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Kidd & Zywicki on Public Choice Theory and Law

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  • 2025-07-24 23:05 event
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Jeremy Kidd (Drake University - Law School) & Todd J. Zywicki (George Mason Law) have posted Public Choice Theory and Law (Entry In Elgar Concise Encyclopedia Of Legal Theory And Philosophy (Forthcoming)) on SSRN. Here is the abstract: Public choice theory applies economic principles—especially rational self-interest, incentive structures, and methodological individualism—to the study of political and legal institutions. While traditionally used to explain legislative and regulatory behavior, this entry explores how public choice insights apply more broadly across the legal landscape. Concepts such as concentrated benefits and dispersed costs, rational ignorance, and rent-seeking help explain how legal actors—judges, litigants, bureaucrats, and interest groups—interact within institutional constraints. The entry examines how these dynamics shape the evolution of litigation, the behavior of administrative agencies, and even constitutional…

68. Major Injury Crash on I-80 in Fairfield: Dodge Ram Collides with Caltrans Vehicle

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A major injury crash involving a Dodge Ram pickup truck and a Caltrans maintenance vehicle created significant traffic disruptions and severe injuries on Interstate 80 in Fairfield on Wednesday morning, July 23, 2025. Details of the Fairfield I-80 Collision The crash occurred at approximately 8:15 a.m. on westbound Interstate 80 near the Travis Boulevard off-ramp in Fairfield. According to California Highway Patrol reports, the collision prompted an immediate emergency response and the temporary closure of the Travis Boulevard off-ramp to facilitate rescue operations and traffic control. Emergency responders, including CHP officers, paramedics, and fire personnel, arrived on scene shortly after receiving reports of the collision. Initial assessments quickly revealed the serious nature of the incident, leading authorities to classify it as a major injury crash requiring extensive emergency medical response. Extent of Injuries Sustained The collision resulted in severe injuries…

69. “Elena Kagan knocks SCOTUS use of ‘shadow docket’ at California judicial conference”

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“Elena Kagan knocks SCOTUS use of ‘shadow docket’ at California judicial conference”: Bob Egelko of The San Francisco Chronicle has this report. Abbie VanSickle of The New York Times reports that “Justice Kagan Urges Supreme Court to Explain Itself in Emergency Decisions; In remarks before judges and lawyers in California, the justice said she believed the court had a responsibility to share its reasoning.” Justin Jouvenal of The Washington Post reports that “Supreme Court Justice Kagan says independence of judges is under threat; She decried threats to judges, vitriolic reactions to rulings and the defiance of court orders.” Maureen Groppe of USA Today has an article headlined “Why is the Supreme Court siding with Trump? Elena Kagan says the majority should explain; As President Trump and others file more emergency appeals to the Supreme Court, Kagan said her colleagues need to say why they’re ruling for one side or…

70. Advocacy group calls for sustained support as Kenya refugee reforms face funding hurdles

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Refugees International on Wednesday called for urgent donor support and policy coordination as Kenya moves to implement major reforms to its refugee system amid sharp foreign aid cuts and ongoing legal and administrative challenges. The group’s latest report warns that Kenya’s integration efforts, anchored in the 2021 Refugee Act and reinforced by the March 2025 Shirika Plan, are at risk of faltering just as implementation begins. The plan aims to phase out the traditional refugee camp model in favor of long-term inclusion through access to national services, legal employment, and freedom of movement. However, those reforms now face a shrinking aid environment. The United States, formerly Kenya’s largest humanitarian donor, has drastically reduced funding. As a result, food assistance for nearly 800,000 refugees has already been slashed by 40 percent. Education programs have been suspended, health systems are strained, and refugee-led protests have erupted in…

