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Articles 1 - 30 of 99
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The Historical Background Of The Communist Manifesto, George R. Boyer
The Historical Background Of The Communist Manifesto, George R. Boyer
George R. Boyer
[Excerpt] The Manifesto of the Communist Party, published 150 years ago in London in February 1848, is one of the most influential and widely-read documents of the past two centuries. The historian A. J. P. Taylor (1967, p. 7) has called it a "holy book," and contends that because of it, "everyone thinks differently about politics and society." And yet, despite its enormous influence in the 20th century, the Manifesto is very much a period piece, a document of what was called the "hungry" 1840s. It is hard to imagine it being written in any other decade of the 19th …
The Poor Law, Migration, And Economic Growth, George R. Boyer
The Poor Law, Migration, And Economic Growth, George R. Boyer
George R. Boyer
The loss to the English economy caused by decreased migration resulting from relief payments to agricultural laborers is estimated. I conclude that, at worst, the Poor Law had a small negative impact on national product. If poor relief and wages were substitutes, the Poor Law may have had a positive impact on capital formation and economic growth.
New Estimates Of British Unemployment, 1870-1913, George R. Boyer, Timothy J. Hatton
New Estimates Of British Unemployment, 1870-1913, George R. Boyer, Timothy J. Hatton
George R. Boyer
We present new estimates of the British industrial unemployment rate for 1870- 1913, which improve on the Board of Trade's prior estimates. We use similar sources, but our series includes additional industrial sectors, allows for short-time working, and aggregates the various sectors using appropriate labor-force weights from the census. The resulting index suggests a rate of industrial unemployment that was generally higher, but less volatile, than the board's index. We then adjust our series to an economywide basis, and construct a consistent time series of overall unemployment for 1870-1999.
The Massachusetts Environmental Industry: Facing The Challenges Of Maturity, Betty J. Diener, David Terkla, Erick Cooke
The Massachusetts Environmental Industry: Facing The Challenges Of Maturity, Betty J. Diener, David Terkla, Erick Cooke
David G. Terkla
For most of the past 20 years, the environmental industry has been a very significant one, both in Massachusetts and across the country. Some have placed it alongside the electronics, computer hardware, software, biotechnology, fiber optics, and composite materials industries as part of the high-technology sector that has diversified and strengthened the state’s economy. Nationally, environmental industry employment exceeded that of several major manufacturing industries, including chemicals, paper, and aerospace. In the late 1990s, however, the momentum of the environmental movement began to wane. A decline in both employment and sales suggests that many of the most pressing environmental concerns …
How Can Open Source And Closed Source Software Business Structures Mutually Exist, Yugank Goyal, Padmanabha Ramanujam
How Can Open Source And Closed Source Software Business Structures Mutually Exist, Yugank Goyal, Padmanabha Ramanujam
Yugank Goyal
The phenomenon of producing Open Source Software based on unconstrained access to source code and the swift growth of the open source business structure of producing software fuelled by Linux Operating System and Apache Web Server have raised important questions, which are of immense scholastic interest. Accordingly many scholars in the last few years have endeavoured to clarify as to why thousands of top-quality programmers contribute freely to an open source product which is a public good. However, there has hardly been any attempt to explain how open source and closed source business structure of producing software can coexist. This …
Tripartism In Ireland, Jon Foster
Tripartism In Ireland, Jon Foster
Jon Foster
Over the past few years, the term “PIIGS” has become synonymous with economic concerns and fears of collapse. The acronym, which currently refers to the European countries of Portugal, Italy, Ireland, Greece, and Spain: was originally just ‘PIGS’ , used to group the similar economies of Southern Europe when considering them for acceptance into the European Monetary Union. Nevertheless, as a result of the global financial crisis, this term soon came to identify economically weak and overly indebted nations. However, unlike Italy, Greece, and Portugal, who had before the crisis demonstrated relatively slow growth, modest unemployment, and a propensity to …
A Health Care Autopsy, Marc Gans
A Health Care Autopsy, Marc Gans
Marc Gans
This paper analyzes each of the factors responsible for the rapid rise in health care spending in this country. This includes an in-depth analysis of prescription drug expenditures, which has been the fastest growing component of health care costs. Lastly, this paper will address whether there is anything particularly unique about health care spending in California.
