Category Archives: Law

Is the Coase theorem unfalsifiable?

Our recent discussions with Glen Whitman about slavery, Haitian zombies, and the Coase Theorem has led us to think deeper about the relation between the Coase Theorem and other “legal failures.” (We consider the institution of slavery a paradigm case of … Continue reading

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Does the institution of slavery refute the Coase Theorem?

We think it does … because slaves by definition are unable to bargain for their freedom. Our colleague and good friend Glen Whitman says it does not … read his reasons and our objections to his argument in the comments section to … Continue reading

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Haitian Zombies and Slave Economics

Originally posted on Economics of the Undead:
This article on Haitian zombies, which includes a history of attempts to explain their existence in scientific terms, reminds us that zombie folklore is historically inseparable from slavery.  Haitian zombies were created not…

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Law’s dirty little secret …

Michelle N. Meyer, an academic fellow of bioethics and biotechnology at Harvard Law School, recently brought to our attention this fascinating blog post titled “Leveling Up,” which was originally written by law professor Christian Turner. She helpfully describes various levels of legal analysis as … Continue reading

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Fair or foul?

According to our friends at ESPN, a federal judge in Northern California has ruled that the NCAA can’t prevent college athletes from selling the rights to their names. Judge Claudia Wilken, in a landmark 99-page decision, has ruled in favor of former UCLA … Continue reading

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The logic of collective action: why airline tickets are non-transferable

Christopher Elliott wrote up this report exploring the reasons why airline tickets are non-transferable. Here’s fake reason #1: Airlines don’t allow name changes for two reasons, according to Victoria Day, a spokeswoman for Airlines for America, an industry trade group. The … Continue reading

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The House always wins …

Here’s a puzzle: Why do people gamble in casinos, especially if (as our old friend Freddie Torres would like to say when talking about lawsuits against the government) “the House always wins”? By way of example, check out this report by Chris Opfer … Continue reading

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“Crimes Against Logic”

That is the title of this fun little book by Jamie Whyte. (Thanks to Steven Landsburg for the pointer.) By the way, many of the logical fallacies exposed by Whyte are especially relevant to law and judging, such as his critique of “chaotic verbiage” (page … Continue reading

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The Ethics and Economics of Vampire Re-ensoulment

Originally posted on Economics of the Undead:
(cross-posted at the Volokh Conspiracy) io9 contributor Greta Christina, after re-watching the second season of Buffy the Vampire Slayer, raises serious questions about the ethics of vampire-slaying.  SPOILER:  At the end of Season…

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Are judges like baseball umpires?

(Supreme Court judges, that is.) Neal Katyal, a law professor at Georgetown University, reports in this op-ed that there were no dissenting opinions in more than two-thirds of the cases decided by the U.S. Supreme Court last term. Here is an excerpt from Katyal’s … Continue reading

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