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A New Publisher

J. Mark Ramseyer, Steven Shavell and Rhodri Jackson.

in Journal of Legal Analysis

December 2011; p ublished online August 2011 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 239 words.

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Legal Origin or Colonial History?

Daniel M. Klerman, Paul G. Mahoney, Holger Spamann and Mark I. Weinstein.

in Journal of Legal Analysis

December 2011; p ublished online November 2011 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 12406 words.

Economists have documented pervasive correlations between legal origins, modern regulation, and economic outcomes around the world. Where legal origin is exogenous, however, it is almost...

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Traynor (<i>Drennan)</i> Versus Hand (<i>Baird</i>)

Victor P. Goldberg.

in Journal of Legal Analysis

December 2011; p ublished online October 2011 .

Journal Article. Subjects: Law and Economics; Contract Law. 21803 words.

Most Contracts casebooks feature either Baird v. Gimbel or Drennan v. Star Paving to illustrate the limits on revocability of an offer. In this article an analysis of the case law yields...

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Hybrid Judicial Career Structures

Nuno Garoupa and Tom Ginsburg.

in Journal of Legal Analysis

December 2011; p ublished online October 2011 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 13434 words.

Scholars have distinguished career from recognition judiciaries, largely arguing that they reflect different legal cultures and traditions. We start by noting that the career/recognition...

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Direct versus Communications-Based Prohibitions on Price Fixing

Louis Kaplow.

in Journal of Legal Analysis

December 2011; p ublished online February 2012 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 40414 words.

This article compares two policies toward coordinated oligopolistic price elevation. Most commentators endorse the view that the law should (and does) prohibit only those price elevations...

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Lessons from the Automobile Reorganizations

Douglas G. Baird.

in Journal of Legal Analysis

June 2012; p ublished online February 2012 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 14084 words.

In both Chrysler and General Motors, the government was, among other things, a large creditor exercising control over its debtor and pushing for a speedy sale of the assets. Together the...

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Scholars' Briefs and the Vocation of a Law Professor

Richard H. Fallon.

in Journal of Legal Analysis

June 2012; p ublished online February 2012 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 22184 words.

This article examines the increasingly common phenomenon of “scholars’ briefs” in which collections of law professors appear as amici curiae in litigation before a court. Arguing that many...

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Precautionary Principles in Constitutional Law

Adrian Vermeule.

in Journal of Legal Analysis

June 2012; p ublished online May 2012 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 15820 words.

This article examines precautionary strategies of constitutional design and interpretation. In many contexts, constitutional actors and theorists justify rules of constitutional law as...

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The Evolution of Contractual Terms in Sovereign Bonds

Stephen J. Choi, Mitu Gulati and Eric A. Posner.

in Journal of Legal Analysis

June 2012; p ublished online May 2012 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 20358 words.

In reaction to defaults on sovereign debt contracts, issuers and creditors have strengthened the terms in sovereign debt contracts that enable creditors to enforce their debts judicially...

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The First Amendment and Political Risk

Mark Tushnet.

in Journal of Legal Analysis

June 2012; p ublished online June 2012 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 13203 words.

First Amendment doctrine is at its core about the correct response to the fact that speech can increase the risk of social harm. First Amendment risk varies along several dimensions,...

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