Law Commons^™

Layered Fiduciaries In The Information Age, Zhaoyi Li

Indiana Law Journal

Technology companies such as Facebook have long been criticized for abusing customers’ personal information and monetizing user data in a manner contrary to customer expectations. Some commentators suggest fiduciary law could be used to restrict how these companies use their customers’ data.1 Under this framework, a new member of the fiduciary family called the “information fiduciary” was born. The concept of an information fiduciary is that a company providing network services to “collect, analyze, use, sell, and distribute personal information” owes customers and end-users a fiduciary duty to use the collected data to promote their interests, thereby assuming fiduciary liability …

Inefficient Inequality, Shi-Ling Hsu

Indiana Journal of Law and Social Equality

For the past several decades, much American lawmaking has been animated by a concern for economic efficiency. At the same time, broad concerns over wealth and income inequality have roiled American politics, and still loom over lawmakers. It can be reasonably argued that a tension exists between efficiency and equality, but that argument has had too much purchase over the past few decades of lawmaking. What has been overlooked is that inequality itself can be allocatively inefficient when it gives rise to collectively inefficient behavior. Worse still, some lawmaking only masquerades as being efficiency-promoting; upon closer inspection, some of this …

On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage

Articles by Maurer Faculty

This Essay — written for Florida State University’s symposium on the 100th anniversary of the U.S. federal income tax — evaluates how the literature on tax salience should be advanced in order for it to better guide tax policy over the coming decades. The literature on tax salience analyzes how taxpayers account for the costs imposed by taxation when the taxpayers make decisions or judgments, both in the taxpayers’ roles as voters and as market participants. This Essay evaluates both possible operative mechanisms that might underlie observed tax salience effects and limiting factors that might prevent tax salience effects from …

The Changing Face Of Collective Representation: The Future Of Collective Bargaining, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Why Adco? Why Now? An Econmic Exploration Of Industry Structure For The "Last Mile" In Local Telecommunications Markets, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak

Federal Communications Law Journal

This Article discusses important economic characteristics of local exchange markets. First, this Article explains that entry into the market requires large fixed and sunk costs, making entry risky and necessitating scale economies. Consequently, only a few local access networks can supply the market. These networks cannot be small, however, because a large market share is required to realize sufficient scale economies to effectively compete with the ILEC and survive. Secondly, acquiring the needed market share may be difficult for entrants who either attempt to purchase unbundled network elements from the incumbent or attempt to build their own network from the …

Tainted Prosecution Of Tainted Claims: The Law, Economics, And Ethics Of Fighting Medical Fraud Under The Civil False Claims Act, Dayna Bowen Matthew

Indiana Law Journal

No abstract provided.

Cbs-Viacom And The Effects Of Media Mergers: An Economic Perspective, David Waterman

Federal Communications Law Journal

No abstract provided.

Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Joint Custody And Strategic Behavior, Saul Levmore

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Economics And Sociology: The Prospects For An Interdisciplinary Discourse Of Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

My purposes in this essay are two-fold. First, I provide some background on the disciplines of economics and sociology as a basis for the discussion at this Symposium and for my own discussion of the potential for an interdisciplinary discourse on law. In this regard, in the first section of the essay I provide a brief history of the relationship between the two disciplines, a brief outline of the basic characteristics of each disciplinary perspective, and a brief discussion of the emerging opportunities for useful exchange between the two disciplines. Second, I examine the prospects that the economic analysis of …

International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri

Indiana Journal of Global Legal Studies

The dominant position of economists on trade and environment is that

increasing trade raises living standards, which provide the economic

basis for reduced pollution. Professors Chapman, Agras, and Suri

present a perspective that raises very different points. First, the dramatic

growth of manufacturing in East Asia for global markets is

based entirely (or nearly so) on the importation of processed

pollution-intensive raw materials. For a typical product in this global

system, a U.S. consumer purchasing an Asian product made from

imported resources benefits from a lower price and a cleaner local

environment; however, energy use and pollution associated with the …

Relaxing Traditional Economic Assumptions And Values: Toward A New Disciplinary Discourse On Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

Economics has been viewed traditionally as a discipline removed from other, "softer", fields of social analysis. Professor R. Malloy has fought to remove these barriers and encourage interdisciplinary dialogue. In a field previously dominated by normative values of majority power holders, a multidisciplinary approach allows for a more extensive examination of social trends and the question of innate human "rights". By relaxing the assumptions of traditional neoclassical economic analysis, one can gain a theoretical perspective that includes insights from multiple disciplines. This article reinforces Malloy's conceptualization of new social analysis, hoping to further this new interdisciplinary cooperation.

Trademark Law, Economics And Grey-Market Policy, Lars H. Liebeler

Indiana Law Journal

No abstract provided.

Economic Analysis Of Legal Institutions: Explaining An "Inexplicable" Rule Of Roman Law, David Locke Hall, F. Douglas Raymond

Indiana Law Journal

No abstract provided.

An Appropriate Economic Model Of Judicial Review Of Suburban Growth Control, Neal A. Roberts

Indiana Law Journal

No abstract provided.

Wrongful Discharge: Toward A More Efficient Remedy, Jeffrey L. Harrison

Indiana Law Journal

No abstract provided.

Rate Base Evaluation And Vertical Integration: Shifting Standards In Telephone Regulation, James Mcconnaughey, Manley R. Irwin

Indiana Law Journal

No abstract provided.

The Competitive Aspects Of Utility Participation In Solar Development, William H. Lawrence, John H. Minan

Indiana Law Journal

No abstract provided.

Acceleration Clause Disclosure: A Truth In Lending Policy Analysis, Patrick E. Hoog

Indiana Law Journal

No abstract provided.

Decision Theory And Antitrust: Quantitative Evaluation For Efficient Enforcement, Ira Horowitz

Indiana Law Journal

No abstract provided.

Import Competition And The Trade Act Of 1974: A Case Study Of Section 201 And Its Interpretation By The International Trade Commission, Walter Adams, Joel B. Dirlam

Indiana Law Journal

No abstract provided.

Parens Patriae: Will We Treble In Its Wake?, Joanne Barbrack

Indiana Law Journal

No abstract provided.

Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas

Indiana Law Journal

No abstract provided.

Political Markets And Community Self-Determination: Competing Judicial Models Of Local Government Legitimacy, Frank I. Michelman

Indiana Law Journal

This article is a significantly revised version of the Harris Lectures delivered in April, 1977 at the Indiana University School of Law of Bloomington.

The Deregulation Of Industry: A Built-In Bias, David S. Schwartz

Indiana Law Journal

Colloquium: The Deregulation of Industry

Products Liability And Judicial Wealth Redistributions, Alan Schwartz

Indiana Law Journal

No abstract provided.

An Introduction To Environmental Thought: Some Sources And Some Criticisms, Charles J. Meyers

Indiana Law Journal

No abstract provided.

A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock

Indiana Law Journal

No abstract provided.

Seller Unequal Bargaining Power And The Judicial Process, Alan Schwartz

Indiana Law Journal

No abstract provided.