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v88.3
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.

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v88.3
Qualified Immunity's Boldest Lie
Joanna C. Schwartz
Professor of Law, UCLA School of Law.

For helpful comments on earlier drafts, thanks to Karen Blum, Roger Clark, Barry Friedman, Christopher Kemmitt, James Pfander, Richard Re, Alexander Reinert, Lou Reiter, Jack Ryan, Seth Stoughton, and Stephen Yeazell. For help constructing the dataset of Ninth Circuit cases, many thanks to John Wrench and Anya Bidwell. For excellent research assistance, thanks to Bryanna Taylor and Hannah Pollack. Thanks also to the editors at The University of Chicago Law Review for excellent editorial assistance.

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v88.2
The Corpus and the Critics
Thomas R. Lee
Associate Chief Justice of the Utah Supreme Court and Distinguished Lecturer in Law at Brigham Young University J. Reuben Clark Law School, Lecturer on Law at Harvard Law School, and Lecturer in Law at The University of Chicago Law School.

The authors acknowledge the editorial input of James Heilpern and Benjamin Lee, who contributed to an early draft of this paper, and express thanks to those who commented on earlier drafts or offered insights in response to presentations in various conferences, symposia, and talks. Thanks to the Association of American Law Schools and Brigham Young University, who each sponsored conference sessions at which the ideas in this piece were initially vetted. Thanks also to Seth Cannon, Brian Casper, Dante Chambers, Spencer Crawford, Josh Jones, Zachary Lutz, Christopher Melling, Elizabeth Nielson, Monick Perone, Jackson Skinner, and Kyle Tanner for their able research assistance.

Stephen C. Mouritsen
Shareholder at Parr Brown Gee & Loveless and Adjunct Professor at Brigham Young University J. Reuben Clark Law School.

A decade ago we proposed the use of the tools of corpus linguistics in the interpretation of legal language.

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v88.2
Competing Algorithms for Law: Sentencing, Admissions, and Employment
Saul Levmore
William B. Graham Distinguished Service Professor of Law, The University of Chicago Law School.

We benefited from discussions with colleagues at a University of Chicago Law School workshop and with Concetta Balestra Fagan and Eliot Levmore.

Frank Fagan
Associate Professor of Law, EDHEC Business School, France.

When the past is thought to predict the future, it is unsurprising that machine learning, with access to large data sets, wins prediction contests when competing against an individual, including a judge. Just as computers predict next week’s weather better than any human working alone, at least one study shows that machine learning can make better decisions than can judges when deciding whether or not to grant bail.

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v88.2
The Missing Indian Affairs Clause
Lorianne Updike Toler
Olin Searle Fellow, Yale Law School’s Information Society Project.

This Article is dedicated to my former law professor, Larry Echo Hawk, a member of the Pawnee Nation and Assistant Secretary of the Interior for Indian Affairs for President Barack Obama. I am greatly indebted to those who have provided helpful insights and comments on earlier drafts and underlying research, including Akhil Amar, Jack Balkin, William Baude, Steve Calabresi, Bradford Clark, Nicholas Cole, William Ewald, Lawrence Friedman, Shlomo Klapper, David Landau, Soren Schmidt, Michalyn Steele, Larry Solum, and Kevin Worthen. I thank my parents, John B. Updike and V. Lauri Updike, for acting as technical editors, and the very able editors of The University of Chicago Law Review. My heartfelt thanks also goes to Lee Arnold at the Historical Society of Pennsylvania for providing access to James Wilson’s Papers and particularly his drafts of the Constitution, and to Julie Miller, Julie Biggs, and Jennifer Evers from the Conservation Division of the Library of Congress for providing images and doing further forensic research of Randolph’s sketch. Finally, my thanks go to the indispensable Yale Law librarians, who never cease to lend valuable and timely assistance.

Billy Jo Lara, a Turtle Mountain Native American, struck a federal officer on the Spirit Lake Reservation.

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88.1
Proximate Cause Explained: An Essay in Experimental Jurisprudence
Joshua Knobe
Professor of Philosophy and Psychology and Linguistics, Yale University.

For comments on an earlier version, we are deeply grateful to Guilherme Almeida, Fiery Cushman, Mihailis Diamantis, Ivar Hannikainen, Scott Hershovitz, Brian Leiter, James Macleod, Roseanna Sommers, Andy Summers, Kevin Tobia, John Witt, Ben Zipursky, and Gideon Yaffe. Katya Botchkina provided excellent research assistance and her philosophical suggestions were immensely helpful to us in drafting Part VI.

Scott Shapiro
Charles F. Southmayd Professor of Law and Professor of Philosophy, Yale University.

A few days before Christmas 1924, William Markowitz sold an air rifle to Richard Kevans. Markowitz should not have made that sale.

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88.1
Stickiness and Incomplete Contracts
Julian Nyarko
Assistant Professor of Law, Stanford Law School.

