How Tax Models Work

Abstract: Unlike many social and physical sciences, legal scholarship includes little or no discussion of what models mean, how they are connected to the real world of law and policy, or how they should, and should not, be used by legal scholars. This void exists notwithstanding legal scholarship’s increasing reliance on explicit modeling in fields […]

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Legal Mirrors of Entrepreneurship

Abstract: Small businesses are regarded as the engine of the economy. But just what is a “small business”? Depending on where one looks in the law, the definitions vary. Routinely, though, these various classifications fail to assess the policy considerations and legislative intent for granting regulatory preferences to small concerns to begin with. In the […]

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Delay and Its Benefits for Judicial Rulemaking Under Scientific Uncertainty

Abstract: The Supreme Court’s increasing use of science and social science in its decision making has a rationalizing effect on law that helps ensure that a rule will have its desired effect. But resting doctrine on the shifting sands of scientific and social scientific opinion endangers legal stability. The Court must be responsive, but not […]

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Rollover Risk: Ideating a U.S. Debt Default

Abstract: This Article examines how a U.S. debt default might occur, how it could be avoided, its potential consequences if not avoided, and how those consequences could be mitigated. The most realistic default would result from rollover risk: the risk that the government will be temporarily unable to borrow sufficient funds to repay its maturing debt. […]

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The Clough Distinguished Lecture in Jurisprudence: Constitutionalism and Coercion

Abstract: A common understanding of constitutionalism sees a constitution as a device for keeping self-serving, corrupt, misguided, incompetent, power-hungry, or otherwise bad officials from doing bad things. But an alternative vision of constitutionalism recognizes the role of a constitution in imposing second-order constraints on the well-intended and often wise policies and decisions of even good […]

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Made in the U.S.A.: Corporate Responsibility and Collective Identity in the American Automotive Industry

Abstract: This Article challenges the corporate-constructed image of American business and industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and doctrinal corporate law, this Article examines the ways that social and legal actors understand what it means for a corporation or its products to […]

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