Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Popular Press (13)
- Selected Professional Activities (5)
- Economics (4)
- Law and Economics (4)
- Liability (4)
-
- Corporations (3)
- Delaware Supreme Court (3)
- Environmental law (3)
- Good faith (3)
- Legal History (3)
- Antitrust (2)
- Climate change (2)
- Directors (2)
- Innovation (2)
- Intellectual property (2)
- Law and Society (2)
- Lyondell (2)
- Marginalism (2)
- Patents (2)
- Politics (2)
- ALEA (1)
- Access to medicine (1)
- Accounting (1)
- Adaptation (1)
- Algae (1)
- American Law and Economics Association (1)
- American legal system (1)
- Anita Bernstein (1)
- Anticompetitive (1)
- Arrow Theorem (1)
- Publication
-
- Kent Greenfield (21)
- All Faculty Scholarship (5)
- NYLS Law Review (4)
- Zygmunt J.B. Plater (4)
- Prof. Elizabeth Burleson (3)
-
- Christopher Wadlow (2)
- UC Irvine Law Review (2)
- Alfred C. Yen (1)
- Andrés Palacios Lleras (1)
- Cornell Law Faculty Publications (1)
- Edward Ivan Cueva (1)
- Faculty Scholarship (1)
- George D. Brown (1)
- James R. Repetti (1)
- Justin Schwartz (1)
- Péter Cserne (1)
- San Diego International Law Journal (1)
- Scholarly Works (1)
- Publication Type
- File Type
Articles 1 - 30 of 52
Full-Text Articles in Law and Economics
La Voluntad En Los Contratos De Adhesión: Sociología Y Crítica Jurídica, Con Énfasis En El Análisis Económico Del Derecho / The Consent Theory Critique And Standard Form Contracts In Civil Law (With Special Reference To Law And Economics), Andres Palacios Lleras
Andrés Palacios Lleras
El presente artículo tiene como propósito sugerir los elementos básicos para (re)construir una doctrina diferente sobre la interpretación de los contratos de adhesión en Colombia, basada en las ideas de Josserand y en literatura contemporánea sobre análisis económico del derecho. La tesis que se argumenta sugiere que dichos contratos deben interpretarse teniendo en mente tanto las característias cognitivas de los adherentes, como el desequilirio de poder negocial que subyace su relación con los oferentes, y sugiere que las normas potestativas sólo puedan ser cambiadas a favor de la parte adherente.
The purpose of this paper is to explore the connections …
The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown
The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown
George D. Brown
The federal gratuities statute, 18 USC § 201(c), continues to be a source of confusion and contention. The confusion stems largely from problems of draftsmanship within the statute, as well as uncertainty concerning the relationship of the gratuities offense to bribery. Both offenses are contained in the same statute; the former is often seen as a lesser-included offense variety of the latter. The controversy stems from broader concerns about whether the receipt of gratuities by public officials, even from those they regulate, should be a crime. The argument that such conduct should not be criminalized can be traced to, and …
The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield
The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield
Kent Greenfield
No abstract provided.
The Place Of Workers In Corporate Law, Kent Greenfield
The Place Of Workers In Corporate Law, Kent Greenfield
Kent Greenfield
This article critiques the low place of workers within corporate law doctrine. Corporate law, as it is traditionally taught, is primarily about shareholders, boards of directors, and managers, and the relationships among them. This is despite the fact that workers provide an essential input to a corporation's productive activities, and that the success of the business enterprise quite often turns on the success of the relationship between the corporation and those who are employed by it. Black letter corporate law requires directors to place the interests of shareholders above the interests of all other "stakeholders," including workers. This article analyzes …
Moderator, Secularism, Islam, And Democracy, Kent Greenfield
Moderator, Secularism, Islam, And Democracy, Kent Greenfield
Kent Greenfield
No abstract provided.
