Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- Daniel A Monroy C (27)
- Richard Adelstein (21)
- Renzo E. Saavedra Velazco (13)
- enrico baffi (12)
- Jonathan M Barnett (11)
-
- Justin Schwartz (9)
- Alex Stein (8)
- Fernando Castillo Cadena (7)
- Paolo Santella (6)
- Wei Zhang (6)
- Carlo Drago (5)
- Hou Meng (5)
- Sang Yop Kang (5)
- Donald J. Kochan (4)
- John Donohue (4)
- Mario A Pinzón Camargo (4)
- Oren Gazal-Ayal (4)
- Robert C. Hockett (4)
- Satish K. Jain (4)
- Stéphane Mechoulan (4)
- Aaron Edlin (3)
- Bruno Meyerhof Salama (3)
- Charles W. Murdock (3)
- Daniel J Boyle (3)
- Dru Stevenson (3)
- Frank J. Garcia (3)
- Jay Tidmarsh (3)
- Joseph Pelzman (3)
- Lawrence J. Trautman Sr. (3)
- Maximiliano Marzetti (3)
Articles 1 - 30 of 396
Full-Text Articles in Law
The Team Production Theory Of Corporate Law: A Critical Assessment, Alan J. Meese
The Team Production Theory Of Corporate Law: A Critical Assessment, Alan J. Meese
Alan J. Meese
No abstract provided.
Up Close And Personal With Delaware, Darian M. Ibrahim, Brian J. Broughman
Up Close And Personal With Delaware, Darian M. Ibrahim, Brian J. Broughman
Darian M. Ibrahim
No abstract provided.
Delaware’S Familiarity, Brian J. Broughman, Darian M. Ibrahim
Delaware’S Familiarity, Brian J. Broughman, Darian M. Ibrahim
Darian M. Ibrahim
No abstract provided.
The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason
The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason
Eric D. Chason
No abstract provided.
Foreword: Property Rights And Economic Development, Eric Kades
Foreword: Property Rights And Economic Development, Eric Kades
Eric A. Kades
No abstract provided.
Foreign Citizens In Transnational Class Actions, Jay Tidmarsh, Linda Sandstrom Simard
Foreign Citizens In Transnational Class Actions, Jay Tidmarsh, Linda Sandstrom Simard
Jay Tidmarsh
This Article addresses an increasingly important question: When, if ever, should foreign citizens be included as members of an American class action? The existing consensus holds that courts should exclude from class membership those foreign citizens whose country does not recognize an American class judgment. Our analysis begins by establishing that this consensus is flawed. Rather, to minimize the costs associated with relitigation in a foreign forum, we must distinguish between foreign claimants who are likely to commence a subsequent foreign proceeding from those who are unlikely to do so; distinguishing between those who come from recognizing and nonrecognizing countries …
Optimal Class Size, Opt-Out Rights, And "Indivisible" Remedies, Jay Tidmarsh, David Betson
Optimal Class Size, Opt-Out Rights, And "Indivisible" Remedies, Jay Tidmarsh, David Betson
Jay Tidmarsh
Prepared for a Symposium on the ALI’s Aggregate Litigation Project, this paper examines the ALI’s proposal to permit opt-out rights when remedies and “divisible,” but not to permit them when remedies are “indivisible.” Starting from the ground up, the paper employs economic analysis to determine what the optimal size of a class action should be. We demonstrate that, in some circumstances, the optimal size of a class is a class composed of all victims, while in other cases, the optimal size is smaller. We further argue that courts should consider optimal class size in determining whether to certify a class, …
Understanding Crime Under Capitalism: A Critique Of American Criminal Justice And Introduction To Marxist Jurisprudence, Steven E. Gilmore
Understanding Crime Under Capitalism: A Critique Of American Criminal Justice And Introduction To Marxist Jurisprudence, Steven E. Gilmore
Steven E Gilmore
3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom
3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom
Evan R. Youngstrom
Today, our society is on a precipice of significant advancement in healthcare because 3D printing will usher in the next generation of medicine. The next generation will be driven by customization, which will allow doctors to replace limbs and individualize drugs. However, the next generation will be without large pharmaceutical companies and their justifications for strong intellectual property rights. However, the current patent system (which is underpinned by a social tradeoff made from property incentives) is not flexible enough to cope with 3D printing’s rapid development. Very soon, the social tradeoff will no longer benefit society, so it must be …
