Digital Commons Network^™

En Qué Se Parece Bill Gates A Eduardo Mayta, Enrique Pasquel

Enrique Pasquel

La mayoría de grandes compañías en los países desarrollados empiezan como pequeños negocios de empresarios con poco capital. Microsoft, Apple, Pfizer, Yahoo, Toyota, o IBM, por ejemplo, nacieron en una pequeña bodega, taller o garaje. Google, incluso, empezó en el dormitorio de uno de sus socios. ¿Cuántos grandes negocios perdemos en el tercer mundo por culpa de Estados que impiden a los pequeños empresarios hacer negocios?

The Rise And Fall Of Private Sector Unionism: What Next For The Nlra?

Jeffrey M. Hirsch

In this Article, we ask whether the National Labor Relations Act, enacted over 70 years ago, can remain relevant in a competitive economy where nonunion employer discretion is the dominant form of workplace governance. The best opportunity for the NLRA’s continued relevance is the modification of its language and interpretation to enhance worker voice and participation in the nonunion private sector, without imposing undue costs on employers. Examples of such reforms include narrowing the NLRA’s company union prohibition; implementing a conditional deregulation system that relies on consent by an independent employee association; changing the labor law default to some form …

Can't Touch This! Private Property, Takings, And The Merit Goods Argument, Goutam U. Jois

Goutam U Jois

Over the past several decades, economic theory has gained increasing influence in legal thinking, political theory, and public policy. This article argues that the popular characterization of economics as “value-neutral” obscures the fact that there are fundamental value judgments in any framework influenced by economics. Acknowledging this fact will shift the terms of the debate: instead of a “neutral” policy and one that “imposes values,” we see that both policies in fact entail value imposition to some extent. The public discourse is thus rendered more intellectually honest. The article progresses in three parts. First, I describe the concept of “merit …

Single Subject Rules And The Legislative Process, Michael D. Gilbert

Michael D. Gilbert

Despite generating thousands of cases on important public issues, the single subject rule remains a source of uncertainty and inconsistency. The root of the problem lies in the inability to define the term "subject" using legal doctrine. This paper reexamines the single subject rule through the lens of public choice theory and finds that its purposes are wrongheaded. Logrolling is not necessarily harmful, and improving political transparency requires legislative compromises to be packaged together rather than spread across multiple acts. Riding is not a form of logrolling but an analytically distinct and more threatening practice. This analysis yields a precise, …

The Problem Of Internalisation Of Social Costs And The Ideas Of Ronald Coase, Enrico Baffi

enrico baffi

This work examines the influence of Coasian thought on the analysis of externalities as used by economists and legal economists. Ronald Coase, a Chicago scholar, advanced a series of critiques of the Pigovian tax system; the theorem that bears his name is merely the best known. In his 1960 work, he sought to demonstrate that the internationalisation of social costs was not always socially useful. In addition, he identified other institutional solutions to which systems can - and often do - resort. One of these solutions is to simply authorise the harmful activity without introducing mechanisms to internalise social costs. …

The Optimal Law Enforcement With Mandatory Defendant Class Actions, Nelson Rodrigues Netto

Nelson Rodrigues Netto

In this article we argue that the optimal law enforcement system is based on an ideal mechanism to prevent and redress harms in the mass information society. This goal is achieved by means of mandatory defendant class actions.

The idea of mass society has evolved in time since the beginning of the industrialization in the 18th century. At that time, the transformation of the means of production from artisanal craftwork to large scale machinery work, forged the concept of mass production. Nowadays, massive and expeditious relationships are created by sophisticated communications links, especially the Internet, furnishing services and goods, which …

¿Un Mercado Federal De Leyes?, Maximiliano Marzetti

Maximiliano Marzetti

No abstract provided.

Partial Ban On Plea Bargains, Oren Gazal

Oren Gazal-Ayal

The influence of the plea bargaining system on innocent defendants is fiercely debated. Many scholars call for a ban on plea bargaining, arguing that the practice coerces innocent defendants to plead guilty. Proponents of plea bargaining respond that even an innocent defendant is better off when he choose to plea bargain in order to assure a lenient result, if he concludes that the risk of wrongful trial conviction is too high. They claim that since plea bargaining is only an option, it cannot harm the defendant whether he is guilty or innocent. This paper argues that the both supporters and …

The Real Problem With New Source Review, Shi-Ling Hsu

Shi-Ling Hsu

No abstract provided.

The Problem Of Internalization Of Social Costs In The Thought Of Ronald Coase, Enrico Baffi

enrico baffi

This work examines the influence of Coasian thought on the analysis of the concept of externalities as used by economists and legal economists. Ronald Coase, a Chicago scholar, advanced a series of critiques of the Pigovian tax system; the theorem that bears his name is merely the best known. In his 1960 work, he sought to demonstrate that the internationalization of social costs was not always socially useful. In addition, he identified other institutional solutions to which systems can – and often do – resort. One of these solutions is to simply authorize the harmful activity without introducing mechanisms to …

Current Economic Issues In Securities Litigation, Scott D. Hakala

Scott D Hakala

This paper discusses the economic framework for determining economic loss in securities litigation and the then current case law. This includes discussions regarding assessing materiality and reliance, the use of event study analyses to identify loss causationg and the interaction of legal and economic principles.

