Recent csls_fwp items

The Return of the Medical Model: Disease and the Meaning of Imprisonment from John Howard to Brown v. Plata

Mon, 17 Jun 2013 00:00:00 +0000

The Return of the Medical Model: Disease and the Meaning of Imprisonment from John Howard to Brown v. Plata

Trademark and Copyright Enforcement in the Shadow of IP Law

Fri, 3 Feb 2012 00:00:00 +0000

Trademark and Copyright Enforcement in the Shadow of IP Law

New arcana imperii

Tue, 7 Dec 2010 00:00:00 +0000

New arcana imperii

Executions, Deterrence, and Homicide: A Tale of Two Cities

Wed, 2 Sep 2009 00:00:00 +0000

Executions, Deterrence, and Homicide: A Tale of Two Cities

The Future of Financial Regulation: Enhancing Integrity Through Design

Tue, 4 Aug 2009 00:00:00 +0000

The Future of Financial Regulation: Enhancing Integrity Through Design

No Rationale for the Law of Homicide, How Governing Through Crime Has Devolved the Law of Homicide and Locked in Hyper-Punishment

Fri, 26 Jun 2009 00:00:00 +0000

No Rationale for the Law of Homicide, How Governing Through Crime Has Devolved the Law of Homicide and Locked in Hyper-Punishment

Slouching Toward Abolition: the American Capital Punishment Debate and the Economic Crisis

Thu, 25 Jun 2009 00:00:00 +0000

Slouching Toward Abolition: the American Capital Punishment Debate and the Economic Crisis

Designing Justice: Legal Institutions and Other Systems for Managing Conflict

Wed, 18 Mar 2009 00:00:00 +0000

Designing Justice: Legal Institutions and Other Systems for Managing Conflict

Current Empirical Premises of the Disclosure of the Secrets of Property Law: A Foundation and a Guideline for Future Research

Tue, 10 Feb 2009 00:00:00 +0000

Current Empirical Premises of the Disclosure of the Secrets of Property Law: A Foundation and a Guideline for Future Research

From Benefit Sharing to Power Sharing: Partnership Governance in Population Genomics Research

Fri, 3 Oct 2008 00:00:00 +0000

Translating knowledge of the genome into clinical applications will require the construction of large searchable repositories of phenotypic and genotypic information. These collections of DNA and biological information call for the sustained involvement of large numbers of research participants, and raise a host of difficult legal and ethical issues. Historically, the commercial value of medical records, bioinformation, and gene patents emerged after the regulatory structures of bioethics came into place. For some bioethicists and policy-makers, the norm of ‘benefit sharing’ has become a necessary corrective for a system seen to facilitate the appropriation of a valuable resource from research participants.

While benefit sharing should be applauded insofar as it attempts to submit relations of biocapital to new claims of distributive justice, the project is likely to fail both as a normative and practical matter without greater attention to issues of procedural justice:...

The Political Development of Job Discrimination Ligitation, 1963-1976

Wed, 1 Oct 2008 00:00:00 +0000

The Political Development of Job Discrimination Ligitation, 1963-1976

Compliance Costs, Regulation, and Environmental Performance: Controlling Truck Emissions in the United States

Wed, 30 Jul 2008 00:00:00 +0000

Compliance Costs, Regulation, and Environmental Performance: Controlling Truck Emissions in the United States

Collaborative Governance: Emerging Practices and the Incomplete Legal Framework for Citizen Stakeholder Voice

Wed, 23 Jul 2008 00:00:00 +0000

Collaborative Governance: Emerging Practices and the Incomplete Legal Framework for Citizen Stakeholder Voice

Perfect Execution: Abolitionism and the Paradox of Lethal Injection

Thu, 22 May 2008 00:00:00 +0000

Perfect Execution: Abolitionism and the Paradox of Lethal Injection

Do Citizens Accurately Perceive Marijuana Sanction Risks? A Test of a Critial Assumption in Deterrence Theory and the Decriminalization Debate

Fri, 18 Apr 2008 00:00:00 +0000

Do Citizens Accurately Perceive Marijuana Sanction Risks? A Test of a Critial Assumption in Deterrence Theory and the Decriminalization Debate

Intellectual Property

Mon, 24 Mar 2008 00:00:00 +0000

Intellectual Property

Drug Use and Drug Policy in a Prohibition Regime

Thu, 6 Mar 2008 00:00:00 +0000

Drug Use and Drug Policy in a Prohibition Regime

Katz at Forty: A Sociological Jurisprudence Whose Time Has Come

Thu, 6 Mar 2008 00:00:00 +0000

Katz at Forty: A Sociological Jurisprudence Whose Time Has Come

From the Social Contract to a Social Contract Law: Forms and Functions of Administrative Contracts in a Fragmented Society – a Continental View

