David Zaring
University of Pennsylvania Law School
Mariano-Florentino Cuéllar’s “Securing” the Nation: Law, Politics, and Organization at the Federal Security Agency is both a work of history and a reminder of echoes of the past in contemporary policymaking. It compares the great post-9/11 bureaucratic reorganization, which created the Department of Homeland Security (DHS), with one great… Read More »
Americans listening to one of President Franklin Roosevelt’s fireside chats on a cabinet-sized radio in the late 1930s could not have imagined the eventual birth of the Internet technology used to disseminate this Article. They would have been hard pressed to imagine the spectacular growth of East Asian economies, or… Read More »
In this Article, we propose that courts should make draft opinions available to the public for comment (typically by posting them on the Internet) before issuing them in final form. This proposal is not as wacky as it might first sound. A variant, in which draft opinions are distributed to… Read More »
This article is a response to an earlier posted piece by Jeanne C. Fromer: Claiming Intellectual Property.
Claiming intellectual property is an act of communication, but as with all communication not everything can be spelled out with exactitude all the time—far from it. By drawing out an additional distinction between… Read More »
This article is a response to an earlier posted piece by Richard Epstein: Protect Us, Lord, from Title VII: A Response to Gelbach, Klick, and Wexler.
We thank Richard Epstein for commenting on our online Article. He brings a unique perspective to the field of employment discrimination and pushes other scholars… Read More »
By writing a series of James Bond novels, Ian Fleming qualified for American copyright protection, pursuant to which works created by others without license and found by courts to be substantially similar to the novels would generally infringe his copyright. Imagine instead that Fleming would have had to draft a… Read More »
New findings in hedonic psychology have implications for punishment theory. Specifically, these findings suggest that criminals adapt surprisingly well to fines and even to incarceration, but that incarceration negatively affects post-prison life in ways that tend to be unadaptable. These results increase the difficulty of using adjustments in the size… Read More »
David A. Strauss
- The University of Chicago Law School
Professor Mitchell’s characteristically thoughtful and incisive comment makes many important points. I also agree with Professor Mitchell that a modernization approach gives political actors an incentive to behave strategically… Read More »
In this Editorial, we present a basic, one-period microeconomic model in which equilibrium occurs in both perfectly competitive labor markets and goods markets. This piece is a companion to our earlier Legal Workshop Editorial, Passive Discrimination, which was posted on June 22, 2009. Because all hypothesized workers are equally productive,… Read More »
In their recent article, Passive Discrimination, Jonah Gelbach, Jonathan Klick, and Lesley Wexler (hereafter “GKW”) offer yet another way to pile additional liabilities on hapless employers for race or sex discrimination under Title VII of the Civil Rights Act of 1964. Their article is ingenious because it identifies a mechanism—previously discussed… Read More »