¡Las Preferencias Dependen Del Punto De Referencia!: Un Desafío Al Análisis Económico –Y Coaseano– Del Derecho, Daniel A. Monroy
¡Las Preferencias Dependen Del Punto De Referencia!: Un Desafío Al Análisis Económico –Y Coaseano– Del Derecho, Daniel A. Monroy
Daniel A Monroy C
The “coasean” theory of Law and the theory of Law & Economics (L&E) in general, implicitly assume the truthfulness of certain behavioral assumptions: the "preference exogeneity" and "reference independence". In this context, this paper points out some objections to these assumptions, and in this order, the paper shows multiple and deep inconsistencies with regard to: (i) how the L&E predicts individual behavior and the effects of legal rules, and (ii) –from a normative point of view– the way that economic theory recommends the lawmakers decisions. The paper also shows some L&E challenges associated with the behavioral assumption that people value …
Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty
Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty
Benjamin C McCarty
The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
On Ronald Coase As Political Economist”, Walter E. Block
On Ronald Coase As Political Economist”, Walter E. Block
Walter E Block
Despite Coase’s many and important contributions to economics he has mislead the profession of economics with his work in social costs, for which he is perhaps most famous. If his analytic model were incorporated into the actual practice of law, this would undermine the rule of law and private property rights, and, with them, all hope for prosperity and economic growth. In addition, his views on this topic are manifestly unjust. This all stems, in the present analysis, from Coase’s inability to make a distinction between peaceful cooperation and initiatory violence, the most important one in all of political economy …
La Insoportable Levedad Del Legislador Argentino En Materia De Derecho De Autor Digresiones Jurídico-Económicos En Torno Al Proyecto Legislativo Que Propone Extender La Duración De Las Obras Fotográficas, Maximiliano Marzetti
Maximiliano Marzetti
Este aporte tiene una doble finalidad, catártica y educativa. Por un lado quiero desahogarme al ver como la historia se repite: la vetusta ley de propiedad intelectual N° 11.723 sólo se retoca para extender privilegios económicos de un sector y no en beneficio del bien común. Por otro, continúo mi prédica para intentar convencer a colegas y legisladores para que se adentren en el fabuloso mundo de la multidisciplina. Necesitamos legisladores que sepan de derecho, economía y ciencias sociales, o al menos que sepan escuchar a quienes saben.
Is Moderation The Highest Virtue? A Comparative Study Of A Middle Way Of Control Transaction Regimes, Yueh-Ping Yang, Pin-Hsien Lee
Is Moderation The Highest Virtue? A Comparative Study Of A Middle Way Of Control Transaction Regimes, Yueh-Ping Yang, Pin-Hsien Lee
Yueh-Ping Yang
Comparative studies of control transaction regimes mostly compare between the Market Rule as adopted in the U.S. and the General Offer Rule ad adopted in European Union, while paying less attention to the Partial Offer Rule, a middle way model adopted in many East Asian countries such as Japan, South Korea, China, Taiwan, etc. In this paper, we attempt to fill this gap by highlighting the Partial Offer Rule adopted in these countries, analyzing this rule’s theoretical foundation and observing its implementation in practice. Our theoretical analyses of the Partial Offer Rule are comprised of two parts. First, by adding …
Behavioral Economics And Poverty [En Español] Behavioral Economics Y Pobreza, Daniel A. Monroy
Behavioral Economics And Poverty [En Español] Behavioral Economics Y Pobreza, Daniel A. Monroy
Daniel A Monroy C
No abstract provided.
