Law and Economics

Volume 89.3
The Law and Economics of Animus
Andrew T. Hayashi

I argue for an economic approach to equal protection analysis that is grounded in the motivations of government actors but that addresses some of the longstanding concerns with intent-based tests. The examples of criminal deterrence and equal protection analysis are illustrative of an agenda for law and economics analysis that more incorporates other-regarding motives more generally.

Volume 89.3
Regulation and Redistribution with Lives in the Balance
Daniel Hemel

This Article explores what it might mean in practice for agencies to incorporate distributive considerations into cost-benefit analysis. It uses, as a case study, a 2014 rule promulgated by the National Highway Traffic Safety Administration (NHTSA) requiring new motor vehicles to have rearview cameras that reduce the risk of backover crashes.

The Legal Causes of Labor Market Power in the U.S. Agriculture Sector
Candice Yandam Riviere
J.D. Candidate, The University of Chicago Law School; Ph.D. Candidate in economics, Pantheon-Sorbonne University.

Many thanks to Professor Joshua Macey and Professor Eric A. Posner for their guidance and feedback. Thanks to my fellow Law Review editors for their meticulous comments and rigorous edits.

Llacua is one of many shepherds who move to the United States for a few months each year with an H-2A visa to work on a ranch. The H-2A program allows U.S. employers to petition to hire foreign temporary agricultural workers, provided that the employers satisfy specific regulatory requirements.

Rethinking Nudge: An Information-Costs Theory of Default Rules
Oren Bar-Gill
William J. Friedman and Alicia Townsend Friedman Professor of Law and Economics, Harvard Law School.
Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law, Kearney Director of the Coase-Sandor Institute for Law and Economics, The University of Chicago Law School.

For helpful comments and suggestions, we thank Matthew Adler, Mireia Artigot i Golobardes, Ian Ayres, Lucian Bebchuk, Hanoch Dagan, John Donohue, Avihay Dorfman, Abigail Faust, Rosa Ferrer, Michael Frakes, Juan-José Ganuza, John Goldberg, Jacob Goldin, Fernando Gómez, Assaf Hamdani, Sharon Hannes, Alon Harel, Louis Kaplow, Kobi Kastiel, Roy Kreitner, Tamar Kricheli-Katz, Florencia Marotta-Wurgler, Alan Miller, A. Mitchell Polinsky, Ariel Porat, J. Mark Ramseyer, Barak Richman, Adriana Robertson, Steven Shavell, Henry Smith, Holger Spamann, Cass Sunstein, George Triantis, David Weisbach, and workshop participants at Bar-Ilan University, Chicago, Duke, Haifa University, Harvard, Stanford, Tel Aviv University, and Universitat Pompeu Fabra. Emily Feldstein and Haggai Porat provided outstanding research assistance.

86 Special
Lawrence Lessig
Roy L. Furman Professor of Law and Leadership, Harvard Law School

Richard Posner is the most prolific federal judge and academic in the history of American law.