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Full-Text Articles in Law
Antitrust Censorship Of Economic Protest, Hillary Greene
Antitrust Censorship Of Economic Protest, Hillary Greene
Duke Law Journal
Antitrust law accepts the competitive marketplace, its operation, and its outcomes as an ideal. Society itself need not and does not. Although antitrust is not in the business of evaluating, for example, the "fairness" of prices, society can, and frequently does, properly concern itself with these issues. When dissatisfaction results, it may manifest itself in an expressive boycott: a form of social campaign wherein purchasers express their dissatisfaction by collectively refusing to buy. Antitrust should neither participate in nor censor such normative discourse. In this Article, I explain how antitrust law impedes this speech, argue why it should not, and …
Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt
Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt
Duke Law Journal
We investigate the effect of economic conditions on the voting behavior of U.S. Supreme Court Justices. We theorize that Justices are akin to voters in political elections; specifically, we posit that the Justices will view short-term and relatively nit. nor economic downturns-recessions-as attributable to the failures of elected officials, but will consider long-term and extreme economic con tractions-depressions-as the result of exogenous shocks largely beyond the control of the government. Accordingly, we predict two patterns of behavior in economic-related cases that come before the Court: (1) in typical times, when the economy cycles through both recessionary and prosperous periods, the …
Justices As Economic Fixers: A Response To A Macrotheory Of The Court, Scott Baker, Adam Feibelman, William P. Marshall
Justices As Economic Fixers: A Response To A Macrotheory Of The Court, Scott Baker, Adam Feibelman, William P. Marshall
Duke Law Journal
No abstract provided.
Does The Supreme Court Follow The Economic Returns? A Response To A Macrotheory Of The Court, Ernest A. Young, Erin C. Blondel
Does The Supreme Court Follow The Economic Returns? A Response To A Macrotheory Of The Court, Ernest A. Young, Erin C. Blondel
Duke Law Journal
No abstract provided.
Litigation Discovery Cannot Be Optimal But Could Be Better: The Economics Of Improving Discovery Timing In A Digital Age, Scott A. Moss
Litigation Discovery Cannot Be Optimal But Could Be Better: The Economics Of Improving Discovery Timing In A Digital Age, Scott A. Moss
Duke Law Journal
Cases are won and lost in discovery, yet discovery draws little academic attention. Most scholarship focuses on how much discovery to allow, not on how courts decide discovery disputes-which, unlike trials, occur in most cases. The growth of computer data-e-mails, lingering deleted files, and so forth-increased discovery cost, but the new e-discovery rules just reiterate existing cost-benefit proportionality limits that draw broad consensus among litigation scholars anti economists. But proportionality rules are impossible to apply effectively; they fail to curb discovery excess yet disallow discovery that meritorious cases need. This Article notes proportionality's flaws but rejects the consensus blaming bad …
Economic Foundations Of Intellectual Property Rights, Joseph E. Stiglitz
Economic Foundations Of Intellectual Property Rights, Joseph E. Stiglitz
Duke Law Journal
No abstract provided.
People As Resources: Recruitment And Reciprocity In The Freedom-Promoting Approach To Property, Jedediah Purdy
People As Resources: Recruitment And Reciprocity In The Freedom-Promoting Approach To Property, Jedediah Purdy
Duke Law Journal
Theorists usually explain and evaluate property regimes either through the lens of economics or by conceptions of personhood. This Article argues that the two approaches are intertwined in a way that is usually overlooked. Property law both facilitates the efficient use and allocation of scarce resources and recognizes and protects aspects of personhood. It must do both, because human beings are both resources for one another and the persons whose moral importance the legal system seeks to protect. This Article explores how property law has addressed this paradox in the past and how it might in the future. Two bodies …
Shareholder Oppression And “Fair Value”: Of Discounts, Dates, And Dastardly Deeds In The Close Corporation, Douglas K. Moll
Shareholder Oppression And “Fair Value”: Of Discounts, Dates, And Dastardly Deeds In The Close Corporation, Douglas K. Moll
Duke Law Journal
The doctrine of shareholder oppression protects a close corporation minority investor from the improper exercise of majority control. When a minority shareholder establishes "oppressive" majority conduct, a court typically orders the majority to purchase the minority's stock at its "fair value." But what does fair value mean? Further, when is fair value to be measured? The questions are critical ones that affect the lives of countless close corporation investors and that generate an enormous amount of present-day litigation. This Article builds a case for defining fair value as enterprise value in the shareholder oppression context. The Article argues, in other …
When Life Is An Injury: An Economic Approach To Wrongful Life Lawsuits, Thomas A. Burns
When Life Is An Injury: An Economic Approach To Wrongful Life Lawsuits, Thomas A. Burns
Duke Law Journal
No abstract provided.