71. What to Do If You’re Facing Drug Charges

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Being arrested on drug charges can be overwhelming and confusing. Whether it’s for possession, trafficking, or distribution, criminal drug charges can lead to serious consequences that impact your future, including jail time, fines, and a criminal record. If you’re facing drug charges in Jersey City, it’s essential to understand your rights and take steps to protect your case. This blog post will explain what to do if you’re facing drug charges and how a criminal defense attorney Jersey City can help. 1. Stay Calm and Do Not Resist Arrest If you’re arrested on drug charges, it’s important to stay calm. Resisting arrest or getting aggressive with police officers can make your situation worse. Always follow the officer’s instructions without arguing or being combative. Anything you say or do can be used against you later in court. It’s also important to remember that you have the right to remain silent. You don’t have to…

72. Iran cluster munitions violate international humanitarian law, rights group says

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Amnesty International on Thursday condemned Iranian forces use of cluster munitions in populated living areas during June attacks on Israel, declaring the actions a blatant violation of international humanitarian law. The organization argued that the deployment of these weapons clearly breached established legal protections for civilians during armed conflicts. Erika Guevara Rosas, Amnesty International’s Senior Director for Research, Advocacy, Policy and Campaigns, emphasized that using such weapons in or near populated areas shows a “clear disregard for international humanitarian law.” The organization also urged both Iran and Israel to join the 2008 Convention on Cluster Munitions. The group’s statement detailed several verified incidents involving the use of cluster munitions in Israel during the “12 Day War,” a brief yet intense armed conflict that took place June 13-24. The war began with Israeli airstrikes targeting Iranian nuclear and…

73. Rights group finds Ukrainian officials targeting an anti-corruption activist

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Human Rights Watch (HRW) exposed direct targeting of Vitaliy Shabunin–a co-founder of Anti-Corruption Action Centre (AntAC)–by Ukraine’s State Bureau of Investigation (SBI) Thursday. Shabunin, “a prominent anti-corruption activist who has played a key role in exposing allegations of government corruption,” recently criticized Ministry of Defense and the president over weapon procurement and supply. According to AntAC, Shabunin’s family home and work office were raided by the investigators without a court warrant and before Shabunin or his family could obtain legal representation. HRW provided details of actions against Shabunin, including a year-long smear campaign that portrayed Shabunin as a draft evader and led to online threats, doxxing, arson of his family home, and explosives planted under apartment doors of his relatives. He is currently is being investigated for evading military service and fraud. AntAC Executive Director Daria…

74. Canada top court affirms sex work-related offenses respect security rights

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The Supreme Court of Canada affirmed Thursday the constitutionality of sex work-related offenses. The court held that the impugned offenses do not infringe the right to security of sex workers under Section 7 of the Canadian Charter of Rights and Freedoms. The appeal concerned Criminal Code sections 286.2 and 286.3, which prohibit the procurement of sexual services and the obtainment of benefits from the purchase of sexual services. The court unanimously upheld the constitutionality of the provisions, ruling that they do not infringe the right to security of sex workers. The court reasoned that the offenses do not prevent sex workers from adopting safety measures, including using fixed indoor locations, hiring third-party security service providers or operating in cooperation with other sex workers. The bench considered the legislative background of the Protection of Communities and Exploited Persons Act. The court found that the provisions aim to reduce the demand for sex work…

75. It Was The Left Of Times, It Was The Right Of Times — See Also

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Wonder Which Law Schools Have The Strongest Political Skew?: Make your guesses then read this list! $200M Is A Little Too Late: Trump’s legal “wins” are getting overshadowed by huge media losses. Can’t Make This Up: Federal judge claws back opinion after discovering mistakes and misquotes. Looks like AI! Former Biglaw Partner Disbarred Over Illegal Sexting: The former Bryan Cave partner was caught attempting to sext a minor. Some Unexpected Success Indicators: Read up on these “FRETZINISMS” and thank us later. The post It Was The Left Of Times, It Was The Right Of Times — See Also appeared first on Above the Law.

