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Articles 1 - 30 of 35
Full-Text Articles in Law
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer
From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen Maurer
Stephen M. Maurer
Copyright theorists often ask how incentives can be designed to create better books, movies, and art. But this is not the whole story. As the Roman satirist Martial pointed out two thousand years ago, markets routinely ignore good and even excellent works. The insight reminds us that incentives to find content are just as necessary as incentives to make it. Recent social science research explains why markets fail and how timely interventions can save deserving titles from oblivion. This article reviews society’s long struggle to fix the vagaries of search since the invention of literature. We build on this history …
Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au
Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au
Lorrie F Cranor
We analyzed the privacy policies of 75 online tracking companies with the goal of assessing whether they contain information relevant for users to make privacy decisions. We compared privacy policies from large companies, companies that are members of self-regulatory organizations, and nonmember companies and found that many of them are silent with regard to important consumer-relevant practices including the collection and use of sensitive information and linkage of tracking data with personally-identifiable information. We evaluated these policies against self-regulatory guidelines and found that many policies are not fully compliant. Furthermore, the overly general requirements established in those guidelines allow companies …
The Impact Of Judicial Reform On Crime Victimization And Trust In Institutions In Mexico, Luisa Blanco
The Impact Of Judicial Reform On Crime Victimization And Trust In Institutions In Mexico, Luisa Blanco
Luisa Blanco
This article studies the impact of judicial reform in Mexico. It does so using a survey about crime victimization and perceptions of insecurity (Encuesta Nacional Sobre la Inseguridad [ENSI]) between 2005, 2008, and 2009 in 11 Mexican cities, 3 of which implemented the reform in 2007 and 2008. This analysis shows that judicial reform not only reduces victimization but also lowers perceptions of security. Although we find that judicial reform has a negative effect on trust in the local and federal police, judicial reform reduces the probability of being asked by the transit police for a bribe.
Caveat Emptor: Lessons From Volkswagen's Lemon Purchase, Terence Lau
Caveat Emptor: Lessons From Volkswagen's Lemon Purchase, Terence Lau
Terence Lau
This article traces Volkswagen's mis-steps in the botched acquisition of Rolls Royce, and solutions are offered for counsel engaged in international transactions with the hope that the practitioner with little experience in the area can avoid similarly embarrassing and costly errors. The article also offers recommendations on how to draft contract clauses for international licensing use, and provides a brief overview of export control regimes counsel should be aware of when engaging in international transactions.
Destination-Based Cash-Flow Taxation: A Critical Appraisal, Wei Cui
Destination-Based Cash-Flow Taxation: A Critical Appraisal, Wei Cui
Wei Cui
This Article offers the first comprehensive appraisal in both the legal and economic literatures of proposals for adopting destination-based cash flow taxation (DCFT) of multinational corporations. The DCFT was a key recommendation for reforming corporate taxation in the U.K., and has subsequently attracted wide attention as a way to fundamentally reform international taxation in the U.S., Europe and elsewhere. The core intuition of the DCFT is to tax profits earned by mobile capital by reference to immobile factors. I distinguish three versions of the DCFT for implementing this intuition: 1. formulary apportionment of business profits by reference to locations of …
Responsible International Citizenry In The Asian Century: Why Failure To Meet International Obligations Adversely Affects Australian National Interests, Danielle Ireland-Piper
Responsible International Citizenry In The Asian Century: Why Failure To Meet International Obligations Adversely Affects Australian National Interests, Danielle Ireland-Piper
Danielle Ireland-Piper
If Australia is to secure its financial and security interests in the Asian century, then it must build effective working relationship in the Asia-Pacific. To do so, Australia must build familial and not merely transactional relationship in Asia. In turn, this requires Australia to present as a responsible international citizen. This image of responsible citizenry, however, is difficult to achieve when the Australian Constitution permits race-based laws and Australia’s approach to regional asylum seeker management may violate international law. This is because the hypocrisy inherent in non-compliance impedes Australia's capacity to build meaningful relationship in the Asian region. in that …
Institutional Fantasylands: From Scientific Management To Free Market Environmentalism, Peter S. Menell
Institutional Fantasylands: From Scientific Management To Free Market Environmentalism, Peter S. Menell
Peter Menell
Exposes the utopian parallels between scientific management and free market environmentalism by exploring the limitations of an analytical framework. Outcomes of market-like processes; Expression of preferences through democratic processes; Failure to consider the endogeneity of preferences; Model of human nature; Endowment effects associated with allocation of ownership.
Tailoring Legal Protection For Computer Software, Peter S. Menell
Tailoring Legal Protection For Computer Software, Peter S. Menell
Peter Menell
No abstract provided.
Private Value Determinations And The Potential Effect On The Future Of Research And Development, Amy L. Landers
Private Value Determinations And The Potential Effect On The Future Of Research And Development, Amy L. Landers
Amy L. Landers
Although the promise of an emerging patent market is thought to provide future benefits to invention, innovation, and the public, this essay examines the possibility that the aggregate influence of this activity could instead destabilize patent values in a manner that mirrors the "bubble" phenomenon that occurred in certain markets in the past. To the extent that this occurs, this would destabilize the patent system and might have negative consequences for the future of investment in research, development and innovation.
