Regulating Ex Post: How Law Can Address the Inevitability of Financial Failure

Unlike many other areas of regulation, financial regulation operates in the context of a complex interdependent system. The interconnections among firms, markets, and legal rules have implications for financial regulatory policy, especially the choice between ex ante regulation aimed at preventing financial failure and ex post regulation aimed at responding to that failure. Regulatory theory has paid relatively little attention to this distinction. Were regulation to consist solely of duty-imposing norms, such neglect might be defensible. In the context of a system, however, regulation can also take the form of interventions aimed at mitigating the potentially systemic consequences of a financial failure. We show that this dual role of financial regulation implies that ex ante regulation and ex post regulation should be balanced in setting financial regulatory policy, and we offer guidelines for achieving that balance

The future of human nature: a symposium on the promises and challenges of the revolutions in genomics and computer science, April 10, 11, and 12, 2003

This repository item contains a single issue of the Pardee Conference Series, a publication series that began publishing in 2006 by the Boston University Frederick S. Pardee Center for the Study of the Longer-Range Future. This was the Center's Symposium on the Promises and Challenges of the Revolutions in Genomics and Computer Science took place during April 10, 11, and 12, 2003. Co-organized by Charles DeLisi and Kenneth Lewes; sponsored by Boston University, the Frederick S. Pardee Center for the Study of the Longer-Range Future.This conference focused on scientific and technological advances in genetics, computer science, and their convergence during the next 35 to 250 years. In particular, it focused on directed evolution, the futures it allows, the shape of society in those futures, and the robustness of human nature against technological change at the level of individuals, groups, and societies. It is taken as a premise that biotechnology and computer science will mature and will reinforce one another. During the period of interest, human cloning, germ-line genetic engineering, and an array of reproductive technologies will become feasible and safe. Early in this period, we can reasonably expect the processing power of a laptop computer to exceed the collective processing power of every human brain on the planet; later in the period human/machine interfaces will begin to emerge. Whether such technologies will take hold is not known. But if they do, human evolution is likely to proceed at a greatly accelerated rate; human nature as we know it may change markedly, if it does not disappear altogether, and new intelligent species may well be created

Security After 9/11: Strategy Choices and Budget Tradeoffs

The White House issued a National Security Strategy document in 2002 that stated the nation's new foreign policy and national security policy goals. Are the choices it identifies the right choices, and how best should resources be allocated to reach those or alternative goals? This briefing book includes data and analysis of these topics by analysts from several research organizations, intended to help expand and deepen public debate on these issues

Elhauge on Tying: Vindicated by History

This video of this paper being presented is also available

Considering Law and Macroeconomics

The worst financial and economic crisis to hit the world’s richest economies since the Great Depression inspired a flood of scholarship that straddled the disciplines of law and macroeconomics. With few exceptions, this crisis scholarship did not set out to build a new interdisciplinary movement and did not claim the legacy of earlier efforts to mine the intersection of law and macroeconomics. What are we to make of this moment ten years on? Could Law and Macroeconomics (#LawMacro for short) be an important new turn in legal and economic thought, a casual interdisciplinary tryst on the margins of a hundred-year flood, or, paraphrasing one commentator, this generation’s Freudian pushback against the venerable Law and Economics movement? This symposium issue of Law and Contemporary Problems offers a sampling of views from a September 2019 conference at Georgetown Law on the prospects for LawMacro as a field of inquiry. Our principal goal for the Conference and this Issue has been to consider the scope for more systematic, sustained engagement between law and macroeconomics, distilling post-crisis research trends, and identifying avenues for future collaboration

Neurorhetoric, Race, and the Law: Toxic Neural Pathways and Healing Alternatives

Neurorhetoric is the study of how rhetoric shapes the human brain. At the forefront of science and communication studies, neurorhetoric challenges many preconceptions about how humans respond to persuasive stimuli. Neurorhetoric can be applied to a multiplicity of relevant legal issues, including the topic of this Maryland Law Review Symposium Issue: race and advocacy. After detailing the neuroscientific and cognitive theories that underlie neurorhetoric, this Essay theorizes ways in which neurorhetoric intersects with the law, advocacy, and race. This Essay explores how toxic racial stereotypes and categories become embedded in the human brain and what can be done about it

Focal Spot, Winter 2006/2007

https://digitalcommons.wustl.edu/focal_spot_archives/1104/thumbnail.jp

SUSTAINABLE AGRICULTURE: POLICY REFORM IS NOT ENOUGH

Agricultural and Food Policy, Environmental Economics and Policy,