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 continuities and changes that have occurred in the application of social science research to American law over the past quarter-century. We structure these reflections by comparing and contrasting the original edition of the book with the current one. When the first edition appeared, courts’ reliance on social science was often confused and always contested. Now, courts’ reliance on social science is so common as to be unremarkable. What has changed - sometimes radically - are the substantive legal questions on which social science has been brought to bear.
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...
This article discusses the links between climate and debt sustainability by focusing on how climate mitigation and adaptation are paid for, and who...
Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can create...
I’m writing about a book of mine that may be of interest to the election law community. The title is Public Law and Economics, my coauthor is Robert...
This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching in...
Human rights discourse has become central to the global debates about treatment of and solutions for refugees and displaced persons. Following the...
Unnoticed in the literature on sovereign bonds, an innovation has been taking place over the past decade and a half. Starting with a single issuance...
We evaluate the impacts of adopting algorithmic risk assessments as an aid to judicial discretion in felony sentencing. We find that judges' decisions...
We analyze the price effect of the introduction of Collective Action Clauses (CACs) in newly issued sovereign bonds of Eurozone countries as of...
In days of yore when men fought in sailing ships, a naval captain could only signal his intention to surrender his vessel by ‘striking the colours’...
The economic harm being caused by the novel coronavirus may soon result in multiple sovereign debtors moving into default territory. But the...
All sovereign debt restructurings risk undershooting (providing less debt relief than is needed to restore the country to long-term sustainability)...
In 2016, its economy in shambles and looking to defer payment on its debts, the Venezuelan government of Nicolás Maduro proposed a multi-billion...
The recession of 2008 precipitated a political crisis that motivated an unprecedented international project to curb corporate tax dodging. This...
Countries with large debts stocks are vulnerable to the vagaries of the markets. Confidence crises can arise out of nowhere, constricting access to...