Center for Public Law and Political Economy

Center for Public Law and Political Economy

Center for Public Law and Political Economy

Center for Public Law and Political Economy

Research

We examine the microeconomics of using algorithms to nudge decision-makers towards particular social outcomes. We refer to this as "algorithmic... MORE
Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on... MORE
The recession of 2008 precipitated a political crisis that motivated an unprecedented international project to curb corporate tax dodging. This... MORE
In this article, the authors propose property tax reforms that would allow local governments to raise property tax revenue while protecting... MORE
Proving a violation of law is costly. Because of the cost, minor violations of law often go unproven and thus unpunished. To illustrate, almost... MORE
This Article uses controversy over Apple and other recent EU state-aid cases to explore a defect common to many anti-subsidy regimes that limit... MORE
Virginia's sentencing guidelines include alternative sanctions based on the use of a quantitative instrument called the Nonviolent Risk Assessment (... MORE
Police officers shoot an unarmed man or woman. The victim’s family and community cry out for someone to be held accountable. In minority communities... MORE
At sentencing, youth can be considered both a mitigating circumstance because of its association with diminished culpability and an aggravating... MORE
This paper uses a natural experiment to analyze whether incarceration during the pretrial period affects case outcomes. In Philadelphia, defendants... MORE
We argue that the high revenue triggers in proposed digital taxes — including the recent Franco-German proposal for a digital advertising tax — may... MORE
Recent years have seen a rush toward evidence-based tools in criminal justice. As part of this movement, many jurisdictions have adopted actuarial... MORE
This article describes Wayfair and provides some cautions about what it means for the U.S. states and the rest of the world, especially Europe. It... MORE
This essay makes two claims: transparency in government causes the very corruption it aims to prevent, and the problem is universal. Some scholars... MORE
With the increased politicization of agency rulemaking and the reduced cost of participating in the notice-and-comment rulemaking process,... MORE
Tax law gives relief to “illiquid” taxpayers, those with income or wealth but no cash. This relief results in revenue losses, creates opportunities... MORE
Many popular and academic commentators identify deregulation as a cause of the 2007-08 financial crisis. Some argue that the Gramm-Leach-Bliley Act... MORE
The debate among legal scholars about individuals’ failure to save enough for retirement happens on a “micro” level. It focuses on the causes and... MORE
The legal consequences of an action often depend on information that only the actor knows. This information is typically inferred from the... MORE
Working from a sample of all consumer class actions filed in the Northern District of Illinois over the period 2010-2012 (totaling 510), this paper... MORE
Last Term, a sharply divided Supreme Court decided a landmark dormant Commerce Clause case, Comptroller of the Treasury of Maryland v. Wynne. Wynne... MORE
While political science scholarship recognizes that the effectiveness of international law often rests on its domestic implementation, relatively... MORE
The issues of mass migrations, displaced persons, and refugees from war-torn countries are not new, but they have become particularly prominent and... MORE
I conduct a series of tests of peer influence in juvenile incarceration facilities motivated by three mechanisms: criminal skill transfer, the... MORE
Entrenchment is fundamental to law. Grand documents like the U.S. Constitution, and mundane ones like city and corporate charters, entrench... MORE
The Consumer Financial Protection Bureau’s Arbitration Study: Report to Congress 2015 does not support the case for ex ante regulation of mandatory... MORE
The ‘social cost of carbon’ is an economic concept that represents – in monetary net present value terms – the damages caused by the emission of a... MORE
This paper uses the history and function of the jus cogens concept in international law to demonstrate that its meaning and implication have varied... MORE
This symposium piece tackles an important issue in campaign finance: the relationship between coordinated expenditures and corruption. Only one... MORE
Government actions taken during and in the wake of the Financial Crisis of 2008 have generated lawsuits that, somewhat unexpectedly, have made... MORE
Philadelphia has a complex and antiquated tax system that has long been criticized for driving employers and jobs away from Philadelphia by making it... MORE
The mortgage default decision is part of a complex household credit management problem. We examine how factors affecting mortgage default spill... MORE
Describing the justices of the Supreme Court as ‘liberals’ and ‘conservatives’ has become so standard — and the left-right division on the Court is... MORE
The system of residential mortgage contact regulation enacted by the 2010 Dodd Frank Wall Street Reform and Consumer Protection Act of 2010 has been... MORE
In their essay, "The Influence of History on States’ Compliance with Human Rights Obligations," Adam Chilton and Eric Posner conclude that modern... MORE
This paper presents the results of a quantitative analysis of writing style for the entire corpus of U.S. Supreme Court decisions. The basis for this... MORE
Under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality... MORE
This paper treats the design of judicial mechanisms (international courts, domestic courts, arbitral tribunals and the like) as variables that are... MORE
In their contributions to this panel, Professor Heriot and Professor Epstein advance a decidedly anti-regulatory thesis. They argue that U.S.... MORE
People are often ignorant about the legal rules that govern the most common transactions in their lives. This article analyzes one common regulatory... MORE
Highly publicized incidents in which people with apparent mental illnesses use guns to victimize strangers have important implications for public... MORE
