Administrative Law

Link

Rationality or Rationalism? The Positive and Normative Flaws of Cost-Benefit Analysis, Houston Law Review (2011)

Environmental, health, and safety advocates, say Richard Revesz and Michael Livermore, have been wrongly hostile...

 

Link

Privatization, Free Riding, and Industry-Expanding Lobbying, International Review of Law & Economics (2010)

Critics of privatization argue that privatization encourages providers to lobby for industry expansion. I argue...

 

PDF

Why Do Judges Read Statutes?, Draft, January 21 (2010)

The standard view that "statutory interpretation matters" -- that different methods can "lead to" different...

 

Link

Choosing Interpretive Methods: A Positive Theory of Judges and Everyone Else, NYU Law Review (2008)

In this Article, I propose a theory of how rational, ideologically motivated judges might choose...

 

Link

Privatization and the Law and Economics of Political Advocacy, Stanford Law Review (2008)

A common argument against privatization is that private providers will self-interestedly lobby to increase the...

 

PDF

Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)

The privatization literature depicts the choice whether to contract out as a tradeoff between excessive...

 

Link

Developments in the Law—The Law of Prisons: III. A Tale of Two Systems: Cost, Quality, and Accountability in Private Prisons, Harvard Law Review (2002)

Private prisons are on the rise. Privately operated juvenile facilities—mostly community-based group homes or halfway...

 

Economics

Link

Everything We Know About Faith-Based Prisons, University of Alabama Law Review (2011)

This Article examines everything we know about the effectiveness of faith-based prisons, which is not...

 

Link

Privatization, Free Riding, and Industry-Expanding Lobbying, International Review of Law & Economics (2010)

Critics of privatization argue that privatization encourages providers to lobby for industry expansion. I argue...

 

PDF

Why Do Judges Read Statutes?, Draft, January 21 (2010)

The standard view that "statutory interpretation matters" -- that different methods can "lead to" different...

 

Link

Property Rights and Contract Form in Medieval Europe, American Law & Economics Review (2009)

This article contributes not only to to the literature on medieval economic history but also...

 

PDF

Externalities, Encyclopedia of Libertarianism (2008)

Entry on "externalities" for the Encyclopedia of Libertarianism.

 

PDF

Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)

The privatization literature depicts the choice whether to contract out as a tradeoff between excessive...

 

Link

Judicial Reform (with Juan Carlos Botero, Rafael La Porta, Florencio López-de-Silanes, and Andrei Shleifer), World Bank Research Observer (2003)

A review of the evidence on judicial reform across countries shows that those seeking to...

 

Link

Cult of Capitalism Deserves More Than Ginn's Short Shrift, Harvard Law Record (2001)

Response to the Harvard Law Record column by Cliff Ginn available at http://www.hlrecord.org/news/341145.html.

 

Prisons

Link

Everything We Know About Faith-Based Prisons, University of Alabama Law Review (2011)

This Article examines everything we know about the effectiveness of faith-based prisons, which is not...

 

Link

Prison Vouchers, University of Pennsylvania Law Review (2011)

School vouchers have been proposed as a way to bypass the political pathologies of school...

 

Link

Privatization, Free Riding, and Industry-Expanding Lobbying, International Review of Law & Economics (2010)

Critics of privatization argue that privatization encourages providers to lobby for industry expansion. I argue...

 

PDF

Cases and Materials on Privatization, Version 3.3 (2009)

These are the materials for my course on privatization, and the draft for an eventual...

 

Link

Privatization and the Law and Economics of Political Advocacy, Stanford Law Review (2008)

A common argument against privatization is that private providers will self-interestedly lobby to increase the...

 

PDF

Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)

The privatization literature depicts the choice whether to contract out as a tradeoff between excessive...

 

Link

Developments in the Law—The Law of Prisons: III. A Tale of Two Systems: Cost, Quality, and Accountability in Private Prisons, Harvard Law Review (2002)

Private prisons are on the rise. Privately operated juvenile facilities—mostly community-based group homes or halfway...

