Law Commons^™

The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …

Unsettling Efficiency: When Non-Class Aggregation Of Mass Torts Creates Second-Class Settlements, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

Abstract: The potential for attorneys to collude in reaching a settlement agreement arises in any large-scale aggregation of mass torts. In the 1990s, attorneys settled seventy-four percent of the mass tort cases consolidated for transfer by the Judicial Panel on Multidistrict Litigation. Even though most mass tort litigation settles, the judicial system ensures the fairness and integrity of settlements only in the bankruptcy and class action contexts. Consequently, the fairness of the settlement can vary depending on how the judicial system aggregates the claims. Only thirty-nine percent of aggregated claims resulted in class action settlements. Two percent received bankruptcy protections. …

Help Is On The Way, Gail A. Partin, Mary Ann Neary, Jennifer Murray

Gail A. Partin

No abstract provided.

The Normativity Of Law In Law And Economics, Péter Cserne

Péter Cserne

This paper is about some theoretical and methodological problems of law and economics. I will use game theoretical insights to address an issue which is relevant both for law and economics and legal philosophy: How should a social scientific analysis of law account for the normativity of law, i.e. the non-instrumental reasons for rule-following while retaining the observer’s (explanatory or descriptive) perspective. My goal is to offer a constructive critique of both traditional law and economics scholarship and mainstream analytical legal philosophy in this respect. I will try to find out how law and economics has to account for the …

Advanced Judicial Opinion Writing, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Peter Jaszi

War, Responsibility, And The Age Of Terrorism, John C. Yoo

John C Yoo

This Article questions the widely-held view, expressed most clearly by John Hart Ely's War and Responsibility, that Congress must provide ex ante approval for all uses of force. It critiques Ely's approach, both his method of constitutional interpretation and his substantive goals for the war-making process. It proposes a different vision for war powers that provides more flexibility to the political branches. It then argues that a Congress-first process does not produce its desired substantive outcomes, and questions whether the costs and benefits of different war-making processes are sufficiently clear to cement one into place as a matter of constitutional …

Six Tips For Making Briefs More Persuasive, Susan Duncan

Susan Duncan

This short bar article suggests several techniques for improving briefs.

Case Comment On F. Hoffman-Laroche Ltd. V. Empagran S.A. In 'The Supreme Court 2003 Term: Leading Cases. Iii Federal Statutes And Regulations: E. Foreign Trade Antitrust Improvement Act', Daniel Lyons

Daniel Lyons

No abstract provided.

The Consolidated Maritime Labour Convention: A Marriage Of The Traditional And The New, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.

Inadvertent Disclosure: A Cautionary Tale Of A Speakerphone And A Voicemail Message , Grace M. Giesel

Grace M. Giesel

No abstract provided.

Write The Cites Right—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Gatekeeping, Peter B. Oh

Peter B. Oh

No abstract provided.

Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner

Jennifer M. Urban

No abstract provided.

Property And Contract: Toward A Clearer Understanding Of The Hague Convention On The Law Applicable To Certain Rights In Respect Of Securities, James S. Rogers

James S. Rogers

No abstract provided.

No Way To Deal With Slums, Bernadette Atuahene

Bernadette Atuahene

Clarifying The Federal Fair Housing Act's Exemption For Reasonable Occupancy Restrictions, Tim Iglesias

Tim Iglesias

This article argues that a deceptively simple “exemption” to the 1988 Fair Housing Act Amendments (FHAA) for “reasonable” governmental occupancy standards has been misinterpreted by numerous courts, particularly by the Sixth Circuit in Affordable Housing Advocates v. City of Richmond Heights, 209 F.3d 626 (6th Cir. 2000). This misinterpretation undercuts the protection from housing discrimination that the FHAA provides for families, especially families of color. This article sorts through the confusion about the “exemption,” provides a step-by-step analysis for courts’ application of the exemption, and offers two plausible versions of a “reasonable” standard.

