Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Capital (1)
- Children (1)
- Choice of public (1)
- Civil Code (1)
- Coercion (1)
-
- Collateral (1)
- Copyright Act (1)
- Debtor (1)
- Decentralization (1)
- Ecology (1)
- Economic theory (1)
- Economics (1)
- Efficiency (1)
- Externality (1)
- Fair use (1)
- Families (1)
- Feminism (1)
- Foreclosure (1)
- Franchisor-franchisee (1)
- Free riding (1)
- Game theory (1)
- Households (1)
- Independent service organization (1)
- Jefferson Parish Hospital District No. 2 v. Hyde (1)
- Licensing (1)
- Lock-in (1)
- MAI Systems Corp. v. Peak Computer Inc. (1)
- Original equipment manufacturer (1)
- Pledge system (1)
- Pollution (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Revitalizing Environmental Federalism, Daniel C. Esty
Revitalizing Environmental Federalism, Daniel C. Esty
Michigan Law Review
Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …
Is Turn About Fair Play? Copyright Law And The Fair Use Of Computer Software Loaded Into Ram, Chad G. Asarch
Is Turn About Fair Play? Copyright Law And The Fair Use Of Computer Software Loaded Into Ram, Chad G. Asarch
Michigan Law Review
Computer systems, especially those in heavy-use commercial settings, often require routine maintenance to continue functioning properly. Many businesses turn to an independent service organization ("IS0") to provide computer maintenance services because ISOs frequently charge less than the original equipment manufacturer ("OEM") for those services. The tremendous growth in computer use has spawned a multi-billion dollar computer maintenance industry in the United States, and ISOs and OEMs have become engaged in fierce competition for this computer service business. The struggle between ISOs and OEMs to capture this expanding market has spilled over into the courts, spawning a number of recent decisions …
Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, Jason J. Kilborn
Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, Jason J. Kilborn
Michigan Law Review
After many turbulent years of uneasy transition to a market economy, Russia is finally "open for business." Nonetheless, the transitional period remains far from over, and Russian enterprises are still starved for capital that they desperately need for retooling to convert from military to consumer production, for acquiring new equipment to replace old and worn machinery, and for undertaking new and lucrative projects. While Russian financial institutions may provide significant funding, their reserves are limited; they could not hope to finance independently the multitude of existing and potential enterprises within the expansive Russian territory. Therefore, much of the financing for …
Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese
Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese
Michigan Law Review
Antitrust law has largely succumbed to the hegemony of balancing. Courts applying the rule of reason are told to balance a restraint's procompetitive effects against its anticompetitive impact. Mergers once deemed anticompetitive solely because they facilitated the exercise of market power are now evaluated by weighing the anticompetitive effects of such increased power against any efficiencies created by the transaction. Finally, some activities once deemed per se illegal are now subject to a balancing approach, either by explicit application of the rule of reason, or by recognition of certain affirmative defenses to otherwise per se violations. Unlike many other balancing …
Positivism And The Separation Of Law And Economics, Avery Wiener Katz
Positivism And The Separation Of Law And Economics, Avery Wiener Katz
Michigan Law Review
The goal of this essay is to explain this problem and to translate the meaning of positivism between legal and economic cultures, in order to show economists and lawyers why much of the debate about the jurisprudential merits of law and economics misses the mark. My thesis is that it is positivism, and the way economic culture treats the positive-normative distinction, that is responsible for much of the gulf between law and economics - but that it is also positivism that makes economics so appealing to so many lawyers and legal scholars. For a positivist approach can be useful to …
Game Theory And The Law: Ready For Prime Time?, Stephen W. Salant, Theodore S. Sims
Game Theory And The Law: Ready For Prime Time?, Stephen W. Salant, Theodore S. Sims
Michigan Law Review
A Review of Douglas G. Baird, Robert H. Gertner, and Randal C. Picker, Game Theory and the Law
Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin
Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin
Michigan Journal of Gender & Law
This Article examines the convergence of feminist and law and economics theory on family law questions, particularly issues of marriage and divorce. Both feminist legal theory and law and economics analysis have come to occupy a significant place in the American legal academy, demonstrated by growing numbers of conferences, journals, casebooks and monographs, and electronic mail lists in each area. Not surprisingly, as the two fields have grown, they have begun to touch, to overlap, and occasionally to come into conflict. This process has been evident in the extensive literature on sex discrimination in employment and is increasingly apparent in …