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...

A growing body of research on happiness or subjective well-being (SWB) shows, among other things, that people adapt to many injuries more rapidly than is commonly thought, fail to predict the degree of adaptation and hence overestimate the impact of those injuries on their SWB, and, similarly,...

European law gives consumers the right to withdraw from a range of contracts for goods and services; American law, with narrow exceptions, does not. Yet merchants in the United States frequently provide by contract that consumers have the right to return goods. We analyze the right to withdraw...

The International Court of Justice (ICJ) has jurisdiction over disputes between nations and has decided dozens of cases since it began operations in 1946. Its defenders argue that the ICJ decides cases impartially. Its critics argue that the members of the ICJ vote the interests of the states...

The housing crisis threatens to destroy hundreds of billions of dollars of value by causing homeowners with negative equity to walk away from their houses. We advocate a legal reform that would allow homeowners to reduce principal while giving mortgage holders an equity interest. Such a plan...

Erga omnes norms are those that give third-party states, rather than just the victim, legal claims against states that violate them. This paper argues that ordinary twoparty norms arise when states recognize that a norm violation injures only one state and that other states that seek to...

The international law of state responsibility determines when states are liable for international law violations. States are generally liable when they have control over the actions of wrongdoers; thus, the actions of state officials can implicate state responsibility whereas the acts of private...