 

Law and Economics

Link

Prison Vouchers, University of Pennsylvania Law Review (2011)

School vouchers have been proposed as a way to bypass the political pathologies of school...

 

Link

Rationality or Rationalism? The Positive and Normative Flaws of Cost-Benefit Analysis, Houston Law Review (2011)

Environmental, health, and safety advocates, say Richard Revesz and Michael Livermore, have been wrongly hostile...

 

Link

Privatization, Free Riding, and Industry-Expanding Lobbying, International Review of Law & Economics (2010)

Critics of privatization argue that privatization encourages providers to lobby for industry expansion. I argue...

 

Link

Property Rights and Contract Form in Medieval Europe, American Law & Economics Review (2009)

This article contributes not only to to the literature on medieval economic history but also...

 

PDF

Cases and Materials on Privatization, Version 3.3 (2009)

These are the materials for my course on privatization, and the draft for an eventual...

 

Link

Choosing Interpretive Methods: A Positive Theory of Judges and Everyone Else, NYU Law Review (2008)

In this Article, I propose a theory of how rational, ideologically motivated judges might choose...

 

Link

Privatization and the Law and Economics of Political Advocacy, Stanford Law Review (2008)

A common argument against privatization is that private providers will self-interestedly lobby to increase the...

 

PDF

Externalities, Encyclopedia of Libertarianism (2008)

Entry on "externalities" for the Encyclopedia of Libertarianism.

 

PDF

Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)

The privatization literature depicts the choice whether to contract out as a tradeoff between excessive...

 

Link

Civil Procedure—Class Actions—Seventh Circuit Reverses Lower Court's Approval of Class Action Settlement, Citing Evidence of Collusion.—Reynolds v. Beneficial National Bank, 288 F.3d 377 (7th Cir. 2002), Harvard Law Review (2003)

Class actions have the potential to increase the efficiency of litigation by eliminating duplicative lawsuits...

 

Link

Judicial Reform (with Juan Carlos Botero, Rafael La Porta, Florencio López-de-Silanes, and Andrei Shleifer), World Bank Research Observer (2003)

A review of the evidence on judicial reform across countries shows that those seeking to...

 

Link

Developments in the Law—The Law of Prisons: III. A Tale of Two Systems: Cost, Quality, and Accountability in Private Prisons, Harvard Law Review (2002)

Private prisons are on the rise. Privately operated juvenile facilities—mostly community-based group homes or halfway...

 

Link

Cult of Capitalism Deserves More Than Ginn's Short Shrift, Harvard Law Record (2001)

Response to the Harvard Law Record column by Cliff Ginn available at http://www.hlrecord.org/news/341145.html.

 

Political Economy & Public Choice

Link

Prison Vouchers, University of Pennsylvania Law Review (2011)

School vouchers have been proposed as a way to bypass the political pathologies of school...

 

Link

Rationality or Rationalism? The Positive and Normative Flaws of Cost-Benefit Analysis, Houston Law Review (2011)

Environmental, health, and safety advocates, say Richard Revesz and Michael Livermore, have been wrongly hostile...

 

Link

Privatization, Free Riding, and Industry-Expanding Lobbying, International Review of Law & Economics (2010)

Critics of privatization argue that privatization encourages providers to lobby for industry expansion. I argue...

 

PDF

Why Do Judges Read Statutes?, Draft, January 21 (2010)

The standard view that "statutory interpretation matters" -- that different methods can "lead to" different...

 

Link

Choosing Interpretive Methods: A Positive Theory of Judges and Everyone Else, NYU Law Review (2008)

In this Article, I propose a theory of how rational, ideologically motivated judges might choose...

 

Link

Privatization and the Law and Economics of Political Advocacy, Stanford Law Review (2008)

A common argument against privatization is that private providers will self-interestedly lobby to increase the...

 

PDF

Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)

The privatization literature depicts the choice whether to contract out as a tradeoff between excessive...

 

Link

Judicial Reform (with Juan Carlos Botero, Rafael La Porta, Florencio López-de-Silanes, and Andrei Shleifer), World Bank Research Observer (2003)

A review of the evidence on judicial reform across countries shows that those seeking to...

