Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (20)
- Cornell University Law School (3)
- Emory University School of Law (3)
- University of Pittsburgh School of Law (3)
- Bard College (2)
-
- Center for the Blue Economy (2)
- Duke Law (2)
- Saint Louis University School of Law (2)
- Singapore Management University (2)
- The University of San Francisco (2)
- University of Kentucky (2)
- American University Washington College of Law (1)
- Augustana College (1)
- California Polytechnic State University, San Luis Obispo (1)
- City University of New York (CUNY) (1)
- College of the Holy Cross (1)
- Embry-Riddle Aeronautical University (1)
- Florida International University (1)
- Florida State University College of Law (1)
- Georgia Southern University (1)
- Institute of Business Administration (1)
- SIT Graduate Institute/SIT Study Abroad (1)
- San Jose State University (1)
- Selected Works (1)
- Sotheby's Institute of Art (1)
- Southern Methodist University (1)
- St. Mary's University (1)
- Texas A&M University School of Law (1)
- University at Buffalo School of Law (1)
- University of Arkansas, Fayetteville (1)
- Keyword
-
- Antitrust (6)
- Mergers (4)
- Competition (3)
- Intellectual property (3)
- Law & economics (3)
-
- Legal history (3)
- Affordable Care Act (2)
- Anti-technology (2)
- Constitutional law (2)
- Consumer welfare (2)
- Copyright (2)
- Debt relief (2)
- Equity (2)
- Evidence (2)
- External debts (2)
- Health insurance (2)
- Human rights (2)
- Immigration (2)
- Industrialization (2)
- Innovation (2)
- Japan (2)
- Law and economics (2)
- Law enforcement (2)
- Poverty (2)
- Public debts (2)
- Technology (2)
- Venezuela (2)
- Wage (2)
- 10b-5 litigation (1)
- AMT exemption & phaseout threshold (1)
- Publication
-
- All Faculty Scholarship (22)
- Articles (3)
- Faculty Articles (3)
- Faculty Scholarship (2)
- Journal of Ocean and Coastal Economics (2)
-
- Master's Projects and Capstones (2)
- Senior Projects Spring 2018 (2)
- Chancellor’s Honors Program Projects (1)
- Cornell Journal of Law and Public Policy (1)
- Cornell Law Faculty Publications (1)
- Dignity: A Journal of Analysis of Exploitation and Violence (1)
- Economics Department Working Papers (1)
- Economics Undergraduate Honors Theses (1)
- FIU Electronic Theses and Dissertations (1)
- Faculty Research - Books (1)
- Florida State University Journal of Land Use and Environmental Law (1)
- Global Public Health (1)
- Honors College Theses (1)
- Independent Study Project (ISP) Collection (1)
- Institute for the Study of Free Enterprise Working Papers (1)
- Joint PIJIP/TLS Research Paper Series (1)
- Journal Articles (1)
- Journal of Digital Forensics, Security and Law (1)
- Law & Economics Working Papers (1)
- MA Theses (1)
- MPA/MPP/MPFM Capstone Projects (1)
- Manuscript Collection (1)
- Master's Projects (1)
- Master's Theses (1)
- Minnesota Journal of Law & Inequality (1)
- Publication Type
Articles 31 - 60 of 69
Full-Text Articles in Law
Private Wealth And Public Goods: A Case For A National Investment Authority, Robert C. Hockett, Saule T. Omarova
Private Wealth And Public Goods: A Case For A National Investment Authority, Robert C. Hockett, Saule T. Omarova
Cornell Law Faculty Publications
Much American electoral and policy debate now centers on how best to reignite the nation’s economic dynamism and rebuild its competitive strength. Any such undertaking presents an extraordinary challenge, demanding a correspondingly extraordinary institutional response. This Article proposes precisely such a response. It designs and advocates a new public instrumentality--a National Investment Authority (“NIA”)--charged with the critical task of devising and implementing a comprehensive long-term development strategy for the United States.
Patterned in part after the New Deal-era Reconstruction Finance Corporation, in part after modern sovereign wealth funds, and in part after private equity and venture capital firms, the NIA …
Parallel Worlds: Comparing Rural Development To Development In Global Communities, Jena Martin, Karon Powell
Parallel Worlds: Comparing Rural Development To Development In Global Communities, Jena Martin, Karon Powell
West Virginia Law Review
No abstract provided.