The Herman Cain Blame Game, Kent Greenfield
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Alfred C. Yen
In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
James R. Repetti
The U.S. tax system contains many provisions which are intended to align management of large publicly traded companies more closely to stockholders. This article shows that many of the tax provisions that have been adopted are of questionable effectiveness because they fail to address the complexities of stockholder-management relations in attempting to motivate management to act in the best interests of stockholders. The article proposes that rather than Congress attempting to identify the best way that it can use the tax system to motivate management, Congress should eliminate tax provisions which subsidize management's inefficiencies in order to encourage stockholders, themselves, …
Endangered Species Act Lessons Over 30 Years, And The Legacy Of The Snail Darter, A Small Fish In A Pork Barrel, Zygmunt J.B. Plater
Endangered Species Act Lessons Over 30 Years, And The Legacy Of The Snail Darter, A Small Fish In A Pork Barrel, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Why is it – amidst the flood of environmental statutes that poured into the law books and national consciousness in the remarkable decade of the 1970s – that the Endangered Species Act of 1973 (ESA) stands out as quite uniquely different? This Essay briefly surveys the ESA’s differentness, its special political context, the citizen suit of great notoriety that fired up the ESA’s political hotseat back in 1975, and what has changed and what has not in the years since that first eco-legal outburst.
Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater
Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The day-to-day realities of different systems of government can be discerned in the way they handle, in theory and practice, clashes between the individual and the collective will. The structure of contemporary American democracy is no exception. It is comprised of a variegated assortment of judicial formulae for balancing the interests of the individual and the state, most of these formulae tracing back with differing degrees of directness to textual bases in the first nine amendments to the federal Constitution or their state constitutional equivalents. One of these basic structural balancings, encountered early on by every student of American law …
Facing A Time Of Counter-Revolution: The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
Facing A Time Of Counter-Revolution: The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The Kepone contamination episode of 1966-75 was a milestone that focused an entire nation’s attention on environmental hazards and our need to do better in recognizing and avoiding them. We have learned a great deal from that unfortunate story. The evolution of American environmental law since the Kepone debacle has repeatedly used the incident as a touchstone in identifying environmental pollution’s causes, effects, and potential solutions. This essay offers four propositions, about two things that have changed, and two things that have not, in the years since Kepone, taking account of where we are, and seeking some points of consensus.
The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater
The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater
Zygmunt J.B. Plater
How does one evaluate the important public values and impacts of things that do not have a market price and then integrate them into the fabric of our system of social governance? That question lies within most or all of Joseph Sax's work over the years. The first part of this article represents an attempt to distill some of Joseph Sax's intellectual dimensions, beyond those already chronicled in the comments of other contributors to this symposium, with some linked themes and observations drawn from Sax beyond his writings. The second part, instigated by several of Sax's articles, presents "The Three …
The Genius Of Roman Law From A Law And Economics Perspective, Juan Javier Del Granado
The Genius Of Roman Law From A Law And Economics Perspective, Juan Javier Del Granado
San Diego International Law Journal
The Article is organized as follows: The first part of this Article will introduce Roman private law, and sketch out the law and economics methodology to be applied to the Roman classical system. The second part of this Article will discuss the Roman private law of property, obligations, as well as commerce and finance. The third part will discuss the interaction of private law and private morality in the construction of Roman social order. The fourth part of this Article will discuss private procedural aspects of the Roman legal system. The fifth and final part of this Article will discuss …
Interview With Professor Kent Greenfield About His Book “The Myth Of Choice: Personal Responsibility In A World Of Limits”, Kent Greenfield
Interview With Professor Kent Greenfield About His Book “The Myth Of Choice: Personal Responsibility In A World Of Limits”, Kent Greenfield
Kent Greenfield
Professor Kent Greenfield’s newest release, The Myth of Choice: Personal Responsibility in a World of Limits (Yale University Press), is a broad-reaching view of the dynamics of choice.
Greenfield’s book begins with his knowledge of law and then ranges widely, tapping areas as diverse as sociology, the study of brain activity, and religious freedoms. He draws on scholarly commentary, news reports, political research polls and his own life decisions to complete the picture of choice and its many dimensions. Examining choice and its influence on public policy and legal theory, The Myth of Choice serves as a catalyst to challenge …
When Kids Are Left In Cars: Blame The Brain, Kent Greenfield
When Kids Are Left In Cars: Blame The Brain, Kent Greenfield
Kent Greenfield
No abstract provided.
Constitution Day, Happy Illegal Holiday!, Kent Greenfield
Constitution Day, Happy Illegal Holiday!, Kent Greenfield
Kent Greenfield
No abstract provided.
Law As Economy: Convention, Corporation, Currency, Ritu Birla
Law As Economy: Convention, Corporation, Currency, Ritu Birla
UC Irvine Law Review
No abstract provided.
