Richard A. Epstein
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View article: Nudges, preferences and competences: a critique of both neoclassical and behavioral economics
Nudges, preferences and competences: a critique of both neoclassical and behavioral economics Open
For all their differences, the two rival theories of human behavior have many unfortunate similarities. Standard rational choice theory posits that individuals use rational techniques to pick ends that meet their set of private preferences…
View article: Risk factors for child abuse and neglect: Systematic review and meta-analysis
Risk factors for child abuse and neglect: Systematic review and meta-analysis Open
Findings underscore the importance of addressing identified risk factors at multiple levels, with implications for practice, policy, and future research to refine prevention strategies and promote child well-being.
View article: Reporting of Child Maltreatment During the COVID-19 Pandemic in a Southern State in the United States
Reporting of Child Maltreatment During the COVID-19 Pandemic in a Southern State in the United States Open
Objectives: COVID-19–related stay-at-home orders (SAHOs) created an immediate physical barrier between children and professionals such as pediatricians and teachers, who are often first to identify and report signs of child maltreatment. O…
View article: Levmore on Simple Rules
Levmore on Simple Rules Open
In 1995, the Harvard University Press published my book Simple Rules for a Complex World, which set out my world view on a wide range of substantive issues related to, on the private side, the law of property, contract, tort, and restituti…
View article: A Modern Defense of Simple Rules for a Complex World
A Modern Defense of Simple Rules for a Complex World Open
My 1995 book Simple Rules for a Complex World articulated a general proposition that, in most situations, simple legal rules perform better in two key dimensions: (1) they are simpler to interpret and enforce, and (2) they generate efficie…
View article: The plasticity of property: legal transitions between property rights regimes for different resources
The plasticity of property: legal transitions between property rights regimes for different resources Open
Property law has systems that are entirely private, entirely open, and everywhere in between. A purely open regime poses no holdout problems, but it can suffer from overutilization of common resources.¬†Conversely, a purely private regime …
View article: Adjuvant <i>nab</i> -Paclitaxel + Gemcitabine in Resected Pancreatic Ductal Adenocarcinoma: Results From a Randomized, Open-Label, Phase III Trial
Adjuvant <i>nab</i> -Paclitaxel + Gemcitabine in Resected Pancreatic Ductal Adenocarcinoma: Results From a Randomized, Open-Label, Phase III Trial Open
PURPOSE This randomized, open-label trial compared the efficacy and safety of adjuvant nab-paclitaxel + gemcitabine with those of gemcitabine for resected pancreatic ductal adenocarcinoma (ClinicalTrials.gov identifier: NCT01964430 ). METH…
View article: REALIZATION AND RECOGNITION UNDER THE INTERNAL REVENUE CODE
REALIZATION AND RECOGNITION UNDER THE INTERNAL REVENUE CODE Open
Over its entire life, the Internal Revenue Code (like other tax systems) has never tried to tax economic income as such, because of the administrative and liquidity problems that arise from taxing any combination of values consumed and fro…
View article: JUSTIFYING TAXATION
JUSTIFYING TAXATION Open
Taxation is more than one thing. Taxes can be levied in various ways on various things, with varying effects on a culture and an economy, and raising different challenges of justification.
View article: SOY volume 38 issue 1 Cover and Back matter
SOY volume 38 issue 1 Cover and Back matter Open
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button.
View article: Valuation Blunders in the Law of Eminent Domain
Valuation Blunders in the Law of Eminent Domain Open
In dealing with the valuation problem, I will bracket these estimation issues in order to look to different and disturbing types of difficulties in the valuation enterprise. The law of eminent domain starts with the implicit assumption tha…
View article: Delegation of Powers: A Historical and Functional Analysis
Delegation of Powers: A Historical and Functional Analysis Open
This Article lays out the reasons why legislators, judges, lawyers, laypersons, and even scholars should care about the nondelegation doctrine. This Article aims to fill gaps in the current literature with a functional analysis of the nond…
View article: Interventions for youth homelessness: A systematic review of effectiveness studies
Interventions for youth homelessness: A systematic review of effectiveness studies Open
This systematic review synthesizes effectiveness evidence on interventions to prevent and address youth homelessness. It was conducted primarily for a United States policy and practice audience but involved an international synthesis of ev…
View article: PART 3. THE CHEVRON SYNTHESIS
PART 3. THE CHEVRON SYNTHESIS Open
Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. …
View article: Property Rights: Long and Skinny
Property Rights: Long and Skinny Open
This paper explores the relationship between private and common property. It starts with the state of nature, works its way through Roman law, and finishes with a discussion of the application of these principles in a modern context. It ex…
View article: Brief of Constitutional Law Scholars as Amici Curiae in Support of Petitioners
Brief of Constitutional Law Scholars as Amici Curiae in Support of Petitioners Open
Lurking behind the regulatory issues presented by this appeal is a concerted effort to displace the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb et seq. ("RFRA"), with a novel approach that would trivialize a law's burden on relig…
View article: Introductory Remarks: Some Reflections on Two-Sided Markets and Pricing
Introductory Remarks: Some Reflections on Two-Sided Markets and Pricing Open
Introductory Remarks: Some Reflections on Two-Sided Markets and Pricing
View article: The Regulation of Interchange Fees: Australian Fine-Tuning Gone Awry
The Regulation of Interchange Fees: Australian Fine-Tuning Gone Awry Open
Two-sided markets are generally defined as markets in which the value attributed to the goods and services received by parties on one side of an exchange depends not only on the intrinsic properties of those items, but also on the number o…
View article: Judge Koh’s Monopolization Mania: Her Novel Antitrust Assault Against Qualcomm Is an Abuse of Antitrust Theory
Judge Koh’s Monopolization Mania: Her Novel Antitrust Assault Against Qualcomm Is an Abuse of Antitrust Theory Open
I. Introduction: A Blockbuster Decision\nII. The Typology of Antitrust Offenses ... A. Per Se Offenses ... B. Rule of Reason Cases ... C. Per Se Legality or “No-Duty” Rules\nIII. FTC v. Qualcomm ... A. The Complaint and the Ohlhausen Disse…
View article: Showcase Panel I: What Is Regulation For?
Showcase Panel I: What Is Regulation For? Open
2018 National Lawyers Convention Transcripts\n“The administrative state, with roots over a century old, was founded on the premise that Congress lacked the expertise to deal with the many complex issues facing government in a fast-changing…