Now showing items 1-6 of 6
Social and Economic Rights? Lessons from South Africa
Do social and economic rights belong in a democratic constitution? Skeptics have wondered whether it is possible to constitutionalize such rights without imposing an untenable managerial responsibility on courts. In an ...
Statistics, Not Experts
(Duke University School of Law, 2001)
The Arithmetic of Arsenic
What does cost-benefit mean, or do, in actual practice? When agencies are engaging in cost-benefit balancing, what are the interactions among law, science, and economics? This Article attempts to answer that question by ...
Regulating Risks after ATA
Whitman v. American Trucking Association was one of the most eagerly awaited regulatory decisions in many years. But the Court’s understated, steady, lawyerly opinion was a bit of an anticlimax, representing a return to ...
On Academic Fads and Fashions
(Michigan Law Review, 2001)
Like everyone else, academics are susceptible to informational and reputational signals. Sometimes academics lack confidence in their methods and beliefs, and they pay a great deal of attention to the methods and beliefs ...
Predictably Incoherent Judgments
(The Law School of the University of Chicago, 2001)
When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is ...