Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Entire DC Network

Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly Jan 2023

Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly

Marquette Law Review

Behavioral law and economics has achieved notable policy influence promoting soft paternalism—using nudges to encourage better choices without limiting options. Recently, some behavioral scholars have suggested that positive behavioral models actually support hard paternalism—imposing mandates. This Article challenges the insinuation that behavioral law and economics supports mandates.


A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley Jan 2017

A New History Of Waste Law: How A Misunderstood Doctrine Shaped Ideas About The Transformation Of Law, Jill M. Fraley

Marquette Law Review

In the traditional account, American courts transformed the law of waste, radically diverging from the British courts around the time of the American Revolution. Some of the most influential theorists of American legal history have used this account as evidence that American law is driven by economics. Due to its adoption by influential scholars, this traditional account of waste law has shaped not only our understanding of property law, but also how we view the process of transforming law.

That traditional account, however, came not from a history of the doctrine, but from an elaboration of the benefits of the …


International Intellectual Property Scholars Series: A Fundamental Critique Of The Law-And-Economics Analysis Of Intellectual Property Rights, Andreas Rahmatian Jan 2013

International Intellectual Property Scholars Series: A Fundamental Critique Of The Law-And-Economics Analysis Of Intellectual Property Rights, Andreas Rahmatian

Marquette Intellectual Property Law Review

None.


Basis In Inheritance After Egtrra, Sharon Kovacs Gruer Aug 2012

Basis In Inheritance After Egtrra, Sharon Kovacs Gruer

Marquette Elder's Advisor

This final section elaborates on establishing carryover basis in situations involving inheritances, focusing on changes established under EGTRRA (the Economic Growth and Tax Relief Reconciliation Act of 2001). Included are discussions of operating loss carryover, unused built-in losses, qualified spousal property, and property transferred prior to or after death. Marital planning, including QTIP trusts and allocation of basis issues, are explored.


Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman Jan 2008

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.


Shaking Up The Line-Up: Generating Principles For An Electrifying Economic Structure For Major League Baseball, Jason B. Myers Jan 2002

Shaking Up The Line-Up: Generating Principles For An Electrifying Economic Structure For Major League Baseball, Jason B. Myers

Marquette Sports Law Review

No abstract provided.


Applying Antitrust Law To Ncaa Regulation Of "Big Time" College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten Jan 2000

Applying Antitrust Law To Ncaa Regulation Of "Big Time" College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten

Marquette Sports Law Review

No abstract provided.


Protecting Universities' Economic Interests: Holding Student-Athletes And Coaches Accountable For Willful Violations Of Ncaa Rules, Kevin Stangel Jan 2000

Protecting Universities' Economic Interests: Holding Student-Athletes And Coaches Accountable For Willful Violations Of Ncaa Rules, Kevin Stangel

Marquette Sports Law Review

No abstract provided.


The Economics Of Sports Leagues And The Relocation Of Teams: The Case Of The St. Louis Rams, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten Jan 2000

The Economics Of Sports Leagues And The Relocation Of Teams: The Case Of The St. Louis Rams, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten

Marquette Sports Law Review

No abstract provided.


The Political Economy Of Sports Facility Location: An End-Of-The-Century Review And Assessment, Tim Chapin Jan 2000

The Political Economy Of Sports Facility Location: An End-Of-The-Century Review And Assessment, Tim Chapin

Marquette Sports Law Review

No abstract provided.


The Economics Of Sports Leagues - The Chicago Bulls Case, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten Jan 1999

The Economics Of Sports Leagues - The Chicago Bulls Case, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten

Marquette Sports Law Review

No abstract provided.


Browns To Baltimore: Franchise Free Agency And The New Economics Of The Nfl, Sanjay Jose' Mullick Jan 1996

Browns To Baltimore: Franchise Free Agency And The New Economics Of The Nfl, Sanjay Jose' Mullick

Marquette Sports Law Review

No abstract provided.


The Legal Concept Of Professional Sports Leagues: The Commissioner And An Alternative Approach From A Corporate Perspective, Gregor Lentze Jan 1995

The Legal Concept Of Professional Sports Leagues: The Commissioner And An Alternative Approach From A Corporate Perspective, Gregor Lentze

Marquette Sports Law Review

No abstract provided.