Decoding Nondelegation after Gundy: What the Experience in State Courts Tells Us about What to Expect When We're Expecting

DE Walters - Emory LJ, 2021 - HeinOnline
The nondelegation doctrine theoretically limits Congress's ability to delegate legislative
powers to the executive agencies that make up the modern administrative state. Yet, in …

AI and the nature of disagreement

A Niblett, A Yoon - … Transactions of the Royal Society A, 2024 - royalsocietypublishing.org
Litigation is a creature of disagreement. Our essay explores the potential of artificial
intelligence (AI) to help reduce legal disagreements. In any litigation, parties disagree over …

Law of the Gun: Unrepresentative Cases and Distorted Doctrine

E Ruben - Iowa L. Rev., 2021 - HeinOnline
There is a familiar saying" If all you have is a hammer, everything looks like a nail." The so-
called Law of the Hammer takes a distinctive form in adjudication. If all judges see is one …

The decline of Supreme Court deference to the president

L Epstein, EA Posner - University of Pennsylvania Law Review, 2018 - JSTOR
According to entrenched conventional wisdom, the president enjoys considerable
advantages over other litigants in the Supreme Court. Because of the central role of the …

The curious incident of the falling win rate: Individual vs system-level justification and the rule of law

AD Lahav, P Siegelman - UC Davis L. Rev., 2018 - HeinOnline
Between 1985 and 1995, the plaintiff win rate in civil cases adjudicated in federal district
courts fell dramatically and consistently. After 1995, win rates became substantially more …

Corporate Law as Myth

JR Macey - S. Cal. L. Rev., 2019 - HeinOnline
The thesis of this Article is that corporate law is based on a number of basic principles and
assumptions that have neither factual basis nor historical validity. These" principles" are …

The impact of patent infringement litigation decisions on firms' innovation performance in China

Y Deng, Y Qi, Q Guo - Scientific Reports, 2024 - nature.com
The judiciary protects the value of innovation through remedies such as injunctions and
damages when patent rights are infringed, adjusting the expected returns on future …

Disagreement and capital structure complexity

K Ayotte - The Journal of Legal Studies, 2020 - journals.uchicago.edu
Corporate bankruptcies often involve complicated, fragmented capital structures with many
layers of debt and legal entity structures with many subsidiaries. Why do capital structures …

Maybe there is no bias in the selection of disputes for litigation

E Helland, D Klerman, YHA Lee - Journal of Institutional and Theoretical …, 2018 - JSTOR
New York closing-statement data provide unique insight into settlement and selection. The
distributions of settlements and adjudicated damages are remarkably similar, and the …

Judge bias in labor courts and firm performance

P Cahuc, S Carcillo, B Patault… - Journal of the European …, 2024 - academic.oup.com
This paper documents the existence of judge-specific differences on granting compensation
for wrongful dismissal and shows that their consequences are different for small low …