Regulation for the Sake of Appearance

  title={Regulation for the Sake of Appearance},
  author={Adam M. Samaha},
  journal={University of Chicago Coase-Sandor Institute for Law \& Economics Research Paper Series},
  • Adam M. Samaha
  • Published 7 October 2011
  • Law
  • University of Chicago Coase-Sandor Institute for Law & Economics Research Paper Series
Appearance is often given as a justification for decisions, including government decisions, but the logic of appearance arguments is not well theorized. This Article develops a framework for understanding and evaluating appearance-based justifications for government decisions. First, working definitions are offered to distinguish appearance from reality. Next, certain relationships between appearance and reality are singled out for attention. Sometimes reality is insulated from appearance… 

When Was Judicial Self-Restraint

This Essay responds to Judge Posner’s Jorde Symposium Essay The Rise and Fall of Judicial Restraint by analyzing the question of when, if ever, has judicial self-restraint thrived in the federal

Forum Choice for Terrorism Suspects

What forum should be used to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the president as to whether the status of terrorism suspects

Punitive Preventive Justice: A Critique

This book chapter critically examines punitive preventive measures, such as preventive detention for dangerous individuals, stop-and-frisks on the street, and order-maintenance policing. After

Structural Constitutionalism as Counterterrorism

During the past decade, federal courts have adjudicated proliferating challenges to novel policy responses to terrorism. Judges often resolve the individual rights and statutory interpretation

Waldron on the Regulation of Hate Speech

This essays reviews and evaluates the arguments in Jeremy Waldron's book "The Harm in Hate Speech" (Harvard University Press, 2012). We may summarize the argument for Waldron’s titular view as

Fantasies and Illusions: On Liberty, Order, and Free Market

Critical thinkers have used various terms to describe the collective imaginary that has real effects on individuals, society, and politics. Freud used the term “einer Illusion” to characterize

Rethinking the Costs of International Delegations

A prominent criticism of U.S. delegations to international institutions – or international delegations – focuses on agency costs. The criticism begins by drawing a stark contrast between

Campaign Money, Congress, and Perceptions of Corruption

Many Americans think campaign money has a corrupting influence on Congress. Yet how they think about money in politics is a relatively unexplored topic. This article investigates how the public

Expressive Incentives in Intellectual Property

American copyright and patent laws are founded on utilitarian notions of providing limited incentives to create socially valuable works. This Article shows that incentives that express solicitude for

Personalizing Negligence Law

The most fundamental feature of negligence law is the "reasonable person" standard. This feature bases negligence law on a strictly objective foundation: it requires people to behave in the prudent