That (i.e., the title of this post) was the title of an interesting-looking symposium that was held at the NYU Law School last month. I wish I’d known about it in advance; I would have gone. Papers from the symposium will be published in The Journal of Law and Liberty, in an issue due out in late summer.
For me, the most interesting parts of the symposium are the keynote address (by Richard Epstein) and the first panel (featuring Larry Solan, Peter Tiersma, and Scott Soames.)