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Law and Economics

Selected Works

2009

Institution
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Articles 31 - 60 of 140

Full-Text Articles in Law

A Production Theory Of Pure Economic Loss, Robert J. Rhee Jul 2009

A Production Theory Of Pure Economic Loss, Robert J. Rhee

Robert Rhee

Although the pure economic loss rule has been remarkably durable in the common law, it suffers from a theoretical deficit. The rule has not been properly framed within the broader context of Anglo-American political economy. Any theory must recognize that the rule fundamentally deals with business risk and economic organization. Two conceptions of risk are important: risk to economic assets essential to the production function (loss of a factor of production), and risk to outcomes (loss of production). This Article proposes a production theory of the pure economic loss rule, which is rooted in the neoclassical economic understanding of the …


Bonding Limited Liability, Robert J. Rhee Jul 2009

Bonding Limited Liability, Robert J. Rhee

Robert Rhee

Limited liability is considered a “birthright” of corporations. The concept is entrenched in legal theory, and it is a fixed reality of the political economy. But it remains controversial. Scholarly debate has been engaged in absolute terms of defending the rule or advocating its abrogation. Though compelling, these polar positions, often expressed in abstract arguments, are associated with disquieting effects. Without limited liability, efficiency may be severely compromised. With it, involuntary tort creditors bear some of the cost of an enterprise. Most other proposals for reforming limited liability have been incremental, such as modifying veil piercing. However, neither absolutism nor …


The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo Jul 2009

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo

Paolo Santella

No abstract provided.


The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo Jul 2009

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo

Carlo Drago

No abstract provided.


The New Federalism Attack On Doma: Does The Supreme Court Really Care About States' Rights?, Kent Greenfield Jul 2009

The New Federalism Attack On Doma: Does The Supreme Court Really Care About States' Rights?, Kent Greenfield

Kent Greenfield

No abstract provided.


Crisis Económica Y Política De Competencia En México, Víctor Pavón-Villamayor Jul 2009

Crisis Económica Y Política De Competencia En México, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.


Law Journals Of Cssci: Which One Is More Influential In Knowledge Production(Cssci法学期刊──谁更有知识影响力), Meng Hou Jul 2009

Law Journals Of Cssci: Which One Is More Influential In Knowledge Production(Cssci法学期刊──谁更有知识影响力), Meng Hou

Hou Meng

No abstract provided.


Free Falling With A Parachute That May Not Open: Debtor-In-Possession Financing In The Wake Of The Great Recession, Jarrod B. Martin, Kristofor Nelson, Eric Rudenberg, Jonathan Squires Jul 2009

Free Falling With A Parachute That May Not Open: Debtor-In-Possession Financing In The Wake Of The Great Recession, Jarrod B. Martin, Kristofor Nelson, Eric Rudenberg, Jonathan Squires

Jarrod B Martin

Debtor-in-possession (DIP) financing is one of the most important building blocks of a Chapter 11 bankruptcy case. The recent economic downturn, however, has frozen the DIP financing market. Absent the financing necessary to reorganize, many companies will be forced to liquidate. Who will fill the void in DIP financing as banks exit the market? This note seeks to explore alternative options—local banks, the government, and private equity or hedge funds—that may fill the vacuum left by the banks, and the risks and rewards associated with DIP financing. As these alternate institutions go forward, the landscape of DIP financing may forever …


Competition Law And The International Transport Sectors, Sock Yong Phang Jun 2009

Competition Law And The International Transport Sectors, Sock Yong Phang

PHANG Sock Yong

No abstract provided.


Asean & South Asia; Victims & Winners In Textiles & Clothing Trade After Quota Expiry, Umair Ghori Jun 2009

Asean & South Asia; Victims & Winners In Textiles & Clothing Trade After Quota Expiry, Umair Ghori

Umair H. Ghori

No abstract provided.


Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr. Jun 2009

Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr.

Donna M. Hughes

On Thursday (June 18, 2009), Governor Carcieri held a press conference to support Gianinni’s prostitution bill (H 5044A) and her House trafficking bill (H 5661A). Giannini’s bill will create laws against prostitution to “close the loophole” as it is often referred to. Joining the governor were Representative Joanne Giannini, the sponsor of the bills, Stacey Pires Veroni, Assistant Attorney General, Col. Doherty, Superintendent of the Rhode Island State Police, Representative Roberto DaSilva, and Donna M. Hughes, Professor at the University of Rhode Island. 


Testimony In Support Of "An Act Relating To Criminal Offenses--Prostitution" At Governors Press Conference, Rhode Island, Donna M. Hughes Dr. Jun 2009

Testimony In Support Of "An Act Relating To Criminal Offenses--Prostitution" At Governors Press Conference, Rhode Island, Donna M. Hughes Dr.

Donna M. Hughes

Prostitution is harmful to individuals involved, their families and the community. It is not a victimless activity or just a private sex act. Up to 90% of women in prostitution are beaten and raped by pimps and the men who buy sex. Approximately 90% are addicted to drugs and alcohol. They suffer depression and hopelessness; suicide attempts are common. For visual, physical evidence of the harm caused by prostitution, please look at this collection of serial photographs of prostitutes as they are being destroyed over time by prostitution and drug use. 

