Law Commons^™

Changing The Use Of Water Rights In Colorado: Recent Experience, John Wittemyer

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

38 pages.

Potential Improvements In Irrigation Management Practices: Water Savings And Costs, James R. Gilley

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

26 pages.

Water Development And Acquisition For A Municipal Supply, Tom Griswold

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.

A Case Study: Imperial Valley, California, Dennis B. Underwood

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

22 pages.

Least Cost Approaches For Satisfying Water Demand: An Alternatives Analysis, Zach Willey

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

27 pages.

Contains references.

Changing Patterns Of Water Use In The West: Pressures On The System, David H. Getches

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

17 pages.

Augmenting Municipal Water Supplies Through Agricultural Water Conservation, David Engels

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

38 pages (includes maps).

Opportunities For Improving The Ways We Use Water, Thomas M. Stetson

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

40 pages.

Contains references.

Agenda: Western Water: Expanding Uses/Finite Supplies, University Of Colorado Boulder. Natural Resources Law Center

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell and David H. Getches.

This conference featured luncheon talks by Colorado Governor Richard D. Lamm and Undersecretary of the Department of the Interior Ann McLaughlin. The conference attracted 115 registrants from 19 states plus the District of Columbia.

An Economic Analysis Of Antitrust Law's Natural Monopoly Cases, John Cirace

West Virginia Law Review

No abstract provided.

Egoism, Altruism, And Market Illusions: The Limits Of Law And Economics, Jeffrey L. Harrison

UF Law Faculty Publications

The primary objective of this Article is to question assumptions in order to show that the conventional economic approach to law and public policy has limited value. The arguments are founded on empirical evidence drawn from many fields of study. An underlying theme is that the current application of economic analysis to law should be regarded as an interim step toward the integration of law with the behavioral, natural, and social sciences.

Part I describes the two forms of the self-interest assumption more completely. This examination reveals that economics and the separate study of law and economics are caught in …

Is Statistical Discrimination Efficient?, Stewart J. Schwab

Cornell Law Faculty Publications

No abstract provided.

The Place Of Law And Literature, William H. Page

Vanderbilt Law Review

The modern field of law and literature began in 1907 with the publication of Wigmore's list of novels related to law.' The form of that work is significant because for decades, the field remained largely one of reading lists assembled to broaden the perspectives of practicing lawyers. In literary scholarship, law and literature scarcely could have been called a field; critics discussed the effects of law on the work of various writers, often perceptively but their studies were independent of each other and of legal scholarship. In the past decade, however, law and literature has shed its nonprofessional heritage and …

Limited Liability And Corporate Groups, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

Consumer Protection In The United States: Control Of Unfair Or Unconscionable Practices, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

The Role Of Efficiency Justifications In U.S.-American And West German Merger Control Law: A Comparison, Christian Westerhausen

LLM Theses and Essays

When merger control laws first emerged in the United States and West Germany in the early 1900s, some businessmen and economists argued that the efficiency of businesses was impeded by antimerger laws. They contended that only very large businesses could realize significant efficiencies, be internationally competitive, and attain technological progress. This paper analyzes the role that these efficiency arguments had on the laws in West Germany and the United States, respectively. German law mainly upheld the idea that preservation of competition was most important for business efficiency, but also included a provision that firms could put forward the social desirability …

Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon

Publications

No abstract provided.

Gray-Market Imports: Causes, Consequences And Responses, Michael S. Knoll

All Faculty Scholarship

This article explores the issue of gray-market imports. The author explains the four causes of gray-market imports and explores the possibility of private remedies in order to stem the flow of these imports. The article then turns to the possibility of protection in the public sector by discussing pertinent statutory provisions and the development of the case law in this area.

Foreign Investment: Foreign Economic Contract Law, Jacques Delisle

All Faculty Scholarship

No abstract provided.

