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Now showing items 11-20 of 770
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 Beguiling Appeal of Banks
(Cincinnati, Ohio, Board of Editors, etc., 2007)
Do Excessive Legal Standards Discourage Desirable Activity?
(Elsevier, 2007)
Overly strict legal standards are commonly thought to discourage parties from engaging in socially desirable activities. It is explained here, however, that excessive legal standards cannot lead to undesirable curtailment ...
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 ...
Japan's Postal Savings Showdown
(Central Banking Publications Ltd., 2005)
Governing the Tele-Semicommons
(2005)
The Telecommunications Act of J996 divides entitlements to network elements between incumbents and recent entrants. This Article analyzes this mandatory sharing regime as a semicommons, a property regime which combines ...
The Myth of 'Rebalancing' Retaliation in WTO Dispute Settlement Practice
(Oxford University Press, 2006)
It is generally assumed that trade retaliation under the WTO performs some kind of ‘rebalancing’ by allowing the injured Member to suspend ‘concessions and obligations’ vis-à-vis the violating Member of a level equivalent ...
A Localist Critique of the New Federalism
(Duke University School of Law, 2001)