 

Link

Developments in the Law—The Law of Prisons: III. A Tale of Two Systems: Cost, Quality, and Accountability in Private Prisons, Harvard Law Review (2002)

Private prisons are on the rise. Privately operated juvenile facilities—mostly community-based group homes or halfway...

 

Link

Shades of Green, Reason (1998)
 

Legal History

Link

Property Rights and Contract Form in Medieval Europe, American Law & Economics Review (2009)

This article contributes not only to to the literature on medieval economic history but also...

 

Link

n guilty men, University of Pennsylvania Law Review (1997)

“Better that ten guilty persons escape, than that one innocent suffer,” said English jurist William...

 

Privatization

Link

Everything We Know About Faith-Based Prisons, University of Alabama Law Review (2011)

This Article examines everything we know about the effectiveness of faith-based prisons, which is not...

 

Link

Prison Vouchers, University of Pennsylvania Law Review (2011)

School vouchers have been proposed as a way to bypass the political pathologies of school...

 

Link

Privatization, Free Riding, and Industry-Expanding Lobbying, International Review of Law & Economics (2010)

Critics of privatization argue that privatization encourages providers to lobby for industry expansion. I argue...

 

PDF

Cases and Materials on Privatization, Version 3.3 (2009)

These are the materials for my course on privatization, and the draft for an eventual...

 

Link

Privatization and the Law and Economics of Political Advocacy, Stanford Law Review (2008)

A common argument against privatization is that private providers will self-interestedly lobby to increase the...

 

PDF

Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)

The privatization literature depicts the choice whether to contract out as a tradeoff between excessive...

 

Link

Developments in the Law—The Law of Prisons: III. A Tale of Two Systems: Cost, Quality, and Accountability in Private Prisons, Harvard Law Review (2002)

Private prisons are on the rise. Privately operated juvenile facilities—mostly community-based group homes or halfway...

 

Link

School Choice Could Help Alleviate Violence, Wall Street Journal (1999)
 

Art & Literature

Link

The Appeal (with Alex Kozinski), Michigan Law Review (2005)

The late Josef K., a thirty-something male, claims that “someone must have slandered [him], for...

 

Link

Orpheus (1995)
 

Science

Link

The Pitfalls of the Environmental Right to Know, Utah Law Review (2002)

Would you want your family to live near a plant containing acetone, acetaldehyde, methyl butyrate,...

 

Link

Hollywood Strikes Out When Thinking About God, Greenwich (Conn.) Time (1997)
 

Environmental Law & Policy

Link

Rationality or Rationalism? The Positive and Normative Flaws of Cost-Benefit Analysis, Houston Law Review (2011)

Environmental, health, and safety advocates, say Richard Revesz and Michael Livermore, have been wrongly hostile...

 

Link

The Pitfalls of the Environmental Right to Know, Utah Law Review (2002)

Would you want your family to live near a plant containing acetone, acetaldehyde, methyl butyrate,...

 

Link

Shades of Green, Reason (1998)
 

Link

Is Recycling Good or Bad -- or Both?, Consumers' Research (1997)
 

Link

Quasimodo, Property, and Sanctuary, Middletown (Oh.) Journal (1996)
 

Humor

PDF

Better That Ten Guilty Men..., Beyond a Reasonable Doubt (2006)

Abridgment of the law review article "n guilty men," 146 U. Pa. L. Rev. 173...

 

Link

The Appeal (with Alex Kozinski), Michigan Law Review (2005)

The late Josef K., a thirty-something male, claims that “someone must have slandered [him], for...

 

Link

n guilty men, University of Pennsylvania Law Review (1997)

“Better that ten guilty persons escape, than that one innocent suffer,” said English jurist William...

 

Procedure

PDF

Better That Ten Guilty Men..., Beyond a Reasonable Doubt (2006)

Abridgment of the law review article "n guilty men," 146 U. Pa. L. Rev. 173...

