Must Laws Be Motivated by Public Reason?

Environmental groups and their allies have seen two of the bedrock statutes of modern environmental law (Clean Air Act, Clean Water Act) eroded...

There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

Over the past twenty-five years, Congress has enacted several major reforms for employer-sponsored retirement plans and individual retirement accounts...

Over the last thirty years, almost every time I stepped out of my narrow academic path to do something that, I hoped, was for the greater public good...

This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching in...

Commentators have made much sport, here and elsewhere, of evaluating recent proposed antitrust reforms for their likely economic effects. As...

In the wake of the recent tragic shootings at the University of Virginia, Club Q in Colorado Springs, and a Virginia Walmart, the same questions have...

Last month, the U.S. Supreme Court heard oral arguments in a case that could prove pivotal to the future of regulation and interstate commerce in the...

Insurance is an enormously powerful and beneficial method of spreading risk and compensating for loss. But even insurance has its limits. A new and...

In October 2022, the U.S. Supreme Court heard oral argument in National Pork Producers Council v. Ross, a Ninth Circuit case out of California...

In the United States the primary tool to value greenhouse gas emissions reductions in cost-benefit analysis is the social cost of carbon (SCC), which...

In Common Cause v. Rucho, the Supreme Court initiated an era of redistricting without restraint. The Court opened the door to state legislatures to...

We explore how adding pro-social preferences to the canonical precaution model of accidents changes either the efficient damages rule or the harm from...

On Janu­ary 6, 2021, men and women, some of them armed, stormed the U.S. Capitol to try to undo a fair and legit­im­ate pres­id­en­tial elec­tion. For...

In the internet’s earliest days, all we saw was its promise. The nascent technology was celebrated for its ability to connect strangers and to ease...

Intimate life is under constant surveillance. Firms track people’s periods, hot flashes, abortions, sexual assaults, sex toy use, sexual fantasies...

Many states offer their citizens protections, benefits, and services that go well beyond those of federal law, ranging from consumer protection...

Many federal agencies conduct adjudicative proceedings and permit claimants or parties to those proceedings to be represented by attorney or non...