Courts and commentators have long understood dormant Commerce Clause doctrine to contain two types of cases: discrimination and undue burdens. This... MORE
This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching... MORE
How dangerous must a person be to justify the state in locking her up for the greater good? The bail reform movement, which aspires to limit pretrial... MORE
My colleague Philip Zelikow has written a thoughtful response to my recent post on this site. I endorse much of what he says. In that post, I had... MORE
The Biden administration wants to sell off the yachts, homes and other luxury assets it has seized from Russian oligarchs and use those proceeds to... MORE
People sometimes want to harm other people. This truism points to a blind spot in law and economics scholarship, which generally assumes that people... MORE
The sale of organs and gametes, the use of commercial surrogates, and trade in blood and plasma are examples of what have been termed "contested... MORE
As China reformed its economy during the past 44 years, it experienced the fastest sustained expansion by a major economy in history, with an annual... MORE
The first part of this chapter describes the rise of transborder antibribery law in this century against the background of its twentieth century... MORE
Shareholder derivative litigation is often critiqued as costly to firms Special litigation committees have been devised as a means to dismiss low-... MORE
Several US states ban employers’ use of credit reports in hiring decisions. This paper evaluates whether these bans help financially distressed... MORE
When individuals are arrested or indicted for a crime, governments have legitimate interests in assuring that those individuals show up for future... MORE
In this essay, we review criticisms of both the concept of international tax arbitrage and regulatory responses meant to reduce such arbitrage. We... MORE
We explore how adding pro-social preferences to the canonical precaution model of accidents changes either the efficient damages rule or the harm... MORE
This paper, published as Chapter 16 in Johnston, Climate Rationality (CUP 2021), explains how the U.S. government has derived its estimates of the... MORE