Hipster Antitrust: New Bottles, Same Old W(H)Ine?, Christopher S. Yoo
Hipster Antitrust: New Bottles, Same Old W(H)Ine?, Christopher S. Yoo
All Faculty Scholarship
Although the debate over hipster antitrust is often portrayed as something new, experienced observers recognize it as a replay of an old argument that was resolved by the global consensus that antitrust should focus on consumer welfare rather than on the size of firms, the levels of industry concentration, and other considerations. Moreover, the history of the Federal Trade Commission’s Section 5 authority to prevent unfair methods of competition stands as a reminder of the dangers of allowing enforcement policy to be guided by vague and uncertain standards.
Pearl Lagoon's White Lobster: The Societal, Economic, Political And Autonomous Effects, Rafely Palacios
Pearl Lagoon's White Lobster: The Societal, Economic, Political And Autonomous Effects, Rafely Palacios
Independent Study Project (ISP) Collection
The Atlantic Coast of Nicaragua is home to the greatest number of impoverished individuals in the country. However, the people of Pearl Lagoon - a municipality in the South Caribbean Coast Autonomous Region - have found a way to escape their poor economic situations.
Due to the municipality’s close proximity to drug routes utilized by Colombian cartels and to the country itself, community members have turned to the drug trade in hopes of pursuing financial secureness. With the introduction of the “white lobster” or cocaine packets, the community as a whole has transformed its social, economic, and political spheres. In …
The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen
The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen
Dignity: A Journal of Analysis of Exploitation and Violence
In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.
Unicorns, Guardians, And The Concentration Of The U.S. Equity Markets, Amy Deen Westbrook, David A. Westbrook
Unicorns, Guardians, And The Concentration Of The U.S. Equity Markets, Amy Deen Westbrook, David A. Westbrook
Journal Articles
No abstract provided.
Deadlier Road Accidents? Traffic Safety Regulations And Heterogeneous Motorists’ Behavior, Christine Ho, Madhav S. Aney
Deadlier Road Accidents? Traffic Safety Regulations And Heterogeneous Motorists’ Behavior, Christine Ho, Madhav S. Aney
Research Collection School Of Economics
In 2003, China enacted the Road Traffic Safety Law in an attempt to promote traffic safety.We employ a difference-in-differences strategy on province level data, where fire accidentsare used as a control group for road accidents, to estimate the effects of the law on road accidents and casualties. Our findings suggest that while the law was successful in decreasing thenumber of accidents and casualties, the ratio of deaths to accidents and injuries to accidentsincreased. Exploring the potential channels, we find no evidence that “hit-and-kill” incentives,that is, incentives for motorists to kill the pedestrians that they hit due to China’s peculiar personal …
Proposal For A Non-Subsidized, Non-Retirement-Plan, Employee-Owned Investment Vehicle To Replace The Esop, Sean M. Anderson, Andrew Stumpff Morrison
Proposal For A Non-Subsidized, Non-Retirement-Plan, Employee-Owned Investment Vehicle To Replace The Esop, Sean M. Anderson, Andrew Stumpff Morrison
Law & Economics Working Papers
The authors have previously been critical of the existing American legal exemption and subsidy regime for employee stock ownership plans (“ESOPs”). By definition such plans create dangerously undiversified investment programs tying employees’ retirement security to the financial health of a single company – which, to compound the problem, is the employees’ employer, thereby correlating participants’ retirement security risk with the risk of losing their jobs. No demonstrated compensating policy benefit justifies this extraordinary large-scale departure from basic principles of financial prudence. One context, however, where a plausible case might be made for employee ownership is that which arises when a …
Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason
Dual Residents: A Sur-Reply To Zelinsky, Michael S. Knoll, Ruth Mason
All Faculty Scholarship
In this article, we respond to Professor Zelinsky’s criticism of our arguments regarding the constitutionality of New York’s tax residence rule. We argue that the Supreme Court’s decision in Wynne requires reconsideration of the New York Court of Appeal’s decision in Tamagni.
Aligning Incentives And Cost Allocation In Discovery, Jonathan R. Nash, Joanna M. Shepherd
Aligning Incentives And Cost Allocation In Discovery, Jonathan R. Nash, Joanna M. Shepherd
Faculty Articles
Recent proposals to revise Federal Rule of Civil Procedure 26 to incorporate cost allocation of discovery have sparked considerable controversy. Advocates for reform argue that replacing the long-standing “producer-pays” presumption with something more akin to a “requester-pays” rule would better align economic incentives and reduce litigants’ ability to wield discovery as an instrument to force settlement. Opponents argue that such a reform would limit access to justice by saddling requesters with an ex ante burden of funding the opposition’s discovery.
