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84.3
Schrödinger’s Cell: Pretrial Detention, Supervised Release, and Uncertainty
Eric J. Maier
BFA 2011, University of Michigan; JD Candidate 2018, The University of Chicago Law School

As quantum theory developed, Erwin Schrödinger began to explore the strange results the theory seemed to predict. Oversimplifying, quantum theory proposed that a single atom could be in two places at once but that observing the atom at one point would cause it to exist at only that point.

Criminal Law Sentencing Supervised Release
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84.3
Between Here and There: Buffer Zones in International Law
Eian Katz
BA 2013, Yale University; JD Candidate 2018, The University of Chicago Law School

On a December morning in 2015, H.A. left early from his home in central Gaza to tend to his fields of wheat, barley, peas, and fava beans a couple hundred meters from the Israeli border fence. He arrived to find a low-flying Israeli aircraft spewing a thick, white substance over his farmland as it traveled south along the Palestinian side of the divide.

Human Rights International Law War and Conflict
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84.3
Taming Cerberus: The Beast at AEDPA's Gates
Patrick J. Fuster
BA 2014, University of California, Berkeley; JD Candidate 2018, The University of Chicago Law School

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) established the current regime under which federal courts address petitions for a writ of habeas corpus by state prisoners.

Criminal Law Federalism Habeas Corpus
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84.3
Revitalizing the Law That “Preceded the Movement”: Associational Discrimination and the Rehabilitation Act of 1973
Bianca G. Chamusco
The University of Chicago; MA 2014, The University of Chicago; JD Candidate 2018, The University of Chicago Law School

A deaf man is admitted to the hospital for emergency surgery. The hospital, unable to locate an available American Sign Language interpreter, relies on the man’s children to communicate with him.

Americans with Disabilities Act Associational Standing Civil Rights Disability Law
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Article
84.3
The Value of Accuracy in the Patent System
Stephen Yelderman
Associate Professor, Notre Dame Law School

For very helpful comments on prior drafts, I thank Michael Abramowicz, Robert Brauneis, Margaret Brinig, Kevin Collins, John Duffy, Jeanne Fromer, Timothy Holbrook, Bruce Huber, Dmitry Karshtedt, Daniel Kelly, Bruce Kobayashi, Mark Lemley, Alexandra Levy, Jonathan Masur, Mark McKenna, Robert Merges, Lisa Ouellette, Jason Rantanen, Michael Risch, and Neel Sukhatme. I also thank Joseph Nugent for his excellent research assistance.

Today, it is an almost universally accepted proposition that the patent system makes too many mistakes.

Intellectual Property Law and Economics Patent
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Article
84.3
"Equal Right to the Poor"
Richard M. Re
Assistant Professor of Law, UCLA School of Law

Many thanks to Michelle Wilde Anderson, Will Baude, Josh Blackman, Sam Bray, Grace Bridwell, Craig Chosiad, Ryan Doerfler, Laura Donohue, Elliot Dorff, Greg Dubinsky, Kristen Eichensehr, Jonah Gelbach, Robert Goldstein, Mark Greenberg, Tara Leigh Grove, John McGinnis, Aaron Nielson, Jide Nzelibe, Jim Pfander, Alex Potapov, Sabeel Rahman, Larry Sager, Seana Shiffrin, Ganesh Sitaraman, Mila Sohoni, Sabine Tsuruda, Mark Tushnet, Margo Uhrman, David Waddilove, Eugene Volokh, Adam Winkler, Rebecca Zietlow, The University of Chicago Law Review, and participants in the Northwestern Constitutional Law Colloquium, the University of Pennsylvania Legislation Workshop, the Junior Scholars Federal Courts Workshop, and the UCLA School of Law Faculty Colloquium.

During the confirmation hearings for then-Judge John Roberts, Senator Richard Durbin asked about economic equality.

Courts Due Process Judges Judicial Decision-Making Poverty Law
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Article
84.3
The Unexpected Role of Tax Salience in State Competition for Businesses
Hayes R. Holderness
Assistant Professor of Law, University of Richmond School of Law; JD, 2011, NYU School of Law; LLM, 2012, NYU School of Law

Many thanks to the faculty of the University of Illinois College of Law for the support and guidance provided to me while drafting this Article as a Visiting Assistant Professor of Law at the College. My particular gratitude belongs to John Colombo, Dhammika Dharmapala, David Gamage, Ari Glogower, Michael Hatfield, Paul Heald, Dick Kaplan, Bob Lawless, Laurie Malman, Arden Rowell, Erin Scharff, Darien Shanske, Jamelle Sharpe, Lesley Wexler, the participants at the 2016 Big Ten Junior Scholars Conference, and the participants at the Washington University Faculty Workshop Series for their time and insights regarding earlier drafts of this Article.

In 2012, Amazon agreed to invest $130 million in building two fulfillment centers and to create 1,500 jobs in New Jersey in exchange for the state relieving Amazon of its sales-tax-collection obligations.

Behavioral Economics Law and Economics State Law Tax Law
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Article
84.3
Dead Hand Proxy Puts and Shareholder Value
Sean J. Griffith
T.J. Maloney Chair in Business Law and Professor of Law, Fordham Law School

We are grateful for comments we received at the 2016 Annual Meeting of the American Law and Economics Association, the Eleventh Annual Conference on Empirical Legal Studies, and at presentations at Florida State University College of Law, Fordham Law School, Notre Dame Law School, St. John’s University School of Law, UCLA School of Law, USC Gould School of Law, and Young Conaway Stargatt & Taylor, LLP. Thanks also to Jennifer Arlen, Alon Brav, Jack Coffee, Elisabeth de Fontenay, Chris Foulds, Joe Grundfest, Victoria Ivashina, J. Travis Laster, Katie McCormick, Darius Palia, Frank Partnoy, Richard Squire, Leo Strine, and Eric Talley for comments and conversations on earlier drafts. The viewpoints and any errors herein are the authors’ alone.

Natalia Reisel
Assistant Professor of Finance and Business Economics, Gabelli School of Business, Fordham University
Hedge fund activism is now a defining force in corporate governance.
Business Organizations Corporate Governance Empirical Analysis
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Article
A Storied Career: Judge Posner's Retirement
The University of Chicago Law Review

I’ve been a judge for thirty-five years and over that period my interest in legal research has narrowed to research that illuminates, and by doing so can alter, judicial behavior.

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Book review
84.2
Positive Pluralism Now
Paul Horwitz
Gordon Rosen Professor of Law, University of Alabama School of Law

My thanks to Rick Garnett and Marc DeGirolami for comments.

A long time ago—roughly between the 2014–2015 academic year and the spring of 2016, when Donald Trump’s presidential candidacy monopolized the public conversational agenda—there was a heated debate about whether our culture was experiencing a reprise of the 1990s and its struggles over “political correctness.”

Freedom of Speech Institutional Design Public Choice