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 …
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio
Giancarlo Francesco Frosio
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …
The Law And Economics Of Consumer Debt Collection And Its Regulation, Todd J. Zywicki
The Law And Economics Of Consumer Debt Collection And Its Regulation, Todd J. Zywicki
Todd J. Zywicki
This article reviews the law and economics of consumer debt collection and its regulation a topic that has taken on added urgency in light of the announcement by the Consumer Financial Protection Bureau that it is considering new regulations on the subject. Although stricter regulation of permissible debt collection practices can benefit those consumers who are in default and increase demand for credit by consumers, overly-restrictive regulation will result in higher interest rates and less access to credit for consumers, especially higher-risk consumers. Regulation of particular practices may also have the unintended consequence of providing incentives for creditors to more …
Tying And Bundled Discounts: An Equilibrium Analysis Of Antitrust Liability Tests, Melanie S. Williams
Tying And Bundled Discounts: An Equilibrium Analysis Of Antitrust Liability Tests, Melanie S. Williams
Melanie S. Williams
Courts have struggled with determining when bundled discounts constitute unlawfully anticompetitive behavior. The current circuit split reflects an absence of consensus. This lack of legal guidance creates uncertainty in the market, with firms being given inconsistent – and sometimes contradictory - standards on how to avoid antitrust liability.
For the most part, we consider a standard paradigm for analyzing bundled discounts. Suppose that there are two firms. Firm 1 produces a monopoly product, A, and also another product, B, which competes with another version of B produced by Firm 2. The concern is the extent to which the price paid …
Una Aproximación Neoinstitucionalista Al Derecho (Económico) Internacional, Daniel A. Monroy
Una Aproximación Neoinstitucionalista Al Derecho (Económico) Internacional, Daniel A. Monroy
Daniel A Monroy C
ResumenEste artículo indaga acerca de cómo el análisis económico del derecho (AED) puede servir a los juristas-internacionalistas para examinar ciertas cuestiones relevantes del derecho internacional (DI) en general y del derecho económico internacional (DEI) en específico. Concretamente, se sostiene la hipótesis de que la denominada “Nueva Economía Institucional” (NEI) representan una alternativa de aproximación económica consistente y que se ajusta de forma adecuada al contexto del DI. Para demostrar la hipótesis, el artículo sintetiza algunos conceptos propios de la NEI, y a partir de ellos trata de establecer sendos paralelos con cuestiones propias del DI. Los conceptos que se …
"Globalization And Legal Culture. The Influence Of Law & Economics’ Blogs In Developing Countries,", Críspulo Marmolejo
"Globalization And Legal Culture. The Influence Of Law & Economics’ Blogs In Developing Countries,", Críspulo Marmolejo
Críspulo Marmolejo
This paper considers the relationship between blogs and Law and Economics from two perspectives: some aspects of the law and economics approach to blogging, and the influence of blogs in the diffusion of Law and Economics. The article explores how blogs are a modern way of low cost domestic journalism, in a context in which the increasingsize of the blogosphere is a current challenge in terms of free speech and quality of the information. At the same time, blogs such as “The Volokh Conspiracy” are playing an interesting role in the American legal academia as areal instrument to analyze the …
Health Care And The Balance Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Health Care., George A. Nation Iii
Health Care And The Balance Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Health Care., George A. Nation Iii
George A Nation III
A large and growing group of insured patients is being unfairly burdened by hospitals’ exorbitant chargemaster prices. The burden is brought to bear on these patients through a process known as balance billing. For a variety of reasons hospital networks are becoming narrower as hospital systems contract with fewer insurers, and as a result, more and more patients are receiving balance bills. The practice of balance billing puts upward pressure on health care prices in general. That is, this practice leads to higher prices across the board for the uninsured, the out-of-network insured and even the in-network insured. This article …
The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi
The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi
Tonja Jacobi
Describing the justices of the Supreme Court as ‘liberals’ and ‘conservatives’ has become so standard—and the left-right division on the Court is considered so entrenched—that any deviation from that pattern is treated with surprise. Attentive Court watchers know that the justices are not just politicians in robes, deciding each case on a purely ideological basis. Yet the increasingly influential empirical legal studies literature assumes just that—that a left-right ideological dimension fully describes the Supreme Court. We show that there is a second, more legally-focused dimension of judicial decision-making. A continuum between legalism and pragmatism also divides the justices, in ways …
Path-Dependent Deadlock: The Institutional Causes Of The Euro Crisis, Samuel Dahan Dr.
