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Articles 1 - 30 of 525
Full-Text Articles in Entire DC Network
2019 Annual Platform Survey: Tackling Undeclared In The Collaborative Economy And Bogus Self-Employment, Data Exchange And Data Protection, And Cross-Border Sanctions, Colin C. Williams
2019 Annual Platform Survey: Tackling Undeclared In The Collaborative Economy And Bogus Self-Employment, Data Exchange And Data Protection, And Cross-Border Sanctions, Colin C. Williams
Colin C Williams
Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg
Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Free Trade In Patented Goods: International Exhaustion For Patents, Sarah R. Wasserman Rajec
Free Trade In Patented Goods: International Exhaustion For Patents, Sarah R. Wasserman Rajec
Sarah R. Wasserman Rajec
Modern international trade law seeks to increase global welfare by lowering barriers to trade and encouraging international competition. This “free trade” approach, while originally applied to reduce tariffs on trade, has been extended to challenge non-tariff barriers, with modern trade agreements targeting telecommunication regulations, industrial and product safety standards, and intellectual property rules. Patent law, however, remains inconsistent with free-trade principles by allowing patent holders to subdivide the world market along national borders and to forbid trade in patented goods from one nation to another. This Article demonstrates that the doctrines thwarting free trade in patented goods are protectionist remnants …
The Need For A Law Of Church And Market, Nathan B. Oman
The Need For A Law Of Church And Market, Nathan B. Oman
Nathan B. Oman
This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …
Markets As A Moral Foundation For Contract Law, Nathan B. Oman
Markets As A Moral Foundation For Contract Law, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Indiana And Doux Commerce, Nathan B. Oman
In Israeli-Palestinian Conflict, Could Commerce Foster Trust, Tolerance, And Peace?, Nathan B. Oman
In Israeli-Palestinian Conflict, Could Commerce Foster Trust, Tolerance, And Peace?, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Gop Tax Policy Should Ditch Keynes For Hayek, Nathan B. Oman
Gop Tax Policy Should Ditch Keynes For Hayek, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman
Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman
Nathan B. Oman
Recent cases involving religious businesses owners who object to providing services for same-sex weddings and resulting lawsuits have generated a vigorous academic and popular debate. That debate centers in part on the proper role of religion in the market. This article develops three theories of the proper relationship between commerce and religion and applies them to these conflicts. The first approach would apply the norms of liberal democratic governments to market actors. The second approach posits that any market outcome is legitimate so long as it results from voluntary contracts. These approaches yield contradictory and indeterminate advice on the conflicts …
Scamlaw And The Macroeconomy, Alan J. Meese
Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese
Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese
Alan J. Meese
No abstract provided.
Property Rights And Intrabrand Restraints, Alan J. Meese
Property Rights And Intrabrand Restraints, Alan J. Meese
Alan J. Meese
Intrabrand restraints limit the discretion of one or more sellers-usually dealers-with respect to the disposition of a product sold under a single brand. While most scholars believe that such contracts can help assure optimal promotion of a manufacturer's products, there is disagreement about the exact manner in which such restraints accomplish this objective. Many scholars believe that such restraints themselves induce dealers to engage in promotional activities desired by the manufacturer. Others believe that such restraints merely serve as "performance bonds," which dealers will forfeit if they fail to follow the manufacturer's precise promotional instructions. Some scholars reject both approaches, …
Monopolization, Exclusion, And The Theory Of The Firm, Alan J. Meese
Monopolization, Exclusion, And The Theory Of The Firm, Alan J. Meese
Alan J. Meese
No abstract provided.
Price Theory And Vertical Restraints: A Misunderstood Relation, Alan J. Meese
Price Theory And Vertical Restraints: A Misunderstood Relation, Alan J. Meese
Alan J. Meese
The Chicago School of antitrust analysis has exerted a strong influence over the law of vertical restraints in the past two decades, leading the Supreme Court to abandon much of its traditional hostility toward such agreements. Chicago's success has provoked a vigorous response from Populists, who support the traditional approach. Chicago, Populists claim, has improperly relied upon neoclassical price theory to inform the normative and descriptive assumptions that drive its analysis of trade restraints generally and of vertical restraints in particular. This reliance is misplaced, Populists assert, because the real world departs from that portrayed by price-theoretic models and, at …
Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese
Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese
Alan J. Meese
No abstract provided.
Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese
Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese
Alan J. Meese
No abstract provided.
Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese
Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese
Alan J. Meese
No abstract provided.
Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese
Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese
Alan J. Meese
No abstract provided.
The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason
The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason
Eric D. Chason
No abstract provided.
When Y2k Causes "Economic Loss" To "Other Property", Peter A. Alces, Aaron S. Book
When Y2k Causes "Economic Loss" To "Other Property", Peter A. Alces, Aaron S. Book
Peter A. Alces
No abstract provided.
Windfalls, Eric Kades
The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades
Eric A. Kades
No abstract provided.
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Eric A. Kades
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
Will Marriage Promotion Work?, Vivian E. Hamilton
Will Marriage Promotion Work?, Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan
The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan
Srividhya Ragavan
No abstract provided.
Public Choice Revisited, Daniel A. Farber, Philip P. Frickey
Public Choice Revisited, Daniel A. Farber, Philip P. Frickey
Daniel A Farber
Although not the first book on public choice_ for a legal audience, Max Stearns's Public Choice and Public Law is the first full-scale textbook for law school use. An ambitious undertaking by a rising young scholar, the book provides law students with a comprehensive introduction to public choice. Public choice - essentially, the application of economic reasoning to political institutions - has become a significant aspect of public law scholarship. Indeed, in his Foreword, Saul Levmore hails public choice as "[t]he most exciting intellectual development in law schools in the last decade" (p. xi). Be that as it may, the …
Beyond The North-South Dichotomy In International Climate Law: The Distinctive Adaptation Responsibilities Of The Emerging Economies, Daniel Farber
Beyond The North-South Dichotomy In International Climate Law: The Distinctive Adaptation Responsibilities Of The Emerging Economies, Daniel Farber
Daniel A Farber
No abstract provided.
Tackling Undeclared Work Across Europe: Effective Solutions For Policy-Makers, Colin C. Williams
Tackling Undeclared Work Across Europe: Effective Solutions For Policy-Makers, Colin C. Williams
Colin C Williams
Shadows: Tackling Undeclared Work In The European Union, Ioana Horodnic, Colin C. Williams
Shadows: Tackling Undeclared Work In The European Union, Ioana Horodnic, Colin C. Williams
Colin C Williams
Tax Abatement Disclosures: An Exploratory Study Of Professional's Perceptions And Early Disclosures Of Gasb Statement No. 77, M. Fischer, Amy Foshee Holmes
Tax Abatement Disclosures: An Exploratory Study Of Professional's Perceptions And Early Disclosures Of Gasb Statement No. 77, M. Fischer, Amy Foshee Holmes
Amy Holmes
The Governmental Accounting Standards Board (GASB) adopted Statement No. 77 requiring government disclosure of tax abatements in audited financial reports for years beginning after December 15, 2015. This paper reports survey findings provided by accounting and finance professionals (practitioners) regarding their tax abatement reporting perceptions. We then review early implementation of the abatement disclosure and find the disclosed information does not meet the practitioner’s expectations. Our findings fill a gap in state and local financial reports as it appears the new disclosure requirement does not fulfill the Board’s reporting transparency expectation goals.