The public debate over the need to raise judicial salaries has been one-sided. Sentiment appears to be that judges are underpaid. But neither theory nor evidence provides much support for this view. The primary argument being made in favor of a pay increase is that it will raise the quality of...

We provide experimental evidence for the existence of “rent stigma,” a preference for owning goods or real estate to renting them. In one experiment, anonymous respondents preferred owning a car or house to renting them even though the transaction was constructed to be identical in each case...

A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, ambiguous statutes are usually interpreted to conform to international law, and statutes are usually not understood to apply...

This essay compares crisis governance and emergency lawmaking after 9/11 and the financial meltdown of 2008. We argue that the two episodes were broadly similar in outline, but importantly different in detail, and we attempt to explain both the similarities and differences. First, broad...

This paper, a comment on an essay by Satz and White that appeared in the IFS Deaton Review (Sept. 2021), argues that redistribution of wealth for the purpose of advancing equality (rather than improving the worst off) can be provided an institutional defense against the "leveling down" charge...

Recommended readings (Machine generated): Jack L. Goldsmith and Eric A. Posner (1999), 'A Theory of Customary International Law', University of Chicago Law Review, 66 (4), Autumn, 1113-77 -- Andrew T. Guzman (2002), 'A Compliance-Based Theory of International Law', California Law Review, 90 (6),...

The regulatory state has become a cost-benefit state, in the sense that under prevailing executive orders, agencies must catalogue the costs and benefits of regulations before issuing them, and in general, must show that their benefits justify their costs. Agencies have well-established tools...

Soziale Ungleichheit und ökonomische Stagnation auf den freien Märkten sind die zentralen Probleme unserer Zeit. Die Lösung: den Markt endlich zügeln, oder? Die Querdenker Posner und Weyl stellen dieses Denken - und so ziemlich alles konventionelle Denken über Wirtschaft - buchstäblich auf...

"Many blame today's economic inequality, stagnation, and political instability on the free market. The solution is to rein in the market, right? [This book] turns this thinking--and pretty much all conventional thinking about markets, both for and against--on its head. The book reveals...new...