Permitting Prohibitions
研究立法禁止可能反而增加法院允许相关未被明确禁止行为的概率，并发现法院判决的分散性在低遵从度立法下可能比无遵从度立法时更大。
We propose a model in which the probability that courts will enforce a statute is endogenous to the statute. We find, first, that the enactment of legislation prohibiting something might increase the probability that courts will allow related acts that are not expressly forbidden. We call that a permitting prohibition and discuss examples that are consistent with the model. Second, we find that dispersion of courts’ decisions might be greater with legislation that commands little deference from courts than with legislation that commands none. Thus, within a certain range, improvement of legislation might trade off with courts’ predictability.