William Baude (University of Chicago Law School) has posted The Jerome Hall Lecture: Beyond Tit-For-Tat on SSRN. Here is the abstract:
Constitutional law is about setting the rules of the game, naturally posing the question of what incentive parties have to obey these rules over time and what they should do if the other side does not. The “tit-for-tat” strategy, popularized from various game theoretic accounts, provides a powerful story of how targeted retaliation can promote long-term rule-following. But, alas, as things stand today, there are multiple reasons to think that in constitutional law a tit-for-tat strategy will not work.
Highly Recommended!
To receive new posts from Legal Theory Blog by email, get a free subscription to Legal Theory Stack.
Lawrence Solum