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This Research Handbook explores the interactions between law and time, demonstrating how both are pivotal in the organization of human activities, including legal proceedings and societal functions. The book expands upon the structural relationship between law and time, examining how societies and legal systems coordinate around timing conventions and how the use of time constraints can alter litigation and deter socially destructive behavior. Expert contributors evaluate transition and timing rules, analyzing the ‘dilemma of waiting’, delayed implementation, the use of temporary laws in emergency situations, and third-party losses arising from delays. They also investigate practical issues such as mandatory retirement, how statutes of limitations work, and the impact of legal developments over time.Illustrating the importance of time in legal processes and decision-making, the Research Handbook on Law and Time is an essential resource for students and scholars of constitutional and administrative law, legal philosophy, and legal theory. It is also beneficial to policymakers, judges, and practitioners in economics and political science.
Edited by Frank Fagan, Professor of Law, South Texas College of Law Houston and Saul Levmore, William B. Graham Distinguished Service Professor of Law, University of Chicago Law School, USA
ContentsIntroduction to the Research Handbook on Law and Time 1Frank Fagan and Saul LevmorePART I ORGANIZING AND INTERPRETING TIME 1 Coordination, conflict, and the laws of time 9Daniel J. Hemel and Matthew Hamilton2 Moral and evidentiary statutes of limitations 38Frank Fagan3 Temporary justices 49Jacob Gersen and Jeannie Suk Gersen4 The dynamic dilemma: dynamics and disuniformity in statutory interpretation 73Jonah B. Gelbach5 Time and contract interpretation: lessons from machine learning 109Yonathan A. ArbelPART II INFORMATION, PATH DEPENDENCE, AND THE DILEMMA OF WAITING 6 Timing the regulatory tightrope 131Adriana Z. Robertson7 One (more) virtue of temporary law 146Tom Ginsburg, Jonathan S. Masur and Richard H. McAdams8 Litigation scar tissue and construction costs 165Diego A. Zambrano9 Leveraging information forcing in good faith 192Hillary A. Sale PART III EQUITY AND COMPROMISE 10 Time distortions in the income tax system: the 2024 proposals to chip away at the realization privilege 215Julie A. Roin11 Time is, time was: evaluating the use of the life cycle model as a fiscal policy tool 232Daniel Shaviro12 Timing rules and legislative compromise 253Daniel A. Farber13 Temporary COVID laws 275Ittai Bar-Siman-Tov, Daniel Shtauber, Gaya Harari-Heit and Gonen IlanPART IV MODEST CHANGE AND THE COST OF TIME 14 Intellectual property and time: a behavioral example 297Daniela Sele and Stefan Bechtold15 The attenuation of legal change 313Luigi Alberto Franzoni16 Modest instability over time: from law to religions and universities 322Saul Levmore17 Reconsidering litigation delay 327Abdi Aidid and Anthony Niblett18 Lost time: paying for delays associated with labor strikes and traffic jams 347Saul LevmoreIndex 363
‘This Research Handbook is a fascinating treatment of a broad range of topics in law and legal institutions, using time as its organizing theme. Each chapter adds a novel and intriguing twist in this thread, with diverse applications that will engage readers across many fields of law and policy.’