Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Democracy V. Capitalism: An Inquiry Into The Role Of Government In The Economy, Daniel J. Boyle Jun 2013

Democracy V. Capitalism: An Inquiry Into The Role Of Government In The Economy, Daniel J. Boyle

Daniel J Boyle

Our modern social contract is mired in conflict between two opposing ideological views and systems: one that believes the optimal path to prosperity requires minimalist government involvement and the other which believes that government should guarantee social and economic welfare for society. Ideologically based arguments on each side drive a further wedge between the “haves” and the “have-nots.” The challenge of resolving these conflicting views is perhaps the most fundamental issue facing the world. The conflicts that have arisen in our societies in recent years—the backlash over globalization, the financial crisis, the European debt crisis, and many others—have parallels in …


Democracy V. Capitalism Presentation Notes, Daniel J. Boyle Jun 2013

Democracy V. Capitalism Presentation Notes, Daniel J. Boyle

Daniel J Boyle

Our modern social contract is mired in conflict between two opposing ideological views and systems: one that believes the optimal path to prosperity requires minimalist government involvement and the other which believes that government should guarantee social and economic welfare for society. Ideologically based arguments on each side drive a further wedge between the “haves” and the “have-nots.” The challenge of resolving these conflicting views is perhaps the most fundamental issue facing the world. The conflicts that have arisen in our societies in recent years—the backlash over globalization, the financial crisis, the European debt crisis, and many others—have parallels in …


Greenspan's Lament: Incentive Mechanisms And The Contamination Of The Safety And Soundness Of Depository Institutions From Risky Derivative Securities, Daniel J. Boyle Jan 2009

Greenspan's Lament: Incentive Mechanisms And The Contamination Of The Safety And Soundness Of Depository Institutions From Risky Derivative Securities, Daniel J. Boyle

Daniel J Boyle

The attached paper attempts to synthesize the foundational tools of industrial organization economics and how they interacted with law and public policy choices to explain the genesis of the current competitive dynamics in banking and financial products. The paper examines the underlying assumptions of microeconomic theories of efficiency and competitive equilibrium including externalities, information asymmetry, game theory and mechanism design, and how those combine dynamically with the process of formation, implementation and adjudication of the law to allow actors to rationally and systematically adjust their ownership structures and their transaction costs to internalize benefits and externalize costs and risk. This …


The Dao Of Jurisprudence: The Art And Science Of Optimal Justice, Daniel J. Boyle Jan 2007

The Dao Of Jurisprudence: The Art And Science Of Optimal Justice, Daniel J. Boyle

Daniel J Boyle

The law intersects with reality in order to influence or control behavior in an evolutionary process that filters or mediates society through the voices and influences of the actors affected. By modeling this system at the highest levels of generalization, we can explore notions of optimality.