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Jurisprudence Commons

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Articles 1 - 4 of 4

Full-Text Articles in Jurisprudence

Disclosure As Distribution, Jeremy N. Sheff Jan 2013

Disclosure As Distribution, Jeremy N. Sheff

Faculty Publications

This brief response to the work of Professors Omri Ben-Shahr and Carl Schneider on mandated disclosure regimes investigates the normative criteria underlying their claim that those regimes are failures. Specifically, it unpacks the pieces of those authors' implicit cost-benefit analysis, revealing inherently normative judgments about desert and responsibility at the core of their (or any) critique of disclosure regimes. Disclosure regimes may aim to improve human decisionmaking behaviors, but those behaviors are influenced in non-deterministic ways by cognitive capacities that are heterogeneously distributed among subjects of the regimes. Accordingly, any claim regarding the normative desirability of disclosure regimes (or any …


Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez Jan 2013

Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez

Faculty Publications

No abstract provided.


The Law And Economics Of Norms, Juliet P. Kostritsky Jan 2013

The Law And Economics Of Norms, Juliet P. Kostritsky

Faculty Publications

The Evolution of Norms Within Economics and Law: Why Norms Were Ignored and Why They Matter Under Realistic Models of Behavior in Which Norms Emerge as the Outcome of Exchange to Reduce Costs


Marks, Morals, And Markets, Jeremy N. Sheff Jan 2013

Marks, Morals, And Markets, Jeremy N. Sheff

Faculty Publications

The prevailing justification for trademark law depends on economic arguments that cannot account for much of the law's recent development, nor for mounting empirical evidence that consumer decisionmaking is inconsistent with assumptions of rational choice. But the only extant theoretical alternative to economic analysis is a Lockean "natural rights" theory that scholars have found even more unsatisfying. This Article proposes a third option. I analyze the law of trademarks and unfair competition as a system of moral obligations between producers and consumers. Drawing on the contractualist tradition in moral philosophy, I develop and apply a new theoretical framework to evaluate …