Choice Or Commonality: Welfare And Schooling After The End Of Welfare As We Knew It, Martha Minow
Choice Or Commonality: Welfare And Schooling After The End Of Welfare As We Knew It, Martha Minow
Duke Law Journal
Reflecting market rhetoric but also potentially advancing spiritual and religious values, school voucher plans dominate current debates on education reform. These voucher plans would enable parents to use public dollars to select private schools, including parochial ones, for their children. Moreover, the recent federal welfare reform includes the "charitable choice" provision, which enables states to issue vouchers to individuals who can redeem them for services and aid from private, including religious, entities. In this Article, Professor Minow predicts that constitutional challenges to these plans under the religion clauses are likely to result in judicial approval of school vouchers and judicial …
New Institutions For Old Neighborhoods, Robert C. Ellickson
New Institutions For Old Neighborhoods, Robert C. Ellickson
Duke Law Journal
Residential Community Associations are now the norm in new suburban developments, and in this Article, Professor Robert Ellickson suggests that existing neighborhoods, in inner cities and elsewhere, would benefit from similar institutions. Specifically, he proposes the creation of Block Improvement Districts. These District, would typically be formed by supermajorities of property owners, who would need to have the power to override objectors to avoid the free rider problem inherent in many kinds of group action. Once formed, these Districts would collect fees from member property owners and, in return, would provide block-level public goods. After exploring both the theoretical and …
Closing The Book On Jusen: An Account Of The Bad Loan Crisis And A New Chapter For Securitization In Japan, Howard M. Felson
Closing The Book On Jusen: An Account Of The Bad Loan Crisis And A New Chapter For Securitization In Japan, Howard M. Felson
Duke Law Journal
No abstract provided.
Paying Lawyers, Empowering Prosecutors, And Protecting Managers: Raising The Cost Of Capital In America, Ralph K. Winter
Paying Lawyers, Empowering Prosecutors, And Protecting Managers: Raising The Cost Of Capital In America, Ralph K. Winter
Duke Law Journal
No abstract provided.
Bank Insolvency Law Now That It Matters Again, Peter P. Swire
Bank Insolvency Law Now That It Matters Again, Peter P. Swire
Duke Law Journal
No abstract provided.
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Duke Law Journal
This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …
Efficiency And Individualism, Gary Lawson
An Fdic Priority Of Claims Over Depository Institution Shareholders, Samantha Evans
An Fdic Priority Of Claims Over Depository Institution Shareholders, Samantha Evans
Duke Law Journal
No abstract provided.
Images Of Mothers In Poverty Discourses, Martha L. Fineman
Images Of Mothers In Poverty Discourses, Martha L. Fineman
Duke Law Journal
No abstract provided.
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
Duke Law Journal
No abstract provided.
On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein
On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein
Duke Law Journal
No abstract provided.
Externalities, Firm-Specific Capital Investments, And The Legal Treatment Of Fundamental Corporate Changes, Jonathan R. Macey
Externalities, Firm-Specific Capital Investments, And The Legal Treatment Of Fundamental Corporate Changes, Jonathan R. Macey
Duke Law Journal
No abstract provided.
Fact, Value And Theory In Antitrust Adjudication, Herbert Hovenkamp
Fact, Value And Theory In Antitrust Adjudication, Herbert Hovenkamp
Duke Law Journal
No abstract provided.
What Are The Alternatives To Chicago?, Wesley J. Liebeler
What Are The Alternatives To Chicago?, Wesley J. Liebeler
Duke Law Journal
No abstract provided.
Legal Education In The Recruitment Marketplace: Decades Of Change, Abbie Willard Thorner
Legal Education In The Recruitment Marketplace: Decades Of Change, Abbie Willard Thorner
Duke Law Journal
No abstract provided.
Will Legal Education Remain Affordable By Whom And How?, John R. Kramer
Will Legal Education Remain Affordable By Whom And How?, John R. Kramer
Duke Law Journal
No abstract provided.
Market Delineation And The Justice Department’S Merger Guidelines, Gregory J. Werden
Market Delineation And The Justice Department’S Merger Guidelines, Gregory J. Werden
Duke Law Journal
On June 14, 1982, the U. S. Department of Justice released new Merger Guidelines which outline its approach to enforcing section 7 of the Clayton Act. Perhaps the most innovative and important aspect of the Guidelines is their approach to market delineation. Gregory Werden, who was intimately involved in the preparation of the Guidelines, explores the practical applications of the Guidelines' market delineation principles. He finds that the Guidelines provide no rules for delineating markets but nevertheless make a major contribution by providing a coherent conceptual framework for thinking about the issues.
Administrative Equity: An Analysis Of Exceptions To Administrative Rules, Alfred C. Aman Jr.
Administrative Equity: An Analysis Of Exceptions To Administrative Rules, Alfred C. Aman Jr.
Duke Law Journal
No abstract provided.