Bayesian Fact-Finding and Efficiency: Toward an Economic Theory of Liability under Uncertainty

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

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 chapter looks to the role of the market as a mediating institution in the culture wars that so polarize American society. Rather than seeing...

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...

States negotiate over the specific terms of multilateral treaties because those terms determine states’ willingness to ratify the treaty. In some...

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’...

In 2016, its economy in shambles and looking to defer payment on its debts, the Venezuelan government of Nicolás Maduro proposed a multi-billion...