Imperial Ignition: Ecological Debt, Greenhouse Development Rights And Climate Change, Jonathan Stribling
Imperial Ignition: Ecological Debt, Greenhouse Development Rights And Climate Change, Jonathan Stribling
Jonathan Stribling
This paper argues for legal principles to remedy the harm done to those least responsible for yet most affected by climate change. It examines approaches to developing the concepts of ecological and climate debt in U.S. law. This paper argues for the importance of understanding ecological debt and particularly “climate debt” in order to sustainably remedy climate change. The paper also argues that the principles of capacity and responsibility, which are the basis of the Greenhouse Development Rights (GDR) framework, are critical to remedying climate debt and should be included in global climate negotiations and U.S. environmental law.
The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth
The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth
David A. Wirth
The central theme of this article is the necessity for deference to decision-making processes of national regulatory authorities in the application of these new trade disciplines and the need for trade-based reviews of national regulatory measures to operate within clearly defined limits. Accordingly, this article first examines and summarizes the relevant texts, including the original 1947 GATT, the Uruguay Round, and the NAFTA texts on standards. Next, the article considers the role of science in the standard-setting process with reference to the copious literature on this topic. Finally, the article takes up the difficult question of the application of the …
At War With The Environment, David A. Wirth
At War With The Environment, David A. Wirth
David A. Wirth
In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Alfred C. Yen
In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.
Damages To Business Interests, R. Steven Thing
Justice, The Bretton Woods Institutions And The Problem Of Inequality, Frank J. Garcia
Justice, The Bretton Woods Institutions And The Problem Of Inequality, Frank J. Garcia
Frank J. Garcia
The Bretton Woods Institutions are, together with the WTO, the preeminent international institutions devoted to managing international economic relations. This mandate puts them squarely in the center of the debate concerning development, inequality and global justice. While the normative analysis of the WTO is gaining momentum, the systematic normative evaluation of the World Bank and the International Monetary Fund is comparatively less developed. This essay aims to contribute to that nascent inquiry. How might global justice criteria apply to the ideology and operations of the Bank and Fund? Political theory offers an abundance of perspectives from which to conduct such …
Is Free Trade "Free?" Is It Even "Trade?" Oppression And Consent In Hemispheric Trade Agreements, Frank J. Garcia
Is Free Trade "Free?" Is It Even "Trade?" Oppression And Consent In Hemispheric Trade Agreements, Frank J. Garcia
Frank J. Garcia
In order for free trade as a policy to deliver fully on its social promise, it must be both “free” and “trade.” In fact, it must be free, in the sense of voluntary, to be trade at all. In other words, for normative and practical reasons, free trade requires that global economic relations be structured through agreements which reflect the consent of those subject to them. The neoliberal trading system today only imperfectly lives up to this obligation. In this essay, I will examine the role of consent in trade agreements, drawing on examples from CAFTA as representative of important …
Nafta And The Creation Of The Ftaa: A Critique Of Piecemeal Accession, Frank J. Garcia
Nafta And The Creation Of The Ftaa: A Critique Of Piecemeal Accession, Frank J. Garcia
Frank J. Garcia
No abstract provided.
The Moral Hazard Problem In Global Economic Regulation, Frank J. Garcia
The Moral Hazard Problem In Global Economic Regulation, Frank J. Garcia
Frank J. Garcia
Global regulation of international business transactions presents a particular form of the moral hazard problem. Global firms use economic and political power to manipulate state and state-controlled multilateral regulation to preserve their opportunity to externalize the social costs of global economic activity with impunity. Unless other actors can effectively counter this at the national and global regulatory levels, globalization re-creates the conditions for under-regulated or “robber baron” capitalism at the global level. This model of economic activity has been rejected at the national level by the same modern democratic capitalist states which currently dominate globalization, creating a crisis of legitimacy …
Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia
Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia
Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Save The Economy: Break Up The Big Banks And Shape Up The Regulators, Charles W. Murdock
Save The Economy: Break Up The Big Banks And Shape Up The Regulators, Charles W. Murdock
Charles W. Murdock
Save the Economy: Break Up the Big Banks and Shape Up the Regulators
The U.S. economy is still reeling from the financial crisis that exploded in the fall of 2008. This article asserts that the big banks were major culprits in causing the crisis, by funding the non-bank lenders that created the toxic mortgages which the big banks securitized and sold to unwary investors. Paradoxically, banks which were then too big to fail are even larger today.