Because of decriminalized prostitution indoors, the sex industry is …


Olavo De Carvalho Sobre Economia De Mercado E Tradição, Lucas Mendes Jun 2009

Olavo De Carvalho Sobre Economia De Mercado E Tradição, Lucas Mendes

Lucas Mendes

O presente ensaio pretende discutir o argumento libertário de que a moral deve ser um elemento inerente, senão subjacente, à própria economia livre. Para tanto, traz-se à tona os argumentos de Gertrude Himmelfarb e Olavo de Carvalho para esclarecer o papel fundamental da ética e o porquê de sua prioridade absoluta sobre a ordem de mercado.


Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2009

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"


The Origins And Costs Of Short-Term Management, Kent Greenfield May 2009

The Origins And Costs Of Short-Term Management, Kent Greenfield

Kent Greenfield

Why is a fixation on the short term a problem for American businesses? One might hasten to answer that management is compensated for short-term successes. Another answer might be that some investors—particularly professional investors—value only the short term and manipulate the market in a particular stock so they can profit on the movement. These answers undoubtedly are part of the answer. But a puzzle remains: why does the market not punish such short-termism? This essay will present a possible answer.


Inheritance Law, Marcis Liors Skadmanis May 2009

Inheritance Law, Marcis Liors Skadmanis

Marcis Liors Skadmanis Mr.

Latvia's inheritance laws affect everyone who owns property in Latvia. The main laws are: The Constitution of the Republic of Latvia, Civil Law, Notary law; Civil Procedure Law; Law On Orphan's Courts; Land Register Law and Immigration Law and acts of the Cabinet of Ministers.


Comments Submitted To The Us Patent Office On Deferred Examination For Patent Applications, Ron D. Katznelson May 2009

Comments Submitted To The Us Patent Office On Deferred Examination For Patent Applications, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


The Supreme Court, Empathy, And The Science Of Decision Making, Kent Greenfield May 2009

The Supreme Court, Empathy, And The Science Of Decision Making, Kent Greenfield

Kent Greenfield

No abstract provided.


Crisis Económica Y Política Antimonopolios, Víctor Pavón-Villamayor May 2009

Crisis Económica Y Política Antimonopolios, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.


Of Big And Small Tents: Arlen Specter As A Dem, And The Obama Storm At Notre Dame, Kent Greenfield Apr 2009

Of Big And Small Tents: Arlen Specter As A Dem, And The Obama Storm At Notre Dame, Kent Greenfield

Kent Greenfield

No abstract provided.


Gasoline: Markets And The Role Of Government, Andrew Morriss Apr 2009

Gasoline: Markets And The Role Of Government, Andrew Morriss

Andrew P. Morriss

No abstract provided.


Fhaa & The Internet: The Prospects For Self-Regulation, Tim Iglesias Apr 2009

Fhaa & The Internet: The Prospects For Self-Regulation, Tim Iglesias

Tim Iglesias

This presentation argues that the internet offers both great promise and possible peril for anti-discrimination in housing. The potential for self-regulation is mixed but ultimately weak. The presentation concludes with a call for federal regulatory reform.


Green Jobs, Myth Or Reality?, Andrew Morriss Mar 2009

Green Jobs, Myth Or Reality?, Andrew Morriss

Andrew P. Morriss

No abstract provided.


An Introduction To Social Choice, Maxwell L. Stearns Mar 2009

An Introduction To Social Choice, Maxwell L. Stearns

Maxwell L. Stearns

Social choice studies the differing implications of the concept of rationality (or transitivity) for individuals versus groups under specified conditions and the significance of these differences in various institutional decision making contexts. This introductory chapter on social choice for the Elgar Handbook on Public Choice (Elgar Publishing Company, Dan Farber and Anne O’Connell, editors), introduces the basic framework of social choice, considers the implications of social choice for various legal and policy contexts, and provides a framework for evaluating a range of normative proposals grounded in social choice for reforming lawmaking institutions. After a brief introduction, part II introduces the …


The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi Mar 2009

The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi

Mark F. Grady

One of the most controversial theoretical issues of our time is the governance of cybersecurity. Computer security experts, national security experts, and policy analysts have all struggled to bring meaningful analysis to cybersecurity; however, the discipline of law & economics has yet to be fully applied to the issue. This introduction presents work by leading national scholars who examine this complex national security challenge from a law and economics perspective. The focus spans from a discussion of pure market solutions to public-private issue analysis, providing a valuable basis for policy considerations concerning the appropriate governmental role on the issue of …


Impedimentos A La Declaración Como Denominaciones De Origen En El Decreto Legislativo 1075 Sobre Propiedad Industrial, Gustavo M. Rodríguez García Mar 2009

Impedimentos A La Declaración Como Denominaciones De Origen En El Decreto Legislativo 1075 Sobre Propiedad Industrial, Gustavo M. Rodríguez García

Gustavo M. Rodríguez García

No abstract provided.


A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi Feb 2009

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Paolo Santella

No abstract provided.


Financial Derivatives And Intrinsic Separation Of Ownership And Control By Eugenio Simone De Nardis: Discussion (Powerpoint Format), Carlo Drago Feb 2009

Financial Derivatives And Intrinsic Separation Of Ownership And Control By Eugenio Simone De Nardis: Discussion (Powerpoint Format), Carlo Drago

Carlo Drago

No abstract provided.


A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi Feb 2009

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Carlo Drago

No abstract provided.


A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi Feb 2009

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Paolo Santella

No abstract provided.