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The American Criminal Code: General Defenses

Paul H. Robinson, Matthew G. Kussmaul, Camber M. Stoddard, Ilya Rudyak and Andreas Kuersten.

in Journal of Legal Analysis

June 2015; p ublished online March 2015 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 47702 words.

There are fifty-two bodies of criminal law in the USA. Each stakes out often diverse positions on a range of issues. This article defines the “American rule” for each of the issues relating...

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Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts

Lisa Bernstein.

in Journal of Legal Analysis

December 2015; p ublished online February 2016 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 29120 words.

The master agreements that nominally govern the transactions between mid-western OEMs and their suppliers are not, for the most part, designed to create legal obligations. Rather, like the...

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Building Legal Order in Ancient Athens

Federica Carugati, Gillian K. Hadfield and Barry R. Weingast.

in Journal of Legal Analysis

December 2015; p ublished online July 2015 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 14574 words.

How do democratic societies establish and maintain order in ways that are conducive to growth? Contemporary scholarship associates order, democracy, and growth with centralized rule of law...

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Can the Administrative State be Tamed?

Christopher DeMuth.

in Journal of Legal Analysis

June 2016; p ublished online February 2016 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 29200 words.

The modern American administrative state is a regime of lawmaking by ad hoc managed democracy. It is the product of modern affluence and technology—which have reduced political transactions...

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Distributionally Weighted Cost–Benefit Analysis: Welfare Economics Meets Organizational Design

David A. Weisbach.

in Journal of Legal Analysis

June 2015; p ublished online December 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 13809 words.

Approaches to cost–benefit analysis (CBA) derived from social welfare maximization conclude that it ideally should include distributional weights. Agencies using CBA, however, do not...

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An Economic Perspective on As Such/Facial versus As Applied Challenges in the WTO and U.S. Constitutional Systems

Alan O. Sykes.

in Journal of Legal Analysis

October 2014; p ublished online March 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 13620 words.

Suppose that a government party to some treaty regime enacts a measure that authorizes an official to act contrary to the treaty. Suppose further, however, that no action in violation of...

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Executive Action: Its History, its Dilemmas, and its Potential Remedies

Edward L. Rubin.

in Journal of Legal Analysis

June 2016; p ublished online June 2016 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 20087 words.

Concerns about the rule of law in the modern administrative state can be fully understood only in their historical context. After the Norman Conquest, the national government of England was...

Executive Opportunism, Presidential Signing Statements, and the Separation of Powers

Daniel B. Rodriguez, Edward H. Stiglitz and Barry R. Weingast.

in Journal of Legal Analysis

June 2016; p ublished online February 2016 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 10027 words.

Executive discretion over policy outcomes is an inevitable feature of our political system. However, in recent years, the President has sought to expand his discretion using a variety of...

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Exit from Contract

Oren Bar-Gill and Omri Ben-Shahar.

in Journal of Legal Analysis

October 2014; p ublished online July 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 14374 words.

Exit from contract is one of the most powerful consumer protection devices, freeing consumers from bad deals and keeping businesses honest. Yet consumers often choose transactions with...

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Federalism as a Way Station: Windsor as Exemplar of Doctrine in Motion

Neil S. Siegel.

in Journal of Legal Analysis

October 2014; p ublished online July 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 28873 words.

This article asks what the U.S. Supreme Court’s opinion in United States v. Windsor stands for. It first shows that the opinion leans in the direction of marriage equality but ultimately...

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Incentives to Invest in Litigation and the Superiority of the Class Action

David Rosenberg and Kathryn E. Spier.

in Journal of Legal Analysis

December 2014; p ublished online December 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 27131 words.

We formally demonstrate the general case for class action in a rent-seeking contest model, explaining why separate action adjudication is biased in the defendant’s favor and collective...

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The Medieval Law Merchant: The Tyranny of a Construct

Emily Kadens.

in Journal of Legal Analysis

December 2015; p ublished online June 2015 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 17126 words.

The story of a medieval law merchant has a strong hold on scholars interested in private ordering. Despite numerous historical works demonstrating the falsity of the myth, it continues to...

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Over-Accountability

Jacob E. Gersen and Matthew C. Stephenson.

in Journal of Legal Analysis

December 2014; p ublished online December 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 24163 words.

Although ensuring the “accountability” of agents to their principals is widely considered a core objective of institutional design, recent work in political economy has identified and...

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Private Orderings

Lisa Bernstein, Alan Morrison and J. Mark Ramseyer.

in Journal of Legal Analysis

December 2015; p ublished online February 2016 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 1607 words.

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Prosecuting Beyond the Rule of Law: Corporate Mandates Imposed through Deferred Prosecution Agreements

Jennifer Arlen.

in Journal of Legal Analysis

June 2016; p ublished online June 2016 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 19409 words.

U.S. corporate criminal enforcement policy allows prosecutors to enter into deferred and nonprosecution agreements (D/NPAs) that impose corporate reform mandates on firms with detected...

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Regulation as Delegation

Oren Bar-Gill and Cass R. Sunstein.

in Journal of Legal Analysis

June 2015; p ublished online June 2015 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 14326 words.

In diverse areas—from retirement savings, to fuel economy, to prescription drugs, to consumer credit, to food and beverage consumption—government makes personal decisions for us or helps us...

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Rethinking Personal Jurisdiction

Daniel Klerman.

in Journal of Legal Analysis

December 2014; p ublished online December 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 25918 words.

This article sets out a pragmatic justification for the main features of current personal jurisdiction doctrine: personal jurisdiction rules minimize litigation costs and bias. This...

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The Role of Guidances in Modern Administrative Procedure: The Case for De Novo Review

Richard A. Epstein.

in Journal of Legal Analysis

June 2016; p ublished online November 2015 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 21698 words.

This article examines the rise of the administrative guidance under the APA. Guidances supply information so private parties can organize their behavior in accordance with law, but also...

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Seeking Baselines for Negative Authority: Constitutional and Rule-of-law Arguments Over Nonenforcement and Waiver

Zachary S. Price.

in Journal of Legal Analysis

June 2016; p ublished online May 2016 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 17586 words.

Recent controversies have called attention to the potential significance of negative executive authority—the authority to limit or undo what Congress has done through nonenforcement or...

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Social Capital and the Formal Legal System: Evidence from Prefecture-Level Data in Japan

J. Mark Ramseyer.

in Journal of Legal Analysis

December 2015; p ublished online August 2015 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 17300 words.

Verifiable proxies for social capital potentially provide an empirically tractable way to identify environments where social norms both constrain behavior and substitute for judicial...

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