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New York University Annual Survey of American Law E Okuiest Nulsre Faeia a 2014 New York of American Law University Annual Survey nys70-1_cv_nys70-1_cv 3/2/2015 12:06 PM Page 2 Vol. 70 No. 1 Vol. New York University Annual Survey of American Law New York University Annual Survey of American LawNew York 2014 DEDICATION TO JUDGE GUIDO CALABRESI TRIBUTES Introduction by Dean Richard L. Revesz Introduction by Ted Kelly Chief Judge Robert A. Katzmann Kenji Yoshino Akhil Amar Vincenzo Varano Kenneth S. Abraham Chief Judge Judith S. Kaye Acknowledgment by Judge Guido Calabresi ARTICLES THE REGULATION OF SENTENCING DECISIONS: WHY INFORMATION DISCLOSURE IS NOT SUFFICIENT, AND WHAT TO DO ABOUT IT W.C. Bunting A SCHOLAR ON THE BENCH: A CONVERSATION WITH GUIDO CALABRESI Vittoria Barsotti Volume 70 Issue 1 2014 36095-nys_70-1 Sheet No. 1 Side A 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 1 3-MAR-15 17:32 NEW YORK UNIVERSITY ANNUAL SURVEY OF AMERICAN LAW VOLUME 70 ISSUE 1 36095-nys_70-1 Sheet No. 1 Side A 03/04/2015 07:12:55 NEW YORK UNIVERSITY SCHOOL OF LAW ARTHUR T. VANDERBILT HALL Washington Square New York City 36095-nys_70-1 Sheet No. 1 Side B 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 2 3-MAR-15 17:32 New York University Annual Survey of American Law is in its seventy-second year of publication. L.C. Cat. Card No.: 46-30523 ISSN 0066-4413 All Rights Reserved New York University Annual Survey of American Law is published quarterly at 110 West 3rd Street, New York, New York 10012. Subscription price: $30.00 per year (plus $4.00 for foreign mailing). Single issues are available at $16.00 per issue (plus $1.00 for foreign mailing). For regular subscriptions or single issues, contact the Annual Survey editorial office. Back issues may be ordered directly from William S. Hein & Co., Inc., by mail (1285 Main St., Buffalo, NY 14209-1987), phone (800- 36095-nys_70-1 Sheet No. 1 Side B 03/04/2015 07:12:55 828-7571), fax (716-883-8100), or email ([email protected]). Back issues are also available in PDF format through HeinOnline (http://heinonline.org). All works copyright © 2014 by the author, except when otherwise expressly indicated. For permission to reprint an article or any portion thereof, please address your written request to the New York University Annual Survey of American Law. Copyright: Except as otherwise provided, the author of each article in this issue has granted permission for copies of that article to be made for classroom use, provided that: (1) copies are distributed to students at or below cost; (2) the author and journal are identified on each copy; and (3) proper notice of copyright is affixed to each copy. Manuscripts: The Annual Survey invites the submission of unsolicited manuscripts. Text and citations should conform to the 19th edition of A Uniform System of Citation. Please enclose an envelope with return postage if you would like your manuscript returned after consideration. Editorial Office: 110 West 3rd Street, New York, N.Y. 10012 (212) 998-6540 (212) 995-4032 Fax http://www.annualsurveyofamericanlaw.org 36095-nys_70-1 Sheet No. 2 Side A 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 3 3-MAR-15 17:32 For what avail the plough or sail Or land or life, if freedom fail? EMERSON 36095-nys_70-1 Sheet No. 2 Side A 03/04/2015 07:12:55 36095-nys_70-1 Sheet No. 2 Side B 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 4 3-MAR-15 17:32 36095-nys_70-1 Sheet No. 2 Side B 03/04/2015 07:12:55 iv 36095-nys_70-1 Sheet No. 3 Side A 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 5 3-MAR-15 17:32 NEW YORK UNIVERSITY ANNUAL SURVEY OF AMERICAN LAW 2014–2015 BOARD OF EDITORS Editor-in-Chief CHRISTINA T. LIU Managing Editors MEGAN GRAHAM JUNINE SO Development Editors Executive Article Editors Senior Articles Editor JORDAN CHISOLM PAUL S. BALIK DARYL L. KLEIMAN OLIVER J. RICHARDS ELIZABETH BUECHNER CHRISTOPHER W. HUGHES Note Editors COLIN HUSTON-LITER RYAN H. GERBER MICHAEL LU Symposium Editor BENJAMIN P.D. MEJIA JENNIFER SAECKL MICHAEL R. ROBERTS SARAH E. SCHUSTER SHARON STEINERMAN Article Editors K. DANIEL BERMAN MAUREEN HOWLEY ALLISON C. NICHOLS CATHERINE Y. CHEN FRANCIS JOYNER EMILY NIX PATRICK K. CHILELLI HEATHER KANTER NEAL PERLMAN DAVID A. CIOS JORDAN KASS ROSE C. PLAGER-UNGER BOAZ COHEN DOUGLAS KEITH RAFAEL REYNERI HARRY FIDLER SEAN KIM MICHAEL ROMAIS CALEB J. FOUNTAIN CHRISTOPHER K. LEUCHTEN DANIEL SCHWARTZ WILLIAM E. FREELAND ROBERT N. LICALZI REYHAN A. WATSON HALEY E. GARRETT JOSHUA LOBERT SARAH WEISSMAN 36095-nys_70-1 Sheet No. 3 Side A 03/04/2015 07:12:55 REBECCA