Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2005

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 8497

Full-Text Articles in Law

Auction Markets For Evaluations, Bart Wilson, Cary Deck Aug 2014

Auction Markets For Evaluations, Bart Wilson, Cary Deck

Bart J Wilson

No abstract provided.


Market Power And Price Movements Over The Business Cycle, Bart Wilson, Stanley Reynolds Aug 2014

Market Power And Price Movements Over The Business Cycle, Bart Wilson, Stanley Reynolds

Bart J Wilson

This paper develops and tests implications of an oligopoly-pricing model. The model predicts that during a demand expansion, the short run competitive price is a pure strategy Nash equilibrium but in a recession, firms set prices above the competitive price. Thus, price markups over the competitive price are countercyclical. Prices set during a recession are more variable than prices set in expansions because firms employ mixed strategy pricing in recessions. The empirical analysis utilizes Hamilton's time series switching regime filter to test the predictions of the model. Fourteen out of fifteen industries have fluctuations consistent with this oligopoly-pricing model.


Verifiable Offers And The Relationship Between Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas Aug 2014

Verifiable Offers And The Relationship Between Auctions And Multilateral Negotiations, Bart Wilson, Charles Thomas

Bart J Wilson

We use the experimental method to compare second-price auctions with 'verifiable' multilateral negotiations in which the sole buyer can credibly reveal to sellers the best price offer he currently holds. Despite the two institutions' seeming equivalence, we find that prices are lower in verifiable multilateral negotiations than in second-price auctions. The difference occurs because low-cost sellers in negotiations often submit initial offers below the second-lowest cost. We also compare the two institutions to previously studied first-price auctions and multilateral negotiations with non-verifiable offers. Second-price auctions yield the highest prices, followed in order by verifiable negotiations, non-verifiable negotiations and first-price auctions.


Teaching E-Commerce Through The Use Of Real-Time Interactive Laboratory Experiments, Bart Wilson, Roumen Vragov Aug 2014

Teaching E-Commerce Through The Use Of Real-Time Interactive Laboratory Experiments, Bart Wilson, Roumen Vragov

Bart J Wilson

No abstract provided.


American Legal Education, Robert Bloom Oct 2013

American Legal Education, Robert Bloom

Robert Bloom

No abstract provided.


Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier Aug 2013

Fédéralisme Et Dialogue Sur L'Égalité: Une Comparaison Des Droits Des Etats-Unis Et De L'Union Européenne, Charles Baron, Sophie Robin-Olivier

Charles H. Baron

No abstract provided.


Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski Dec 2005

Ethics In A Global Biopharmaceutical Environment, Michael J. Malinowski

Journal Articles

No abstract provided.


Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen Dec 2005

Using A Literary Case Study To Teach Lawyering Skills: How We Used Damages By Barry Werth In The First-Year Legal Writing Curriculum, Jeanne M. Kaiser, Myra Orlen

Faculty Scholarship

First-year law students arrive for their first day of classes with varying perceptions about the practice of law and what it means to be a lawyer. Although some students have first-hand knowledge of the profession based on their work in a law office or from family members who are attorneys, many students base their entire conception of what it means to be a lawyer on images from popular media. The Authors discuss how they used a literary account to acquaint students with an authentic picture of litigation, while still teaching the rudiments of legal research and writing. The book used ...


Capital Requirements In United States Corporation Law, Richard A. Booth Dec 2005

Capital Requirements In United States Corporation Law, Richard A. Booth

Working Paper Series

This paper focuses on corporation law in the United States as it relates to capital contributions and capital maintenance. In other words, the paper addresses the provisions of corporation law relating to (1) the obligation of investors to contribute to the corporation a specified amount of capital and (2) the obligation of the corporation to maintain a specified amount of capital (and not to pay it back to the stockholders in the form of dividends or payments to repurchase or redeem shares). Traditionally, the amount of capital that must be contributed to and maintained by a corporation is called the ...


Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen Dec 2005

Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen

Faculty Scholarship

Under current international law, combatant status is an all-or-nothing proposition. Either a fighting force qualifies under all the criteria of article 4 of the GPW and receives all the privileges and immunities of combatant status, or a force does not qualify, and is provided no protection above that of any other civilian in the area, and may even be disqualified from the protections afforded to civilians. Given the reality of today's battlefields where the conflict is seldom between the armed forces of two nations, these requirements are counterproductive and provide a disincentive for fighters to distinguish themselves from the ...


The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr. Dec 2005

The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.

Dr. Muhammad Munir

The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the ...


Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr. Dec 2005

Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.

Dr. Muhammad Munir

This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.


Speech Discrimination, John Fee Dec 2005

Speech Discrimination, John Fee

Faculty Scholarship

No abstract provided.


The Decline Of Defense Counsel And The Rise Of Accuracy In Criminal Adjudication, Darryl K. Brown Dec 2005

The Decline Of Defense Counsel And The Rise Of Accuracy In Criminal Adjudication, Darryl K. Brown

California Law Review

No abstract provided.


The Chinese Dilemma: Practical Solutions To Irresponsible Immigration Reform And The Ensuing Circuit Court Traffic Jam, Zachary Slapsys Dec 2005

The Chinese Dilemma: Practical Solutions To Irresponsible Immigration Reform And The Ensuing Circuit Court Traffic Jam, Zachary Slapsys

City University of New York Law Review

No abstract provided.


Home Team Advantage?: The Taking Of Private Property For Sports Stadiums, Erin A. Stanton Dec 2005

Home Team Advantage?: The Taking Of Private Property For Sports Stadiums, Erin A. Stanton

City University of New York Law Review

No abstract provided.


Fear Of The Queer Marriage: The Nexus Of Transsexual Marriages And U.S. Immigration Law, Justin L. Haines Dec 2005

Fear Of The Queer Marriage: The Nexus Of Transsexual Marriages And U.S. Immigration Law, Justin L. Haines

City University of New York Law Review

No abstract provided.


Reimagining The Right To Commercial Sex: The Impact Of Lawrence V. Texas On Prostitution Statutes, Belkys Garcia Dec 2005

Reimagining The Right To Commercial Sex: The Impact Of Lawrence V. Texas On Prostitution Statutes, Belkys Garcia

City University of New York Law Review

No abstract provided.


Helene Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres Dec 2005

Helene Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres

City University of New York Law Review

No abstract provided.


Shaken From Her Pedestal: A Decade Of New York City's Sex Industry Under Siege, Jennifer Cook Dec 2005

Shaken From Her Pedestal: A Decade Of New York City's Sex Industry Under Siege, Jennifer Cook

City University of New York Law Review

No abstract provided.


Front Matter Dec 2005

Front Matter

City University of New York Law Review

No abstract provided.


Quoting The Bible: The Use Of Religious References In Judicial Decision-Making, Sanja Zgonjanin Dec 2005

Quoting The Bible: The Use Of Religious References In Judicial Decision-Making, Sanja Zgonjanin

City University of New York Law Review

No abstract provided.


The Exit Structure Of Venture Capital, D. Gordon Smith Dec 2005

The Exit Structure Of Venture Capital, D. Gordon Smith

Faculty Scholarship

Venture capital contracts contain extensive provisions regulating exit by the venture capitalists. In this Article, Professor Smith employs financial contracting theory in conjunction with original data collected from 367 venture-backed companies to analyze these exit provisions. He concludes that the combination of exit provisions in a typical venture capital relationship serves to lock venture capitalists into the investment during the initial stage. In later stages of the relationship, the venture capitalists acquire increasing control over exit by securing additional seats on the board of directors and by obtaining contractual exit rights. The result is a sophisticated transfer of control from ...


