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Articles 1 - 8 of 8

Full-Text Articles in Law

Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber Jan 2006

Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams Jan 2006

Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams

Faculty Scholarship

No abstract provided.


Inequality And Uncertainty: Theory And Legal Applications, Matthew D. Adler, Chris William Sanchirico Jan 2006

Inequality And Uncertainty: Theory And Legal Applications, Matthew D. Adler, Chris William Sanchirico

Faculty Scholarship

"Welfarism" is the principle that social policy should be based solely on individual well-being, with no reference to 'fairness" or "rights." The propriety of this approach has recently been the subject of extensive debate within legal scholarship. Rather than contributing (directly) to this debate, we identify and analyze a problem within welfarism that has received far too little attentioncall this the "ex ante/ex post" problem. The problem arises from the combination of uncertainty-an inevitable feature of real policy choice-and a social preference for equality. If the policymaker is not a utilitarian, but rather has a "social welfare function" that ...


Contesting Anticompetitive Actions Taken In The Name Of The State: State Action Immunity And Health Care Markets, Clark C. Havighurst Jan 2006

Contesting Anticompetitive Actions Taken In The Name Of The State: State Action Immunity And Health Care Markets, Clark C. Havighurst

Faculty Scholarship

The so-called state action doctrine is a judicially created formula for resolving conflicts between federal antitrust policy and state policies that seem to authorize conduct that antitrust law would prohibit. Against the background of recent commentaries by the federal antitrust agencies, this article reviews the doctrine and discusses it's application in the health care sector, focusing on the ability of states to immunize anticompetitive actions by state licensing and regulatory boards, hospital medical staffs, and public hospitals, as well as anticompetitive mergers and agreements. Although states are free, as sovereign governments, to restrict competition, the state action doctrine requires ...


Neo-Strategicon: Modernized Principles Of War For The 21st Century, Charles J. Dunlap Jr. Jan 2006

Neo-Strategicon: Modernized Principles Of War For The 21st Century, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Welfare Polls: A Synthesis, Matthew D. Adler Jan 2006

Welfare Polls: A Synthesis, Matthew D. Adler

Faculty Scholarship

"Welfare polls" are survey instruments that seek to quantify the determinants of human well-being. Currently, three welfare polling formats are dominant: contingent valuation (CV) surveys, quality-adjusted life year (QALY) surveys, and happiness surveys. Each format has generated a large, specialized, scholarly literature, but no comprehensive discussion of welfare polling as a general enterprise exists.This Article seeks to fill that gap.

Part I describes the trio of existing formats. Part II discusses the current and potential uses of welfare polls in governmental decisionmaking. Part III analyzes in detail the obstacles that welfare polls must overcome to provide useful well-being information ...


Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr. Jan 2006

Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler Jan 2006

Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler

Faculty Scholarship

No abstract provided.