In this Article, we explain that either a rule requiring both parties to share the costs of discovery (“cost-sharing rule”) …
Unbundling Freedom In The Sharing Economy, Deepa Das Acevedo
Unbundling Freedom In The Sharing Economy, Deepa Das Acevedo
Faculty Articles
Courts and scholars point to the sharing economy as proof that our labor and employment infrastructure is obsolete because it rests on a narrow and outmoded idea that only workers subjected to direct, personalized control by their employers need work-related protections and benefits. Since they diagnose the problem as being our system’s emphasis on control, these critics have long called for reducing or eliminating the primacy of the “control test” in classifying workers as either protected employees or unprotected independent contractors. Despite these persistent criticisms, however, the concept of control has been remarkably sticky in scholarly and judicial circles.
This …
Venezuela Public Health Issue, Luke Vargas
Venezuela Public Health Issue, Luke Vargas
Global Public Health
While every country around the world faces a form of public health issues, the issues that the country of Venezuela faces are different. Their public health problem is not a disease that can be solved by science, or a cure. It’s a problem that can only be solved by the people within the county itself. The country of Venezuela now lacks the proper medical supplies needed to help cure diseases and normal vaccinations, and the only ones to blame is their government. Because their government has now refused to pay their debts to the surrounding countries they have now lost …
Critical Race Ip, Anjali Vats, Deidre A. Keller
Critical Race Ip, Anjali Vats, Deidre A. Keller
Articles
In this Article, written on the heels of Race IP 2017, a conference we co-organized with Amit Basole and Jessica Silbey, we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP). Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we …
Labor Market Immigrant Integration And Employment: An Analysis Of Eu Countries, Iro Gkrimpizi
Labor Market Immigrant Integration And Employment: An Analysis Of Eu Countries, Iro Gkrimpizi
Senior Projects Spring 2018
This Senior Project advances the immigrant integration debate, examining the effect of labor market immigrant integration policies on the European labor force. Building on an existing body of literature that examines the migration and immigrant integration debate, this paper assesses the relationship between immigrant integration policies in the EU and the employment rate of the total, non-EU, low-skilled, young, old, and female labour force, by using panel data at the EU level to answer the question, “Can the labor market integration of immigrants lead to positive labor market outcomes as expressed by the employment rate?”. The relationship between labor market …
Pakistan's Institutions: We Know They Matter, But How Can They Work Better?, Michael Kugelman, Ishrat Husain
Pakistan's Institutions: We Know They Matter, But How Can They Work Better?, Michael Kugelman, Ishrat Husain
Faculty Research - Books
Back in 2012, a Pakistani professor named Farakh A. Khan issued a dire warning about the state of his country’s public institutions. “Pakistan suffers from institutional failure,” he declared in an essay published about a year before his death. “Failed institutions are unable to correct the problems faced by the society and eventually lead to economic failure… If our leaders are sincere for change in Pakistan then they have to first get the institutions working again. But do they know how or have the will to do it?
The Modigliani-Miller Theorem At 60: The Long-Overlooked Legal Applications Of Finance’S Foundational Theorem, Michael S. Knoll
The Modigliani-Miller Theorem At 60: The Long-Overlooked Legal Applications Of Finance’S Foundational Theorem, Michael S. Knoll
All Faculty Scholarship
2018 marks the 60th anniversary of the publication of Franco Modigliani and Merton Miller’s The Cost of Capital, Corporation Finance, and the Theory of Investment. Widely hailed as the foundation of modern finance, their article, which purports to demonstrate that a firm’s value is independent of its capital structure, is little known by lawyers, including legal academics. That is unfortunate because the Modigliani-Miller capital structure irrelevancy proposition (when inverted) provides a framework that can be extremely useful to legal academics, practicing attorneys and judges.
Maduro Bonds, G. Mitu Gulati, Ugo Panizza
The Rule Of Reason, Herbert J. Hovenkamp
The Rule Of Reason, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust’s rule of reason was born out of a thirty-year (1897-1927) division among Supreme Court Justices about the proper way to assess multi-firm restraints on competition. By the late 1920s the basic contours of the rule for restraints among competitors was roughly established. Antitrust policy toward vertical restraints remained much more unstable, however, largely because their effects were so poorly understood.