Tue, 26 Feb 2008 00:00:00 +0000

From the Social Contract to a Social Contract Law: Forms and Functions of Administrative Contracts in a Fragmented Society – a Continental View

Private Litigation, Separation of Powers, and the Struggle Over Job Discrimination Enforcement, 1981-1991

Wed, 20 Feb 2008 00:00:00 +0000

Private Litigation, Separation of Powers, and the Struggle Over Job Discrimination Enforcement, 1981-1991

More than One Mother: Determining Maternity for the Biological Child of a Female Same-Sex Couple - The Israeli View

Fri, 14 Dec 2007 00:00:00 +0000

More than One Mother: Determining Maternity for the Biological Child of a Female Same-Sex Couple - The Israeli View

The Mobilization and Diffusion of Rights: Organizational Responses to Accessibility Laws at the Community Level

Fri, 14 Dec 2007 00:00:00 +0000

The Mobilization and Diffusion of Rights: Organizational Responses to Accessibility Laws at the Community Level

Public Regulation and Private Lawsuits in the American Separation of Powers System

Wed, 19 Sep 2007 00:00:00 +0000

Public Regulation and Private Lawsuits in the American Separation of Powers System

Distinguishing Spurious and Real Peer Effects: Evidence from Artificial Societies, Small-Group Experiments, and Real Schoolyards

Wed, 19 Sep 2007 00:00:00 +0000

Distinguishing Spurious and Real Peer Effects: Evidence from Artificial Societies, Small-Group Experiments, and Real Schoolyards

Congressional Mobilization of Private Litigants: Evidence from the Civil Rights Act of 1991

Wed, 19 Sep 2007 00:00:00 +0000

Congressional Mobilization of Private Litigants: Evidence from the Civil Rights Act of 1991

The Persistence of Economic Factors in Shaping Regulation and Environmental Performance: The Limits of Regulation and Social License Pressures

Wed, 12 Sep 2007 00:00:00 +0000

The Persistence of Economic Factors in Shaping Regulation and Environmental Performance: The Limits of Regulation and Social License Pressures

Enabling Stem Cell Research and Development

Wed, 9 May 2007 00:00:00 +0000

Enabling Stem Cell Research and Development

Recovering the Craft of Policing: Wrongful Convictions, the War on Crime, and the Problem of Security

Mon, 30 Apr 2007 00:00:00 +0000

Recovering the Craft of Policing: Wrongful Convictions, the War on Crime, and the Problem of Security

Testing Drugs Versus Testing For Drug Use: Private Risk Management in the Shadow of the Criminal Law

Thu, 29 Mar 2007 00:00:00 +0000

Testing Drugs Versus Testing For Drug Use: Private Risk Management in the Shadow of the Criminal Law

The Procedural Attack on Civil Rights: The Empirical Reality of Buckhannon for the Private Attorney General

Tue, 14 Nov 2006 00:00:00 +0000

The Procedural Attack on Civil Rights: The Empirical Reality of Buckhannon for the Private Attorney General

Owning Form, Sharing Content: Natural-Right Copyright and Digital Environment

Mon, 25 Sep 2006 00:00:00 +0000

Owning Form, Sharing Content: Natural-Right Copyright and Digital Environment

Regulating with Carrots, Regulating with Sticks

Mon, 25 Sep 2006 00:00:00 +0000

Regulating with Carrots, Regulating with Sticks

The Relativity of Judgment as a Challenge for Behavioral Law and Economics

Thu, 22 Jun 2006 00:00:00 +0000

The Relativity of Judgment as a Challenge for Behavioral Law and Economics

Sixth Graders in Middle School Behave Worse than Sixth Graders in Elementary School

Thu, 22 Jun 2006 00:00:00 +0000

Sixth Graders in Middle School Behave Worse than Sixth Graders in Elementary School

Calibration Trumps Confidence as a Basis for Witness Credibility

Wed, 14 Jun 2006 00:00:00 +0000

Calibration Trumps Confidence as a Basis for Witness Credibility

Regulation of Hybrid Networks at the Intersection between Governmental Administration and Economic Self-Organisation

Wed, 14 Jun 2006 00:00:00 +0000

Regulation of Hybrid Networks at the Intersection between Governmental Administration and Economic Self-Organisation

Rewarding Creativity

Thu, 6 Apr 2006 00:00:00 +0000

Rewarding Creativity

The Organization of Administrative Justice Systems:

Thu, 6 Apr 2006 00:00:00 +0000

The Organization of Administrative Justice Systems:

Repression and Denial in Criminal Lawyering

Mon, 27 Mar 2006 00:00:00 +0000

Repression and Denial in Criminal Lawyering

American and European Ways of Law: Six Entrenched Differences

Thu, 16 Feb 2006 00:00:00 +0000

American and European Ways of Law: Six Entrenched Differences

Intellectual Capital and Voting Booth Bioethics: A Contemporary Historical Critique

Thu, 15 Sep 2005 00:00:00 +0000

Intellectual Capital and Voting Booth Bioethics: A Contemporary Historical Critique

Criminal Responsibility and the Proof of Guilt

Wed, 8 Jun 2005 00:00:00 +0000

Criminal Responsibility and the Proof of Guilt

The Phenomenon in the United States Juvenile Justice System of Blending Protective Sentencing and Criminal Sentencing, and The Issue of Stiffer Penalties in the Japanese Juvenile Justice System

Fri, 27 May 2005 00:00:00 +0000

The Phenomenon in the United States Juvenile Justice System of Blending Protective Sentencing and Criminal Sentencing, and The Issue of Stiffer Penalties in the Japanese Juvenile Justice System

Media Reporting of Jury Verdicts: Is the Tail (of the Distribution) Wagging the Dog?

Wed, 25 May 2005 00:00:00 +0000

Media Reporting of Jury Verdicts: Is the Tail (of the Distribution) Wagging the Dog?

Antigone's Law

Thu, 5 May 2005 00:00:00 +0000

Antigone's Law

Voice, Control, and Belonging: The Double-Edged Sword of Procedural Fairness

Thu, 5 May 2005 00:00:00 +0000

Voice, Control, and Belonging: The Double-Edged Sword of Procedural Fairness

We Insist! Freedom Now: Does Contract Doctrine Have Anything Constitutional to Say?

Mon, 18 Apr 2005 00:00:00 +0000

We Insist! Freedom Now: Does Contract Doctrine Have Anything Constitutional to Say?

Reconsideration of Japan’s Revised Juvenile Act, and Considerations Regarding Juvenile Justice Reform

Thu, 6 Jan 2005 00:00:00 +0000

Reconsideration of Japan’s Revised Juvenile Act, and Considerations Regarding Juvenile Justice Reform

L'Incomplete Reforme par le Droit (Incomplete Reform Through Law)

Thu, 14 Oct 2004 00:00:00 +0000

L'Incomplete Reforme par le Droit (Incomplete Reform Through Law)

What Does It Mean to Decriminalize Marijuana? A Cross-National Empirical Examination

Fri, 10 Sep 2004 00:00:00 +0000

What Does It Mean to Decriminalize Marijuana? A Cross-National Empirical Examination

Legislation in a Common Law Context

Wed, 25 Aug 2004 00:00:00 +0000

Legislation in a Common Law Context

General Deterrence and Corporate Environmental Behavior

Wed, 25 Aug 2004 00:00:00 +0000

General Deterrence and Corporate Environmental Behavior

Motivating Management: Corporate Compliance in Environmental Protection

Wed, 25 Aug 2004 00:00:00 +0000

Motivating Management: Corporate Compliance in Environmental Protection

Fudging Failure: The Economic Analysis Used to Construct Child Support Guidelines

Wed, 26 May 2004 00:00:00 +0000

Fudging Failure: The Economic Analysis Used to Construct Child Support Guidelines

The Difference Uniforms Make: Understanding the Regulation of Collective Violence in Criminal Law and the Law of War

Tue, 23 Mar 2004 00:00:00 +0000

The Difference Uniforms Make: Understanding the Regulation of Collective Violence in Criminal Law and the Law of War

Conflicts of Interest in Public Policy Research

Tue, 23 Mar 2004 00:00:00 +0000

In this essay, I discuss the difficulty of sustaining an inquisitorial system of policy research and analysis when it is embedded in a broader adversarial political setting. Conflicts of interest in public policy research exist on a continuum from blatant pecuniary bias to more subtle ideological bias. Because these biases are only partially susceptible to correction through individual effort and existing institutional practices (peer review, replication), I consider whether a more explicitly adversarial system might be preferable to the awkward hybrid that exists today. But there are important disanalogies between policy-relevant empirical debates and the kinds of conflicts we address with our adversarial legal system. If we are stuck with a muddled inquisitorial-adversarial hybrid, we need to encourage norms of “heterogeneous inquisitorialism,” in which investigators strive for within-study hypothesis competition and greater clarity about roles, facts, and values.

