Law Commons^™

Don’T Forget The Lawyers: Legal Human Capital And The Role Of Lawyers In Supporting The Rule Of Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

Szerzõdési Szabadság És Paternalizmus: Adalékok A Szerzõdési Jog Közgazdasági Elemzéséhez [Freedom Of Contract And Paternalism: A Contribution To The Economics Of Contract Law] , Peter Cserne

Péter Cserne

No abstract provided.

The Discretion Of Judges And Corporate Executives: An Insider’S View Of The Disney Case, John J. Donohue

John Donohue

The widely publicized Disney case is perhaps the most important corporate law litigation in many decades. The case illustrates the immense discretion in the hands of trial judges in Delaware Chancery Court to let their passive corporate law ideology determine the outcome even in cases of egregious management neglect. Unfortunately, as managers, not shareholders, are the ones who decide where to incorporate and Delaware—the state of choice—depends on incorporation revenues to feed its coffers, too often this discretion is exercised to protect management at shareholder expense.

Horizontal Political Externalities: The Supply And Demand Of Disaster Management, Ben Depoorter

Ben Depoorter

This Article discusses the dynamics of shared political accountability and provides a supply- and demand-side analysis of disaster management. Because multiple levels of government share political accountability in national scale disasters, disaster management is subject to a collective action problem. Introducing the concept of horizontal political externalities, this Article explains the shortcomings of disaster management in terms of asymmetric political accountability costs for ex ante preparedness and ex post relief. In the presence of shared accountability, investments in prevention and relief by one government actor confer positive externalities upon other government actors by reducing the overall chance of being held …

The Accident Externality From Driving, Aaron S. Edlin, Pinar Karaca Mandic

Aaron Edlin

Judging Science: An Essay On The Unscientific Basis Of Beliefs About The Impact Of Law On Science And The Need For Better Data About Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

The Problem Of Internalisation Of Social Costs And The Ideas Of Ronald Coase, Enrico Baffi

enrico baffi

This work examines the influence of Coasian thought on the analysis of externalities as used by economists and legal economists. Ronald Coase, a Chicago scholar, advanced a series of critiques of the Pigovian tax system; the theorem that bears his name is merely the best known. In his 1960 work, he sought to demonstrate that the internationalisation of social costs was not always socially useful. In addition, he identified other institutional solutions to which systems can - and often do - resort. One of these solutions is to simply authorise the harmful activity without introducing mechanisms to internalise social costs. …

Democracia Sin Blindaje, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.

Does Religion Really Reduce Crime?, Paul Heaton

Paul Heaton

Considerable research in sociology, criminology, and economics aims to understand the effect of religiosity on crime. Many sociological theories positing a deterrent effect of religion on crime are empirically examined using ordinary least-squares (OLS) regressions of crime measures on measures of religiosity. Most previous studies have found a negative effect of religion on crime using OLS, a result I am able to replicate using county-level data on religious membership and crime rates. If crime affects religious participation, however, OLS coefficients in this context suffer from endogeneity bias. Using historic religiosity as an instrument for current religious participation, I find a …

Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister

Paul D. Callister

When monopoly control over the flow of information is lost, the unavoidable consequence is destabilization. Information flow through a society can be understood as a market - not a market exchanging cash for goods, but loyalty for identity. Hence the market is called the Market for Loyalties - so labeled by an economics of information theory first developed by Prof. Monroe Price, of Cardozo Law School, and Director of the Howard M. Squadron Program in Law, Media and Society, to explain government regulation of radio, TV, cable and satellite broadcasting.

In post-invasion Iraq, Saddam Hussein lost or monopoly control over …

Strategies For Ip And Technology Standards, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.

Limiting Limited Liability, Giuseppe Dari-Mattiacci

Giuseppe Dari-Mattiacci

Limited liability may result in inefficient accident prevention, because a relevant portion of the expected harm is externalized on victims. This paper shows that under some restrictive conditions further limiting liability by means of a liability cap can improve caretaking.

¿Es La Pobreza La Causa Del Terrorismo?, Víctor Pavón-Villamayor, Jorge Velázquez-Roa

Víctor Pavón-Villamayor

No abstract provided.

La Reforma Política Pendiente, Jose Luis Sardon

Jose Luis Sardon

El presente artículo identifica las claves institucionales que explican las repetidas frustraciones políticas del Perú. Argumenta que existen problemas de diseño tanto en el sistema de gobierno como en el sistema de representación. El Perú tiene un sistema de gobierno seudopresidencial, en el cual predomina un Congreso fragmentado e irresponsable, debido a que es elegido a través de un sistema de representación proporcional. Para tener bases políticas propicias para el desarrollo de los mercados, se requiere una reforma de tales instituciones políticas.

The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer

Nancy J. Knauer

The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …

The Marginal Utility Of Consolidated Agency Hearings In Ohio: A Due Process Analysis From An Economic Perspective, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

No abstract provided.

Implications For The Vietnamaese Textile And Apparel Industry In Light Of Abolishing The Multifiber Arrangement And The Us - Vietnam Bilateral Investment Treaty, Joseph Pelzman

Joseph Pelzman

No abstract provided.

An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A formal model of the law of fair use.

Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle

Eric A. Engle

Examines the extraterritorial application of U.S. criminal law in the context of corporations.