Topic
Empirical Legal Studies
Posts
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CommentaryVol. 104 · Iss. 2
Clemency and Public Opinion: A Survey of Missouri Voters
Executive clemency presents a law and policy puzzle. The executive power to grant clemency is quite broad and unregulated; historically, it was frequently exercised.…
Nicholas Scurich, Brandon L. Garrett, Richard S. John & T.C. Tanski -
ArticleVol. 104 · Iss. 2
Fairness and Excess in Asset Forfeiture
Every year, federal, state, and local law enforcement agencies take ownership of billions of dollars’ worth of property that is thought to be connected…
Stephanie Holmes Didwania & Matthew B. Kugler -
ArticleVol. 104 · Iss. 2
Enforcing the Community Reinvestment Act
Nearly fifty years after the Community Reinvestment Act of 1977 (CRA) required banks to serve low- and moderate-income (LMI) areas, the systematic exclusion of…
Jeremy C. Kress & Jeffery Y. Zhang -
ArticleVol. 104 · Iss. 1
Trust Litigation
There is a blind spot at the center of American inheritance law. In the late twentieth century, revocable living trusts (rev trusts) replaced wills…
David Horton, Reid Kress Weisbord & Christopher J. Ryan, Jr. -
ArticleVol. 104 · Iss. 1
Board Overload
The board of directors plays a critical role in steering corporate behavior. Over the past two decades, regulators have increasingly required boards to oversee…
Asaf Eckstein, Roy Shapira & Ariel Shillo -
ArticleVol. 103 · Iss. 4
Deference Realities: Judicial Deference and Litigation Outcomes in the Appellate Review Era
The Supreme Court recently overturned Chevron, potentially re-shaping the relationship between courts and administrative agencies. Observers were quick to fête or mourn the decision.…
Edward H. Stiglitz -
ArticleVol. 103 · Iss. 2
Policing Children’s Data
In recent years, advances in policing technology have dramatically expanded law enforcement’s ability to access data. This includes children’s data—their photographs, text messages, geolocation…
Nila Bala -
ArticleVol. 102 · Iss. 4
A World Without Federal Sentencing Guidelines
Most participants and observers of the criminal system perceive the Federal Sentencing Guidelines as excessively harsh. A foundational question has persisted since the creation…
Sam J. Merchant -
ArticleVol. 102 · Iss. 3
A Constitutional False Claims Act
The False Claims Act (FCA) represents one of the most important sources, if not the most important source, of liability in the healthcare system…
Benjamin J. McMichael, Mackenzi Barrett & W. Kip Viscusi -
CommentaryVol. 102 · Iss. 2
Consequential Damages Clauses: Alien Vomit Or Intelligent Design?
Hadley v. Baxendale, 9 Exch. 341 (1854), is an old British case commonly taught in first-year contracts classes. The case sets out a limitation…
Tara Chowdhury, Faith Chudkowski, Amanda Dixon, Rishabh Sharma, Madison Sherrill, Hadar Tanne, Stephen J. Choi & Mitu Gulati -
CommentaryVol. 102 · Iss. 2
Another Consequential Damages Redux: A Response to “Consequential Damages Clauses: Alien Vomit or Intelligent Design?”
In “Consequential Damages Clauses: Alien Vomit or Intelligent Design,” Professors Choi and Gulati (and their cast of co-authors) have produced an interesting piece examining,…
Glenn D. West -
Online2024
Contingent Fees and Access to Justice
In recent years, scholars have documented and lamented the fact that most Americans have difficulty gaining access to justice. Most people simply cannot afford…
Eric Helland & Daniel Klerman