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Full-Text Articles in Law
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Duke Law Journal
This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …
Intention, Interpretation, And Stories, Jane B. Baron
Intention, Interpretation, And Stories, Jane B. Baron
Duke Law Journal
No abstract provided.
Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck
Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck
Duke Law Journal
No abstract provided.
Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington
Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington
Duke Law Journal
No abstract provided.