Lochner v. New York, 198 U.S. 45 (1905), stands as one of the Supreme Court's most reviled decisions. We challenge the critical consensus against Lochner and provide a defense, albeit a contingent defense, of unprincipled judicial activism. To do so, we develop a game-theoretic model of...

It seems obvious that divided governments should produce less legislation than unified governments. Yet studies have consistently failed to find such an effect. Because almost all existing studies focus on the experience of the U.S. national government, the data have limited analysis to a...

By articulating discourse theory to build on the concepts of 'strategic culture', 'security culture' and 'grand strategy', we argue that the European Union has adopted a 'global power' approach since approximately 1999, having been previously constituted as a 'civilian power' since the 1970s. We...

It is commonly thought that the Uniform Commercial Code adopts a negligence principle as the basis of loss allocation for the check system. This article argues that this common assumption is wrong. Instead, the fundamental principle of the check system and all other payment systems is that the...