The Next Era Of Sentencing Reform, Steven L. Chanenson

Steven L. Chanenson

Moratorium To Merger Of Private Banks - Regulatory Rhyme And Reason, Aparna Meduri, Gopala Krishna Vavilala

Aparna Meduri

This paper analyzes the regulator's role in imposing moratorium on a sick bank. Moratorium and subsequent merger of Global Trust Bank with Oriental Bank of Commerce is critically debated in this article with contextual reference to the existing legal regime and regulatory regime in India. The authors address serious concerns of delayed surveillance over weaker banks and emphasize the need for meeting the test of reason, while deciding the merger of a weak bank with a healthy bank. The article also examines some inconsistencies in initiating similar measures in case of cooperative banks. An attempt is also made to evaluate …

Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Prices of academic journals have climbed enormously in the past two decades. This article explains the substantial barriers to entry that established journals enjoy. It points out that the Big Deal bundling that the large commercial publishers have adopted in the past few years creates a substantial additional strategic barrier to entry. We consider whether these bundling offers violate the antitrust laws and conclude that they may.

Social Justice And Family Court Reform, Susan Brooks, Dorothy E. Roberts

Susan Brooks

Creating a unified family court, or any type of family court reform, may have only a minimal impact if it simply changes the structure of how judges do business rather than addresses the structure of the child welfare system itself.

The authors argue that family court reform must place social justice at its center. First, they discuss profound flaws in the child welfare system that make poor and minority families especially vulnerable to coercive state intervention. Second, they describe two approaches to child welfare cases-family systems theory and therapeutic justice that can help to guide reform efforts directed at addressing …

Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld

Aaron Edlin

Prices of academic journals have climbed enormously in the past two decades. This article explains the substantial barriers to entry that established journals enjoy. It points out that the Big Deal bundling that the large commercial publishers have adopted in the past few years creates a substantial additional strategic barrier to entry. We consider whether these bundling offers violate the antitrust laws and conclude that they may.

The Peculiar Federal Marriage Amendment, Scott Dodson

Scott Dodson

In this essay, I discuss the Constitution's commitment to three themes--state power, individual liberty, and equality--and then demonstrate how the FMA is uniquely contrary to all three. I do not intend to go so far as to suggest that the FMA would be an "unconstitutional amendment," [FN8] if such things are possible, nor do I mean to suggest that same-sex marriage is or should be affirmatively protected by the Constitution. I mean only to suggest that proposed amendments that are contrary to existing constitutional themes should be scrutinized warily for thematic coherence. Because the FMA is contrary to three powerful …

The Deliberative Process Privilege, Robert D. Probasco, John Galotto, Michael Kearns, Richard Goldman

Robert Probasco

No abstract provided.

Between "Merit Inquiry" And "Rigorous Analysis": Using Daubert To Navigate The Gray Areas Of Federal Class Action Certification, Elizabeth C. Burch

Elizabeth Chamblee Burch

In recent years, the class action certification hearing has become the latest forum for disputes over the reliability of expert testimony. Since these hearings may involve complex technical matters, litigants frequently try to introduce expert testimony to either establish or challenge the basic requirements for class certification. Yet, most courts do not conduct a Daubert analysis before admitting expert testimony during certification, evaluate the evidence according to a uniform standard, or adequately weigh opposing expert opinions. Even though the Federal Rules of Evidence codify procedures to ensure the reliability of expert testimony, courts have been reluctant to employ them during …

Anthrax Hoaxes, Ira P. Robbins

Ira P. Robbins

El Derecho En El Lejano Oriente, Fernando Villaseñor Rodríguez

Fernando Villaseñor Rodríguez

Una brevísima introducción a los elementos más distintivos del Derecho Japonés desde una perspectiva histórica.

Write The Cites Right—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Associative Obligation And Law's Authority, Stephen Utz

Stephen Gerard Utz

Regulation Of Interstate Wine Shipments, Vernon L. Smith, George A. Akerlof, Daniel L. Mcfadden, Robert E. Litan, Donald J. Boudreaux, Robert W. Hahn, John Letiche

Vernon L. Smith

Does a State's regulatory scheme that permits in-state wineries directly to ship alcohol to consumers but restricts the ability of out-of-state wineries to do so violate the dormant Commerce Clause in light of Sec. 2 of the Twenty-first Amendment?