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Full-Text Articles in Law
Destabilizing The Normalization Of Rural Black Land Loss: A Critical Role For Legal Empiricism, Thomas W. Mitchell
Destabilizing The Normalization Of Rural Black Land Loss: A Critical Role For Legal Empiricism, Thomas W. Mitchell
Faculty Scholarship
Mitchell's study exemplifies the New Legal Realist goal of combining qualitative and quantitative empirical research to shed light on important legal and policy issues. He also demonstrates the utility of a ground-level contextual analysis that examines legal problems from the bottom up. The study tracks processes by which black rural landowners have gradually been dispossessed of more than 90% of the land held by their predecessors in 1910. Mitchell points out that despite the continuing practices that contribute to this problem, there has been very little research on the issue, and what little attention legal scholars have paid to it …
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.
The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole
The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Emote Control: The Substitution Of Symbol For Substance In Foreign Policy And International Law, Jules Lobel, George Loewenstein
Emote Control: The Substitution Of Symbol For Substance In Foreign Policy And International Law, Jules Lobel, George Loewenstein
Articles
Historical perspectives, as well as recent work in psychology, converge on the conclusion that human behavior is the product of two or more qualitatively different neural processes that operate according to different principles and often clash with one another. We describe a specific 'dual process' perspective that distinguishes between deliberative and emote control of behavior. We use this framework to shed light on a wide range of legal issues involving foreign policy, terrorism, and international law that are difficult to make sense of in terms of the traditional rational choice perspective. We argue that in these areas, the powerful influence …
From Pluralism To Individualism: Berle And Means And 20th-Century American Legal Thought, Dalia Tsuk Mitchell
From Pluralism To Individualism: Berle And Means And 20th-Century American Legal Thought, Dalia Tsuk Mitchell
GW Law Faculty Publications & Other Works
This article is an intellectual history of Adolf A. Berle, Jr. and Gardiner C. Means, The Modern Corporation and Private Property (1932). I argue that Berle and Means's concern was not the separation of ownership from control in large pubic corporations, as many scholars have suggested, but rather the allocation of power between the state and a wide range of institutions. As I demonstrate, Berle and Means shared a legal pluralist vision of the modern state. Legal pluralism treated organizations as centers of power that had to be accommodated within the political and legal structure. Berle and Means viewed collective …
Marine-Salvage Law And Marine-Peril-Related Policy: A Second-Best And Third-Best Economic-Efficiency Analysis Of The Problem, The Law, And The Classic Landes And Posner Study, Richard S. Markovits
Marine-Salvage Law And Marine-Peril-Related Policy: A Second-Best And Third-Best Economic-Efficiency Analysis Of The Problem, The Law, And The Classic Landes And Posner Study, Richard S. Markovits
Faculty Scholarship
This Article (1) delineates the different kinds of allocative costs that marine-peril contingencies can generate and the different kinds of marine-peril-related decisions that can generate allocative inefficiency (marine-salvage-operation investment decisions; decisions about whether to offer to attempt or to actually attempt marine rescues; decisions about the character of the marine-rescue attempts that are made; decisions by potential rescuees to accept or reject offers of marine-rescue attempts; and decisions by potential rescuees to make or reject various marine-peril-avoidance moves); (2) defines the formal meaning of "the most-allocatively-efficient response a State can make to marine-peril contingencies;" (3) explains why, standing alone, judge-prescribed …
Who Will Watch The Watchdogs?: International Human Rights Nongovernmental Organizations And The Case For Regulation, Robert C. Blitt
Who Will Watch The Watchdogs?: International Human Rights Nongovernmental Organizations And The Case For Regulation, Robert C. Blitt
Scholarly Works
Human rights nongovernmental organizations (NGOs) have become a fixture within the international system and a driving force for creating and enforcing human rights norms at international law. This essay examines the growth of human rights NGOs and argues that the industry is in urgent need of formal regulation. After assessing the failure of informal market controls for ensuring accountability within the human rights NGO sector, this paper applies a law and economics consumer protection model to underscore the need for more formal regulation. However, rather than advance a case for government intervention, this paper proposes that human rights NGOs themselves …