Behavioral International Law
Economic analysis and rational choice have made significant inroads into the study of international law and institutions in the last… Continue reading →
Search results for: “Article”
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Structure and Value in the Common Law
Common law concepts have fallen into disrepute among legal theorists. The rise of Legal Realism in the early twentieth century… Continue reading →
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Helping Buyers Beware: The Need for Supervision of Big Retail
Since the 2008 financial crisis, consumer regulators have closely supervised sellers of credit cards and home mortgages to stamp out… Continue reading →
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A Dose of Reality for Specialized Courts: Lessons from the VICP
The latest in a long line of reform proposals, health courts have been called “the best option for fixing our… Continue reading →
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The Congressional Bureaucracy
Congress has a bureaucracy. This Article introduces the concept of the “congressional bureaucracy,” and theorizes what it means for Congress… Continue reading →
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Illiberal Law in American Courts
American courts are at times required to interpret the laws of authoritarian countries. Though such cases are increasingly common, they… Continue reading →
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Justifying Bad Deals
In the past decade, psychological and behavioral studies have found that individual commitment to contracts persists beyond personal relationships and… Continue reading →
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Equity's Unstated Domain: The Role of Equity in Shaping Copyright Law
As used today, the term “equity” connotes a variety of related, but nonetheless distinct, ideas. In most contexts, equity refers… Continue reading →
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Church Taxes and the Original Understanding of the Establishment Clause
Since the Supreme Court’s decision in Everson v. Board of Education, it has been widely assumed that the Establishment Clause forbids… Continue reading →
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Probability, Presumptions and Evidentiary Burdens in Antitrust Analysis: Revitalizing the Rule of Reason for Exclusionary Conduct
The conservative critique of antitrust law has been highly influential. It has facilitated a transformation of antitrust standards of conduct… Continue reading →