Jurisprudence Commons^™

Comparative Advantages Of The Supreme People’S Court Judgement(最高人民法院判决的比较优势), Meng Hou

Hou Meng

No abstract provided.

Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne

Péter Cserne

No abstract provided.

Legal And Anthropological Research: 30 Years Of Experience In China（法律和人类学研究：中国经验30年）, Meng Hou

Hou Meng

No abstract provided.

The Citation Of Civil Judicial Interpretations By The Verdicts(判决书对民事司法解释的引证), Meng Hou

Hou Meng

No abstract provided.

Annual Analysis Report Of Supreme People’S Court (2007)【最高人民法院年度分析报告（2007）】, Meng Hou

Hou Meng

No abstract provided.

Could Such A Classification Of Data Really Reflect The Status Quo Of Chinese Humanities And Social Sciences?（数据如此分组能否真实反映法学现状──评《中国人文社会科学学术影响力报告》“法学部分”）, Meng Hou

Hou Meng

No abstract provided.

Bounded Rationality And Legal Scholarship, Matthew D. Adler

All Faculty Scholarship

Decision theory seems to offer a very attractive normative framework for individual and social choice under uncertainty. The decisionmaker should think of her choice situation, at any given moment, in terms of a set of possible outcomes, that is, specifications of the possible consequences of choice, described in light of the decisionmaker’s goals; a set of possible actions; and a "state set" consisting of possible prior "states of the world." It is this framework for choice which provides the foundation for expected utility theory, as demonstrated in the work of Leonard Savage. Problems arise, however, when the decisionmaker is boundedly …

System Significance Of Law Citation（法律引证的制度意义）, Meng Hou

Hou Meng

No abstract provided.

The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras

Andrés Palacios Lleras

This paper engages in a inquiry into the roles that courts play within the legal system, given that judges are interdependent interpreters of legal rules that are boundedly rational and, arguably, politically biased. Contemporary authors claim that, although these two conditions play an important role in interpretation, contemporary theories in jurisprudence have not addressed them properly. Their assessments raise legal issues that are very significant; given the fact that judges are boundedly rational and tend to display political biases, how should they interpret legal rules? Is it best for them to interpret these rules in a formalist fashion, without resorting …

The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras

Andrés Palacios Lleras

This paper engages in a time-honored inquiry in American jurisprudence, an inquiry which continues to be invigorated by contemporary studies in Constitutional Law. It is an inquiry into the determinacy of the American Constitution as a legal text, taking into account that it was drafted and approved more than two hundred years ago with the purpose, arguably, to organize present and future political decision-making. Some contemporary authors claim that the discussion about the role of the Constitution is muddled, and that to acknowledge its authority does not necessarily entail a theory of constitutional interpretation. Furthermore, other authors have claimed that …

Extraterritoriality, Antitrust, And The Pragmatist Style, Justin Desautels-Stein

Publications

In the last decades of the 20th century, David Kennedy and Martti Koskenniemi made the case that the modern structure of international legal argument was characterized by "pragmatism." Taking this idea as its baseline, this Article's central argument is that legal pragmatism embodies a dominant style of contemporary legal reasoning, and that as Kennedy and Koskenniemi might have suggested, it is on display in some of the canonical antitrust decisions having an international dimension. The Article also seeks to show that pragmatism's ostensible triumph is best understood as a contest of three distinctly legal pragmatisms: "eclectic pragmatism," as evidenced in …

Tax Equity, Anthony C. Infanti

Articles

Simply put, this article stands the traditional concept of tax equity on its head. Challenging the notion that tax equity is an unequivocal good, this article deconstructs the concept of tax equity to reveal the subtle, yet pernicious ways in which it shapes tax policy debates and impinges upon contributions to those debates. The article describes how tax equity, with its narrow focus on income - as the sole relevant metric for judging tax fairness, presupposes a population that is homogeneous along all other lines. Through this insidious homogenization, tax equity performs both a sanitizing and a screening function in …

The Disadvantages Of Immigration Restriction As A Policy To Improve Income Distribution, Howard F. Chang

All Faculty Scholarship

In this Article, I argue that tax and transfer policies are more efficient than immigration restrictions as instruments for raising the after tax incomes of the least skilled native workers. Policies to protect these native workers frol1'l immigrant competition in the labor market do no better at promoting distributive justice and are likely to impose a greater economic burden on natives in the country of immigration than the tax alternative. These immigration restrictions are especially costly given the disproportionate burden that they place on households with working women, which discourages fel1'wle participation in the labor force. This burden runs contrary …

The Economics Of International Labor Migration And The Case For Global Distributive Justice In Liberal Political Theory, Howard F. Chang

All Faculty Scholarship

Estimates of the magnitude of the gains that the world could enjoy by liberalizing international migration indicate that even partial liberalization would not only produce substantial increases in the world’s real income but also improve its distribution. Although the economic effects of immigration on native workers and distributive justice among natives are often advanced as reasons to reduce immigration, these concerns do not provide a sound justification for our restrictive immigration laws. Instead, the appropriate response to concerns about the distribution of income among natives is to increase the progressivity of our tax system. Protectionist immigration policies are not only …

Progressive Era, Richard Adelstein

Richard Adelstein

A short interpretive summary of the period 1890 - 1914.

Responsabilidade Civil Dos Robôs? Normas Sociais De Controle Dos Agentes Eletrônicos, Ivo T. Gico

Ivo Teixeira Gico Jr.

Nesta contribuição, discute-se que, mesmo em ambientes cibernéticos, o Direito imposto surge como uma necessidade natural de sistemas sociais complexos.

O surgimento efetivo de robôs e a expansão dos agentes eletrônicos principalmente na Internet impuseram a auto-regulação por normas costumeiras, ontologicamente de adesão espontânea (não cogentes, portanto).

Com o crescimento da rede e a absoluta impessoalidade que agora reina, esse tipo de regramento é simplesmente ineficaz, cabendo ao o Direito positivo delimitar os parâmetros para que a rede evolua e cresça em importância.

In this contribution, the author discusses that, even in cyber environments, tax law emerges as a natural …

Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow

Donald J. Kochan

Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …