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Articles 1 - 28 of 28
Full-Text Articles in Law
What Collusion? Unilateral Market Power As A Catalyst For Countercyclical Markups, Bart Wilson
What Collusion? Unilateral Market Power As A Catalyst For Countercyclical Markups, Bart Wilson
Bart J Wilson
No abstract provided.
Menu Costs And Nominal Price Friction: An Experimental Examination, Bart Wilson
Menu Costs And Nominal Price Friction: An Experimental Examination, Bart Wilson
Bart J Wilson
No abstract provided.
The Growing Pains Of Behavioral Law And Economics, Thomas S. Ulen
The Growing Pains Of Behavioral Law And Economics, Thomas S. Ulen
Vanderbilt Law Review
We are at the beginning of behavioral law and economics. We now see only dimly the outlines of the elaborate theory of decision making that is to come. We are like the independent scholars who examined the various parts of a very large animal and then tried to put together their reports to describe that animal; we each have bits and pieces of the elephant but no clear image of the entire beast. But we should not despair. We must remember that this behavioralist discipline is, as scholarly developments go, young. Indeed, the conventional law and economics model, to which …
Behavioral Economics, The Economic Analysis Of Bankruptcy Law And The Pricing Of Credit, Robert K. Rasmussen
Behavioral Economics, The Economic Analysis Of Bankruptcy Law And The Pricing Of Credit, Robert K. Rasmussen
Vanderbilt Law Review
Bankruptcy has been a fertile ground for the economic analysis of law. A significant portion of bankruptcy scholarship during the past fifteen years applies the basic assumptions of standard economic theory to the problems caused by financial distress. This scholarship begins with the premise that people make choices in a rational manner in order to maximize their individual utility. It applies this axiom to questions ranging from when do individuals file for bankruptcy to how bankruptcy laws affect firms' investment decisions. As it has in most other areas of law (especially private law), law and economics has both reshaped our …
Putting Rational Actors In Their Place: Economics And Phenomenology, Edward L. Rubin
Putting Rational Actors In Their Place: Economics And Phenomenology, Edward L. Rubin
Vanderbilt Law Review
The model of human behavior that is used in microeconomics is both normative and descriptive. As a normative model, it is an historical successor to the medieval concept of grace and the Renaissance concept of virtue. As a descriptive model, it is a theory of human psychology. Economists tend to deemphasize this point be- cause psychology is a notoriously "soft" science, and economists aspire to the "hard" sciences' precision. Nonetheless, any model that states the way human beings behave under specified circumstances is necessarily a theory of the way the human mind functions, and thus be- longs in the category …
Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden
Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden
Vanderbilt Law Review
It is surprising that there are cases like Boomer v. Atlantic Cement Co.I The plaintiffs in Boomer were eight homeowners seeking injunctive relief against the dust and noise produced by a neighboring cement plant, the Atlantic Cement Company. The trial court declared Atlantic Cement a nuisance, but refused to enjoin the plant's operations. Instead, the court awarded monetary damages to the plaintiffs for the loss in value to their property attributable to the defendant's activities. The dissatisfied plaintiffs appealed, but ultimately New York's highest court declared that they were not entitled to injunctive relief. That the plaintiffs sued the plant …
Can There Be A Behavioral Law And Economics?, Samuel Issacharoff
Can There Be A Behavioral Law And Economics?, Samuel Issacharoff
Vanderbilt Law Review
The emergence of the modern law and economics analysis generally is dated to the early 1960s with the publication of seminal work by Ronald Coase' and subsequently by Guido Calabresi and Douglas Melamed. These articles laid the foundation for the relation between legal rules, wealth maximization, and transaction costs, which provided the pivotal application of economic analysis to legal problems. However, the current sweep of law and economics would have been inconceivable without Gary Becker's insight into the application of neoclassical comparisons of marginal utility to the stuff of everyday life. Becker's analysis of routine decision making in terms of …
Albrecht Rule After Khan: Death Becomes Her, Roger D. Blair, John E. Lopatka
Albrecht Rule After Khan: Death Becomes Her, Roger D. Blair, John E. Lopatka
Notre Dame Law Review
No abstract provided.
What Collusion? Unilateral Market Power As A Catalyst For Countercyclical Markups, Bart Wilson
What Collusion? Unilateral Market Power As A Catalyst For Countercyclical Markups, Bart Wilson
Bart J. Wilson
No abstract provided.
A Mountain Bicycling Perspective On User Group Conflict, Martha Roskowski
A Mountain Bicycling Perspective On User Group Conflict, Martha Roskowski
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
11 pages.
Contains 1 page of references.
