Legal Theory Blog
Spencer Weber Waller (Loyola University Chicago School of Law) has posted Institutions and Incentives in Antitrust Enforcement on SSRN. Here is the abstract: The United States Supreme Court has decided in a number of cases how Section One 1 of the Sherman Act should apply to agreements that potentially harm competition. In recent key cases, the Court...
Avraham D. Tabbach (Tel Aviv University) & Alon Cohen (The Open University of Israel) have posted The Irrelevance of Legal Uncertainty on SSRN. Her is the abstract: Conventional wisdom asserts that legal uncertainty in the determination of liability distorts the incentives of injurers to take care. Mild (severe) legal uncertainty induces injurers...
Introduction It used to be the case that an endless investigation of the difference between holding and dictum was a central preoccupation of the first year of law school. Nowadays, depending on which law school you attend and which set of instructors you are assigned, it is perfectly conceivable that you might make it all the way to your second year,...
The Legal Theory Bookworm recommends Fearless Speech: Breaking Free from the First Amendment by Mary Anne Franks. Here is a description: A powerful debunking of First Amendment orthodoxy that critiques "reckless speech," which endangers vulnerable groups, and elevates "fearless speech," which seeks to advance equality and democracy. Freedom of speech...
The Download of the Week is SUPER-CANONS by William N. Eskridge. Here is the abstract: Since 2017, the Roberts Court has created a new public law regime justified by updated constitutional doctrines and new statutory clear statement rules. The new regime is paring back the authority of expert agencies to implement their delegated responsibilities,...
Barbara Zabawa (University of Missouri at Kansas City - School of Law) has posted Defining the Field of Wellness Law on SSRN. Here is the abstract: Some lawyers practice "wellness law" without knowing what it is and how it di:ers from more recognized fields of practice such as health law, public health law, and medical malpractice. This article defines...