This article provides a litigation field guide for antitrust claims under the rule of reason – or more precisely, for situations when application of the rule of reason is likely. At the time pleadings are drafted and even up …
The Future Encyclopedia Of Luddism, Miriam A. Cherry
The Future Encyclopedia Of Luddism, Miriam A. Cherry
All Faculty Scholarship
In common parlance, the term “Luddite” means someone who is anti-technology, or maybe, just not adept at using technology. Historically, however, the Luddite movement was a reaction born of industrial accidents and dangerous machines, poor working conditions, and the fact that there were no unions to represent worker interests during England’s initial period of industrialization. The Luddites did not hate technology; they only channeled their anger toward machine-breaking because it had nowhere else to go. The attached book chapter is an alternate history (written circa 2500) that depends on the critical assumption that the Luddites succeeded in their industrial campaign …
The Future Encyclopedia Of Luddism, Miriam A. Cherry
The Future Encyclopedia Of Luddism, Miriam A. Cherry
All Faculty Scholarship
In common parlance, the term “Luddite” means someone who is anti-technology, or maybe, just not adept at using technology. Historically, however, the Luddite movement was a reaction born of industrial accidents and dangerous machines, poor working conditions, and the fact that there were no unions to represent worker interests during England’s initial period of industrialization. The Luddites did not hate technology; they only channeled their anger toward machine-breaking because it had nowhere else to go. The attached book chapter is an alternate history (written circa 2500) that depends on the critical assumption that the Luddites succeeded in their industrial campaign …
The Effect Of Occupational Licensing On Wages And Employment: Evidence From Electricians And Massage Therapists, Matt Shafer
The Effect Of Occupational Licensing On Wages And Employment: Evidence From Electricians And Massage Therapists, Matt Shafer
MPA/MPP/MPFM Capstone Projects
No executive summary.
The Hausmann-Gorky Effect, Mitu Gulati, Ugo Panizza
The Hausmann-Gorky Effect, Mitu Gulati, Ugo Panizza
Faculty Scholarship
For over a century, legal scholars have debated the question of what to do about the debts incurred by despotic governments; asking whether successor non-despotic governments should have to pay them. That debate has gone nowhere. This paper examines whether an Op Ed written by Harvard economist, Ricardo Hausmann, in May 2017, may have shown an alternative path to the goal of increasing the cost of borrowing for despotic governments. Hausmann, in his Op Ed, had sought to produce a pricing penalty on the entire Venezuelan debt stock by trying to shame JPMorgan into removing Venezuelan bonds from its emerging …
A "Chinese Wall" At The Nation's Borders: Justice Stephen Field And The Chinese Exclusion Case, Polly J. Price
A "Chinese Wall" At The Nation's Borders: Justice Stephen Field And The Chinese Exclusion Case, Polly J. Price
Faculty Articles
First, the sweeping implications of The Chinese Exclusion Case had as much to do with the Supreme Court's concerns about its relationship with both Congress and the President as it did with the Chinese as a disparaged racial group. There are other dimensions beyond race, and one of these was the Supreme Court's view of its role with respect to the other branches of government. Importantly, the Court did not decide the balance of authority between the President and Congress on matters of immigration, an omission that surely lessens its precedential value today.
Second, the Court's pronouncement in the Chinese …
Horizontal Mergers, Market Structure, And Burdens Of Proof, Herbert J. Hovenkamp, Carl Shapiro
Horizontal Mergers, Market Structure, And Burdens Of Proof, Herbert J. Hovenkamp, Carl Shapiro
All Faculty Scholarship
Since the Supreme Court’s landmark 1963 decision in Philadelphia National Bank, antitrust challengers have mounted prima facie cases against horizontal mergers that rested on the level and increase in market concentration caused by the merger, with proponents of the merger then permitted to rebut by providing evidence that the merger will not have the feared anticompetitive effects. Although the way that concentration is measured and the triggering levels have changed over the last half century, the basic approach has remained intact. This longstanding structural presumption, which is well supported by economic theory and evidence, has been critical to effective …
Horizontal Shareholding And Antitrust Policy, Fiona M. Scott Morton, Herbert J. Hovenkamp
Horizontal Shareholding And Antitrust Policy, Fiona M. Scott Morton, Herbert J. Hovenkamp
All Faculty Scholarship
“Horizontal shareholding” occurs when one or more equity funds own shares of competitors operating in a concentrated product market. For example, the four largest mutual fund companies might be large shareholders of all the major United States air carriers. A growing body of empirical literature concludes that under these conditions market output in the product market is lower and prices higher than they would otherwise be.
