Search
Now showing items 1-10 of 114
Causal Inference in Civil Rights Litigation
(Harvard University, Harvard Law School, 2008)
Civil rights litigation often concerns the causal effect of some characteristic on decisions made by a governmental or socioeconomic actor. An analyst may be interested, for example, in the effect of victim race on jury ...
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 ...
Employment Law as Labor Law
(2008)
Seventy years after Congress passed the National Labor Relations Act (NLRA), the scholarly consensus is that American labor law has become ossified. As I have argued elsewhere, however, while the NLRA is undoubtedly ...
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)
Sierra to Court: Don't Fence Us Out
(Environmental Law Institute, 2008)
How the Founders Failed
(2008)
Courts Continue to Needle on Climate
(Environmental Law Institute, 2008)