Privacy Torts: Unreliable Remedies for LGBT Plaintiffs

Lesbian, gay, bisexual and transgender Americans have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appeal to the right to privacy. In the constitutional arena they have experienced noteworthy success, winning rights to same-sex intimacy and, in some states, marriage. Several authors have argued that the privacy tort is […]

Bentham on Stilts: The Bare Relevance of Subjectivity to Retributive Justice

In recent work, various scholars have challenged retributive justice theorists to pay more attention to the subjective experience of punishment, specifically how punishment affects the experiences and well-being of offenders. The claim developed by these “subjectivists” is that because people’s experiences with pain and suffering differ, both inter-temporally and inter-subjectively, their punishments will accordingly have […]

The Inevitability of Theory

I wrote this Article in response to an invitation to deliver the keynote address at Berkeley Law School’s Jurisprudence and Social Policy conference Building Theory Through Empirical Legal Studies. Lauren Edelman, the intellectual mother of the conference, gently brushed aside my suggestion that I present one of my own attempts to synthesize the results of […]

How Not to Lie with Judicial Votes: Misconceptions, Measurement, and Models

Rapid advances in the statistical measurement of judicial behavior have provided concise, meaningful, and intuitive summaries of differences between judges based on votes. Yet such scores remain poorly understood, widely misinterpreted, and commonly misused. We provide a guide for how to interpret such measures, clarify major misconceptions, and argue that extant scores are merely a […]

Preventing State Budget Crises: Managing the Fiscal Volatility Problem

Forty-nine of the U.S. states have balanced budget requirements, and every state acts as though bound by such constraints. These constraints create fiscal volatility ““ the states must either cut spending or raise taxes during economic downturns, while doing the opposite during upturns. This paper discusses how states should cope with fiscal volatility on both […]

Compensating for Executive Compensation: The Case for Gatekeeper Incentive Pay

Financial markets are in crisis again and quite certainly on their way to an added layer of regulation. Only a few years ago, at the start of the twenty-first century, a massive wave of corporate fraud revealed the failure of corporate gatekeepers. The Sarbanes-Oxley legislation accordingly targeted gatekeepers, primarily auditors, with strict regulation and enhanced […]

Post-American Securities Regulation

International securities regulation has arrived at the forefront of the country’s debate on financial market reform. The global economic crisis has exposed the enormous systemic risk that can arise where securities are sold across borders. Meanwhile, the Bernie Madoff and Allen Stanford frauds have illustrated the international reach of swindlers and conmen. Consequently, policymakers have […]