Plea Bargains Only For The Guilty, Oren Bar-Gill, Oren Gazal

Oren Gazal-Ayal

A major concern with plea bargains is that innocent defendants will be induced to plead guilty. This paper argues that the law can address this concern by providing prosecutors with incentives to select cases in which the probability of guilt is high. By restricting the permissible sentence reduction in a plea bargain the law can preclude plea bargains in cases where the probability of conviction is low (L cases). The prosecutor will therefore be forced to – (1) select fewer L cases and proceed to trial with these cases; or (2) select more cases with a higher probability of conviction …

Numerus Clausus: An Economic Perspective, Wei Zhang

Wei Zhang

No abstract provided.

Divorce Laws And The Structure Of The American Family, Stéphane Mechoulan

Stéphane Mechoulan

No abstract provided.

The Policy-Making Process Of Supreme People Court: Power Strategy And Information Selection（最高法院公共政策的运作：权力策略与信息选择）, Meng Hou

Hou Meng

No abstract provided.

Los Principios De Progresividad En La Cobertura Y De Sostenibilidad Financiera De La Seguridad Social En El Derecho Constitucional: Una Perspectiva Desde El Análisis Económico, Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.

The Directive On Unfair Commercial Practices: A Law And Economics Perspective, Fernando Gómez

Fernando Gómez Pomar

Directive 2005/29 on unfair commercial practices constitutes an ambitious attempt at building a general regulatory framework for firm actions towards consumer in the marketplace. The declared objectives of the Directive, namely consumer protection and eliminating barriers for the internal market, do not seem to provide enough support for such an overreaching legal intervention. The paper explores whether other rationales can justify the new rules and critically examines the scope and the tools to determine unfairness in commercial practices. From an efficiency perspective, Directive 2005/29, although not devoid of merit and interesting solutions, is lacking both in terms of over-optimism in …

Compensation After Termination Of Long-Term Distribution Contracts: An Economic Perspective Of Eu Law, Fernando Gómez

Fernando Gómez Pomar

Termination and compensation after termination are two of the most relevant –albeit not the only ones- dimensions of the long-term contracts through which distribution chains are formed and structured. The EC rules that establish a regime of compensation after termination are studied in this paper, in particular, the Commercial Agents Directive. Then, compensation after termination is analysed from the economic perspective, highlighting the importance of the open-ended nature of a relationship, termination as a disciplining mechanism against non-verifiable breach of distribution contracts, the problem of specific investments and the covenants not to compete. The contrast of the examined EC rules …

Retos Y Proyecciones Del Derecho Mercantil Frente A La Globalización. Un Intento De Aproximación Filosófica, Histórica Y Dogmática, Juan Pablo Pampillo

Juan Pablo Pampillo Baliño

No abstract provided.

Tomando La Propiedad En Serio: Las Expropiaciones Regulatorias O Indirectas, Enrique Pasquel

Enrique Pasquel

La mayoría de limitaciones a la propiedad se realizan a través de regulaciones, que pueden tener efectos tan nocivos como las expropiaciones físicas. Este trabajo explica los límites que deben tener las expropiaciones regulatorias.

Privaticemos Las Vicuñas: Cómo Eliminar El Peligro De Extinción Y Aprovechar Su Potencial Económico, Enrique Pasquel, Andrés Bayly

Enrique Pasquel

Si se establecieran derechos de propiedad sobre las vicuñas, se evitaría el peligro de extinción, se permitiría desarrollar el mercado de la lana más cara del mundo y se ayudaría a sacar de la pobreza a gran cantidad de gente. Este trabajo explica cómo las políticas de conservación de la vicuña han hecho lo contrario.

An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A formal model of the law of fair use.

Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy

Benedict Sheehy

Abstract: Shareholders rights advocates argue that shareholders have the right to control the corporation. This article examines the basis for the claims. It begins with an analysis of rights, then moves to an analysis of legal rights, which is followed by an analysis of property rights as a species of legal rights. The article then examines the historical context, rationale and development of shareholder rights which leads to the analysis of current shareholders’ rights. The article concludes with some comments and suggestions concerning future development of corporate governance thinking.

Ambiguity Aversion And The Criminal Process, Alex Stein, Uzi Segal

Alex Stein

Ambiguity aversion is a person's rational attitude towards probability's indeterminacy. When a person is averse towards such ambiguities, he increases the probability of the unfavorable outcome to reflect that fear. This observation is particularly true about a criminal defendant who faces a jury trial. Neither the defendant nor the prosecution knows whether the jury will convict the defendant. Their best estimation relies on a highly generalized probability that attaches to a broad category of similar cases. The prosecution, as a repeat player, is predominantly interested in the conviction rate that it achieves over a long series of cases. It therefore …

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan

Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan

Donald J. Kochan

It has long eluded regulators and private enforcers how to control the imposition of negative externalities. This paper will examine: (1) Whether existing authorities (like the Clean Water Act) are capable of providing regulation of urban runoff; (2) Whether, in light of economic controls, regulation of these activities are necessary; (3) A summary of recent runoff litigation; and (4) What is next; what should be next? Although each of these questions form background, the primary emphasis currently anticipated for this presentation is on traceability, collective action, and free rider problems that motivate regulation in this area. Often runoff is described …