Path-Dependent Deadlock: The Institutional Causes Of The Euro Crisis, Samuel Dahan Dr.
Samuel Dahan Dr.
@font-face { font-family: "CG Times"; }p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0in 0in 0.0001pt; text-align: justify; text-indent: 0.25in; font-size: 12pt; font-family: "CG Times","serif"; }p.MsoFootnoteText, li.MsoFootnoteText, div.MsoFootnoteText { margin: 0in 0in 0.0001pt; text-align: justify; text-indent: 0.25in; font-size: 10pt; font-family: "CG Times","serif"; }span.MsoFootnoteReference { vertical-align: super; }span.FootnoteTextChar { font-family: "CG Times","serif"; }.MsoChpDefault { font-size: 10pt; }div.WordSection1 { page: WordSection1; } We argue that the characterization of the financial turmoil in the European Monetary Union as merely a sovereign debt crisis is inaccurate insofar as the deterioration of public finances represents the culmination of a process: legal and institutional flaws laid the ground for …
After Citizens United: Extending The Liberal Revolution To The Multinational Corporation, Daniel J.H. Greenwood
After Citizens United: Extending The Liberal Revolution To The Multinational Corporation, Daniel J.H. Greenwood
Daniel J.H. Greenwood
This Article proposes several routes to reverse Citizens United, the Supreme Court case holding that corporate campaign spending is “speech” protected by the First Amendment.
The core problem of Citizens United is that corporations are illegitimate participants in our politics. Corporate law requires corporate officers to pursue the corporate interest. They are thus disqualified from considering the central political questions of a democratic capitalist country: defining the rules of the market (which define corporate interests) and balancing profit against other, more important, values.
The high road to fixing Citizens United is a constitutional amendment to extend the fundamental insights …
Visualizing Dna Proof, Nicholas L. Georgakopoulos
Visualizing Dna Proof, Nicholas L. Georgakopoulos
Nicholas L Georgakopoulos
DNA proof inherently involves the use of probability theory, which is often counterintuitive. Visual depictions of probability theory, however, can clarify the analysis and make it tractable. A DNA hit from a large database is a notoriously difficult probability theory issue, yet the visuals should enable courts and juries to handle it. The Puckett facts are an example of a general approach: A search in a large DNA database produces a hit for a cold crime from 1972 San Francisco. Probability theory allows us to process the probabilities that someone else in the database, someone not in the database, or …
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Jonathan Wood
The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …
Puzzles In Controlling Shareholder Regimes And China: Shareholder Primacy And (Quasi) Monopoly, Sang Yop Kang
Puzzles In Controlling Shareholder Regimes And China: Shareholder Primacy And (Quasi) Monopoly, Sang Yop Kang
Sang Yop Kang
Professor Mark Roe explained that the shareholder wealth maximization norm (“the norm”) is not fit for a country with a (quasi) monopoly, because the norm encourages managers to maximize monopoly rents, to the detriment of the national economy. This Article provides new findings and counter-intuitive arguments as to the tension created by the norm and (quasi) monopoly by exploring three key corporate governance concepts that Roe did not examine—(1) “controlling minority structure” (CMS), where dominant shareholders hold a fractional ownership in their controlled-corporations, (2) “tunneling” (i.e., illicit transfer of corporate wealth to controlling shareholders), and (3) Chinese state-owned enterprises (SOEs). …
Neither Savior Nor Bogeyman: What Waits Behind The Door Of Third-Party Litigation Financing?, Jeremy Kidd
Neither Savior Nor Bogeyman: What Waits Behind The Door Of Third-Party Litigation Financing?, Jeremy Kidd
Jeremy Kidd
The arguments for and against third-party litigation financing are based on incorrect assumptions regarding the impacts on total litigation. A formal model incorporating the choices of plaintiff, lawyer, and financier shows only minimal impact on total litigation, largely positive. However, after addressing the potential for long-term, strategic behavior by financiers, it is obvious that some dangers remain. Divorced from the dramatic claims of proponents and opponents, litigation financing is merely a tool that can be used for good or bad, and differentiating by types of claims and the incentives of the parties allows that tool to be appropriately used.