The National Collegiate Athletic Association (“NCAA”) is based on such ideals as amateurism, fairness, and healthy competition, and ensures compliance with those principles with a formalized system of investigation, infraction hearings, and penalties. Legal minds, as well as the direct...

This monograph is a long-term analysis of citizens' collective action to influence public policy toward communication and information. We define and defend a vision of communication and information policy (CIP) as a comprehensive and integrated policy domain. We also define and describe the...

Some scholars have argued that the Framers of the U.S. Constitution did not have a common set of views on economics, or that the Constitution, except perhaps in isolated clauses, does not reflect any specific economic views. The principal Framers did, in fact, share a basic set of economic...

In early 2004, the Presidential study group, - a bipartisan commission of statesmen, diplomats, legislators, scholars, and experts - was conveyed to examine the state of the Middle East and the effectiveness of U.S. policy in advancing U.S. interests in that region. According to the report it...

We propose a framework to explain why some societies may end up with different constitutional solutions to the problem of maintaining order in the face of self-interested behavior. Though the salient intellectual tradition since Hobbes has focused on how institutional design is used to eradicate...

Scholarly research demonstrates that Regulatory Impact Analysis often falls short of the standards articulated in executive orders and Office of Management and Budget guidance. More often than not, agencies do not appear to use the Regulatory Impact Analysis to inform major decisions. Regulatory...

This paper compares the quality and use of regulatory analysis accompanying economically significant regulations proposed by US executive branch agencies in 2008, 2009, and 2010. We find that the quality of regulatory analysis is generally low, but varies widely. Budget regulations, which define...

In previous work with Mark Lemley I have discussed the critical role played by the courts in fitting patent law to the ongoing needs of innovation. Careful scrutiny of the recently enacted America Invents Act (AIA), which legislatively reforms American patent law, underscores the need for robust...

One frequently overlooked aspect of the U.S.-style electoral college system is that it discourages election fraud. In a presidential election based on the popular vote, competing political parties are motivated to manipulate votes in areas where they hold the most significant influence, such as...

This paper analyses a model of electoral competition with lobbying, where candidates hold private information about their willingness to pander to lobbies, if elected. I show that this uncertainty induces risk-averse voters to choose candidates who implement policies biased in favor of the...