Administrative Law
Privatization, Free Riding, and Industry-Expanding Lobbying, forthcoming, International Review of Law & Economics (2009)
Critics of privatization have argued that privatization distorts the political system by giving private contractors...
Why Do Judges Read Statutes?, Draft, Nov. 6 (2009)
The standard view that "statutory interpretation matters" -- that different methods can "lead to" different...
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...
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...
Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)
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...
Art & Literature
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...
Book Reviews
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
Prison Vouchers, Draft 5 (2009)
School vouchers have been proposed as a way of bypassing the political pathologies of school...
Cases and Materials on Privatization, Version 3.3 (2009)
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...
Economics
Privatization, Free Riding, and Industry-Expanding Lobbying, forthcoming, International Review of Law & Economics (2009)
Critics of privatization have argued that privatization distorts the political system by giving private contractors...
Property Rights and Contract Form in Medieval Europe, forthcoming, American Law & Economics Review (2009)
This article contributes not only to to the literature on medieval economic history but also...
Why Do Judges Read Statutes?, Draft, Nov. 6 (2009)
The standard view that "statutory interpretation matters" -- that different methods can "lead to" different...
Externalities, Encyclopedia of Libertarianism (2008)
Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)
Judicial Reform (with Juan Carlos Botero, Rafael La Porta, Florencio López-de-Silanes, and Andrei Shleifer), World Bank Research Observer (2003)
Cult of Capitalism Deserves More Than Ginn's Short Shrift, Harvard Law Record (2001)
Education
Cases and Materials on Privatization, Version 3.3 (2009)
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...
Environmental Law & Policy
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,...
Humor
Better That Ten Guilty Men..., Beyond a Reasonable Doubt (2006)
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...
n guilty men, University of Pennsylvania Law Review (1997)
“Better that ten guilty persons escape, than that one innocent suffer,” said English jurist William...
Law and Economics
Privatization, Free Riding, and Industry-Expanding Lobbying, forthcoming, International Review of Law & Economics (2009)
Critics of privatization have argued that privatization distorts the political system by giving private contractors...
Prison Vouchers, Draft 5 (2009)
School vouchers have been proposed as a way of bypassing the political pathologies of school...
Cases and Materials on Privatization, Version 3.3 (2009)
Property Rights and Contract Form in Medieval Europe, forthcoming, American Law & Economics Review (2009)
This article contributes not only to to the literature on medieval economic history but also...
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...
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...
Externalities, Encyclopedia of Libertarianism (2008)
Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)
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...
Judicial Reform (with Juan Carlos Botero, Rafael La Porta, Florencio López-de-Silanes, and Andrei Shleifer), World Bank Research Observer (2003)
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...
Cult of Capitalism Deserves More Than Ginn's Short Shrift, Harvard Law Record (2001)
Legal History
Property Rights and Contract Form in Medieval Europe, forthcoming, American Law & Economics Review (2009)
This article contributes not only to to the literature on medieval economic history but also...
n guilty men, University of Pennsylvania Law Review (1997)
“Better that ten guilty persons escape, than that one innocent suffer,” said English jurist William...
Legislation
Why Do Judges Read Statutes?, Draft, Nov. 6 (2009)
The standard view that "statutory interpretation matters" -- that different methods can "lead to" different...
Political Economy & Public Choice
Privatization, Free Riding, and Industry-Expanding Lobbying, forthcoming, International Review of Law & Economics (2009)
Critics of privatization have argued that privatization distorts the political system by giving private contractors...
Why Do Judges Read Statutes?, Draft, Nov. 6 (2009)
The standard view that "statutory interpretation matters" -- that different methods can "lead to" different...
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...
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...
Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)
Judicial Reform (with Juan Carlos Botero, Rafael La Porta, Florencio López-de-Silanes, and Andrei Shleifer), World Bank Research Observer (2003)
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...
Prisons
Privatization, Free Riding, and Industry-Expanding Lobbying, forthcoming, International Review of Law & Economics (2009)
Critics of privatization have argued that privatization distorts the political system by giving private contractors...
Prison Vouchers, Draft 5 (2009)
School vouchers have been proposed as a way of bypassing the political pathologies of school...
Cases and Materials on Privatization, Version 3.3 (2009)
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...
Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)
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...
Privatization
Privatization, Free Riding, and Industry-Expanding Lobbying, forthcoming, International Review of Law & Economics (2009)
Critics of privatization have argued that privatization distorts the political system by giving private contractors...
Prison Vouchers, Draft 5 (2009)
School vouchers have been proposed as a way of bypassing the political pathologies of school...
Cases and Materials on Privatization, Version 3.3 (2009)
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...
Privatization and the Effectiveness of Monitoring Agencies, Georgetown Law and Economics Research Paper No. 982146 (2007)
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...
Procedure
Better That Ten Guilty Men..., Beyond a Reasonable Doubt (2006)
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...
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...
Judicial Reform (with Juan Carlos Botero, Rafael La Porta, Florencio López-de-Silanes, and Andrei Shleifer), World Bank Research Observer (2003)
n guilty men, University of Pennsylvania Law Review (1997)
“Better that ten guilty persons escape, than that one innocent suffer,” said English jurist William...
Property
Property Rights and Contract Form in Medieval Europe, forthcoming, 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...
Regulation
Russia
Science
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,...