University of Chicago Law Review: Volume 81, Number 2 - Spring 2014


Book Description

The second issue of 2014 features articles and essays from recognized scholars. Contents include these Articles: • "Group to Individual (G2i) Inference in Scientific Expert Testimony," David L. Faigman, John Monahan & Christopher Slobogin • "Game Theory and the Structure of Administrative Law," Yehonatan Givati • "Habeas and the Roberts Court," Aziz Z. Huq • "Cost-Benefit Analysis and Agency Independence," Michael A. Livermore • "Accommodating Every Body," Michael Ashley Stein, Anita Silvers, Bradley A. Areheart & Leslie Pickering Francis In addition, the issue includes a Review Essay by Sharon R. Krause entitled "The Liberalism of Love," and these student Comments: • "Toward a Uniform Rule: The Collapse of the Civil-Criminal Divide in Appellate Review of Multitheory General Verdicts," Nathan H. Jack • "All out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach-of-Fiduciary-Duty Claims," Raphael Janove Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.




University of Chicago Law Review: Volume 81, Number 4 - Fall 2014


Book Description

The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.




University of Chicago Law Review: Volume 81, Number 3 - Summer 2014


Book Description

The third issue of 2014 features three articles from recognized legal scholars, as well as extensive student research. Contents include: Articles: • Following Lower-Court Precedent, by Aaron-Andrew P. Bruhl • Constitutional Outliers, by Justin Driver • Intellectual Property versus Prizes: Reframing the Debate, by Benjamin N. Roin Review: • The Text, the Whole Text, and Nothing but the Text, So Help Me God: Un-Writing Amar's Unwritten Constitution, by Michael Stokes Paulsen Comments: • Standing on Ceremony: Can Lead Plaintiffs Claim Injury from Securities That They Did Not Purchase?, by Corey K. Brady • FISA's Fuzzy Line between Domestic and International Terrorism, by Nick Harper • The Perceived Intrusiveness of Searching Electronic Devices at the Border: An Empirical Study, by Matthew B. Kugler • Comcast Corp v Behrend and Chaos on the Ground, by Alex Parkinson • Maybe Once, Maybe Twice: Using the Rule of Lenity to Determine Whether 18 USC 924(c) Defines One Crime or Two, by F. Italia Patti • Let's Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits, by Stephen M. Payne • A Dispute Over Bona Fide Disputes in Involuntary Bankruptcy Proceedings, by Steven J. Winkelman The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School students, who serve as its editors and contribute Comments and other research. Principal articles and essays are authored by accomplished legal and economics scholars. Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.




University of Chicago Law Review: Symposium - Revelation Mechanisms and the Law


Book Description

The first issue of 2014 features articles and essays from internationally recognized legal and economics scholars, including an extensive Symposium on "Revelation Mechanisms and the Law." Topics include voting options and strategies to reveal preferences, corporate governance, regulatory intensity, tort calculations of risk, mandatory disclosure of choices, partitioning interests in land, and shopping for expert witnesses. In addition, Issue 1 includes an article, "Libertarian Paternalism, Path Dependence, and Temporary Law," by Tom Ginsburg, Jonathan S. Masur & Richard H. McAdams. Applications include smoking bans and seat belt laws. Also included is a student Comment, "Too Late to Stipulate: Reconciling Rule 68 with Summary Judgments," by Channing J. Turner; and a Book Review, "Common Good and Common Ground: The Inevitability of Fundamental Disagreement," by Rebecca L. Brown, reviewing Ordered Liberty: Rights, Responsibilities, and Virtues. The issue serves, in effect, as a new and extensive book on cutting-edge issues of revelation mechanisms, strategies, prompts, nudges, and effects. The Symposium's contents are: * "Governing Communities by Auction," by Abraham Bell & Gideon Parchomovsky * "Partition and Revelation," by Yun-chien Chang & Lee Anne Fennell * "Savage Tables and Tort Law: An Alternative to the Precaution Model," by Janet M. Currie & W. Bentley MacLeod * "Revelation and Suppression of Private Information in Settlement-Bargaining Models," by Andrew F. Daughety & Jennifer F. Reinganum * "The Use and Limits of Self-Valuation Systems," by Richard A. Epstein * "Expert Mining and Required Disclosure," by Jonah B. Gelbach * "Renegotiation Design by Contract," by Richard Holden & Anup Malani * "Audits as Signals," by Maciej H. Kotowski, David A. Weisbach & Richard J. Zeckhauser * "Irreconcilable Differences: Judicial Resolution of Business Deadlock," by Claudia M. Landeo & Kathryn E. Spier * "From Helmets to Savings and Inheritance Taxes: Regulatory Intensity, Information Revelation, and Internalities," by Saul Levmore * "Quadratic Voting as Efficient Corporate Governance," by Eric A. Posner & E. Glen Weyl * "The Efficiency of Bargaining under Divided Entitlements," by Ilya Segal & Michael D. Whinston Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.