The article briefly reviews the history of banking from the Founding Fathers to the deregulatory mindset that has been present since 1980. It …
Understanding Csr: An Empirical Study Of Private Self-Regulation, Benedict Sheehy
Understanding Csr: An Empirical Study Of Private Self-Regulation, Benedict Sheehy
Benedict Sheehy
Abstract: The article is a study of an important burgeoning form of regulation—private self-regulation—in the area of Corporate Social Responsibility (CSR). Rather than taking a purely theoretical approach or a social scientific study relying publicly reported data, the article addresses the issue by way of interview based case studies. As a study in regulation it clarifies the difference between various types of self-regulation, trade associations’ codes as private self-regulation and government sponsored self-regulation. This distinction hampers efforts to understand the important aspects of motivation and compliance. This study provides empirical examination of compliance in private self-regulation. Given the impact and …
Optimal Sequential Search And Optimal Consumption-Leisure Choice, Sergey Malakhov
Optimal Sequential Search And Optimal Consumption-Leisure Choice, Sergey Malakhov
Sergey Malakhov
This paper describes the static model of consumption-leisure choice in which both the maximization of utility and the maximization of precautionary savings for sequential purchases are constrained by the equality of the marginal costs of search to their marginal benefits. The marginal rate of substitution of leisure for consumption appears in the specific form, which updates the Cobb-Douglas utility function and provides search behavior with the optimal stopping rule. This rule bridges the gap between the neoclassical explanation of search behavior and the search-satisficing concept. The original arrangements of polar models of behavior, the overconsumption effect, the Veblen effect, and …
Development Lending To Municipalities By The World Bank Group, Asheesh Bhalla
Development Lending To Municipalities By The World Bank Group, Asheesh Bhalla
Asheesh Bhalla
The World Bank Group has recently shifted its development lending policies to have a greater focus on lending to municipalities and developing financial institutions and systems of market creation at the local level. The author reviews this policy shift, and the consequences of such policy changes on local government institutions and law.
Governing China’S Financial Disputes In The Aftermath Of The Global Financial Crisis Of 2008, Shahla F. Ali, Robin (Hui) Huang
Governing China’S Financial Disputes In The Aftermath Of The Global Financial Crisis Of 2008, Shahla F. Ali, Robin (Hui) Huang
Shahla F. Ali
In light of the recent global financial crisis of 2008, this article critically compares how China’s national arbitration commissions and local courts are responding to new challenges brought about by an increase in the number of banking related disputes. Drawing on comparative case analysis, the article examines the operation of CIETAC and the Shanghai Courts financial dispute resolution mechanisms in resolving financial disputes. Drawing on insights from selected case findings, the article provides insight into which institution is in the best position to handle financial-related cases, discusses prospects for coordination between the two and sets out proposals for further reform. …
The Creation And Destruction Of Price Cartels: An Evolutionary Theory, William Bradford
The Creation And Destruction Of Price Cartels: An Evolutionary Theory, William Bradford
william bradford
This Article sketches the goals of antitrust law, describes the causes and effects of anticompetitive pricing generally and supracompetitive pricing specifically, explains the inability of antitrust law to suppress some instances of supracompetitive pricing, establishes the importance of trust between firms as a necessary condition for supracompetitive pricing, and illustrates how the strategic exchange of information is crucial to the creation and destruction of trust and thus to the evolution and devolution of price cartels. Part II develops a positive theory that explains and predicts the evolution and devolution of price cartels as a function of the ability of rival …
The Giants Among Us, Robin Feldman, Thomas Ewing
The Giants Among Us, Robin Feldman, Thomas Ewing
Robin C Feldman
The patent world is undergoing a change of seismic proportions. A small number of entities have quietly amassed vast treasuries of patents. These are not the typical patent trolls that we have come to expect. Rather, these entities have participants such Apple, Google, Microsoft, Sony, the World Bank, and non-profit institutions. The largest and most secretive of these has accumulated a staggering 30,000-60,000 patents.
