Law Commons^™

Analizando Económicamente El Éxito Del Análisis Económico Del Derecho, Enrique Pasquel

Enrique Pasquel

El análisis económico del derecho es una disciplina sumamente popular en Perú. De hecho, Perú quizá es el país latinoamericano en el que más se escribe y lee de AED. Esto se puede explicar económicamente.

Who Cares About Director Independence? Presentation (Pdf Format), Paolo Santella, Carlo Drago, Giulia Paone

Carlo Drago

No abstract provided.

When Should Courts Pierce The Veil Protecting Aircraft Financiers?, David Wickersham

David K Wickersham

This article examines the liability of aircraft owners and lessors for the negligence of the actual operators of those aircraft. A federal statute intended to promote and foster civil aviation has been misapplied and misinterpreted by the courts, and this has neither increased air safety nor fostered growth in civil aviation.

Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll

Michael W. Carroll

In eBay v. MercExchange, the Supreme Court correctly rejected a one-size-fits-all approach to patent injunctions. However, the Court's opinion does not fully recognize that the problem of uniformity in patent law is more general and that this problem cannot be solved through case-by-case analysis. This Essay provides a field guide for implementing eBay using functional analysis and insights from a uniformity-cost framework developed more fully in prior work. While there can be no general rule governing equitable relief in patent cases, the traditional four factor analysis for injunctive relief should lead the cases to cluster around certain patterns that often …

Legal Consciousness And Contractual Obligations., Kojo Yelpaala

Kojo Yelpaala

Legal Consciousness and Contractual Obligations Kojo Yelpaala Professor Law Pacific/McGeorge School of Law ABSTRACT The Article on “Legal Consciousness and Contractual Obligations” will explore and offer an explanation of the origins of the moral foundations for contractual obligations beyond conventional analysis. Building on themes and threads across many disciplines and theories, it seeks to identify and locate certain unities and common elements that explain human consciousness in exchange relations across cultures. It does so by excavating the roots, tracking the evolution, and anatomizing the dynamics of the master narrative of the "contract" - the oath, the promise, the agreement, the …

Prediction Markets And The First Amendment, Miriam A. Cherry

Miriam A. Cherry

What would happen if new laws banning on-line gambling were used to target prediction markets? The answer is a clash with the First Amendment. The continuing development of prediction markets is important because of their success at foretelling the future. Unfortunately, overly restrictive gambling laws could jeopardize the progress of prediction markets. In this Article, we identify the expressive elements inherent in prediction markets and explore how legislation such as the Unlawful Internet Gambling Enforcement Act of 2006 might harm such predictive speech. This Article is the first to explore First Amendment protections for prediction markets, and in so doing, …

Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves

Roger M. Groves

Almost $6 billion in taxes paid by the American people have been rather ubiquitously placed in the hands of a federal subsidy program for investors in low income communities. The subsidy is in the form of a tax credit. The program is entitled the New Markets Tax Credit (“NMTC”) initiative. Under the program, the tax credit is used to lure investors to provide equity capital into low income areas, urban and/or rural (i.e. a new market for equity funding). According to my companion law review article (Florida Tax Review, Spring, 2007; The Florida Tax Review was ranked 1st among tax …

Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves

Roger M. Groves

Almost $6 billion in taxes paid by the American people have been rather ubiquitously placed in the hands of a federal subsidy program for investors in low income communities. The subsidy is in the form of a tax credit. The program is entitled the New Markets Tax Credit (“NMTC”) initiative. Under the program, the tax credit is used to lure investors to provide equity capital into low income areas, urban and/or rural (i.e. a new market for equity funding). According to my companion law review article (Florida Tax Review, Spring, 2007; The Florida Tax Review was ranked 1st among tax …

To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz

Steven L Schwarcz

In recent years, companies have been shifting much of their transactional legal work from outside law firms to in-house lawyers, and some large companies now staff transactions almost exclusively in-house. Although this transformation redefines the very nature of the business lawyer, scholars have largely ignored it. This article seeks to remedy that omission, using empirical evidence as well as economic theory to help explain why in-house lawyers are taking over, and whether they are likely to continue to take over, these functions and roles of outside lawyers. The findings are surprising, suggesting that in-house lawyers may now be performing as …

To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz

Steven L Schwarcz

No abstract provided.

The Short And Puzzling Life Of The “Implicit Minority Discount” In Delaware Appraisal Law, Lawrence A. Hamermesh, Michael L. Wachter

Lawrence A. Hamermesh

Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves

Roger M. Groves

Almost $6 billion in taxes paid by the American people have been rather ubiquitously placed in the hands of a federal subsidy program for investors in low income communities. The subsidy is in the form of a tax credit. The program is entitled the New Markets Tax Credit (“NMTC”) initiative. Under the program, the tax credit is used to lure investors to provide equity capital into low income areas, urban and/or rural (i.e. a new market for equity funding). According to my companion law review article (Florida Tax Review, Spring, 2007; The Florida Tax Review was ranked 1st among tax …

Economic Analysis Of "Law & Economics", Oren Gazal-Ayal

Oren Gazal-Ayal

What explains the popularity of law and economics (L&E) in some academic communities and the scarcity of such scholarship in others? Many explanations have been given for the centrality of economic analysis in American legal thought and its marginality in Europe. This article examines what drives scholars to select L&E as a topic for research. It does so by implementing the methodology of many papers in the field – by assuming that regulation and incentives matter. Legal scholars face very different academic incentives in different parts of the world. In some countries, the academic standards for appointment, promotion and tenure …

Healthcare Intermediaries, Alex Stein

Alex Stein

This article identifies various factors — legal and economic — that reduce the quality of medical care under the MCO framework. Specifically, it identifies MCOs’ functioning as platforms in a two-sided economy and the virtual absence of incentives on the part of MCOs and their doctors to compete with each other over the quality of medical care. The article also develops a law reform proposal that would unlock that competition.

A Liberal Challenge To Behavioral Economics: The Case Of Probability, Alex Stein

Alex Stein

THE "BLUE CAB" EXPERIMENT: ARE LAY FACT-FINDERS "PROBABILISTICALLY CHALLENGED"? No, they are not. The experiment is methodologically deficient, as is the behavioral economics' assumption that one needs to conceptualize probabilities in the Pascalian way in order to be rational.

Mediating Rules In Criminal Law, Alex Stein, Richard A. Bierschbach

Alex Stein

This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law’s deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself. The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law’s dominant animating theories—deterrence and …

Economics Of Plea Bargaining, Richard Adelstein

Richard Adelstein

A short summary of earlier work for a sociological audience.