Now showing items 31-40 of 115
Minimalism at War
When national security conflicts with individual liberty, reviewing courts might adopt one of three general orientations: National Security Maximalism, Liberty Maximalism, and minimalism. National Security Maximalism calls ...
Market Efficiency and Rationality: The Peculiar Case of Baseball
(Michigan Law Review, 2004)
Fear and Liberty
(New School for Social Research, 2004)
If People Would Be Outraged by Their Rulings, Should Judges Care?
At first glance, it is puzzling to suggest that courts should care whether the public would be outraged by their decisions; judicial anticipation of public outrage and its effects seems incompatible with judicial independence. ...
Boundedly Rational Borrowing: A Consumer's Guide
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, ...
Should Greenhouse Gas Permits be Allocated on a Per Capita Basis?
(California Law Review Inc., 2009)
Many people believe that the problem of climate change would be best handled by an international agreement that includes a system of "cap-andtrade. "Such a system would impose a global cap on greenhouse gas emissions and ...
Adolescent Risk-Taking and Social Meaning: A Commentary
Why do adolescents take risks? What is the appropriate response to adolescent risk-taking? This Commentary for a special issue of Developmental Review, discussing a set of papers in that issue, explores these questions ...
Causation in Tort: General Populations vs. Individual Cases
(University of Chicago Law School, 2007)
To establish causation, a tort plaintiff must show that it is “more probable than not” that the harm would not have occurred if the defendant had followed the relevant standard of care. Statistical evidence, based on ...
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 ...