Print Issues

Volume 63, Issue 1


Inter-Judge Sentencing Disparity After Booker

A First Look
by  Ryan W. Scott

A central purpose of the Sentencing Reform Act was to reduce inter-judge sentencing disparity, driven not by legitimate differences between offenders and offense conduct, but by the philosophy, politics, or biases of the sentencing judge. The Federal Sentencing Guidelines, despite their well-recognized deficiencies, succeeded in reducing that form of unwarranted disparity. But in a series…


Harry Potter and the Trouble with Tort Theory

by  Scott Hershovitz

Economists argue that tort law promotes an efficient allocation of resources to safety, while philosophers contend that it dispenses corrective justice. Despite the divide, the leading tort theories share something in common: they are grounded in an unduly narrow view of tort. Both economists and philosophers confuse the institution of tort law with the rules…


Collective Action Federalism

A General Theory of Article I, Section 8
by  Robert D. Cooter & Neil S. Siegel

The Framers of the United States Constitution wrote Article I, Section 8 in order to address some daunting collective action problems facing the young nation. They especially wanted to protect the states from military warfare by foreigners and from commercial warfare against one another. The states acted individually when they needed to act collectively, and…


Recessions and the Social Safety Net

The Alternative Minimum Tax as a Countercyclical Fiscal Stabilizer
by  Brian Galle & Jonathan Klick

As recent events illustrate, state finances are procyclical: during recessions, state revenues crash, worsening the effects of economic downturns. This problem is well known, yet persistent. We argue here that, in light of predictable federalism and political economy dynamics, states will be unable to change this situation on their own. Additionally, we note that many…