The Coase Theorem predicts that, if there are no transaction costs, parties will always contract their way to an efficient outcome. Thus, no matter which legal rules society chooses, "Coasean bargains" will lead to efficient results. There are always some transaction costs. However, transaction...

This is a draft. The final version is forthcoming in the New York University Journal of Law and Liberty.In Griggs v. Duke Power Co. (1971), the Supreme Court held that Title VII of the Civil Rights Act of 1964 went far beyond prohibiting intentional discrimination on the basis of race, color,...

The text of the Constitution nowhere mentions God; the document is, as some scholars put it, quot;godless.quot; What is the significance of that silence? This brief essay, written for a discussion conference on religion, multiculturalism, and citizenship, considers and criticizes two possible...

The presence of Mexican law - as the applicable foreign law - continues to grow considerably in American courts. This phenomenon is significant in California and the southwestern states, as well as in Illinois, New York and Washington, D.C. It is unquestionable that deciding cases based on...

While post-employment restrictions may encourage firms to invest in employee skill and research and development (R&D), such restrictions may also under certain circumstances discourage employees from investing in their own human capital and work performance. The article reports the findings of...

This Article considers the role that the reputation of lawyers and signaling between lawyers and clients plays in determining the impact of the professional rules. Academics who have written about the relationships between lawyers and clients and the ways lawyers typically act have not...

This study examines determinants of cohesion in the Supreme Court's reliance on precedent in the network of U.S. Supreme Court precedents. We use a database of all Supreme Court Citations and test several measures of annualized Court action as independent variables in a regression on several...

Conventional delegations - statutes delegating Article I, section 8 authority - are familiar enough and have spawned a large literature regarding their constitutionality. Rather than discussing whether Congress may delegate these powers, we wish to shift the focus to delegation of other powers....

Recent years have seen an explosion of scholarship on “personalized law.” Commentators foresee a world in which regulators armed with big data and machine learning techniques determine the optimal legal rule for every regulated party, then instantaneously disseminate their decisions via...

In September of 2017, the U.S. Commission on Civil Rights issued a report entitled, Targeted Fines and Fees. This Statement was part of that report. It supports some aspects of the report and critiques others. In particular, it agrees with the report that some cities and towns derive a...