Developments In Law - Toxic Waste Litigation, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Bankruptcy Law Of The People's Republic Of China: Principle, Procedure & Practice, Henry R. Zheng

Vanderbilt Journal of Transnational Law

The Enterprise Bankruptcy Law of the People's Republic of China (For Trial Use) (the National Act), promulgated on December 2, 1986, is the first bankruptcy legislation applicable nationwide in the People's Republic of China (PRC or China). At the same time, some regional governments have also enacted regional bankruptcy laws with very limited geographic application. The National Act applies only to state-owned Chinese enterprises, while one regional bankruptcy regulation applies exclusively to foreign investment enterprises." The PRC thus has developed two parallel bankruptcy regimes. The introduction of a bankruptcy system in China represents a significant development in the economic relationship …

Comity And Sovereign Debt Litigation: A Bankruptcy Analogy, Stephen Bainbridge

Maryland Journal of International Law

No abstract provided.

Fishing And Selling, Victor P. Goldberg

Faculty Scholarship

Consumers are a lot like fish, out there waiting to be hooked. Like most images, this one is a caricature of reality. The choice and search effort of consumers is suppressed in order to explore the implications of selling activity by manufacturers and retailers. In particular, the fishing analogy suggests that there is a tendency toward excessive selling activity if sellers do not take into account the effects of their activity on the costs of their rivals. However, sellers, like fishermen, have an incentive to arrange their affairs to mitigate the dissipation of rents. This argument is developed in Section …

An Appreciative Comment On Coase's The Problem Of Social Cost: A View From The Left, Pierre Schlag

Publications

Professor Coase's article, The Problem of Social Cost, played a significant role in launching the law and economics movement. Coase's insights have been used extensively by the law and economics movement as authority and inspiration for the development of an essentially right-leaning approach to law. In this Article, Professor Schlag undertakes to reexamine the original article. He shows that Coase's deconstructive moves opened up a series of volatile and radical inquiries. He then argues that the law and economics movement, in general, and Judge Posner, in particular, shut down the dangerous radicalism of these inquiries by hypostasizing Coase's insights …

Rethinking The Theory Of Legal Rights, Jules S. Coleman, Jody S. Kraus

Faculty Scholarship

In the economic approach to law, legal rights are designed, in part, to overcome the conditions under which markets fail. In correcting for market failure, economic analysis endorses two rules for assigning legal rights. The first specifies the allocation of rights under conditions of rational cooperation, full information and zero transaction costs. Provided that exchange is available and that obstacles to exercising it are insignificant, rational cooperators will negotiate around inefficiencies. Under these conditions, legal rights are not assigned in order to establish optimal levels of resource deployment directly; rather, they establish well-defined entitlements or negotiation points which create a …

Economics Of Public Use, Thomas W. Merrill

Faculty Scholarship

The fifth amendment to the United States Constitution, as well as most state constitutions, provides that private property shall not be taken "for public use" unless just compensation is paid. American courts have long construed this to mean that some showing of "publicness" is a condition precedent to a legitimate exercise of the power of eminent domain. Thus, when a proposed condemnation of property lacks the appropriate public quality, the taking is deemed to be unconstitutional and can be enjoined. In practice, however, most observers today think the public use limitation is a dead letter. Three recent decisions, upholding takings …

Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

The Politics Of The Coase Theorem And Its Relationship To Modern Legal Thought, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.

Takeover Defense Tactics: A Comment On Two Models, Jeffrey N. Gordon, Lewis A. Kornhauser

Faculty Scholarship

One of the most important debates of current corporate law practice and scholarship is about the appropriate role of target management confronted with a takeover bid. The controversy turns on the identification of a criterion for evaluating takeovers and target management defensive tactics. An influential body of opinion contends that maximization of shareholder wealth is the appropriate criterion because, first, traditional notions of fiduciary duty generally require managers to act in the shareholders' interest, and, second, shareholder wealth maximization is seen as the best available proxy for social wealth maximization. On this view, takeovers are desirable because they can increase …

Error And Rationality In Individual Decisionmaking: An Essay On The Relationship Between Cognitive Illusion And The Management Of Choice, Robert E. Scott

Faculty Scholarship

How do individuals make choices? In recent years, economists, psychologists and legal academics have searched for answers to various aspects of this question. One topic of recent interest, for example, concerns a lingering problem in information theory: Does consumer inability to process "too much" information cause market failure? The normative implications of this question raise significant policy issues. If consumers' cognitive circuits can become overloaded, then information disclosure is less appealing than direct regulation as a solution to problems of market failure.