Cartelizing Taxes: Understanding The Oecd's Campaign Against Harmful Tax Competition, Andrew P. Morriss, Lotta Moberg
Cartelizing Taxes: Understanding The Oecd's Campaign Against Harmful Tax Competition, Andrew P. Morriss, Lotta Moberg
Andrew P. Morriss
Formed in 1961 to promote global economic and social well-being, the Organisation for Economic Co-operation and Development (OECD) has become the collective voice of rich countries on international tax issues. After an initial focus on improving commerce through addressing double taxation issues, the organization shifted to a focus on restricting tax competition and increasing automatic exchanges of tax information. In this paper we analyze the reasons for this shift in policy focus. After describing the history of the OECD's work on taxation, we examine the OECD's project against "harmful tax competition" as it has played out since its launch in …
Building Legal Order In Ancient Athens, Federica Carugati, Gillian K. Hadfield, Barry Weingast
Building Legal Order In Ancient Athens, Federica Carugati, Gillian K. Hadfield, Barry Weingast
Gillian K Hadfield
How do democratic societies establish and maintain order in ways that are conducive to growth? Contemporary scholarship associates order, democracy, and growth with centralized rule of law institutions. In this article, we test the robustness of modern assumptions by turning to the case of ancient Athens. Democratic Athens was remarkably stable and prosperous, but the ancient city-state never developed extensively centralized rule of law institutions. Drawing on the “what-is-law” account of legal order elaborated by Hadfield and Weingast (2012),we show that Athens’ legal order relied on institutions that achieved common knowledge and incentive compatibility for enforcers in a largely decentralized …
The Effect Of State Funeral Regulations On Cremation Rates: Testing For Demand Inducement In Funeral Markets, Kathryn Krynski
The Effect Of State Funeral Regulations On Cremation Rates: Testing For Demand Inducement In Funeral Markets, Kathryn Krynski
Kathy J Krynski
This article presents evidence that state funeral regulations affect the choice of whether to cremate or bury dead bodies. States that require either funeral directors to be embalmers or funeral homes to have embalming preparation rooms have lower cremation rates, holding other factors such as income, age, educational attainment, nativity, religious adherence, race, and region constant. These embalming regulations reduce cremation rates by roughly 16 percent, which increases the amount spent on funerals by 2.6 percent. The article also presents evidence that funeral directors induce consumers to choose burial over cremation, which supports one of the fundamental premises underlying the …
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …
Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin
Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin
Patrick Martin
In February of 2011, Governor of Ohio John Kasich signed legislation that created JobsOhio. This has been a controversial program based on the method that it was implemented and some of the rules that govern the program.it. In November of 2013, ProgressOhio, a citizens advocacy group, challenged the constitutionality of the program but the suit was dismissed by the Ohio Supreme Court for lack of standing by the plaintiffs. There has been no court decision that adjudicates the program on the merits, only on the jurisdictional standing of a party to a suit that challenged the legislation. To date, only …
Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton
Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton
Timothy D. Lytton
This essay critically evaluates Richard Thaler and Cass Sunstein’s proposal to allow patients to prospectively waive their rights to bring a malpractice claim, presented in their recent, much acclaimed book, Nudge: Improving Decisions about Health, Wealth and Happiness. We show that the behavioral insights that undergird Nudge do not support the waiver proposal. In addition, we demonstrate that Thaler and Sunstein have not provided a persuasive cost-benefit justification for the proposal. Finally, we argue that their liberty-based defense of waivers rests on misleading analogies and polemical rhetoric that ignore the liberty and other interests served by patients’ tort law rights. …
Endogenous Research And Development And Intellectual Property Laws In Developed And Emerging Economies, Aniruddha Bagchi, Abhra Roy
Endogenous Research And Development And Intellectual Property Laws In Developed And Emerging Economies, Aniruddha Bagchi, Abhra Roy
Abhra Roy
The incentive of providing protection of intellectual property has been analyzed both for an emerging economy and for a developed economy. The optimal patent length and the optimal patent breadth within a country are found to be positively related to each other for a fixed structure of laws abroad. Moreover, a country can respond to stronger patent protection abroad by weakening its patent protection under certain circumstances and by strengthening its patent protection under other circumstances. These results depend on the curvature of the research-and-development production function. Finally, we investigate the impact of an increase in the willingness to pay …
Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges
Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges
Robert P Merges
No abstract provided.
Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke
Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke
Robert P Merges
No abstract provided.
On The Complex Economics Of Patent Scope, Robert P. Merges, Richard R. Nelson
On The Complex Economics Of Patent Scope, Robert P. Merges, Richard R. Nelson
Robert P Merges
No abstract provided.