Here we consider how the antitrust laws might be applied to this practice, identifying the issues that courts are likely to encounter and attempting to anticipate litigation problems. We assume that neither the mutual …
Insolvency Law As Credit Enhancement And Enforcement Mechanism: A Closer Look At Global Modernization Of Secured Transactions Law, Charles W. Mooney Jr.
Insolvency Law As Credit Enhancement And Enforcement Mechanism: A Closer Look At Global Modernization Of Secured Transactions Law, Charles W. Mooney Jr.
All Faculty Scholarship
This essay revisits earlier work on the relationship between insolvency law and secured credit, the role of secured transactions law reforms, and the benefits of secured credit. These complex relationships require a holistic approach toward reforms of secured transactions law and insolvency law. Merely enacting sensible secured transactions laws and insolvency laws may be insufficient to produce the intended benefits from either set of laws.
The essay is informed by an ongoing qualitative empirical study of business credit in Japan—the Japanese Business Credit Project. The JBCP involves interviews of representatives of Japanese financial institutions and governmental bodies and legal practitioners …
The Behavioral Economics Of Multilevel Marketing, Heidi H. Liu
The Behavioral Economics Of Multilevel Marketing, Heidi H. Liu
All Faculty Scholarship
Multilevel marketing companies (MLMs) - sales organizations that compensate independent consultants based on the sales and recruitment of other consultants - form a significant part of the American economy. Yet, MLMs provide little information to regulators and potential participants regarding potentially material information. Although MLMs are often compared to pyramid schemes, consultants argue that participation in a MLM allows them to make money outside of the traditional full-time labor force. This paper examines the law, economics, and psychology of MLMs, suggesting that MLMs may draw on prospective consultants' cognitive biases in persuading consultants to join and continue a MLM. Consultants …
Assessing The Effectiveness Of The Federal Reserve’S Quantitative Easing Policy In Lowering Long-Term Interest Rates, Lee Philip Perry
Assessing The Effectiveness Of The Federal Reserve’S Quantitative Easing Policy In Lowering Long-Term Interest Rates, Lee Philip Perry
Senior Projects Spring 2018
This project looks at the effectiveness of Quantitative Easing on lowering long-term interest rates. To come up with an answer I look through three separate channels in which QE works to lower long-term rates: the speculation channel, inflations expectation channel, and portfolio balance channel. In examining these channels and their respective effects, I combine relative channel and general economic theory with data relative to each channel such as long-term yields, inflation expectation data, public holdings of federal debt, and much more in order to understand whether QE was at the forefront of the reduction in yields. Through these channels, we …
On The Disparate Treatment Of Business And Personal Salt Payments, Michael S. Knoll
On The Disparate Treatment Of Business And Personal Salt Payments, Michael S. Knoll
All Faculty Scholarship
The Tax Cuts and Jobs Act, H.R. 1, would eliminate the federal income tax deduction for nonbusiness state and local taxes while maintaining the deduction for business state and local taxes. That disparate treatment has generated a storm of negative commentary. In this short essay, I consider whether the federal tax law should allow a deduction for business state and local taxes assuming that there is no deduction for nonbusiness state and local taxes. I argue that investors and businesses, including pass-through businesses, should be allowed to deduct state and local property and sales taxes, but not general income taxes.
The Economics Of Immigration Reform, Howard F. Chang
The Economics Of Immigration Reform, Howard F. Chang
All Faculty Scholarship
In this article, I draw upon economic theory and recent empirical work on the economic and fiscal effects of immigration to evaluate some recent proposals for immigration reform in terms of their effects on the economic welfare of natives in the United States. In particular, I consider the Reforming American Immigration for a Strong Economy (RAISE) Act, a bill that would cut immigration to half of its current level. President Donald Trump has endorsed the RAISE Act and has insisted that many of its provisions be part of any legislation legalizing the status of unauthorized immigrants granted relief under the …