Law Commons^™

Aging America, Thomas L. Shaffer

Thomas L. Shaffer

Professor Sarah Harper's assessment of the legal, political,

medical, and economic issues associated with old age in the

United States heralded the theme for this Symposium, "Aging

America." Her analysis turns, as she puts it, on "a fundamental

shift in the demographic structure of society. No longer will it be

the norm to have large numbers of young and small numbers of

old,"1 as it was when I was a boy (age 11 on V.J. Day, 1945).

"Rather, we are entering a world where age groups will be distributed

more or less equally across society-an age-symmetric society."

2 Soon, America …

What Does The Minimum Wage Have To Do With Reproductive Rights?, Terry O'Neill

Terry O'Neill

No abstract provided.

Result Inequality In Family Law, Margaret F. Brinig

Margaret F Brinig

To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the U.S. Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs. This Article …

Merger Simulation: A Simplified Approach With New Applications, Roy J. Epstein, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Merger simulation is growing in importance as a tool to evaluate the unilateral competitive effects of mergers. This paper offers a relatively non-technical description of the principles of merger simulation. In addition, it introduces PCAIDS, a new and highly flexible "calibrated-demand" merger simulation methodology that is based on a simplified version of AIDS. PCAIDS can be implemented using market shares and two price elasticities; scanner or transaction-level data are not required. The paper offers some applications of merger simulation with PCAIDS that include comparisons with other simulation models. It also shows how PCAIDS can be applied to the analysis of …

Antitrust Enforcement In Dynamic Network Industries, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.

Nuisance Protection Law Unconstitutional, Neil E. Harl, Charles F. Curtiss

Neil E. Harl

In late September, the Iowa Supreme Court declared unanimously that an Iowa statute providing protection against nuisance suits for agricultural operations is "flagrantly" unconstitutional. The lawsuit involved the Iowa agricultural areas statute that allows counties to designate agricultural areas of at least 300 contiguous acres. Farming operations conducted within such a designated area are not subject to nuisance lawsuits if they are operated properly.

Late Harvest And Crop Insurance Coverage, William M. Edwards

William Edwards

Iowa and other Corn Belt states are experiencing one of the latest and slowest harvest seasons on record. Some producers have had concerns about whether their crop insurance coverage will be still be in effect if harvesting drags into December.

Late Harvest And Crop Insurance Coverage, William M. Edwards

William Edwards

Iowa and other Corn Belt states are experiencing one of the latest and slowest harvest seasons on record. Some producers have had concerns about whether their crop insurance coverage will be still be in effect if harvesting drags into December.

Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards

William Edwards

The frequent rains that have soaked Iowa this year have left many corn and soybean fields with areas where little or no production will be realized. Many producers are wondering what options they have under their multiple peril crop insurance policies.

Crop Insurance Has Some Changes For 2009, William M. Edwards

William Edwards

Crop insurance indemnity prices, guarantees and premiums were all at record levels for corn and soybeans in 2008. Current market conditions make it unlikely that those levels will be reached again in 2009, but they will still be attractive. The Risk Management Agency has announced indemnity prices of $4 per bushel for corn and $9.90 per bushel for soybeans for APH (yield) insurance guarantees for 2009, the second highest prices ever offered. Prices for revenue insurance policies will not be known until the end of February.

Crop Insurance Has Some Changes For 2009, William M. Edwards

William Edwards

Crop insurance indemnity prices, guarantees and premiums were all at record levels for corn and soybeans in 2008. Current market conditions make it unlikely that those levels will be reached again in 2009, but they will still be attractive. The Risk Management Agency has announced indemnity prices of $4 per bushel for corn and $9.90 per bushel for soybeans for APH (yield) insurance guarantees for 2009, the second highest prices ever offered. Prices for revenue insurance policies will not be known until the end of February.

Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards

William Edwards

The frequent rains that have soaked Iowa this year have left many corn and soybean fields with areas where little or no production will be realized. Many producers are wondering what options they have under their multiple peril crop insurance policies.

Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards

William Edwards

The frequent rains that have soaked Iowa this year have left many corn and soybean fields with areas where little or no production will be realized. Many producers are wondering what options they have under their multiple peril crop insurance policies.

Late Harvest And Crop Insurance Coverage, William M. Edwards

William Edwards

Iowa and other Corn Belt states are experiencing one of the latest and slowest harvest seasons on record. Some producers have had concerns about whether their crop insurance coverage will be still be in effect if harvesting drags into December.

Crop Insurance Has Some Changes For 2009, William M. Edwards

William Edwards

Crop insurance indemnity prices, guarantees and premiums were all at record levels for corn and soybeans in 2008. Current market conditions make it unlikely that those levels will be reached again in 2009, but they will still be attractive. The Risk Management Agency has announced indemnity prices of $4 per bushel for corn and $9.90 per bushel for soybeans for APH (yield) insurance guarantees for 2009, the second highest prices ever offered. Prices for revenue insurance policies will not be known until the end of February.

Late Harvest And Crop Insurance Coverage, William M. Edwards

William Edwards

Iowa and other Corn Belt states are experiencing one of the latest and slowest harvest seasons on record. Some producers have had concerns about whether their crop insurance coverage will be still be in effect if harvesting drags into December.

Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards

William Edwards

The frequent rains that have soaked Iowa this year have left many corn and soybean fields with areas where little or no production will be realized. Many producers are wondering what options they have under their multiple peril crop insurance policies.

Crop Insurance Has Some Changes For 2009, William M. Edwards

William Edwards

Crop insurance indemnity prices, guarantees and premiums were all at record levels for corn and soybeans in 2008. Current market conditions make it unlikely that those levels will be reached again in 2009, but they will still be attractive. The Risk Management Agency has announced indemnity prices of $4 per bushel for corn and $9.90 per bushel for soybeans for APH (yield) insurance guarantees for 2009, the second highest prices ever offered. Prices for revenue insurance policies will not be known until the end of February.

Happiness, Efficiency, And The Promise Of Decisional Equity: From Outcome To Process, Jeffrey L. Harrison

Jeffrey L Harrison

This article explains why outcome-oriented goals like efficiency, happiness, or well-being are ultimately of limited use as goals for law. Part II places happiness research in the context of past efforts to assess efficiency standards. Part III outlines the schism between efficiency and happiness and examines whether they can be reconciled. Part IV discusses the problems of relying on direct measures of happiness. The concept of decisional equity is described and examined in Part V.

The Meaning Of Capital In The 21st Century, Edward Mccaffery

Edward J McCaffery

Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay

Mark P. Gergen

Panel discussion among law faculty who teach contracts of 2007 book authored by Victor Goldberg, which suggests that an economic approach to contract interpretation is appropriate.

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

Andrea A. Curcio

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam the led to the Supreme Court decision in Ricci v. DiStefano, as well as …

Judicial Treatment Of The Antitrust Treatise, Hillary Greene, D. Daniel Sokol

D. Daniel Sokol

This essay examines Herbert Hovenkamp's influence in antitrust law and policy in the courts. This essay focuses its attention primarily with the Treatise and primarily in the area of merger law – procedural with issues of antitrust injury and substantively with merger efficiencies. The essay provides a case count citation analysis of Hovenkamp's scholarship and compares Hovenkamp to other major figures in antitrust scholarship (Bork and Posner) and to the other antitrust treatises (Kintner and Sullivan) in the courts. Our meta-level findings show that Hovenkamp is far more cited than other treatise writers or scholars who have been recognized for …

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 …

Individual And Collective Sovereignty In The Corporate Enterprise (Reviewing Frank H. Easterbrook & Daniel R. Fishel, The Economic Structure Of Corporate Law (1991) And Robert N. Bellah Et Al., The Good Society (1991), Lyman P. Q. Johnson

Lyman P. Q. Johnson

Not available.

Appraising Merger Efficiencies, Herbert Hovenkamp

Herbert Hovenkamp

Mergers of business firms violate the antitrust laws when they threaten to lessen competition, which generally means a price increase resulting from a reduction in output. However, a merger that threatens competition may also enable the post-merger firm to reduce its costs or improve its product. Attitudes toward mergers are heavily driven by assumptions about efficiency gains. If mergers of competitors never produced efficiency gains but simply reduced the number of competitors, a strong presumption against them would be warranted. We tolerate most mergers because of a background, highly generalized belief that most or at least many produce cost savings …

Four Pillars To Build A New Corporate Law Federalism: Crowd Funding Exchanges, A Codified Internal Affairs Doctrine, City-Based Incorporation, And An Arbitrated Corporate Code, J.W. Verret

John W Verret

This article examines the event window opened by the pending creation of new crowdfunding platforms, a new means of creating publicly traded equity for smaller, early stage firms than have ever been permitted by the Securities and Exchange Commission to access the public securities markets. That event window could support a completely new paradigm for the development of corporation law and completely upend existing wisdom about interstate competition to develop corporate governance. This article considers the economics of crowdfunding precursors which share some of the attributes of equity crowdfunding, and also considers the expected attributes of equity crowdfunding, to demonstrate …

Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference (2002) -- V. The Export Of Medical Supplies And Agriculture Products In Cuba -- D. Cuban Economic Relations, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)

Institutional Fantasylands: From Scientific Management To Free Market Environmentalism, Peter S. Menell

Peter Menell

Exposes the utopian parallels between scientific management and free market environmentalism by exploring the limitations of an analytical framework. Outcomes of market-like processes; Expression of preferences through democratic processes; Failure to consider the endogeneity of preferences; Model of human nature; Endowment effects associated with allocation of ownership.

Tailoring Legal Protection For Computer Software, Peter S. Menell

Peter Menell

No abstract provided.