For helpful comments and suggestions, I thank Adam Badawi, Douglas Baird, Robert Bartlett, Andrew Bradt, Guy-Uriel Charles, Benjamin Chen, Adam Chilton, Albert Choi, Ryan Copus, Robert Cooter, John Coyle, Kevin Davis, John DeFigueredo, Josh Fischman, Jeffrey Gordon, Joe Grundfest, Mitu Gulati, Andrew Guzman, Deborah Hensler, Tim Holbrook, Bert Huang, William Hubbard, Matthew Jennejohn, Francine Lafontaine, Katerina Linos, Jonathan Masur, Justin McCrary, Joshua Mitts, Kevin Quinn, Bertrall Ross, Sarath Sanga, Robert Scott, Megan Stevenson, Eric Talley, Glenn West, Diego Zambrano, and Eyak Zamir, as well as the participants of workshops at Columbia Law School, NYU School of Law, Stanford Law School, the University of Chicago Law School, University of Virginia School of Law, University of Michigan Law School, UC Davis School of Law, University of Hamburg Faculty of Law, the 2020 American Bar Association M&A Committee Meeting, the 2020 Association of American Law Schools Annual Meeting, the 2020 Stanford-IACCM Symposium, the 2019 Northwestern Conference on Law and Textual Analysis, the 2019 Annual Empirical Contracts Workshop at Penn, the 2019 Annual Meeting of the German Law and Economics Association, the 2018 Conference on Empirical Legal Studies, the 2018 Conference on Empirical Legal Studies in Europe, and the 2018 International Conference on the Economics of Litigation.

In the 1990s, Sprint PCS, one of the leading telecommuni-cations companies in the United States, created a wireless af-filiate program.
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88.1
The Comparative Constitutional Law of Presidential Impeachment
Tom Ginsburg
Leo Spitz Professor of International Law and Ludwig and Hilde Wolf Research Scholar, The University of Chicago Law School.

For helpful discussions, the authors thank Joshua Braver, Yoav Dotan, Roberto Dalledone Machado Filho, Juliano Zaiden Benvindo, Sabrina Ragone, Jeong-In Yun, and participants at the ICON-S Conference in Santiago, Chile, July 2019, as well as workshops at Georgetown University Law Center, the University of Chicago Law School, University of Maryland Carey School of Law, NYU School of Law, Vanderbilt Law School, and the University of California-Berkeley School of Law. Thanks to Young Hun Kim for providing useful data and to Kali Cilli and Delhon Braaten for research assistance.

Aziz Huq
Frank and Bernice N. Greenberg Professor of Law, The University of Chicago Law School.
David Landau
Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law.
The president must go! Thus rings the call across many democracies, including our own.
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87.8
Exporting American Discovery
Yanbai Andrea Wang
Assistant Professor of Law, University of Pennsylvania Carey Law School.

For generous conversations and comments, I am grateful to Aziza Ahmed, Kevin Benish, Pamela Bookman, Beth Burch, Guy‑Uriel Charles, Kevin Clermont, Zachary Clopton, Brooke Coleman, William Dodge, David Engstrom, Nora Engstrom, George Fisher, Maggie Gardner, Myriam Gilles, Jasmine Harris, Larry Helfer, Deborah Hensler, Aziz Huq, Mark Kelman, Amalia Kessler, Tim Lovelace, Rick Marcus, Doug Melamed, Jenny Martinez, Anne O’Connell, Katerina Ossenova, Aaron Simowitz, Shirin Sinnar, David Sklansky, David Sloss, Norman Spaulding, Al Sykes, Justin Weinstein-Tull, Steve Yeazell, Diego Zambrano, as well as participants at the American Society of International Law Research Forum, Annual Civil Procedure Workshop, Bay Area Civil Procedure Forum, Emerging Scholars Workshop, Grey Fellows Forum, Junior Faculty Federal Courts Workshop, Northern California International Law Scholars Workshop, “The Extraterritorial State” Symposium at Willamette, and workshops at UC Berkeley, Boston College, Cardozo Law, Cornell, UC Davis, Duke, Emory, the University of Florida, Fordham, Georgetown, the University of Michigan, the University of Pennsylvania, and the University of Virginia. For exceptional research assistance, I thank Alexis Abboud, Douglas Callahan, Wesley DeVoll, Jeffrey Ho, Aletha Dell Smith, Sam Sherman, and Leonardo Villalobos. Thanks also to the thoughtful editors of The University of Chicago Law Review.

Across the country, federal courts now routinely have a hand in the resolution of foreign civil disputes. They do so by compelling discovery in the United States—typically as much discovery as would be available for a lawsuit adjudicated in federal district court—and making it available for use in foreign civil proceedings governed by different procedural rules.
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87.8
The Myth of Creditor Sabotage
Vincent S.J. Buccola
Assistant Professor, The Wharton School of the University of Pennsylvania.

This Article was substantially written while Mah and Zhang were undergraduates, and it reflects neither the opinions of nor nonpublic information about their employers. The authors thank Ken Ayotte, Allison Buccola, Saul Levmore, Josh Macey, Adriana Robertson, Mike Simkovic, David Skeel, Matt Turk, and participants at a Wharton faculty workshop for criticism of defunct drafts.

Jameson K. Mah
Investment Analyst, Cyrus Capital Partners. BS (Economics), The Wharton School of the University of Pennsylvania.
Tai Zhang
Analyst. BS (Economics), The Wharton School of the University of Pennsylvania.

A basic assumption in the standard paradigm of corporate finance is that a company’s investors want the company to succeed. To be sure, investors of different classes—stockholders and bondholders, for example—bear risk and reward unequally.

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