Administrative Law
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...
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...
Why Do Judges Read Statutes?, Draft, January 21 (2010)
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)
The privatization literature depicts the choice whether to contract out as a tradeoff between excessive...
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
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...
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...
Why Do Judges Read Statutes?, Draft, January 21 (2010)
The standard view that "statutory interpretation matters" -- that different methods can "lead to" different...
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...
Externalities, Encyclopedia of Libertarianism (2008)
Entry on "externalities" for the Encyclopedia of Libertarianism.
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...
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...
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
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...
Prison Vouchers, University of Pennsylvania Law Review (2011)
School vouchers have been proposed as a way to bypass the political pathologies of school...
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...
Cases and Materials on Privatization, Version 3.3 (2009)
These are the materials for my course on privatization, and the draft for an eventual...
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)
The privatization literature depicts the choice whether to contract out as a tradeoff between excessive...
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
Prison Vouchers, University of Pennsylvania Law Review (2011)
School vouchers have been proposed as a way to bypass the political pathologies of school...
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...
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...
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...
Cases and Materials on Privatization, Version 3.3 (2009)
These are the materials for my course on privatization, and the draft for an eventual...
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)
Entry on "externalities" for the Encyclopedia of Libertarianism.
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...
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)
A review of the evidence on judicial reform across countries shows that those seeking to...
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)
Response to the Harvard Law Record column by Cliff Ginn available at http://www.hlrecord.org/news/341145.html.
Political Economy & Public Choice
Prison Vouchers, University of Pennsylvania Law Review (2011)
School vouchers have been proposed as a way to bypass the political pathologies of school...
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...
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...
Why Do Judges Read Statutes?, Draft, January 21 (2010)
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)
The privatization literature depicts the choice whether to contract out as a tradeoff between excessive...
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...
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...
Legal History
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...
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
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...
Prison Vouchers, University of Pennsylvania Law Review (2011)
School vouchers have been proposed as a way to bypass the political pathologies of school...
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...
Cases and Materials on Privatization, Version 3.3 (2009)
These are the materials for my course on privatization, and the draft for an eventual...
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)
The privatization literature depicts the choice whether to contract out as a tradeoff between excessive...
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...
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,...
Environmental Law & Policy
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...
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)
Abridgment of the law review article "n guilty men," 146 U. Pa. L. Rev. 173...
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...
Procedure
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...
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)
A review of the evidence on judicial reform across countries shows that those seeking to...
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
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
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
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...
Education
Cases and Materials on Privatization, Version 3.3 (2009)
These are the materials for my course on privatization, and the draft for an eventual...
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...
Russia
Legislation
Why Do Judges Read Statutes?, Draft, January 21 (2010)
The standard view that "statutory interpretation matters" -- that different methods can "lead to" different...
Regulation
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...
Religion
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
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,...