Public Choice Revisited, Daniel A. Farber, Philip P. Frickey
Public Choice Revisited, Daniel A. Farber, Philip P. Frickey
Michigan Law Review
Although not the first book on public choice_ for a legal audience, Max Stearns's Public Choice and Public Law is the first full-scale textbook for law school use. An ambitious undertaking by a rising young scholar, the book provides law students with a comprehensive introduction to public choice. Public choice - essentially, the application of economic reasoning to political institutions - has become a significant aspect of public law scholarship. Indeed, in his Foreword, Saul Levmore hails public choice as "[t]he most exciting intellectual development in law schools in the last decade" (p. xi). Be that as it may, the …
Public Choice Theory And The Fragmented Web Of The Contemporary Administrative State, Jim Rossi
Public Choice Theory And The Fragmented Web Of The Contemporary Administrative State, Jim Rossi
Michigan Law Review
Since World War II, public choice theory - defined broadly as the application of the assumptions and methodology of microeconomics to describe or predict the way public officials exercise power - has grown from a fledgling movement, gaining mainstream acceptance and respect for its insights into voting behavior, judicial decisionmaking, and other public actions. Although a theory first explored by economists and political scientists, public choice's normative insights have earned credibility in recent years in academic legal literature. Public choice's acceptance in the law school curriculum is demonstrated by the recent publication of course material on the topic. However, despite …
The Flawed Economics Of The Dormant Commerce Clause, Paul E. Mcgreal
The Flawed Economics Of The Dormant Commerce Clause, Paul E. Mcgreal
William & Mary Law Review
No abstract provided.
Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley
Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Joint Custody And Strategic Behavior, Saul Levmore
Joint Custody And Strategic Behavior, Saul Levmore
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin
Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
The Illegality Of Unilateral Trade Measures To Resolve Trade-Environment Disputes, Kevin C. Kennedy
The Illegality Of Unilateral Trade Measures To Resolve Trade-Environment Disputes, Kevin C. Kennedy
William & Mary Environmental Law and Policy Review
No abstract provided.
Menu Costs And Nominal Price Friction: An Experimental Examination, Bart Wilson
Menu Costs And Nominal Price Friction: An Experimental Examination, Bart Wilson
Bart J. Wilson
No abstract provided.
Measuring Market Power When The Firm Has Power In The Input And Output Markets, Keith N. Hylton, Mark Lasser
Measuring Market Power When The Firm Has Power In The Input And Output Markets, Keith N. Hylton, Mark Lasser
Faculty Scholarship
We examine the problem of measuring market power when the firm has monopoly power in the output market and monopsony power in the input market - a case we refer to as 'dual-market' power. We show how the Lerner index, which measures the mark-up over the marginal cost, can be modified to reflect the firm's ability to set price above the competitive level.
Recent Trends In Merger Enforcement In The United States: The Increasing Impact Of Economic Analysis, Robert H. Lande, James Langenfeld
Recent Trends In Merger Enforcement In The United States: The Increasing Impact Of Economic Analysis, Robert H. Lande, James Langenfeld
All Faculty Scholarship
From its modern origins more than thirty years ago federal merger policy has centered around the use of standard surrogates for market power to make presumptions about the likely effects of mergers. Since that time it has been evolving towards an increasingly complex approach as economic considerations have expanded their influence on merger policy. This trend was solidified in the 1982 revision of the Department of Justice's Merger Guidelines, accelerated by the Department of Justice and Federal Trade Commission 1992 Horizontal Merger Guidelines' increased emphasis on unilateral (as opposed to collusive) anticompetitive effects, and has reached new heights in the …
When Law And Economics Met Professional Responsibility, George M. Cohen
When Law And Economics Met Professional Responsibility, George M. Cohen
Fordham Law Review
No abstract provided.
Secured Lending As A Zero-Sum Game, David G. Carlson
Book Review, Lakshman D. Guruswamy
Women And Children In The Economy: Reflections From The Income Tax System, Faye Woodman
Women And Children In The Economy: Reflections From The Income Tax System, Faye Woodman
Articles, Book Chapters, & Popular Press
I have been asked to speak on “women and economics” with specific reference to the Canadian tax system. It is my thesis that the economic vulnerabilities of women and children in this nation are reflected and reinforced in the tax system. Further, it is my view that societal attitudes about who should support, and how we should support, children contribute to a complex synergy within the economic/tax system. This has the potential to produce a new underclass of government dependents who are dependent because, paradoxically, they receive so little support. Finally, I end with a plea for a broader commitment …
Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman
Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman
Articles
The law and economics movement has had a major impact on many areas of law, but rather little on the law of evidence. This is not to say that there have been no attempts to analyze evidentiary issues through an economic lens,' but such efforts are far more scattered in evidence than in other legal fields, including the closely related one of civil procedure.2 Believing that economics has value for evidentiary analysis, I suggested to the Executive Committee and Advisory Board of the Evidence Section of the Association of American Law Schools ("AALS"), when I was chairman of the section, …
Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.
Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
“Why Infer”? What The New Institutional Economics Has To Say About Law-Supplied Default Rules, Juliet P. Kostritsky
“Why Infer”? What The New Institutional Economics Has To Say About Law-Supplied Default Rules, Juliet P. Kostritsky
Faculty Publications
A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law-supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative framework for assessing the costs and benefits of legal interventions, they are incompletely justified. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve the fundamental issues of legal intervention. The Article uses that framework to critique the hypothetical bargain and Ayres/Gertner penalty …
Rethinking Law In Globalizing Labor Markets, Fran Ansley
Rethinking Law In Globalizing Labor Markets, Fran Ansley
Scholarly Works
No abstract provided.