Browsing HLS Scholarly Articles by Title
Now showing items 1200-1219 of 1913
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On the Costs and Benefits of Aggressive Judicial Review of Agency Action
(Duke University School of Law, 1989) -
On the Economy of Concepts in Property
(University of Pennsylvania, 2012)Legal concepts, like concepts generally, help economize on information. Conventional wisdom is correct to associate conceptualism with formalism, but misunderstands the role concepts play in law. Commentators from the Legal ... -
On the Efficiency of Privately Stipulated Damages for Breach of Contract: Entry Barriers, Reliance, and Renegotiation
(RAND, 1995)Two roles for stipulated damage provisions have been debated in the literature: protecting relationship-specific investments and inefficiently excluding competitors. Aghion and Bolton (1987) formally demonstrate the latter ... -
On the Expressive Function of Law
(University of Pennsylvania, 1996) -
On the Meaning of Horizontal Agreements in Competition Law
(California Law Review Inc., 2011)Competition law’s prohibition on price fixing and related horizontal agreements is one of its few uncontroversial provisions and is understood to be well grounded in economic principles that are taken to provide the ... -
On the Optimal Burden of Proof
(University of Chicago Press, 2011)The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement ... -
On the Possibility of Necessity in Legal Argument: A Dilemma for Holmes and Dewey
(The John Marshall Law School, 2000) -
On the Taxation of Private Transfers
(Harvard John M. Olin Center for Law, Economics, and Business, 2010)This essay considers the appropriate conceptual framework for assessing the taxation of private transfers to individuals. Although it is conventional to emphasize the role of estate and gift taxation or inheritance taxation ... -
On the Tension between Sex Equality and Religious Freedom
(2007)When, if ever, is it legitimate for law to ban sex discrimination by religious institutions? It is best to approach this question by noticing that most of the time, ordinary civil and criminal law are legitimately applied ... -
On the Writing and the Interpretation of Contracts
(Yale University Press, 2006)The major theme of this article is that the interpretation of contracts is in the interests of contracting parties. The general reasons are (a) that interpretation may improve on otherwise imperfect contracts; and (b) that ... -
The On/Off Switch
(2007) -
One, Two, Three Many Legal Orders: Legal Pluralism and the Cosmopolitan Dream
(New York University, 2007)Over the last few years, innumerable scholars have turned their attention to the fragmentation, disaggregation, and multiplicity of the international legal regime. With so many diverse perspectives on the puzzle, the ... -
“Only Procedural”: Thoughts on the Substantive Law Dimensions of Preliminary Procedural Decisions in Employment Discrimination Cases
(2013)This brief essay was written for a symposium volume, Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination, based on presentations at a conference at New York Law School in April 2012. ... -
Optimal Abuse of Power
(Northwestern University Law School, 2014)I will argue that in the administrative state, in contrast to classical constitutional theory, the abuse of government power is not something to be strictly minimized, but rather optimized. An administrative regime will ... -
Optimal Discretion in the Application of Rules
(Oxford University Press, 2007)Discretion is examined as a feature of the design of rule-guided systems. That is, given that rules have to be administered by some group of persons, called adjudicators, and given that their goals may be different from ... -
Optimal Income Transfers
(Kluwer Academic Publishers, 2007)A substantial literature addresses the design of transfer programs and policies, including the negative income tax, other means-tested transfers, the earned income tax credit, categorical assistance, and work inducements. ... -
Optimal Law Enforcement with Self-Reporting of Behavior
(University of Chicago Press, 1994)Self-reporting--the reporting by parties of their own behavior to an enforcement authority--is a commonly observed aspect of law enforcement, such as in the context of environmental and safety regulation. We add self-reporting ...