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Full-Text Articles in Law
Understanding Crime Under Capitalism: A Critique Of American Criminal Justice And Introduction To Marxist Jurisprudence, Steven E. Gilmore
Understanding Crime Under Capitalism: A Critique Of American Criminal Justice And Introduction To Marxist Jurisprudence, Steven E. Gilmore
Steven E Gilmore
The Legitimacy Of Crimmigration Law, Juliet P. Stumpf
The Legitimacy Of Crimmigration Law, Juliet P. Stumpf
Juliet P Stumpf
Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been hailed as the lynchpin for successful political compromise on immigration reform. Yet crimmigration law’s unprecedented approach to interior immigration and criminal law enforcement threatens to undermine public belief in the fairness of immigration law. This Article uses pioneering social science research to explore people’s perceptions of the legitimacy of crimmigration law. According to Tom Tyler and other compliance scholars, perceptions about procedural justice—whether people perceive authorities as acting fairly—are often more important than a favorable outcome such as winning the case or avoiding arrest. Legal …
The Rise Of Planning In Industrial America, 1865-1914
The Rise Of Planning In Industrial America, 1865-1914
Richard Adelstein
How American firms grew very large after the Civil War, and how Americans responded to them.
The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky
The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky
Alex Stein
In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent. Our main thesis is that rights afford their holders meaningful protection only against challengers who face higher litigation costs than the rightholder. Contrariwise, challengers who can litigate more cheaply than a rightholder can force the rightholder to forfeit the right and thereby render the right ineffective. Consequently, in the real world, rights avail only against certain challengers but not others. This result is robust and pervasive. Furthermore, it obtains irrespectively of how rights and other legal entitlements are defined by the legislator or construed by …
Firms As Social Actors, Richard Adelstein
Firms As Social Actors, Richard Adelstein
Richard Adelstein
A close look at what firms are and how they act.
Organizations And Economics, Richard Adelstein
Organizations And Economics, Richard Adelstein
Richard Adelstein
A contribution to a symposium on a paper by Richard Posner.
The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi
The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi
Mark F. Grady
One of the most controversial theoretical issues of our time is the governance of cybersecurity. Computer security experts, national security experts, and policy analysts have all struggled to bring meaningful analysis to cybersecurity; however, the discipline of law & economics has yet to be fully applied to the issue. This introduction presents work by leading national scholars who examine this complex national security challenge from a law and economics perspective. The focus spans from a discussion of pure market solutions to public-private issue analysis, providing a valuable basis for policy considerations concerning the appropriate governmental role on the issue of …
Economics Of Plea Bargaining, Richard Adelstein
Economics Of Plea Bargaining, Richard Adelstein
Richard Adelstein
A short summary of earlier work for a sociological audience.
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A formal model of the law of fair use.
Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein
Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein
Richard Adelstein
A theory of central planning employing Austrian themes and applied to private firms and Taylorism.
Equity And Efficiency In Markets For Ideas, Richard Adelstein
Equity And Efficiency In Markets For Ideas, Richard Adelstein
Richard Adelstein
Intellectual property and patent protection in light of the AIDS crisis in Africa.
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.
Victims As Cost Bearers, Richard Adelstein
Victims As Cost Bearers, Richard Adelstein
Richard Adelstein
A brief recasting of the price exaction model.
Four Entries, Richard Adelstein
Four Entries, Richard Adelstein
Richard Adelstein
Four entries: "American Institutional Economics and the Legal System" (I: 61-66); "John Rogers Commons" (I: 324-327); Richard Theodore Ely" (II: 28-29); and "Plea Bargaining: A Comparative Approach"
Deciding For Bigness, Richard Adelstein
Deciding For Bigness, Richard Adelstein
Richard Adelstein
Antitrust as a constitutional constraint on the growth of firms.
The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein
The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein
Richard Adelstein
A theory of intellectual goods as distinct from public or private goods, and the rationale for copyright that flows from it.
The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein
The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein
Richard Adelstein
A comparative view of adjudication by guilty plea in the US and the UK.
Institutional Function And Evolution In The Criminal Process, Richard Adelstein
Institutional Function And Evolution In The Criminal Process, Richard Adelstein
Richard Adelstein
An extended development of the foundations of the price exaction model of the criminal process.
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
Richard Adelstein
More on price exaction, and punishments as conveyors of cost information in the criminal process.
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Richard Adelstein
A further development of the price exaction model and an application to the problem of sentencing standards.
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
An early exposition of the price exaction framework and the place of plea bargaining in it.
Subdivision Exactions And Congestion Externalities (With Noel Edelson)
Subdivision Exactions And Congestion Externalities (With Noel Edelson)
Richard Adelstein
A model of congestion in housing and pricing policy to address it.
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
My dissertation of 1975, published by Garland Publishing in their series Outstanding Dissertations in Economics, 1984
Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein
Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein
Richard Adelstein
An analysis of Porter v. United States (1973), a case involving the value of items owned by Lee Harvey Oswald.