The Texas Gulf Sulphur decision began what has become a fifty-year project of developing U.S. insider trading regulation through judicial lawmaking. During the course of that project, the courts developed a complex, fraud-based approach to determining the scope of liability. The approach has...

In this paper I derive several straightforward restrictions imposed by the Becker model of discrimination in the highway search and pre-trial release contexts. I explain how these restrictions may be tested using real-world data at the decision level (e.g., whether to search or whether to...

We investigate the use of machine learning (ML) and other robust-estimation techniques in event studies conducted on single securities for the purpose of securities litigation. Single-firm event studies are widely used in civil litigation, with billions of dollars in settlements hinging on the...

This article presents an empirical analysis of the Rehnquist Court's and the Roberts Court's decisions on the federal (statutory) preemption of state law. In addition to raw outcomes for or against preemption, we examine cases by subject-matter, level of judicial consensus, tort versus...

In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...

Congressional control of state taxation : evidence and lessons for federalism theory / Brian Gale -- Harmonisation of private law in Europe / Michael Faure -- Lessons in fiscal federalism from American Indian nations / Terry L. Anderson and Dominic P. Parker -- Do profits promote pollution? The...

A judge facing exogenous constraints on his pecuniary income has an incentive to reduce his workload to increase his private welfare. In the face of an increase in caseload, this incentive will induce judges to attempt to terminate some cases more rapidly. In class action cases, failing to grant...