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Full-Text Articles in Law
New Economic Analysis Of Law: Beyond Technocracy And Market Design, Frank A. Pasquale
New Economic Analysis Of Law: Beyond Technocracy And Market Design, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Law And Economics: Contemporary Approaches, Martha T. Mccluskey, Frank A. Pasquale, Jennifer Taub
Law And Economics: Contemporary Approaches, Martha T. Mccluskey, Frank A. Pasquale, Jennifer Taub
Faculty Scholarship
No abstract provided.
Anti-Waste, Michael Pappas
Anti-Waste, Michael Pappas
Faculty Scholarship
It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does “waste” even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste.
Drawing upon property and natural resource doctrines, the Article finds that the law selects from a menu of five specific, and sometimes competing, societal values to define waste. The values are: 1) economic efficiency, 2) human flourishing, 3) concern for future generations, 4) stability and consistency, and 5) ecological concerns. The law recognizes waste in terms of one or …
Internet Nondiscrimination Principles: Commercial Ethics For Carriers And Search Engines, Frank Pasquale
Internet Nondiscrimination Principles: Commercial Ethics For Carriers And Search Engines, Frank Pasquale
Faculty Scholarship
Unaccountable power at any layer of online life can stifle innovation elsewhere. Dominant search engines rightly worry that carriers will use their control of the physical layer of internet infrastructure to pick winners among content and application providers. Though they advocate net neutrality, they have been much less quick to recognize the threat to openness and fair play their own practices may pose.
Just as dominant search engines fear an unfairly tiered online world, they should be required to provide access to their archives and indices in a nondiscriminatory manner. If dominant search engines want carriers to disclose their traffic …
The Elasticity Of Contract, Martha M. Ertman
The Elasticity Of Contract, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Calabresi's The Costs Of Accidents: A Generation Of Impact On Law And Scholarship, Donald G. Gifford
Calabresi's The Costs Of Accidents: A Generation Of Impact On Law And Scholarship, Donald G. Gifford
Faculty Scholarship
No abstract provided.