Money In The 1890s: The Circulation Of Politics, Economics, And Law, Roy Kreitner
Money In The 1890s: The Circulation Of Politics, Economics, And Law, Roy Kreitner
UC Irvine Law Review
No abstract provided.
The Debt Ceiling Impasse: It's Madison's Fault, Kent Greenfield
The Debt Ceiling Impasse: It's Madison's Fault, Kent Greenfield
Kent Greenfield
No abstract provided.
The Marginalist Revolution In Corporate Finance: 1880-1965, Herbert J. Hovenkamp
The Marginalist Revolution In Corporate Finance: 1880-1965, Herbert J. Hovenkamp
All Faculty Scholarship
During the late nineteenth and early twentieth centuries fundamental changes in economic thought revolutionized the theory of corporate finance, leading to changes in its legal regulation. The changes were massive, and this branch of financial analysis and law became virtually unrecognizable to those who had practiced it earlier. The source of this revision was the marginalist, or neoclassical, revolution in economic thought. The classical theory had seen corporate finance as an historical, relatively self-executing inquiry based on the classical theory of value and administered by common law courts. By contrast, neoclassical value theory was forward looking and as a result …
Rudolf Callmann And The Misappropriation Doctrine In The Common Law Of Unfair Competition, Christopher Wadlow
Rudolf Callmann And The Misappropriation Doctrine In The Common Law Of Unfair Competition, Christopher Wadlow
Christopher Wadlow
Rudolf Callmann (1892-1976) is a central figure for unfair competition lawyers in both the German civil law and the Anglo-American common law traditions. When he emigrated from Germany to America in the 1930s he was already the author of substantial works on trade marks, unfair competition, and cartel law. In the United States he composed the monumental Callmann on Unfair Competition, Trademarks and Monopolies. This article examines his invocation of the 1918 decision of the Supreme Court in International News Service v Associated Press as the basis for a reformulated common law of unfair competition, eschewing a purely tortious conception …
A Preface To Neoclassical Legal Thought, Herbert J. Hovenkamp
A Preface To Neoclassical Legal Thought, Herbert J. Hovenkamp
All Faculty Scholarship
Most legal historians speak of the period following classical legal thought as “progressive legal thought.” That term creates an unwarranted bias in characterization, however, creating the impression that conservatives clung to an obsolete “classical” ideology, when in fact they were in many ways just as revisionist as the progressives legal thinkers whom they critiqued. The Progressives and New Deal thinkers whom we identify with progressive legal thought were nearly all neoclassical, or marginalist, in their economics, but it is hardly true that all marginalists were progressives. For example, the lawyers and policy makers in the corporate finance battles of the …
Reforming Limited Liability Law, Kent Greenfield
Reforming Limited Liability Law, Kent Greenfield
Kent Greenfield
No abstract provided.
The "Sweat Lodge Guru" Guilty Verdict: Recognizing The Deadly Influence Of Authority, Kent Greenfield
The "Sweat Lodge Guru" Guilty Verdict: Recognizing The Deadly Influence Of Authority, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, Beyond The Quarterly Report: Managing Risk And Creating Long-Term Value Through Corporate Responsibility, Kent Greenfield
Panelist, Beyond The Quarterly Report: Managing Risk And Creating Long-Term Value Through Corporate Responsibility, Kent Greenfield
Kent Greenfield
No abstract provided.
Moderator, Globalization, Corporate Accountability, And The Courts, Kent Greenfield
Moderator, Globalization, Corporate Accountability, And The Courts, Kent Greenfield
Kent Greenfield
Moderated panel of scholars and practitioners on the corporate exposure to tort liability for involvement in human rights violations.
France And Belgium Have Banned The Burqa. Should America Follow Suit?, Kent Greenfield
France And Belgium Have Banned The Burqa. Should America Follow Suit?, Kent Greenfield
Kent Greenfield
No abstract provided.
Obama, Libya, And Executive Power, Kent Greenfield
Obama, Libya, And Executive Power, Kent Greenfield
Kent Greenfield
No abstract provided.
12 Laws Tea Partiers Would Repeal If They Could, Kent Greenfield
12 Laws Tea Partiers Would Repeal If They Could, Kent Greenfield
Kent Greenfield
No abstract provided.
Moderator, The Sustainable Corporation, Kent Greenfield
Moderator, The Sustainable Corporation, Kent Greenfield
Kent Greenfield
Co-organized (and moderated a panel during) an international conference on corporate law and sustainability, held at Wake Forest Law School.