76. Trump administration urges Supreme Court to pause order requiring payment of grants linked to DEI initiatives

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The Trump administration came once again to the Supreme Court on Thursday afternoon and asked the justices to pause an order by a federal court in Massachusetts that would require the National Institutes of Health to pay grants that NIH had terminated because they conflicted with the Trump administration’s “policy positions on diversity, equity, and inclusion.” U.S. Solicitor General D. John Sauer told the justices that the case “presents a particularly clear case for this Court to intervene and stop errant district courts from continuing to disregard this Court’s rulings.” The government relies on an April 4, 2025, order in which the Supreme Court temporarily allowed the Department of Education to halt millions of dollars in teacher-training grants that included funding for DEI initiatives. In an unsigned three-page opinion in that case, a divided court concluded that the government is likely to show that U.S. District Judge Myong…

77. Kidd & Zywicki on Public Choice Theory and Law

  • 3 weeks ago schedule
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Jeremy Kidd (Drake University - Law School) & Todd J. Zywicki (George Mason Law) have posted Public Choice Theory and Law (Entry In Elgar Concise Encyclopedia Of Legal Theory And Philosophy (Forthcoming)) on SSRN. Here is the abstract: Public choice theory applies economic principles—especially rational self-interest, incentive structures, and methodological individualism—to the study of political and legal institutions. While traditionally used to explain legislative and regulatory behavior, this entry explores how public choice insights apply more broadly across the legal landscape. Concepts such as concentrated benefits and dispersed costs, rational ignorance, and rent-seeking help explain how legal actors—judges, litigants, bureaucrats, and interest groups—interact within institutional constraints. The entry examines how these dynamics shape the evolution of litigation, the behavior of administrative agencies, and even constitutional…

78. Thanks To Our Advertisers

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We’d like to express gratitude to our fantastic sponsors here at Above the Law: AffiniPay Aon Axiom BARBRI Brightflag Caret Legal CobbleStone Software CosmoLex Definely Draftable  Filevine iManage Juno Kinney Recruiting Lateral Link LawPay LexisNexis LINK Linksquares Litera Mercator Mitratech MyCase NetDocuments Opus2 PracticePanther Reveal Data Rocket Matter SpotDraft Steno The Institute for Justice Thomson Reuters TimeSolv Wolters Kluwer If you’re interested in advertising on Above the Law or any other site in the Breaking Media network, please download our media kits or email advertising. The post Thanks To Our Advertisers appeared first on Above the Law.

79. Brazil president urged to reject environmental legislation weakening protections

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Human Rights Watch (HRW) on Thursday pleaded Brazilian President Luiz Inácio Lula da Silva to veto recently approved legislation that would significantly weaken environmental licensing requirements across the country. The group stressed that the bill undermines Brazil’s human rights and environmental obligations by weakening oversight of high-risk activities like fossil fuel production and cattle ranching in the Amazon, likely accelerating climate change. The organization also cautioned that, under the bill, disasters like the Brumadinho Dam collapse could occur again without proper environmental assessments, echoing concerns raised by over 350 civil society organizations. Maria Laura Canineu, deputy environment and human rights director at HRW, noted that “allowing projects to go forward without environmental impact assessments is a recipe for disaster.” She underscored how the bill threatens the health and livelihoods of affected communities. The…

80. Federal judge withdraws opinion after lawyer points out fake quotes, misstated case outcomes

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Federal judge withdraws opinion after lawyer points out fake quotes, misstated case outcomes

81. Rights group demands immediate release of Niger’s detained former president

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Human Rights Watch (HRW) urged Niger authorities on Wednesday to immediately release former president Mohamed Bazoum who remains in detention since being ousted two years ago in a military coup. The organization argued that the continued detention represents a violation of fundamental human rights and democratic principles and emphasized the broader concerns about democratic governance and political rights in the region. Illaria Allegrozzi, senior researcher at Human Rights Watch, stated: Niger’s military junta demonstrates its contempt for the rule of law every day it detains former President Bazoum and his wife. His politically motivated detention and prosecution discredit any junta claims to a more democratic Niger. HRW pointed out that the junta’s repression extends beyond Bazoum’s detention and recounted widespread crackdowns on political opposition, peaceful dissent and independent media. Bazoum is charged with high treason and plotting with the purpose…

