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Full-Text Articles in Law
Law And Economics Scholarship And Supreme Court Antitrust Jurisprudence, 1950–2010, Camden Hutchison
Law And Economics Scholarship And Supreme Court Antitrust Jurisprudence, 1950–2010, Camden Hutchison
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Although law and economics has influenced nearly every area of American law, few have been as deeply and as thoroughly "economized" as antitrust. Beginning in the 1970s, antitrust law—traditionally informed by populist hostility to economic concentration—was dramatically transformed by a new and overriding focus on economic efficiency. This transformation was associated with a provocative new wave of antitrust scholarship, which claimed that economic efficiency (or "consumer welfare") was the sole legitimate aim of antitrust policy. The U.S. Supreme Court seemingly agreed, issuing decision after decision rejecting traditional antitrust values and adopting the efficiency norm of the law and economics movement. …
Capturing Excess In The On-Demand Economy, Erez Aloni
Capturing Excess In The On-Demand Economy, Erez Aloni
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Activities facilitated by on-demand platforms (such as Airbnb or Uber) produce varying levels of negative and positive externalities. In this Article I submit that the type and quantity of externalities produced are determined by the location of the activity along a spectrum of increased utilization. Transactions that make use of excess capacity produce the fewest negative externalities and produce more positive externalities. The more we move along the spectrum away from use of excess capacity and toward new capacity created for the platform use, the more negative externalities the activity produces. Thus, unique sets of rules should govern the categories …
Transparency Evolution: More Than The Right To Know, Ljiljana Biuković, Pitman B. Potter
Transparency Evolution: More Than The Right To Know, Ljiljana Biuković, Pitman B. Potter
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Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.