Law Commons^™

The Unimportance Of Being Efficient: An Economic Analysis Of Stock Market Pricing And Securities Regulation, Lynn A. Stout

Michigan Law Review

Part I of this article describes how perceptions that market efficiency is an important regulatory objective have influenced the development of securities law. For illustration, Part I examines the role of market efficiency goals in recent debates on the scope of insider trading liability, on trading in stock index futures, and on mandatory disclosure of merger negotiations. Part II then evaluates the notion that more efficient stock markets necessarily produce more optimal resource allocation. A closer look at the economic consequences of stock prices suggests that the principal function of stock prices is not resource allocation but rather the redistribution …

Free Speech And The "Acid Bath": An Evaluation And Critique Of Judge Richard Posner's Economic Interpretation Of The First Amendment, Peter J. Hammer

Michigan Law Review

Part I of this Note introduces the mechanics of the model Judge Posner has developed to determine whether restrictions upon speech should be upheld. Part II evaluates and critiques Posner's method from an internal perspective. This is first done by examining the theoretical foundations and assumptions of his economic perspective. This part then turns to testing the output and conclusions of the model to determine how successfully the theory can be turned into practice. Part III constitutes an external critique of Posner's model. This part addresses the question of whether the first amendment should be thought of in economic terms. …

Mistaken Transfers And Profitable Infringement On Property Rights: An Economic Analysis, Peter K. Huber

Louisiana Law Review

No abstract provided.

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …

The Economics Of Accidents, Michelle J. White

Michigan Law Review

A Review of Economic Analysis of Accident Law by Steven Shavell

Explaining Tort Law: The Economic Theory Of Landes And Posner, Peter C. Carstensen

Michigan Law Review

A Review of The Economic Structure of Tort Law by William M. Landes and Richard A. Posner

Uncertainty, Efficiency, And The Brokerage Industry, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

A Micro-Microeconomic Approach To Antitrust Law: Games Managers Play, Harry S. Gerla

Michigan Law Review

If we are to gain an accurate perspective on the impact of antitrust laws and policies on the behavior of firms in the real world, we must adopt a micro-microeconomic approach which focuses not on how rational, profit-maximizing firms will theoretically behave, but upon how late twentieth-century American managers and executives actually behave. This article attempts to begin that task.

Part I of this article examines the justifications for focusing on individual managers rather than profit-maximizing firms as the key actors in antitrust law. Part II looks at contemporary management mores and practices and develops some generalized "rules of the …

The Rhetoric Of Law And Economics, Donald N. Mccloskey

Michigan Law Review

Economics and law have contrasting rhetorics, which is one reason perhaps why economics has become influential in law. It is a new way of arguing, and lawyers are on the watch for new ways of arguing.

These "rhetorics" are not always bad. "Rhetoric" here is not merely ornament and trickery, but all persuasion, from arithmetic to moral character. We humans must decide what arguments we find persuasive. The lawyer's appeal to stare decisis or the economist's claim to scientific status are rhetorical acts, good or bad. I want to argue that economics is a sweet science, but the rhetoric of …

The Sherman Act And The Balance Of Power, David K. Millon

Scholarly Articles

None available.

Book Reviews: "Antitrust Law And Economics": Responding To An Ivory Tower Critique, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Inframarginal Consumers And The Per Se Legality Of Vertical Restraints, Don Boudreaux, Robert B. Ekelund Jr.

Hofstra Law Review

No abstract provided.

An Economic Analysis Of Liquor Price Affirmation Laws: Do They Burden Interstate Commerce?, Michael W. Pustay, Asghar Zardkoohi

Louisiana Law Review

No abstract provided.

In Defense Of Franchisors: The Law And Economics Of Franchise Quality Assurance Mechanisms, Scott Makar

Villanova Law Review

No abstract provided.

Government Intervention In Labor Markets: A Property Rights Perspective, Daniel J. Mitchell

Villanova Law Review

No abstract provided.

Remarks (As Panelist) On "Environment, Economic Development And Human Rights: A Triangular Relationship?", David A. Wirth

David A. Wirth

No abstract provided.

