Now showing items 1-10 of 216
Empirically Informed Regulation
(University of Chicago Press, 2011)
In recent years, social scientists have been incorporating empirical findings about human behavior into economic models. These findings offer important insights for thinking about regulation and its likely consequences. ...
The New Legal Realism
(University of Chicago Press, 2008)
The last decade has witnessed the birth of the New Legal Realism - an effort to go beyond the old realism by testing competing hypotheses about the role of law and politics in judicial decisions, with reference to large ...
Deterring Murder: A Reply
(Stanford Law School, 2006)
Chevron Step Zero
(Virginia Law Review Association, 2006)
The most famous case in administrative law, Chevron U.S.A. v. Natural Resources Defense Council, Inc., has come to be seen as a counter-Marbury, or even a McCulloch v. Maryland, for the administrative state. But in the ...
The Law of Implicit Bias
(California Law Review Inc., 2006)
Considerable attention has been given to the Implicit Association Test (IAT), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a ...
Dollars and Death
(University of Chicago Press, 2005)
Administrative regulations and tort law both impose controls on activities that cause mortality risks, but they do so in puzzlingly different ways. Under a relatively new and still-controversial procedure, administrative ...
Two Conceptions of Procedural Fairness
(New School for Social Research, 2006)
Legal systems must proceed in the face of two conceptions of procedural fairness. The first, embodied in the rule of law ideal, calls for clear rules, laid down in advance and susceptible to mechanical application in ...
(Michigan Law Review, 2006)
Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an ...
The Polarization of Extremes
The Virtues of Simplicity
(Yale Law School, 2006)