Administrative / Constitutional Law Law

Research Handbook on Law and Time

Edited by Frank Fagan · Saul Levmore
Edward Elgar Publishing March 2025

Specifications

ISBN-13
9781035316755
Publisher
Edward Elgar Publishing
Publication
March 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

Introduction to the Research Handbook on Law and Time 1
Frank Fagan and Saul Levmore

PART I. ORGANIZING AND INTERPRETING TIME
1.
Coordination, conflict, and the laws of time 9
Daniel J. Hemel and Matthew Hamilton
2.
Moral and evidentiary statutes of limitations 38
Frank Fagan
3.
Temporary justices 49
4.
The dynamic dilemma: dynamics and disuniformity in statutory interpretation 73
Jonah B. Gelbach
5.
Time and contract interpretation: lessons from machine learning 112

PART II. INFORMATION, PATH DEPENDENCE, AND THE DILEMMA OF WAITING
6.
Timing the regulatory tightrope 134
Adriana Z. Robertson
7.
One (more) virtue of temporary law 149
8.
Litigation scar tissue and construction costs 168
Diego A. Zambrano
9.
Leveraging information forcing in good faith 195

PART III. EQUITY AND COMPROMISE
10.
Time distortions in the income tax system: the 2024 proposals to chip away at the realization privilege 218
Julie A. Roin
11.
Time is, time was: evaluating the use of the life cycle model as a fiscal policy tool 235
Daniel Shaviro
12.
Timing rules and legislative compromise 256
13.
Temporary Covid laws 278
Ittai Bar-Siman-Tov, Daniel Shtauber, Gaya Harari-Heit and Gonen Ilan

PART IV. MODEST CHANGE AND THE COST OF TIME
14.
Intellectual property and time: a behavioral example 303
15.
The attenuation of legal change 319
Luigi Alberto Franzoni
16.
Modest instability over time: from law to religions and universities 328
Saul Levmore
17.
Reconsidering litigation delay 333
Abdi Aidid and Anthony Niblett
18.
Lost time: paying for delays associated with labor strikes and traffic jams 353
Saul Levmore
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