The intimate, and often underappreciated, relationship between political parties, the presidency, and the administrative state has profound... MORE
Disclosure laws require individuals and organizations that spend money on political speech to make public their identities. The Supreme Court and... MORE
Despite Congress’s important role in upholding U.S. international law obligations, the relevant existing literature largely ignores the branch.... MORE
Voter ID laws have provoked a fierce controversy in politics and public law. Supporters claim that such laws deter fraudulent votes and protect the... MORE
The enforcement of tax laws affects the distribution of tax burdens. Many tax enforcement regimes incorporate taxpayer-initiated administrative... MORE
I report evidence from New York City that property assessment caps on small residential properties represent a significant tax benefit that accrues... MORE
The presidential mandate that agency rulemakings be subjected to cost-benefit analysis and regulatory review is one of the most controversial... MORE
Judicial independence is a cornerstone of American constitutionalism. It empowers judges to check the other branches of government and resolve... MORE
Judges claim to resolve ambiguities in initiatives by identifying and giving force to “voter intent,” but scholars reject that on the ground that... MORE
I want to use the occasion of the Morrison decision to consider the interests that produce extraterritorial regulation by the United States.... MORE
The U.S. Sentencing Guidelines restrict judicial discretion in part to reduce unwarranted racial disparities. However, judicial discretion may also... MORE
Conventional wisdom, embraced by judges and scholars alike, holds that mandatory disclosure chills political speech. That must be right for some... MORE
We study whether changes to standards of review affect district court sentencing decisions under the United States Sentencing Guidelines.... MORE
This paper develops a “consensus voting” model for estimating preferences of judges on federal circuit courts. Rather than assuming sincere voting... MORE
This paper briefly assesses defenses of the law of liquidated damages based on experimental evidence adduced by behavioral law and economics (BLE).... MORE
This essay responds to comments on our earlier paper discussing the American Sociological Association’s amicus brief in the Wal-Mart v. Dukes case.... MORE
The authors reanalyzed data from a set of studies — J. D. Heider and J.J. Skowronski (2007) — that explored links between the race IAT and... MORE
Empirical studies have examined the effects of law and politics on judicial decision-making, but many legal scholars are dissatisfied with how... MORE
In this Essay, we take the publication of the seventh edition of the casebook Social Science in Law (2010) as an opportunity to reflect on... MORE
Objective: This study examined interventions used by colleges to respond to students who appear to be experiencing mental health crises.  ... MORE
Despite the widespread media focus on business outsourcing transactions, we only have a limited understanding of how firms actually select a... MORE
Much of the interest in empirical studies of judges lies in the comparison of actual to ideal behavior to reach conclusions about judicial competence... MORE
This paper reviews Direct Democracy and the Courts by Ken Miller.   Voters in many states use ballot propositions to enact laws on everything... MORE
Citizens in many states use direct democracy to make laws on everything from soda bottles and horsemeat to affirmative action and same-sex marriage... MORE
Scholars have for decades sought to measure judicial ideology and its impact on judicial behavior. However, they have not always taken care to... MORE
This paper examines conflicting ballot proposals - two or more measures that run contrary to one another and that citizens vote on in the same... MORE
Governments often deliver social welfare benefits through “tax expenditures,” provisions of the tax code (such as home mortgage deductions) designed... MORE
Two experiments find that support for civil commitment procedures for sexually violent predators is based primarily upon the retributive rather than... MORE
This Article conducts an empirical experiment to shed light on a simply stated, but vexing, question in contract law: What is the optimal precision... MORE
Despite generating thousands of cases on important public issues, the single subject rule remains a source of uncertainty and inconsistency. The root... MORE
The Court's docket last Term included five cases directly presenting questions of international law. Republic of Austria v. Altmann raised issues of... MORE
This paper assesses the impact of judicial independence on equity markets. North and Weingast (1989) argue that judicial independence and other... MORE
Legal academics and international-relations scholars have recently undertaken a great deal of interdisciplinary work on the interaction of... MORE
In drawing on the theory of repeated games, norms scholars have devoted much attention to the so-called third-party enforcement problem: the... MORE
Support for land preservation is in large part rooted in the conviction that present generations have an obligation to benefit future generations by... MORE
In this Article, we highlight for the first time some of the significant but hitherto unrecognized behavioral effects of copyright law on individuals... MORE
A President who chooses to seek legislative approval of a treaty risks delay, textual modification, and even outright defeat. Neither the... MORE
A lively debate has raged in recent years about how to regulate employment reference practices. According to the conventional account, employers... MORE
Dozens of jurisdictions across the country are engaging in bail reform, but there are concerns that reducing monetary incentives will increase... MORE
We evaluate the impacts of adopting algorithmic predictions of future offending (risk assessments) as an aid to judicial discretion in felony... MORE
States negotiate over the specific terms of multilateral treaties because those terms determine states' willingness to ratify the treaty. A state... MORE
Mainstream policy discussions take as given that the United States will and must pay its debts in full and on time, and that restructuring is legally... MORE