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Articles 151 - 169 of 169
Full-Text Articles in Law
The Paradox Of Ideology, Justin Schwartz
The Paradox Of Ideology, Justin Schwartz
Justin Schwartz
A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …
From Libertarianism To Egalitarianism, Justin Schwartz
From Libertarianism To Egalitarianism, Justin Schwartz
Justin Schwartz
A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough …
Deciding For Bigness, Richard Adelstein
Deciding For Bigness, Richard Adelstein
Richard Adelstein
Antitrust as a constitutional constraint on the growth of firms.
The Problem Of Transaction Costs, Pierre Schlag
Causal Apportionment: A Reply To The Critics, Mario Rizzo
Causal Apportionment: A Reply To The Critics, Mario Rizzo
Mario Rizzo
This article follows-up on the theory of apportionment by relative causal contribution developed in the Columbia Law Review. It is an answer to criticism by statisticians.
The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein
The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein
Richard Adelstein
A theory of intellectual goods as distinct from public or private goods, and the rationale for copyright that flows from it.
Stakes And Risks In Economic Sanctions, Joseph Pelzman, Tom Bayard, Jorge Perez-Lopez
Stakes And Risks In Economic Sanctions, Joseph Pelzman, Tom Bayard, Jorge Perez-Lopez
Joseph Pelzman
No abstract provided.
The Benefits And Costs Of The Deferral Of U.S. Taxes On Retained Earnings Of Controlled Foreign Corporations, Joseph Pelzman, Don Rousslang
The Benefits And Costs Of The Deferral Of U.S. Taxes On Retained Earnings Of Controlled Foreign Corporations, Joseph Pelzman, Don Rousslang
Joseph Pelzman
No abstract provided.
A Theory Of Economic Loss In The Law Of Torts, Mario Rizzo
A Theory Of Economic Loss In The Law Of Torts, Mario Rizzo
Mario Rizzo
This article contains a general theory that explains why pure economic loss ( that is, financial loss not associated with physical harm to the person or property of the plaintiff) is not to be recoverable at times and is recoverable at other times. The theory stresses the importance in the law of reducing contracting costs while still providing incentives to avoid true social costs.
A Note On Uncertain Lifetimes: A Comment, Joseph Pelzman, Don Rousslang
A Note On Uncertain Lifetimes: A Comment, Joseph Pelzman, Don Rousslang
Joseph Pelzman
No abstract provided.
The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein
The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein
Richard Adelstein
A comparative view of adjudication by guilty plea in the US and the UK.
Institutional Function And Evolution In The Criminal Process, Richard Adelstein
Institutional Function And Evolution In The Criminal Process, Richard Adelstein
Richard Adelstein
An extended development of the foundations of the price exaction model of the criminal process.
Causal Apportionment In The Law Of Torts, Mario Rizzo
Causal Apportionment In The Law Of Torts, Mario Rizzo
Mario Rizzo
This article presents a theory and a technology of damage apportionment (in cases of joint, concurrent or successive torts) based on relative causal contributions. While the theory is developed along the lines of strict liability, it is also applicable, mutatis mutandis, to a negligence framework.
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
Richard Adelstein
More on price exaction, and punishments as conveyors of cost information in the criminal process.
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Richard Adelstein
A further development of the price exaction model and an application to the problem of sentencing standards.
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
An early exposition of the price exaction framework and the place of plea bargaining in it.
Subdivision Exactions And Congestion Externalities (With Noel Edelson)
Subdivision Exactions And Congestion Externalities (With Noel Edelson)
Richard Adelstein
A model of congestion in housing and pricing policy to address it.
Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein
Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein
Richard Adelstein
An analysis of Porter v. United States (1973), a case involving the value of items owned by Lee Harvey Oswald.