Aggregation and Law
122 Yale L.J. 2 (2012).If a plaintiff brings two claims, each with a 0.4 probability of being valid, the plaintiff will usually lose, even if the claims are based on independent events, and thus the...
View ArticleA Decision Theory of Statutory Interpretation: Legislative History by the Rules
122 Yale L.J. 70 (2012). We have a law of civil procedure, criminal procedure, and administrative procedure, but we have no law of legislative procedure. This failure has serious consequences in the...
View ArticleHow Much Difference Does the Lawyer Make? The Effect of Defense Counsel on...
122 Yale L.J. 154 (2012). One in five indigent murder defendants in Philadelphia is randomly assigned representation by public defenders while the remainder receive court-appointed private attorneys....
View ArticleThe Artist as Brand: Toward a Trademark Conception of Moral Rights
122 Yale L.J. 218 (2012).The Visual Artists Rights Act of 1990 (VARA) controversially recognized artists’ “moral rights” by protecting their work from alteration or destruction and by preventing the...
View ArticleSales Tax Not Included: Designing Commodity Taxes for Inattentive Consumers
122 Yale L.J. 258 (2012).A spate of new research suggests that the salience of a tax dramatically shapes taxpayer behavior: the more salient a tax—i.e., the more prominent a good’s after-tax price—the...
View ArticleIntersystemic Statutory Interpretation in Transnational Litigation
122 Yale L.J. 303 (2012).
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