 

Link

The Appeal (with Alex Kozinski), Michigan Law Review (2005)

The late Josef K., a thirty-something male, claims that “someone must have slandered [him], for...

 

Link

Civil Procedure—Class Actions—Seventh Circuit Reverses Lower Court's Approval of Class Action Settlement, Citing Evidence of Collusion.—Reynolds v. Beneficial National Bank, 288 F.3d 377 (7th Cir. 2002), Harvard Law Review (2003)

Class actions have the potential to increase the efficiency of litigation by eliminating duplicative lawsuits...

 

Link

Judicial Reform (with Juan Carlos Botero, Rafael La Porta, Florencio López-de-Silanes, and Andrei Shleifer), World Bank Research Observer (2003)

A review of the evidence on judicial reform across countries shows that those seeking to...

 

Link

n guilty men, University of Pennsylvania Law Review (1997)

“Better that ten guilty persons escape, than that one innocent suffer,” said English jurist William...

 

Book Reviews

Link

The Appeal (with Alex Kozinski), Michigan Law Review (2005)

The late Josef K., a thirty-something male, claims that “someone must have slandered [him], for...

 

Constitutional Law

PDF

Cases and Materials on Privatization, Version 3.3 (2009)

These are the materials for my course on privatization, and the draft for an eventual...

 

The Supreme Court, 2001 Term—Leading Cases: Takings Clause—Regulatory Takings—Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 122 S. Ct. 1465 (2002), Harvard Law Review (2002)

In 1922, Justice Holmes invented regulatory takings jurisprudence by announcing that “if regulation goes too...

 

Property

Link

Property Rights and Contract Form in Medieval Europe, American Law & Economics Review (2009)

This article contributes not only to to the literature on medieval economic history but also...

 

The Supreme Court, 2001 Term—Leading Cases: Takings Clause—Regulatory Takings—Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 122 S. Ct. 1465 (2002), Harvard Law Review (2002)

In 1922, Justice Holmes invented regulatory takings jurisprudence by announcing that “if regulation goes too...

 

Link

Quasimodo, Property, and Sanctuary, Middletown (Oh.) Journal (1996)
 

Education

PDF

Cases and Materials on Privatization, Version 3.3 (2009)

These are the materials for my course on privatization, and the draft for an eventual...

 

Link

A Brief Guide to School-Violence Prevention, Journal of Law & Family Studies (2000)

Students shouldn’t shoot one another. So far, everyone seems to agree. Everyone also seems to...

 

Link

School Choice Could Help Alleviate Violence, Wall Street Journal (1999)
 

Russia

Link

Ushka Comes to Shove, The New Republic (1993)
 

Legislation

PDF

Why Do Judges Read Statutes?, Draft, January 21 (2010)

The standard view that "statutory interpretation matters" -- that different methods can "lead to" different...

 

Regulation

Link

Rationality or Rationalism? The Positive and Normative Flaws of Cost-Benefit Analysis, Houston Law Review (2011)

Environmental, health, and safety advocates, say Richard Revesz and Michael Livermore, have been wrongly hostile...

 

Link

Shades of Green, Reason (1998)
 

Link

Software Pirates, Reason (1997)
 

Link

Pruning the FDA, National Review (1997)
 

Link

History Shows Freedom Drives a Car, Corvallis (Or.) Gazette-Times (1997)
 

Link

Ad Bans Are a Bad Idea, San Marino (Cal.) Tribune (1995)
 

Link

Kessler's a Drag, Wall Street Journal (1995)
 

Link

Leaving Us to Our Own Devices, RT: The Journal of Respiratory Care Practitioners (1994)
 

Link

Feel a Heart Attack Coming? Go to France, Wall Street Journal (1994)
 

Religion

Link

Everything We Know About Faith-Based Prisons, University of Alabama Law Review (2011)

This Article examines everything we know about the effectiveness of faith-based prisons, which is not...

 

No subject area

PDF

The Constitutional Possibilities of Prison Vouchers, Draft 52 (2010)

Faith-based prisons, as currently constituted, are unconstitutional. Whether the funding mechanism is direct or indirect,...