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TONJA JACOBI

2017

Papers

September 2017

Periodical Articles

March 2017

2016

Periodical Articles

December 2016

  • Miranda 2.0 in 50 UC DAVIS LAW REVIEW 1 (2016).

July 2016

  • A Theory of Judicial Retirement in 17 AMERICAN LAW AND ECONOMICS REVIEW 529 (2015) (Co-authored by: Alvaro Bustos).

June 2016

  • The Second Dimension of the Supreme Court in 57 WILLIAM & MARY LAW REVIEW 1671 (2016) (Co-authored by: Joshua Fischman).

January 2016

  • Why Judges Always Vote in 43 INTERNATIONAL REVIEW OF LAW AND ECONOMICS 190 (2015) (Co-authored by: Eugene Kontorovich).

2015

Periodical Articles

September 2015

  • Creating a Self-Stabilizing Constitution: The Role of the Takings Clause in 110 NORTHWESTERN UNIVERSITY LAW REVIEW 601 (2015) (Co-authored by: Sonia Mittal and Barry Weingast).

July 2015

  • Communicating Judicial Retirement in 43 INTERNATIONAL REVIEW OF LAW AND ECONOMICS 107 (2015) (Co-authored by: Alvaro Bustos).

April 2015

  • Criminal Innovation and the Warrant Requirement: Reconsidering the Rights-Police Efficiency Trade-Off in 56 WILLIAM AND MARY LAW REVIEW 759 (2015).

SSRN

September 2015

2014

Contributions to Books etc.

February 2014

  • A Strategy of Increasing Judicial Power in NFIB v. Sebelius in The Affordable Care Act: Philosophical and Legal Implications, edited by Fritz Allhoff and Mark Hall (Routledge 2014) at Pages 89-102.

Periodical Articles

August 2014

  • Strategic Judicial Preference Revelation in 30 JOURNAL OF LAW AND ECONOMICS 113-137 (Co-authored by: Alvaro Bustos).

July 2014

  • The Attrition of Rights under Parole in 87 SOUTHERN CALIFORNIA LAW REVIEW 887-976 (2014) (Co-authored by: Song Richardson, and Gregory Barr).

February 2014

  • Obamacare as a Window on Judicial Strategy in 80 TENNESSEE LAW REVIEW 763-845.

2013

Contributions to Books etc.

September 2013

  • The Exclusionary Rule: Its Effect on Innocence and Guilt in The Constitution and the Future of Criminal Justice in America, edited by John T. Parry and L. Song Richardson (Cambridge University Press 2013).

Periodical Articles

November 2013

  • The Filibuster and Reconciliation: The Future of Majoritarian Lawmaking in the U.S. Senate in 47 UC DAVIS LAW REVIEW 261 (2013) (Co-authored by: Jeff Vandam).

September 2013

  • The Attrition of Rights under Parole in 87 SOUTHERN CALIFORNIA LAW REVIEW (forthcoming 2014) (Co-authored by: Song Richardson and Gregory Barr).
  • Strategic Judicial Preference Revelation in 57 JOURNAL OF LAW AND ECONOMICS (forthcoming 2014) (Co-authored by: Alvaro Bustos).

February 2013

  • League Structure & Stadium Rent Seeking—The Role of Antitrust Revisited in 65 FLORIDA LAW REVIEW 1-72 (2013) (Co-authored by: David Haddock, and Matthew Sag).

2012

Periodical Articles

January 2012

  • A Positive Political Theory of Rules and Standards in 2012 UNIVERSITY OF ILLINOIS LAW REVIEW 1 (Co-authored by: Emerson Tiller, and Frank Cross).

2011

Periodical Articles

December 2011

  • The Law and Economics of the Exclusionary Rule in 87 NOTRE DAME LAW REVIEW 585 (2012).

2010

Contributions to Books etc.

October 2010

  • The Judiciary in Public Choice and Public Law, edited by Dan Farber and Anne Joseph O’Connell.
  • Research Handbooks in Law and Economics Series, edited by Richard Posner and Francesco Parisi (Edward Elgar Publishing 2010).

Periodical Articles

November 2010

  • The Strategic Analysis of Judicial Decisions in 6 ANNUAL REVIEW OF LAW & SOCIAL SCIENCE 341-358 (2010) (Co-authored by: Lee Epstein ).

January 2010

  • How the Dissent Becomes the Majority: Using Federalism to Transform Coalitions in the U.S. Supreme Court in 59 DUKE LAW JOURNAL 183-283 (2009) (Co-authored by: Vanessa Baird ).

2009

Periodical Articles

October 2009

  • Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases in 98 GEORGETOWN LAW JOURNAL 1-75 (2009) (Co-authored by: Matthew Sag ).

September 2009

  • Competing Models of Judicial Coalition Formation and Case Outcome Determination in 1 JOURNAL OF LEGAL ANALYSIS 411-458 (2009).

August 2009

  • Judicial Agenda Setting through Signaling and Strategic Litigant Responses in 29 JOURNAL OF LAW AND POLICY 215-239 (2009) (Co-authored by: Vanessa A. Baird ).
  • Ideology and Exceptionalism in Intellectual Property: An Empirical Study in 97 CALIFORNIA LAW REVIEW 801-856 (2009) (Co-authored by: Matthew Sag and Maxim Sytch).

April 2009

  • The Role of Politics and Economics in Explaining Variation in Litigation Rates in the U.S. States in 38 JOURNAL OF LEGAL STUDIES 205-233 (2009).

2008

Periodical Articles

November 2008

  • Super Medians in 61 STANFORD LAW REVIEW 37-99 (2008) (Co-authored by: Lee Epstein ).

February 2008

  • The Judicial Signaling Game: How Judges Strategically Shape Their Dockets in 16 SUPREME COURT ECONOMIC REVIEW 1-38 (2008).
  • Acknowledging Guilt: Forcing Self-Identification in Post-Conviction DNA Testing in 102 NORTHWESTERN UNIVERSITY LAW REVIEW 263-306 (2008) (Co-authored by: Gwendolyn Carroll).

2007

Periodical Articles

May 2007

January 2007

  • How Massachusetts Got Gay Marriage: The Intersection of Popular Opinion, Legislative Action, and Judicial Power in 15 JOURNAL OF CONTEMPORARY LEGAL ISSUES 219-241 (2006).

2006

Contributions to Books etc.

September 2006

  • Cruel and Unusual Punishment in The Encyclopedia of American Civil Liberties (Routledge 2006).

August 2006

  • The New Separation of Powers: Integrating the Study of American Politics in Handbook of Political Economy, edited by Barry R. Weingast and Donald Wittman (Oxford University Press 2006) (Co-authored by: Rui de Figueiredo, and Barry R. Weingast ).

Periodical Articles

May 2006

  • Sharing the Love: The Political Power of Remedial Delay in Same-Sex Marriage Cases in 15 LAW & SEXUALITY 11-58 (2006).

January 2006

  • The Impact of Positive Political Theory on Old Questions of Constitutional Law and the Separation of Powers in 100 NORTHWESTERN UNIVERSITY LAW REVIEW 259-278 (2006).

2005

Periodical Articles

May 2005

  • The Senatorial Courtesy Game: Explaining the Norm of Informal Vetoes in Advice and Consent Nominations in 30 LEGISLATIVE STUDIES QUARTERLY 193 (2005).

2002

Periodical Articles

July 2002

  • Same-Sex Marriage: Implications of Legislative Remand for the Judiciary’s Role in 26 VERMONT LAW REVIEW 381-406 (2002).