The preference of behavioral law and economics (BLE) for regulatory approaches that preserve “freedom of choice” has led to incomplete policy analysis and inefficient policies. BLE has been broadly regarded as among the most promising new developments in public policymaking theory and...

This fall, most states are likely to see a massive surge in absentee voting. The significantly greater burdens absentee ballots impose on election administration, compared to in-person voting, are not widely appreciated. Unless certain key dates in the election calendar are changed to take this...

This article explores and connects two issues: (1) the relation between the Rule of Law (or legality) and the work we do in general jurisprudence on the concept of law; and (2) the distinction between conceptions of the Rule of Law that emphasize certainty, rules, and predictability and...

The question about whether judges are better than legislatures at identifying and addressing the moral issues associated with rights needs to be posed in a more refined way that takes account of the suggestions made by Professors Beaud, Dyzenhaus, and Sadurski. As Professor Sadurski points out,...