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Coase-Sandor Working Paper Series in Law and Economics

2008

Articles 61 - 70 of 70

Full-Text Articles in Law

The Human And Economic Dimensions Of Altruism: The Case Of Organ Transplantation, Richard A. Epstein Jan 2008

The Human And Economic Dimensions Of Altruism: The Case Of Organ Transplantation, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

This paper analyzes three issues critical to understanding the chronic shortage in organs. Section 2 develops a simple economic model of altruism that helps explain how markets with altruistic participants operate in ways similar to ordinary economic markets, but produce an equilibrium position in which more organs are transferred at lower cash prices. Section 3 examines and rejects the various arguments used to undermine the neoclassical arguments in the first section. Section 4 looks at ways to expand the supply of organs: directed donations within families and among friends, solicited organs via matchingdonors.com, donor-recipient pairs, and LifeSharers.


The Property Rights Movement And Intellectual Property, Richard A. Epstein Jan 2008

The Property Rights Movement And Intellectual Property, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Adolescent Risk-Taking And Social Meaning: A Commentary, Cass R. Sunstein Jan 2008

Adolescent Risk-Taking And Social Meaning: A Commentary, Cass R. Sunstein

Coase-Sandor Working Paper Series in Law and Economics

Why do adolescents take risks? What is the appropriate response to adolescent risk-taking? This Commentary for a special issue of Developmental Review, discussing a set of papers in that issue, explores these questions with attention to changes in the adolescent brain, to dual-processing theory, to social influences, and to fuzzy-trace theory. It contends that adolescent risk-taking is often driven by the social meaning of risk and caution, and that social meaning operates as a tax on or a subsidy to behavior. Changes in social meaning present a serious collective action problem, but also a valuable opportunity for both law and …


After Innocence: Framing Wrongful Convictions, Susan A. Bandes Jan 2008

After Innocence: Framing Wrongful Convictions, Susan A. Bandes

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Conspiracy Theories, Cass R. Sunstein, Adrian Vermeule Jan 2008

Conspiracy Theories, Cass R. Sunstein, Adrian Vermeule

Coase-Sandor Working Paper Series in Law and Economics

Many millions of people hold conspiracy theories; they believe that powerful people have worked together in order to withhold the truth about some important practice or some terrible event. A recent example is the belief, widespread in some parts of the world, that the attacks of 9/11 were carried out not by Al Qaeda, but by Israel or the United States. Those who subscribe to conspiracy theories may create serious risks, including risks of violence, and the existence of such theories raises significant challenges for policy and law. The first challenge is to understand the mechanisms by which conspiracy theories …


Deadlines In Administrative Law, Anne Joseph O'Connell, Jacob Gersen Jan 2008

Deadlines In Administrative Law, Anne Joseph O'Connell, Jacob Gersen

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Decentralized Responses To Good Fortune And Bad Luck, Richard A. Epstein Jan 2008

Decentralized Responses To Good Fortune And Bad Luck, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

Most forms of egalitarian theory impose on government (and through it other people) to redress the inequalities of fortune that result from bad luck. This Article takes issue with the various forms of this large claim, and argues that decentralized forms of assistance are likely in the long run to do better by the very standards by which egalitarians justify their own program. The alleviation of poverty depends in the first instance on increases in wealth that can only come through private innovation and technological advances. These have in fact produced major improvements in overall well-being, with disproportionate advances for …


Does Political Bias In The Judiciary Matter?: Implications Of Judicial Bias Studies For Legal And Constitutional Reform, Eric A. Posner Jan 2008

Does Political Bias In The Judiciary Matter?: Implications Of Judicial Bias Studies For Legal And Constitutional Reform, Eric A. Posner

Coase-Sandor Working Paper Series in Law and Economics

Recent empirical scholarship that shows that judges decide cases in a manner that is consistent with their political biases has motivated a stream of proposals for reform, including judicial term limits, limitations on judicial review of statutes and agency actions, revision of the judicial appointments process, and mandatory mixed party representation on judicial panels. However, these proposals incorrectly assume that judicial bias is necessarily harmful, and do not fully consider the costs to other values even when reduction of judicial bias is justified. To evaluate proposals for reform, one needs a theory of judicial review, one that explains how bias …


Expanding Restitution: Liability For Unrequested Benefits, Ariel Porat Jan 2008

Expanding Restitution: Liability For Unrequested Benefits, Ariel Porat

Coase-Sandor Working Paper Series in Law and Economics

Suppose Owner can improve his property at a cost of 15, thereby creating benefits of 10 for himself and 10 for his Neighbors. Since each Neighbor expects to reap the benefits regardless of whether she pays Owner or not for this enhancement, all Neighbors may refuse to share the burden and the welfare enhancing activity will not take place. This paper advocates correcting this failure by recognizing an Expanded Duty of Restitution ("EDR") that obligates recipients of benefits, under certain, well-defined conditions, to compensate benefactors for unrequested benefits voluntarily conferred upon them. Part I of the paper compares the law’s …


How To Create—Or Destroy—Wealth In Real Property, Richard A. Epstein Jan 2008

How To Create—Or Destroy—Wealth In Real Property, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.