Investing thousands of hours of research and using publicly available sources, we pieced together a detailed picture of these giants and their activities. We consider the potential positive effects, including facilitating rewards for forgotten inventors, creating …
Judicial Intervention As Risk Reduction, Juliet P. Kostritsky
Judicial Intervention As Risk Reduction, Juliet P. Kostritsky
Juliet P Kostritsky
JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract interpretation (focusing on the prospective effect and the factors that might justify intervention) this Article attempts to identify the precise parameters of an optimal framework for contract interpretation. Such a framework would seek to maximize gains from trade. The issue in such cases is always, given the words the parties used, what is the best (surplus maximizing) interpretation of the bargain. Courts can achieve that interpretation by, in part, minimizing the interpretive risk that parties face when they draft an express contract but fail to …
Income Mobility, Gary S. Fields
Income Mobility, Gary S. Fields
Gary S Fields
Income mobility means different things to different people. This article explains the six different mobility concepts used in the literature, reviews the various indices used in the mobility literature to measure these concepts, summarizes the difference the use of different mobility concepts and measures makes in practice, presents the axiomatic approach to income mobility, and discusses a number of other issues that arise in the mobility literature.
A Consequentialist Approach To Interpretation, Probabilistic Mechanisms, And Risk: Let’S Not Limit Courts’ Techniques Of Common Law Adjudication; Rethinking Judicial Intervention From Contracts To The Chrysler Bankruptcy, Juliet P. Kostritsky
Juliet P Kostritsky
Employing an economics-based consequentialist approach to contract interpretation (focusing on the prospective effect and the factors that might justify intervention) this Article attempts to identify the precise parameters of an optimal framework for contract interpretation. Such a framework would seek to maximize gains from trade. The issue in such cases is always, given the words the parties used, what is the best (surplus maximizing) interpretation of the bargain. Courts can achieve that interpretation by, in part, minimizing the interpretive risk that parties face when they draft an express contract but fail to completely resolve all possible issues. This Article uses …
Electromagnetic Pulse And The U.S. Food Security Paradigm: Assumptions, Risks, And Recommendations, Maximilian Leeds
Electromagnetic Pulse And The U.S. Food Security Paradigm: Assumptions, Risks, And Recommendations, Maximilian Leeds
Maximilian Leeds
This paper analyzes the systemic dangers posed to the U.S. economy by an electromagnetic pulse (EMP), either naturally occurring or maliciously generated, from a food security perspective. Section I examines the modern structure of the U.S. food supply chain, analyzing the just-in-time international distribution model and criticizing it as vulnerable to systemic shock and cascade failure. Section II examines the function and history of the electromagnetic pulse, assesses its potential to serve as a catalyst for systemic breakdown in the domestic food supply chain, and explores the current state of food security planning in the United States pertaining to this …
Economic Evolution, Jurisdictional Revolution, Dustin Buehler
Economic Evolution, Jurisdictional Revolution, Dustin Buehler
Dustin Buehler
In June 2011, the Supreme Court issued its first personal jurisdiction decision in two decades. In J. McIntyre Machinery, Ltd. v. Nicastro, the Court considered whether the placement of a product in the “stream of commerce” subjects a nonresident manufacturer to personal jurisdiction in states where the product is distributed. The Court issued a fractured opinion with no majority rule, with some justices expressing reluctance to “refashion basic jurisdictional rules” without additional information on “modern-day consequences.” This Article explores the consequences of these rules by providing the first law-and-economics analysis of personal jurisdiction. A descriptive analysis initially demonstrates that jurisdictional …