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor
Jarrod Tudor
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …
Discriminatory Internal Taxation In The European Union: The Power Of The European Court Of Justice To Limit The Tax Sovereignty Of Member-States Under Article 110 Of The Tfeu, Jarrod Tudor
Jarrod Tudor
Protectionism can come in a variety of methods including the use of internal taxation policies that discriminate against imports making those imports more expensive on the domestic market and thus favoring domestically-produced goods. Discriminatory taxation policies have been developed by member-states to mask protectionism by distinguishing products based on import status, product similarity, product life cycle, consumption, tax collection practices, transportation charges, and state aid. The Framers of the Treaty on the Functioning of the European Union (TFEU) wrote Article 110 with the objective in mind to prohibit internal taxation policies from discriminating against goods in made in other member-states. …
Heterodox Challenges To Consumption-Oriented Models Of Legislation, Luigi Russi, John Haskell
Heterodox Challenges To Consumption-Oriented Models Of Legislation, Luigi Russi, John Haskell
Luigi Russi
Consumption-oriented models of governance dominate the contemporary global legal architecture. The financial crisis beginning in 2008, however, poses fundamental questions about the future viability of these approaches to economics and law. This paper attempts to first, evaluate consumptionÕs salient historical development and themes from the post- World War II era to more recent legislative innovation, and second, introduce seven heterodox vignettes that challenge the hegemony of consumption in legislative policy. The paper concludes with some brief reflections upon potential opportunities and limitations of these heterodox traditions within future scholarship and policy addressing the interplay of law and consumption in global …
Some Basic Marxist Concepts To Understand Income Tax, John Passant
Some Basic Marxist Concepts To Understand Income Tax, John Passant
John Passant
The paper introduces readers to some basic Marxist concepts to give the building blocks for an alternative understanding of tax and perhaps even to inspire some to use these concepts and ideas in their future research. It argues that the tax system reflects the phenomena of wealth and income and that there is a deeper reality obscured and ignored by the income tax system as an outcrop of a capitalist system which does the same. This deeper reality is that capital exploits workers and that profit, rent, interest and the like are the money form of the unpaid labour of …
In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu
In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu
Shi-Ling Hsu
American agriculture is inexorably concentrating into the hands of a small number of large conglomerates. Expanding farms pursuing scale economies would also normally have to abide by a system of environmental and other laws that would, in theory, require farms to account for negative externalities. If those laws were observed and enforced, they would help strike a balance between the greater profitability and the larger externalities of larger farms. But these laws are not widely observed and not rigorously enforced, upsetting this balance and giving large-scale farms a cost advantage while insulating them from corresponding responsibilities.
Perhaps nowhere in agriculture …
Navigating The Expanding Universe Of International Treaties On Foreign Investment-- Creation And Use Of A Critical Index, Julien Chaisse
Navigating The Expanding Universe Of International Treaties On Foreign Investment-- Creation And Use Of A Critical Index, Julien Chaisse
Julien Chaisse
Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations
Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations
David Gamage
Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification – a fact that has confounded generations of scholars and created a mess of case law. This paper argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability …
The Unemployment Rate: Time To Give It A Rest?, Stewart J. Schwab, John J. Seater
The Unemployment Rate: Time To Give It A Rest?, Stewart J. Schwab, John J. Seater
Stewart J Schwab
The most overworked figure in our society may be the unemployment rate. Newscasters, politicians, and economists use it in discussing everything from the overall health of the economy to the merits of alternative welfare programs. Despite its widespread use, however, the unemployment rate frequently is criticized for not indicating the true state of the economy’s health or of society’s welfare. If the unemployment rate falls to 4 percent, for example, some economists will argue that it’s too low and that, even though the rate is greater than zero, the economy is overemployed. Others will argue that unemployment has not fallen …
On The Proper Motives Of Corporate Directors (Or, Why You Don't Want To Invite Homo Economicus To Join Your Board), Lynn A. Stout
On The Proper Motives Of Corporate Directors (Or, Why You Don't Want To Invite Homo Economicus To Join Your Board), Lynn A. Stout
Lynn A. Stout
One of the most important questions in corporate governance is how directors of public corporations can be motivated to serve the interests of the firm. Directors frequently hold only small stakes in the companies they manage. Moreover, a variety of legal rules and contractual arrangements insulate them from liability for business failures. Why then should we expect them to do a good job? Conventional corporate scholarship has great difficulty wrestling with this question, in large part because conventional scholarship usually adopts the economist's assumption that directors are rational actors motivated purely by self-interest. This homo economicus model of behavior may …
A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman
A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman
Kevin Hollenbeck
No abstract provided.
All-Units Discounts As A Partial Foreclosure Device, Yong Chao, Guofu Tan
All-Units Discounts As A Partial Foreclosure Device, Yong Chao, Guofu Tan
Yong Chao
All-units discounts (AUD) are pricing schemes that lower a buyer’s marginal price on every unit purchased when the buyer’s purchase exceeds or is equal to a pre-specified threshold. The AUD and related conditional rebates are commonly used in both final-goods and intermediate-goods markets. Although the existing literature has thus far focused on interpreting the AUD as a price discrimination tool, investment incentive program, or rent-shifting instrument, the antitrust concerns on the AUD and related conditional rebates are often their plausible exclusionary effects.
In this article, we investigate strategic effects of volume-threshold based AUD used by a dominant firm in the …