and Federal Rights
(Elsevier BV, 2023)The Supreme Court has repudiated Bivens on the grounds that it arrogated legislative power to the federal judiciary. As the Court steps back, Congress is free to undo what remains of Bivens or strengthen it. So can the ...