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Testing Minimalism: A Reply
(Michigan Law Review, 2005)
Some judges are less ambitious than others; they have minimalist tendencies. Minimalists are unambitious along two dimensions. First, they seek to rule narrowly rather than broadly. In a single case, they do not wish to ...
The Promise of Prediction Markets
(American Association for the Advancement of Science, 2008)
The ability of groups of people to make predictions is a potent research tool that should be freed of unnecessary government restrictions.
If People Would Be Outraged By Their Decisions, Should Judges Care?
(Stanford Law School, 2008)
At first glance, judicial anticipation of public outrage and its effects seems incompatible with judicial independence. Nonetheless, judges might be affected by the prospect of outrage for both consequentialist and epistemic ...
The Real World of Arbitrariness Review
(University of Chicago Press, 2008)
Second Amendment Minimalism: Heller as Griswold
(Harvard University, Harvard Law School, 2008)
The Court's decision in District of Columbia v. Heller might be taken in three different ways. First, it might be seen as a modern version of Marbury v. Madison, speaking neutrally for the text, structure, and original ...
Misery and Company
(New Republic, 2008)
The Availability Heuristic, Intuitive Cost-Benefit Analysis, and Climate Change
(Springer Verlag, 2006)
Because risks are on all sides of social situations, it is not possible to be “precautionary” in general. The availability heuristic ensures that some risks stand out as particularly salient, whatever their actual magnitude. ...
Group Judgments: Deliberation, Statistical Means, and Information Markets
(The New York University Law Review, 2005)
How can groups elicit and aggregate the information held by their individual members? There are three possibilities. Groups might use the statistical mean of individual judgments; they might encourage deliberation; or they ...
Cost-Benefit Analysis and the Environment
(University of Chicago Press, 2005)
This review-essay explores the uses and limits of cost-benefit analysis in the context of environmental protection, focusing on three recent books: Priceless, by Frank Ackerman and Lisa Heinzerling; Cellular Phones, Public ...
Boundedly Rational Borrowing
(University of Chicago Press, 2006)
Excessive borrowing, no less than insufficient savings, might be a product of bounded rationality. Identifiable psychological mechanisms are likely to contribute to excessive borrowing; these include myopia, procrastination, ...