Moral Hazard And The Initial Public Offering, A. Christine Hurt Dec 2005

Moral Hazard And The Initial Public Offering, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Bloque De Constitucionalidad Y Proceso De Inconstitucionalidad De Las Leyes, Edgar Carpio Marcos Dec 2005

Bloque De Constitucionalidad Y Proceso De Inconstitucionalidad De Las Leyes, Edgar Carpio Marcos

Edgar Carpio Marcos

No abstract provided.


Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert Dec 2005

Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert

Nevada Supreme Court Summaries

A jury, selected from the third venire, convicted Gary Jerome Williams of battery with use of a deadly weapon causing substantial bodily harm on Robin Swope. On June 22, 2003, Williams and the victim (Robin Swope) engaged in an altercation after Swope saw Williams speaking to Swope’s thirteen-year-old daughter. At trial, most details of the altercation were highly disputed including, who was the initial aggressor, who produced a knife, and whether Swope used highly inflammatory language. In 1985, when he was seventeen, the State of Arkansas convicted Williams of aggravated battery, sentencing him to fifteen years confinement. The Nevada ...


From Harm To Robustness: A Principled Approach To Vice Regulation, Jim Leitzel Dec 2005

From Harm To Robustness: A Principled Approach To Vice Regulation, Jim Leitzel

ExpressO

John Stuart Mill’s harm principle maintains that adult behavior cannot justifiably be subject to social coercion unless the behavior involves harm or a significant risk of harm to non-consenting others. The absence of harms to others, however, is one of the distinguishing features of many manifestations of “vices” such as the consumption of alcohol, nicotine, recreational drugs, prostitution, pornography, and gambling. It is with respect to vice policy, then, that the harm principle tends to be most constraining, and some current vice controls, such as prohibitions on drug possession and prostitution, violate Mill’s precept. In the vice arena ...


Can Florida’S Legislative Standard Of Review For Small-Scale Land Use Amendments Be Justified?, Bernard R. Appleman Dec 2005

Can Florida’S Legislative Standard Of Review For Small-Scale Land Use Amendments Be Justified?, Bernard R. Appleman

ExpressO

This article examines the legal justification and practical application of recent Florida Supreme Court decisions classifying all comprehensive plan amendments as legislative decisions and all other zoning changes as quasi-judicial. The author outlines historical trends and concerns relating to the appropriate standard of judicial review for zoning actions, followed by a review of the evolution of the statutes and case law in Florida. The article challenges the standard of deference for legislative review of zoning actions based on separation of powers and due process. It also identifies inconsistencies in Florida case law and inequities in local government processes for reviewing ...


Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps Dec 2005

Good Faith Performance In Employment Contracts: A "Comparative Conversation" Between The Us And England, Katherine M. Apps

ExpressO

This paper asks two questions connected by the fact that they both stem from the inherent incompleteness of employment contracts: in American law, how can the terms in employment handbooks be variable, but sometimes only within reasonable procedurally fair circumstances; and in English law, why doesn’t the implied term of mutual trust and confidence in employment contracts fall foul of the strict test for implication of terms into contract? This paper finds the answer to both questions in the doctrine of good faith. An analysis of good faith as a “comparative conversation” between academic and judicial debates in the ...


Rediscovering The Economics Of Loss Causation , Richard Kaplan, Madge Thorsen, Scott Hakala Dec 2005

Rediscovering The Economics Of Loss Causation , Richard Kaplan, Madge Thorsen, Scott Hakala

ExpressO

Abstract This article explores the economic principles and theories underlying loss causation in the context of securities fraud litigation. It explains the difference between “investment loss” and recoverable “inflationary loss” and posits that the latter consists of the difference between inflation in stock prices caused by the fraud at the time of purchase and inflation in the price at the time of sale. It reviews scenarios in which inflationary loss due to fraud may occur and would be recognized as a matter of economic theory as well as a matter of law. It urges that Dura v. Broudo Pharmaceuticals, 125 ...