82. CUNY Faculty Hiring Announcement

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Assistant, Associate, or Full Professor of Law FACULTY VACANCY ANNOUNCEMENT The City University of New York (CUNY) School of Law seeks several qualified (unitary) tenure track candidates across a broad curricular spectrum, including four faculty positions to teach in at least one of the following required courses: Civil Procedure, 1L Lawyering, Critical Race Theory, and Public Institutions (Administrative Law), and (preferably) at least one of the following elective areas: Immigration, Health, Environmental, and Employment/Labor Law. The ideal candidate will commit to teach one of the listed required courses and in one of the elective areas. The Committee will consider lateral appointments at all levels for qualified candidates. Appointments are to begin no later than Fall 2026. CUNY School of Law is a national leader in progressive legal education, being top ranked for public interest law and for clinical programs. CUNY is also the most diverse law school in the nation, in…

83. Epstein lawyer Roy Black, ‘GOAT of criminal defense lawyers,’ dies at 80

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Epstein lawyer Roy Black, ‘GOAT of criminal defense lawyers,’ dies at 80

84. Court Kicks Lawyers Off Case After Finding Fake AI Cases In Filings

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Back in May, Butler Snow received a particularly irate order to show cause. The firm represented the Alabama Department of Corrections in case where an inmate was stabbed 20 times — not 20 times in one sitting, 20 different times — and the inmate objected to the timing of a proposed deposition noting that the Corrections filing “appears to have fabricated citations to legal authority in his motion for leave, ‘possibly through the use of generative artificial intelligence,'” as the order explained. Judge Anna Manasco just issued her decision on this one and it’s 51 pages of hot fire. When the dust settled, three attorneys — two partners and an of counsel — earned a public reprimand, got disqualified from the case, and referred to the state bar. The court also went out of its way to release without sanction the associates on the case and the firm itself. In a profession where accolades accumulate at the top and…

85. Crime and Punishment Online: Evaluating the TAKE IT DOWN Act

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Large language models (LLMs) have become a major touchpoint at the state and local level in recent years. LLMs’ ability to create images, videos, music, writing, and other artistic works of varying social value has sparked a rush across the states to introduce legislation and regulations to limit the possible harms that might ensue. More recently, that rush has also extended to the federal level. In May, President Donald Trump signed S. 146, the TAKE IT DOWN Act (formally, the “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act.”) Sponsored by Senate Commerce Committee Chair Ted Cruz (R-Texas), the law focuses on harms arising from so-called “revenge porn,” in which either genuine photos or video or “digital forgeries” intended to look like real persons are shared online without the subject’s consent.  Sen. Chris Coons (D-Del.) has also introduced S. 1367, the NO FAKES Act…

86. Jveon Jones Mayfield Heights, OH Apartment Complex Shooting. Security Negligence?

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Security Failure? Jveon Jones Shooting Mayfield Heights.  We have over 25 years of experience representing victims of security failures across the United States, and we have recovered nearly $250 million dollars for our Clients.  Read Our Legal Take below to find out what legal options are available to the family of Jveon Jones. Jveon Jones Killed in Mayfield Heights, OH Apartment Complex Shooting. (WKYC.com) Mayfield Heights, OH – Gunfire rang out at an apartment complex Tuesday night, July 22, 2025, leaving one young man dead. As reported by WKYC.com, “officers were called around 9:45 p.m. to [apartments] at 6811 Mayfield Road, where they found a man dead in a fourth-floor hallway.” Cleveland19.com is reporting, “[t]he Cuyahoga County Medical Examiner identified the man as Jveon A. Jones of Euclid.” The investigation is ongoing. Legal Options Available to Family of Jveon Jones? OUR LEGAL TAKE FORMER CLIENT: I had lawyers…

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