Now showing items 1-10 of 69
Must Formalism Be Defended Empirically?
This paper urges that one of the great, quasi-theological debates in legal theory depends on answers to empirical questions. The debate is whether courts should be "formalistic," that is, whether they should interpret ...
A Behavioral Approach to Law and Economics
The Limits of Quantification
(California Law Review Inc., 2015-01-15)
The problem of nonquantifiability is a recurrent one in both public policy and ordinary life. Much of the time, we cannot quantify the benefits of potential courses of action, or the costs, or both, and we must nonetheless ...
Regulatory Review for the States
For over thirty years, Republican and Democratic presidents have required executive agencies to assess the costs and benefits of significant regulations, and to proceed only if the benefits justify the costs (to the extent ...
Choosing Not to Choose
Choice can be an extraordinary benefit or an immense burden. In some contexts, people choose not to choose, or would do so if they were asked. For example, many people prefer not to make choices about their health or ...
The Law of 'Not Now'
Administrative agencies frequently say “not now.” They defer decisions about rulemaking or adjudication, or decide not to decide. When is it lawful for them to do so? A substantial degree of agency autonomy is guaranteed ...
On Not Revisiting Official Discount Rates: Institutional Inertia and the Social Cost of Carbon
Within the federal government, official decisions are a product of both substantive judgments and institutional constraints. With respect to discounting, current practice is governed by OMB Circular A-4 and the 2010 and ...
Overreaction to Fearsome Risks
(Springer Verlag, 2014-09-22)
Fearsome risks are those that stimulate strong emotional responses. Such risks, which usually involve high consequences, tend to have low probabilities, since life today is no longer nasty, brutish and short. In the face ...
Is the Clean Air Act Unconstitutional?
When the Environmental Protection Agency (EPA) issues national ambient air quality regulations, it should meet two requirements. First, the EPA should specify, to the extent possible in quantitative terms, the range of ...
Social Norms and Social Roles
(Columbia Law School, 2014-09-22)
This essay challenges some widely held understandings about rationality and choice, and uses that challenge to develop some conclusions about the appropriate domain of law. In particular, it suggests that many well-known ...