The Palgrave Handbook of Philosophy and Public Policy


Book Description

This book brings together a large and diverse collection of philosophical papers addressing a wide variety of public policy issues. Topics covered range from long-standing subjects of debate such as abortion, punishment, and freedom of expression, to more recent controversies such as those over gene editing, military drones, and statues honoring Confederate soldiers. Part I focuses on the criminal justice system, including issues that arise before, during, and after criminal trials. Part II covers matters of national defense and sovereignty, including chapters on military ethics, terrorism, and immigration. Part III, which explores political participation, manipulation, and standing, includes discussions of issues involving voting rights, the use of nudges, and claims of equal status. Part IV covers a variety of issues involving freedom of speech and expression. Part V deals with questions of justice and inequality. Part VI considers topics involving bioethics and biotechnology. Part VII is devoted to beginning of life issues, such as cloning and surrogacy, and end of life issues, such as assisted suicide and organ procurement. Part VIII navigates emerging environmental issues, including treatments of the urban environment and extraterrestrial environments.




Faith and Freedom


Book Description

As America approaches her 250th birthday, she is also approaching a fork in the road. The choice before us is moral and boils down to two terms: liberty or social justice? We cannot have both. This book, written by a Swedish immigrant, lays out the moral case for returning America to the Christian, libertarian values that the Founding Fathers wrote into the Declaration of Independence and the Constitution. These values guarantee liberty and opportunity, but they also require responsible citizenship in return. In understanding the latter, we can resurrect the former. By contrast, the failure to understand responsible citizenship and its critical role in defending liberty opens the door for America to irrevocably change character. Our country is already on the cusp of becoming a full-fledged egalitarian welfare state, defined not by liberty, but by the endless pursuit of social justice. As this book explains, there is a path back to freedom, one illuminated by faith, paved with practical, sensible policy reforms and traveled by people ready to exercise responsible citizenship.




The Right to Equality in European Human Rights Law


Book Description

A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.




Law and Economics of Vertical Integration and Control


Book Description

Law and Economics of Vertical Integration and Control focuses on the processes, methodologies, and approaches involved in the law and economics of vertical integration and control. The publication first elaborates on transaction costs, fixed proportions and contractual alternatives, and variable proportions and contractual alternatives. Discussions focus on sales revenue royalties, ownership integration, output royalties, important product-specific services, successive monopoly, advantages and limitations of internal transfers, and transaction cost determinants. The text then examines vertical integration under uncertainty and vertical integration without contractual alternatives. The book ponders on legal treatment of ownership integration and per se illegal contractual controls. Topics include tying arrangements, public policy assessment, resale price maintenance, vertical integration and the Sherman Act, market foreclosure doctrine, and the 1982 Merger Guidelines. The text also takes a look at contractual controls that are not illegal per se, alternative legal rules, and antitrust policy. The publication is a dependable reference for researchers interested in the law and economics of vertical integration and control.




The Handbook of Experimental Economics, Volume 2


Book Description

An indispensable survey of new developments and results in experimental economics When The Handbook of Experimental Economics first came out in 1995, the notion of economists conducting lab experiments to generate data was relatively new. Since then, the field has exploded. This second volume of the Handbook covers some of the most exciting new growth areas in experimental economics, presents the latest results and experimental methods, and identifies promising new directions for future research. Featuring contributions by leading practitioners, the Handbook describes experiments in macroeconomics, charitable giving, neuroeconomics, other-regarding preferences, market design, political economy, subject population effects, gender effects, auctions, and learning and the economics of small decisions. Contributors focus on key developments and report on experiments, highlighting the dialogue between experimenters and theorists. While most of the experiments consist of laboratory studies, the book also includes several chapters that report extensively on field experiments related to the subject area studied. Covers exciting new growth areas in experimental economics Features contributions by leading experts Describes experiments in macroeconomics, charitable giving, neuroeconomics, market design, political economy, gender effects, auctions, and more Highlights the dialogue by experimenters with theorists and each other Includes several chapters covering field experiments related to the subject area studied




Impunity and Capitalism


Book Description

Analyses how and why financial crises stopped being treated as crimes and started being thought of as natural disasters.