The Dragon As Demon: Images Of China On Capitol Hill

Thu, 4 Mar 2004 00:00:00 +0000

The Dragon As Demon: Images Of China On Capitol Hill

Justice in Reparations: The cost of memory and the value of talk

Mon, 1 Mar 2004 00:00:00 +0000

Justice in Reparations: The cost of memory and the value of talk

The Donation Registry

Tue, 24 Feb 2004 00:00:00 +0000

To redistribute income, charitable giving must supplement progressive taxes. One person can sometimes observe another’s donations to specific charities, but one person cannot observe another’s total donations to all charities. Consequently, people do not have enough information to know whether each person is doing his fair share of charitable giving. In these circumstances, the social norm concerning how much people ought to give remains inchoate and redistribution is deficient. To remedy this problem, I propose various means to publicize donations, ultimately leading to a donation registry.

The Rule of Law and the European Human Rights Regime

Mon, 28 Jul 2003 00:00:00 +0000

The Rule of Law and the European Human Rights Regime

The Promotion of Access to and Protection of National Security Information in South Africa

Tue, 1 Jul 2003 00:00:00 +0000

The Promotion of Access to and Protection of National Security Information in South Africa

Legitimating Official Brutality: Can the War against Terror Justify Torture?

Tue, 24 Jun 2003 00:00:00 +0000

Legitimating Official Brutality: Can the War against Terror Justify Torture?

Symbolism and Incommensurability in Civil Sanctioning: Decision Makers as Goal Managers

Wed, 2 Apr 2003 00:00:00 +0000

Symbolism and Incommensurability in Civil Sanctioning: Decision Makers as Goal Managers

Is the Addiction Concept Useful for Drug Policy?

Mon, 27 Jan 2003 00:00:00 +0000

Is the Addiction Concept Useful for Drug Policy?

Limited Rationality and the Limits of Supply Reduction

Mon, 27 Jan 2003 00:00:00 +0000

Drug markets have been targeted for increasingly tough enforcement yet retail prices for cocaine and heroin fell by 70-80%. No research has explained adequately why prices have fallen. This paper explores the possibility that part of the explanation may lie in the failure of drug dealers to respond to risks the way the simplest rational actor models might predict.

Who Gets On Top in Democracy? Elections as Filters

Wed, 22 Jan 2003 00:00:00 +0000

Economic models of politics usually assume that all politicians maximize their narrow self-interest, so the constitution and other laws should be designed to constrain the worst people. In contrast, I assume that different politicians have different traits of character, so the constitution and other laws should be designed to promote the best and demote the worst. Successful filtering of politicians partly determines whether a country enjoys good or bad government. In my model, each election serves as a filter, so, up to a point, more elections filter better. Countries that suffer bad government do so partly because politicians face too few elections for the citizens to identify the worst characters and remove them from office. These countries, however, should not necessarily shorten the term of office in order to have more frequent elections. Rather, these countries should reduce the depth of administration and create a federal structure with more elected governments....

Historical and Social Science Studies In Relation To the Law Curriculum: The American Experience - and the JSP Program at the University of California, Berkeley

Wed, 22 Jan 2003 00:00:00 +0000

Historical and Social Science Studies In Relation To the Law Curriculum: The American Experience - and the JSP Program at the University of California, Berkeley

Some Well-Aged Wines for the "New Norms" Bottles: Implications of Social Psychology for Law and Economics

Wed, 22 Jan 2003 00:00:00 +0000

In the last decade, the study of social norms has become a major focus of theory and research in law and economics. Surprisingly, this "new norms" literature has almost completely ignored decades of systematic theory, experimentation, and field research on normative processes by social psychologists. We demonstrate that there are multiple mechanisms by which normative influence operates, each with its own principles and consequences. We also identify a host of situational and dispositional (individual-difference) moderators that either attenuate or amplify the effects of normative influence sources. Finally, we show that the internalization process is much less mysterious than some have suggested; it can occur through any of several well-studied processes. By taking these theoretical distinctions and moderators into account, the new norms literature will necessarily become more complex, but not necessarily chaotic or incoherent. Because these complexities are facts of social...

Law In Context, Fidelity to Context

Thu, 9 Jan 2003 00:00:00 +0000

Law In Context, Fidelity to Context

The Mixed Constitution and the Common Law

Thu, 9 Jan 2003 00:00:00 +0000

The Mixed Constitution and the Common Law

Social License and Environment Protection: Why Businesses Go Beyond Compliance

Tue, 7 Jan 2003 00:00:00 +0000

Social License and Environment Protection: Why Businesses Go Beyond Compliance