Is Fraudulent Conveyance Law Efficient?, David G. Carlson

Articles

No abstract provided.

Do The Doj Vertical Restraints Guidelines Provide Guidance?, Alan A. Fisher Ph.D., Frederick I. Johnson, Robert H. Lande

All Faculty Scholarship

Vertical restraints come in a glittering menu of exceptional variety, including resale price maintenance (RPM), tying, exclusive dealing, requirements contracts, "best efforts" clauses, full-line forcing, airtight and nonairtight exclusive territories, customer restrictions, areas of primary responsibility, profit-passover provisions, restrictions on locations of outlets, and dual distribution. Firms sometimes combine vertical restraints into packages. The great variety of individual and combined vertical restraints complicates the discovery of market effects. Indeed, identifying what restraint(s) a given firm is using at any particular time can be difficult.

Trademark Law, Economics And Grey-Market Policy, Lars H. Liebeler

Indiana Law Journal

No abstract provided.

Volatility And Market Inefficiency: A Commentary On The Effects Of Options, Futures, And Risk Arbitrage On The Stock Market , Thomas Lee Hazen

Washington and Lee Law Review

No abstract provided.

Philosophy In Bankruptcy, David Gray Carlson

Michigan Law Review

A Review of The Logic and Limits of Bankruptcy Law by Thomas H. Jackson

Road Signs And The Goals Of Justice, Joseph Sanders

Michigan Law Review

Review of Ideals, Beliefs, Attitudes, and the Law: Private Law Perspectives on a Public Law Problem by Guido Calabresi

Contingent Income Items And Cost Basis Corporate Acquisitions: Correlative Adjustments And Clearer Reflection Of Income, John W. Lee, Mark S. Bader

Faculty Publications

No abstract provided.

Are We A Nation Of Tax Cheaters? New Econometric Evidence On Tax Compliance, Jeffrey A. Dubin, Michael J. Graetz, Louis L. Wilde

Faculty Scholarship

In 1982, then Commissioner of Internal Revenue Roscoe Egger reported to Congress that legal sector noncompliance with the Federal Income Tax statutes generated an "income tax gap" of $81 billion in 1981, up from $29 billion in 1973. He further projected a gap of $120 billion for 1985 (U.S. Congress, 1982). Perceptions of accelerating noncompliance inspired a crisis mentality within the Internal Revenue Service, Congress, and the tax bar.

The IRS responded in part by funding a major independent study of tax noncompliance via the National Academy of Sciences, and the American Bar Foundation initiated an investigation of its own …

The Law And Economics Of High Treason In England From Its Feudal Origin To The Early Seventeenth Century, Frank W. Harris

Valparaiso University Law Review

No abstract provided.

The Conservation Movement In A Corporate Age, Charles F. Wilkinson

Publications

No abstract provided.

Economics And Law: Two Cultures In Tension, James Boyd White

Articles

I want to preface my remarks by saying something about the kind of talk this is going to be. As my title says, I shall speak mainly about economics and law, which I shall examine as forms of thought and life, or what I shall call cultures. With law, about which in fact I shall speak rather briefly, I am naturally familiar by training and experience. But with economics I am familiar only as an observer­ as a general reader who reads the newspaper, as a lawyer who has followed a little of the law and economics literature, and as …

Monfort Of Colorado, Inc. V. Cargill, Inc.: Standing To Enjoin Horizontal Mergers By Competing Companies, Michelle Cuervo Donaj

University of Miami Law Review

No abstract provided.

Death Of The Law , Owen M. Fiss

Cornell Law Review

No abstract provided.

Letter To Bruce Ackerman, Wendy J. Gordon

Scholarship Chronologically

I shall be heading back to Rutgers for classes shortly, and I'm sending you a draft of the "Copyright and Copy-privilege" piece in the hope of receiving some additional comments before I enter into the final "polishing" stages later this month. As you know from my last note, the suggestions you made have proved extremely useful -- the title is the least of it. Among other things, your suggestions for reorganization led, indirectly, to a way of unifying the piece on copyright and contract with another piece I've been working on, regarding copyright and tort. I'm very pleased with the …