Law Commons^™

Del Derecho Y La Economía Al Derecho Económico. Working Paper N. 1, Mario A. Pinzón Mapc

Mario A Pinzón Camargo

La relación entre derecho y economía se ha condensado en un nuevo espacio de reflexión que puede ser denominado como un nuevo paradigma en las ciencias sociales. A diferencia de la concepción clásica que plantea el antagonismo entre estas dos, éste artículo examina su complementariedad. The link between law and economics has been condensed in a new space of reflection that can be called a new paradigm within the social sciences, which intends to build the bridges of understanding between these two sciences. In contrast to the classical conception that states the antagonism in between them, due to their constitutive …

Utopian Taxation: Covering The Cost Of Living, Maurice A. Echols

Maurice A Echols

This article, “Utopian Taxation: Covering The Cost of Living,” discusses concepts of economics and tax policy with an intent to have its readers consider or reconsider what is truly valuable to them individually and to society as a whole. I discuss the overall workings of Money-Based Economies, Resource-Based Economies, and Mixed Economies with their relation to tax policy and the implications that arise or may arise within them. I believe that the concepts discussed within this article are very interesting and address new and revolving issues of people, government, and the relationships between them.

The World Of Bits, Andrew D. Murray

Professor Andrew D Murray

This is Chapter One of my forthcoming book Information Technology Law: The Law and Society to be published by Oxford University Press in May 2010. It is made available as a limited preview.

Reducing The Impact Of Ethnic Tensions On Economic Growth – Economic Or Political Institutions?, Atin Basu Choudhary, Jim Bang, Michael Reksulak

Atin Basu Choudhary

We use a standard growth regression model and show that ethnic tensions reduce per capita growth rates. We also find evidence that “good” economic and political institutions improve per capita growth rates. More importantly, good economic institutions mitigate the effect of ethnic tensions on per capita growth while good political institutions do not. Consequently, it is foremost capitalist freedom that promotes peace and development.

Striving For Greenhouse Gas Mitigation In Pennsylvania : How Law And Biodiesel Can Play A Part, Jon W. Johnson

Jon W Johnson

An analytical review of federal and Pennsylvania law and its possible use to mitigate greenhouse gases through state legislation. Additional review is conducted to determine the feasibility of using biodiesel as a fuel to help reduce GHGs from Diesel powered equipment including heavy weight trucks. Proposed Legislation would require the mandatory implementation of Biodiesel in the Commonwealth at levels much higher than ever will be achieved under current law. Additionally, recommendations to impose strict regulations on manufactures of diesel type equipment to allow such use of high concentration of Biodiesel fuel in equipment without voiding existing or new warranties. Lastly, …

Model Omnibus Privacy Statute, Sam S. Han Ph.D.

Sam Han

One of today’s major concerns is how easily digital information can be copied and disseminated. Thus, when one’s private information becomes publicly available in digital format, that information can be readily duplicated and distributed across the globe within seconds. If the disseminated information includes credit card numbers or Social Security numbers, then there is a heightened exposure to identity theft and a host of other privacy-related crimes.

Given the existence of such a digital landmine, laws have been promulgated for various sectors (e.g., financial, healthcare, government, etc.) to protect personally-identifiable information. However, due to differing needs of the various sectors, …

Medical Ethics And Law, Ranganath Vadapalli Vg.

Dr. V.G.Ranganath

Law and Medical Ethics are disciplines with frequent areas of overlap, yet each discipline has unique parameters and a distinct focus. Medical ethics may be defined as follows : Medical ethics is a discipline/methodology for considering the implications of medical technology/treatment and what ought to be.

Unifying The Field Of Comparative Judicial Politics: Towards A General Theory Of Judicial Behaviour, Arthur Dyevre

Arthur Dyevre

The field of judicial politics had long been neglected by political scientists outside the United States. But the past twenty years have witnessed considerable change. There is now a large body of scholarship on European courts and judges. And judicial politics is on its way to become a sub-field of comparative politics in its own right. Examining the models used in the literature, this article suggests that the geographical convergence is also bringing about theoretical convergence. One manifestation of theoretical convergence is that models of judicial decision-making once deemed inapplicable in Europe are now used in studies of European courts …

Prostitution As Exploitation: An Israeli Perspective, Shulamit Almog

Shulamit Almog

The article presents an alternative approach, which proposes a new legal conceptualization for the prostitution phenomenon. This approach calls for a legislative model which prohibits prostitution and places the onus of punishment and social infamy on the clients. The article applies the Israeli experience to pursue a claim that any attempt to employ the conventional legal doctrines in order to deal with prostitution is doomed to fail.

Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica M. Silbey

Jessica Silbey

This Article argues that the open-source and antiexpansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well-known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent …

Law As Referent, Craig G. Bateman

C. G. Bateman

In this article I suggest that “the Law,” (hereinafter the LAW) can be most functionally understood as a conglomeration of referent ideals which emanate from the minds of law creators, and are the source of what we regularly understand as laws. I separate from the concept of the LAW the usual suspects of constitutions, codes, acts, and charters, etc. I separate these from their inceptional ideals and suggest we ascribe a label to these familiar kinds of categories such as “lower order laws,” being careful to confine our discussions of them with the exclusive use of a small “l” (law), …