GUITERMAN JULIENNE MARKEL ELIZABETH WILKERSON JONNAH HOLLANDER SUSAN E. MILLER JOSEPHINE YOON KATHERINE V. MITCHELL Staff Editors GREGORY A. ARUTIUNOV BRENDAN INMAN LILY A. PICON SAMUEL J. BECKERMAN DANIEL KACINSKI SCOTT E. ROSENTHAL SOPHIA BERTRAN NAOMI D. KAPLAN DANIEL RUDOFSKY AMENEH BORDI ANDREW M. KAUFMAN ANDREW H. SENTER ALEXIA BOYARSKY KYLE LACHMUND JEREMY B. SIMON ERIN L. CHIZNER ZACH D. LANIER GEORGIA V. STASINOPOULOS PATRICK CORDOVA ALEXANDER LEVINE DANIEL M. STONE MATTHEW DALY-GRAFSTEIN MARTHA L. LISKOW MALLORY B. SUEDE MALLORY W. EDEL FERNANDO A. MARTINEZ´ WEIXIAO SUN JONATHAN D. FLACK JACOB K. MILLIKIN EMMA TROTTER MAX GEKTIN EDWARD MINTURN NATHAN H. TRUNNELL KAITLYN GOSEWEHR HARRY P. MORGENTHAU SUSAN WANG SCOTT G. GREENE CHARLES F. O’TOOLE SARAH WARBURG-JOHNSON JACLYN A. HALL EVAN ORMAN AUSTIN WILKINS IAN C.J. HOGG RESHAMA PATEL MATTHEW J. WILKINS JONATHAN HUTCHINSON NICHOLAS J. PELLEGRINO BIANCA L. WONG DIANA J. HYUN NICOLE J. YOON 36095-nys_70-1 Sheet No. 3 Side B 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 6 3-MAR-15 17:32 36095-nys_70-1 Sheet No. 3 Side B 03/04/2015 07:12:55 vi 36095-nys_70-1 Sheet No. 4 Side A 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 7 3-MAR-15 17:32 This Volume of New York University Annual Survey of American Law is respectfully dedicated to JUDGE GUIDO CALABRESI 36095-nys_70-1 Sheet No. 4 Side A 03/04/2015 07:12:55 36095-nys_70-1 Sheet No. 4 Side B 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 8 3-MAR-15 17:32 36095-nys_70-1 Sheet No. 4 Side B 03/04/2015 07:12:55 JUDGE GUIDO CALABRESI 36095-nys_70-1 Sheet No. 5 Side A 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 9 3-MAR-15 17:32 JUDGE GUIDO CALABRESI Judge Guido Calabresi is a senior judge on the U.S. Court of Appeals for the Second Circuit, an internationally renowned legal scholar, and an extraordinary professor, mentor, and friend. Judge Calabresi was born in Milan, Italy in 1932 and moved to the United States when he was six years old. He received a B.S. in analytical economics from Yale College, where he was an under- graduate; a B.A. from Oxford University, where he was a Rhodes Scholar; an LL.B. from Yale Law School, where he was first in his graduating class; and an M.A. in politics, philosophy, and econom- ics from Oxford University. After clerking for Justice Hugo Black of the U.S. Supreme Court, Judge Calabresi returned to Yale Law School, first to teach Constitutional Litigation and Torts, and later to serve as its dean. In 1994, he was nominated by President William J. Clinton and confirmed by the Senate as a judge on the Second Circuit Court of Appeals, where he assumed senior status in 2009. He has written five books and over one hundred articles on law and related subjects, and has received approximately fifty honorary de- grees from academic universities. As the founder of the law and economics movement, Judge Calabresi introduced economic principles, analyses, and implica- tions to the legal scholarship and expanded Ronald Coase’s pivotal ideas into a new and powerful framework for examining legal rules, their underlying rationales, and their effects on behavior and in- centives in the real world. Judge Calabresi brought the well-known economic concepts of risk distribution, transaction costs, and Coa- sian efficiency to the field of tort law; published groundbreaking 36095-nys_70-1 Sheet No. 5 Side A 03/04/2015 07:12:55 papers on cost-benefit analysis, property rules, and liability rules; and revolutionized how legal academics, professors, and students across the world understand tort liability, incentives, and remedies. In addition to being recognized for his immense intellectual contributions to the legal field, Judge Calabresi is known by his stu- dents and his peers as a warmly approachable, humorously jovial, and deeply compassionate teacher, colleague, and friend. His stu- dents and law clerks fondly remember his playful “Guidoisms,” his animated lectures, and his insightful brilliance in the classroom. His fellow professors and jurists from the bench speak affection- ately of his perspicacious mind, his quick wit, his kind heart, and his generous spirit. Guido Calabresi is an exceptional legal figure who has en- dowed the legal scholarship, institution, and community with his intellectual accomplishments, his cheerful accessibility, and, most of all, his enormous humanity. 36095-nys_70-1 Sheet No. 5 Side B 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 10 3-MAR-15 17:32 DEDICATEES OF NYU ANNUAL SURVEY OF AMERICAN LAW 1942 Harry Woodburn Chase 1977 Charles D.
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