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Articles 1 - 25 of 25
Full-Text Articles in Law
The Importance Of Getting Names Right: The Myth Of Markets For Water, Joseph W. Dellapenna
The Importance Of Getting Names Right: The Myth Of Markets For Water, Joseph W. Dellapenna
William & Mary Environmental Law and Policy Review
No abstract provided.
Markets For Nature, Barton H. Thompson Jr.
Markets For Nature, Barton H. Thompson Jr.
William & Mary Environmental Law and Policy Review
No abstract provided.
Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg
Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg
Vanderbilt Law Review
Patent law as a field of academic study has benefited enormously from the attention of economists. Indeed, law professors are relative newcomers to the academic patent field, trickling in behind the economists in small but growing numbers as patent law evolves from an arcane, practitioner-taught specialty to a less marginal role in law school curriculums.' Yet considering the prominence of economists in academic discourse about the patent system, they have had relatively little impact on patent law and policy. One reason for this disparity between the role of economists in the academy and in policy arenas may be the indeterminacy …
Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii
Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii
Faculty Publications
On April 6, 2001, the U.S. Sentencing Commission approved a group of amendments to guidelines governing the sentencing of economic crimes. These measures, collectively known to as the “economic crime package,” are the culmination of some six years of deliberations by both the Conaboy and Murphy Sentencing Commissions working together with interested outside groups such as the defense bar, the Justice Department, probation officers, and the Criminal Law Committee of the U.S. Judicial Conference, The package contains three basic components. First, the now-separate theft and fraud guidelines, Sections 2B1.1 and 2F1.1, will be consolidated into a single guideline. Second, the …
The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon
The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon
Washington and Lee Law Review
No abstract provided.
Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil
Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil
Washington and Lee Law Review
No abstract provided.
Cbs-Viacom And The Effects Of Media Mergers: An Economic Perspective, David Waterman
Cbs-Viacom And The Effects Of Media Mergers: An Economic Perspective, David Waterman
Federal Communications Law Journal
No abstract provided.
An Economic Analysis Of The Religious Freedom Restoration Act, Travis C. Wheeler
An Economic Analysis Of The Religious Freedom Restoration Act, Travis C. Wheeler
Law and Contemporary Problems
As an attempt by Congress to overturn a Supreme Court ruling by statute, the Religious Freedom Restoration Act (RFRA), although passed by a congressional landslide, was one of the most controversial pieces of legislation passed during Bill Clinton's presidency. Wheeler examines RFRA from a law and economics perspective to show that, as a method by which Congress attempted to impose its definition of a constitutional right upon the courts, the Act was inefficient.
Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris
Conceptions Of Fairness And The Fair Labor Standards Act, Seth D. Harris
Hofstra Labor & Employment Law Journal
This article uses the history of the Fair Labor Standards Act's minimum wage provisions to examine how statutes that benefit interests that are comparatively weak in the political market become law. The article tracks the history of the American debate over fairness in wages beginning with the demise of slavery through the passage of the Fair Labor Standards Act in 1938 in search of an answer. The search yields two answers. The first answer is that bargaining power is dynamic, not static. The article discusses the socio-economic crises and effective political advocacy by living wage proponents that changed the political …
A Judicious Solution: The Criminal Law Committee Draft Redefinition Of The Loss Concept In Economic Crime Sentencing, Frank O. Bowman Iii
A Judicious Solution: The Criminal Law Committee Draft Redefinition Of The Loss Concept In Economic Crime Sentencing, Frank O. Bowman Iii
Faculty Publications
In December 1999, the United States Sentencing Commission (Commission), an institution that had been in suspended animation for over a year with all seven voting seats vacant, fluttered its eyelids and came back to life. An agreement between the Senate and the White House produced seven new Commissioners: five sitting federal judges, the former General Counsel of the Commission, and a law professor. The new group began work immediately, making itself accessible in meetings with lawyers and judges around the country, exuding an air of intelligence and collegiality, and dispensing in short order with a backlog of amendments to the …
Applying Antitrust Law To Ncaa Regulation Of "Big Time" College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten
Marquette Sports Law Review
No abstract provided.
Protecting Universities' Economic Interests: Holding Student-Athletes And Coaches Accountable For Willful Violations Of Ncaa Rules, Kevin Stangel
Protecting Universities' Economic Interests: Holding Student-Athletes And Coaches Accountable For Willful Violations Of Ncaa Rules, Kevin Stangel
Marquette Sports Law Review
No abstract provided.
The Economics Of Sports Leagues And The Relocation Of Teams: The Case Of The St. Louis Rams, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
The Economics Of Sports Leagues And The Relocation Of Teams: The Case Of The St. Louis Rams, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
Marquette Sports Law Review
No abstract provided.
The Political Economy Of Sports Facility Location: An End-Of-The-Century Review And Assessment, Tim Chapin
The Political Economy Of Sports Facility Location: An End-Of-The-Century Review And Assessment, Tim Chapin
Marquette Sports Law Review
No abstract provided.
E-Commerce And International Political Economics: The Legal And Political Ramifications Of The Internet On World Economies, Chelsea P. Ferrette
E-Commerce And International Political Economics: The Legal And Political Ramifications Of The Internet On World Economies, Chelsea P. Ferrette
ILSA Journal of International & Comparative Law
In the nearly 300 years since the industrial revolution,' the advancement of technology has always aided international business
New Game Plan Or Business As Usual? A Critique Of The Team Production Model Of Corporate Law, David K. Millon
New Game Plan Or Business As Usual? A Critique Of The Team Production Model Of Corporate Law, David K. Millon
Scholarly Articles
None available.
The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David G. Carlson, Jack F. Williams
The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David G. Carlson, Jack F. Williams
Articles
No abstract provided.
A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang
A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Agreements To Waive Or To Arbitrate Legal Claims: An Economic Analysis, Keith N. Hylton
Agreements To Waive Or To Arbitrate Legal Claims: An Economic Analysis, Keith N. Hylton
Faculty Scholarship
As arbitration agreements have grown in use, they have become controversial, with many critics describing them as a disguised form of waiver. This paper presents an economic analysis of waiver and arbitiation agreements and applies this analysis to the evolving arbitration case law in the Supreme Court and elsewhere. The paper examines the conditions under which parties have an incentive to enter into these types of agreement, and their welfare implications. It shows that, if parties are well informed, they will enter into waiver agreements when and only when litigation is socially undesirable, in the sense that the deterrence benefits …
The Conundrum Of Executive Compensation, Mark J. Loewenstein
The Conundrum Of Executive Compensation, Mark J. Loewenstein
Publications
Much of the scholarship on executive compensation that appears in law reviews assumes that large U.S. corporations overpay their chief executive officers ("CEOs"). This assumption is understandable, as many of these compensation packages are indeed stunning. The question of whether CEOs are overpaid, however, is complicated. Some scholars in other disciplines, principally in economics and management science, have studied the issue but, as this Article demonstrates, this literature does not confirm the assumption. Indeed, some studies suggest that CEO pay is competitive. Moreover, efforts to reduce the level of executive compensation may have the unintended consequence of achieving the opposite …
Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton
Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton
All Faculty Scholarship
No abstract provided.
A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman
A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman
Articles
Now I know how the Munchkins felt. Here I have been, toiling in the fields of Evidenceland for some years, laboring along with others to show how use of Bayesian probability theory can assist in the analysis and understanding of evidentiary problems.' In doing so, we have had to wage continuous battle against the Bayesioskeptics-the wicked witches who deny much value, even heuristic value, for probability theory in evidentiary analysis.2 Occasionally, I have longed for law-and-economics scholars to help work this field, which should be fertile ground for them.3 So imagine my delight when the virtual personification of law and …
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Faculty Scholarship
No abstract provided.
Knowledge About Welfare: Legal Realism And The Separation Of Law And Economics, Herbert J. Hovenkamp
Knowledge About Welfare: Legal Realism And The Separation Of Law And Economics, Herbert J. Hovenkamp
All Faculty Scholarship
The welfare state could not function without judgments about how well off its citizens are. For example, governments devise progressive income taxes, which are designed to capture more wealth from the well off and less from the impecunious. These policies presume an ability to take a manageable amount of information about an individual's income or assets and make judgments about her welfare. In fact, people do this all the time, mostly without thinking about the methodological problems involved.
The superficial casualness of our daily observations about welfare belies the state of the economic science of welfare measurement. Economists have attempted …
Linking The Visions, Donald H. Regan
Linking The Visions, Donald H. Regan
Articles
In my case, which may be unusual, the importance of my non-law training and commitments is not in specific contributions they make to my work in law. Rather, it is in their contributions to my being me.