<DIV>Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations.<BR><BR>This...</div>

One of the main purposes of American labor law has been to reduce conflict between employers and workers. This paper discusses the ways in which various doctrines might serve this purpose. Four theories are examined: bargaining with asymmetric information; conflict; herding; and trust. The...

Calls for benefit-cost analysis in rule-making, based on the Dodd-Frank Wall Street Reform Act, have revealed a paucity of work on allocative efficiency in financial markets. We propose three principles to help fill this gap. First, we highlight the need for quantifying the statistical cost of a...

De minimis cutoffs are a familiar feature of risk regulation. This includes the quantitative individual risk thresholds for fatality risks employed in many contexts by EPA, FDA, and other agencies, such as the 1-in-1 million lifetime cancer risk cutoff; extreme event cutoffs for addressing natural...

Contemporary positivism has taken a communitarian turn. Hart, in the Postscript to quot;The Concept of Law,quot; clarifies that the rule of recognition is a special sort of social practice: a convention. It is not clear whether Hart, here, means convention in the strict sense elaborated by David...

This essay is a chapter in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's quot;rule of recognitionquot; model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars...