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Full-Text Articles in Law

Further Evidence That Legalized Abortion Lowered Crime: A Reply To Joyce, John Donohue, Steven D. Levitt Dec 2004

Further Evidence That Legalized Abortion Lowered Crime: A Reply To Joyce, John Donohue, Steven D. Levitt

John Donohue

No abstract provided.


The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield Nov 2004

The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …


Guns, Crime, And The Impact Of State Right-To-Carry Laws, John Donohue Nov 2004

Guns, Crime, And The Impact Of State Right-To-Carry Laws, John Donohue

John Donohue

No abstract provided.


Expert Witness Says Disney Had Cause To Fire President, John Donohue Oct 2004

Expert Witness Says Disney Had Cause To Fire President, John Donohue

John Donohue

The Walt Disney Company should have fired Michael S. Ovitz because of his "substantial and repeated dishonesty," a legal specialist testified yesterday in support of the shareholders who are suing Disney's directors over Mr. Ovitz's $140 million severance package.


Ovitz Performance In Disney Role Is Faulted At Trial, John Donohue Oct 2004

Ovitz Performance In Disney Role Is Faulted At Trial, John Donohue

John Donohue

Former Walt Disney Co. President Michael Ovitz's job performance and spending habits came under attack during testimony in a Delaware court case, as an expert witness said Disney's directors could have fired Mr. Ovitz for cause, rather than giving him the no‐fault termination he received. John J. Donohue, a Yale University law professor and witness for a group of Disney shareholders, testified that his review of California law, of Mr. Ovitz's employment contract and of depositions in the case showed that Disney's board had the right not to grant Mr. Ovitz a no‐ fault termination, which resulted in an estimated …


Disney Had Good Reason To Fire Ovitz, John Donohue Oct 2004

Disney Had Good Reason To Fire Ovitz, John Donohue

John Donohue

GEORGETOWN, Del., Oct 21 (Reuters) - Walt Disney Co. (DIS.N) should have fired Michael Ovitz rather than paying him $140 million in severance, a legal expert testified on Thursday in support of shareholders suing the Disney board. Shareholders are demanding that the severance and interest - a sum that could total about $200 million - be returned to the company, claiming that the board was asleep at the wheel when they approved the deal and that Ovitz failed miserably in his 14 months as president. In the second day of a trial that is being closely watched in corporate boardrooms, …


Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld Sep 2004

Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Prices of academic journals have climbed enormously in the past two decades. This article explains the substantial barriers to entry that established journals enjoy. It points out that the Big Deal bundling that the large commercial publishers have adopted in the past few years creates a substantial additional strategic barrier to entry. We consider whether these bundling offers violate the antitrust laws and conclude that they may.


Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld Sep 2004

Exclusion Or Efficient Pricing: The "Big Deal" Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld

Aaron Edlin

Prices of academic journals have climbed enormously in the past two decades. This article explains the substantial barriers to entry that established journals enjoy. It points out that the Big Deal bundling that the large commercial publishers have adopted in the past few years creates a substantial additional strategic barrier to entry. We consider whether these bundling offers violate the antitrust laws and conclude that they may.


Delivering Legality On The Internet: Developing Principles For The Private Provision Of Commercial Law, Gillian K. Hadfield Aug 2004

Delivering Legality On The Internet: Developing Principles For The Private Provision Of Commercial Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.


Constitutional Democracy As The Ordered Alternation Of Parties, Jose Luis Sardon Jun 2004

Constitutional Democracy As The Ordered Alternation Of Parties, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.


The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell Feb 2004

The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell

Stephen Joseph Powell

WTO rules routinely are linked to the inability of nations to make meaningful progress in sharpening environmental and other human rights protections, for example, the failure of the 2002 Johannesburg World Summit on Sustainable Development to usher in any new treaties despite the bright promise of the Rio Earth Summit of the previous decade. The common brief of environmental, medical, and development interest groups is that the market principles of supply and demand, comparative advantage, and non-discrimination on which global trade rules are built have encumbered pursuit by nations of fundamental non-economic objectives that must in any reasoned legal hierarchy …


Corporate Social Responsibility (Csr): Market-Based Remedies For International Human Rights Violations?, Eric A. Engle Jan 2004

Corporate Social Responsibility (Csr): Market-Based Remedies For International Human Rights Violations?, Eric A. Engle

Eric A. Engle

Corporate social responsibility proposes non-binding self governance mechanisms on corporations as a preventative remedy to human rights. This article sceptically analyzes the CSR movement and proposes ways to make non-binding governance more effective.


Partidos, Orden Democrático Y Crecimiento, José Luis Sardón Jan 2004

Partidos, Orden Democrático Y Crecimiento, José Luis Sardón

Jose Luis Sardon

No abstract provided.


El Congreso, El Sistema De Partidos Y La Estabilidad Democrática, José Luis Sardón Jan 2004

El Congreso, El Sistema De Partidos Y La Estabilidad Democrática, José Luis Sardón

Jose Luis Sardon

No abstract provided.


The Expulsion Of The Jews From France In 1306: A Modern Fiscal Analysis, Stéphane Mechoulan Dec 2003

The Expulsion Of The Jews From France In 1306: A Modern Fiscal Analysis, Stéphane Mechoulan

Stéphane Mechoulan

In 1306, at the peak of a severe financial and monetary crisis, Philippe the Fair expelled the Jews from his kingdom, declared himself creditor of their debts, seized their property and auctioned it off. Was this a clever move, financially speaking? Did Philippe gain more, by killing the goose that laid the golden egg, than by securing a steady flow of taxes? Taking discounting into account, conservative bounds on the sum collected through the seizures over the years that followed the expulsion challenge the traditional view that it was a bad deal. Still, the windfall brought by the relative success …


Guilds, Laws, And Markets For Manufactured Merchandise In Late-Medieval England, Gary Richardson Dec 2003

Guilds, Laws, And Markets For Manufactured Merchandise In Late-Medieval England, Gary Richardson

Gary Richardson

The prevailing paradigm of medieval manufacturing presumes guilds monopolized markets for durable goods in late-medieval England. The sources of the monopolies are said to have been the charters of towns, charters of guilds, parliamentary statutes, and judicial precedents. This essay examines those sources, demonstrates they did not give guilds legal monopolies in the modern sense of the word, and replaces that erroneous assumption with an accurate description of the legal institutions underlying markets for manufactures in medieval England.


The American Airlines Case: A Chance To Clarify Predation Policy, Aaron S. Edlin, Joseph Farrell Dec 2003

The American Airlines Case: A Chance To Clarify Predation Policy, Aaron S. Edlin, Joseph Farrell

Aaron Edlin

No abstract provided.


The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan Dec 2003

The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan

Donald J. Kochan

Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions, programmes, protocols, and similar forms of inter- or multi-national “legislation” as evidence of a body of “customary international law” enforceable in domestic courts, particularly in the area of tort liability. These “legislative” documents, which this Article refers to as customary international law outputs, are seen by some courts as evidence of jus cogens norms that bind not only nations and state actors, but also private individuals. The most obvious evidence of this trend is in the proliferation of lawsuits against corporations with ties to the …