Social and Behavioral Sciences Commons^™

The Underutilized Foreign Investor, Griffin Weaver

Griffin Weaver

No abstract provided.

How To Create American Manufacturing Jobs, John D. Gleissner Esquire

John D Gleissner Esquire

No abstract provided.

A Beautiful Life: Some Lessons For Legal Scholars, F.E. Guerra-Pujol

F.E. Guerra-Pujol

The author reviews Jeremy Adelman's biography of Albert O. Hirschman (Adelman, Worldly Philosopher: The Odyssey of Albert O. Hirschman, Princeton University Press, 2013). In particular, the author considers three episodes in Hirschman's life that not only expose the secret life of the scholar but also offer important lessons about law and legal scholarship generally.

Will The Income-Based Repayment Program Enable Law Schools To Continue To Provide "Harvard-Style" Legal Education?, Greg Crespi

Greg Crespi

Legal education provided in the prevailing “Harvard-style” now costs students on average between $160,000 and $250,000 for their three years of study, the precise amount depending on the law school attended, the alternative employment opportunities foregone, and the amount of scholarship assistance provided. However, the median starting salary for full-time, entry-level legal positions has declined in recent years to only $60,000/year, and upwards of 45% of recent law graduates are now unable to obtain full-time legal employment, and this dismal employment situation is unlikely to significantly improve over the next few years. While the attractive job opportunities still available to …

The Lawyer Rent-Seeker Myth And Public Policy, Teresa J. Schmid

Teresa J Schmid

ABSTRACT Two enduring fallacies in public policy are that lawyers are rent seekers who impair rather than stimulate the economy, and that there are too many of them. While lawyers may disagree with the first premise, they tacitly accept the second. These two fallacies have led leaders in both the political and professional arenas to adopt policies that impair access to justice. This study documents the negative effects of those policies and recommends courses of action to reverse those effects.

Waging War On Specialty Pharmaceutical Tiering In Pharmacy Benefit Design, Chad I. Brooker

Chad I Brooker

Specialty drugs represent a growing concern for both health insurance issuers and beneficiaries given their exceedingly high (and growing) costs—representing almost half of all drug spend by 2017. Payers have sought to reduce their specialty drug spend by sharing more of the cost of these drugs with the beneficiaries who depend on them through the creation of specialty drug tiers. This has forced some patients to choose between forgoing other needs to pay for their medications or not take them at all. While several states have sought to outlaw the use of specialty drug tiers or limit pharmaceutical OOP cost-sharing, …

Patent Trolls Among Us, Kent R. Acheson

Kent R Acheson

As Acheson (2012) suggested in A Study of the Need to Change United States Patent Policy, software should not be patented, but the Intellectual Property Rights should be protected in another manner that does not entail a Copyright, Trademark, or secrecy. A new form of protection should be created based on certain criteria, such as useful life of a patent, incremental innovation, value to society, and or value to life.

Valuing Mom & Dad: Calculating Loss Of Parental Nurture In A Wrongful Death Action, Andrew J. Laurila

Andrew J. Laurila

No abstract provided.

Critical Tax Policy: A Pathway To Reform?, Nancy J. Knauer

Nancy J. Knauer

The Global Recession of 2008 and ensuing austerity measures have renewed the urgency surrounding the call for fundamental tax reform. Before embarking on fundamental tax reform, this Article proposes adding a critical lens to existing US tax policy to ensure that any proposals for change are informed, transparent, and responsive to the needs (and abilities) of individual taxpayers. This Article makes the case for a specific method of inquiry – Critical Tax Policy – that is built on the articulation of difference rather than false assumptions of sameness. Critical Tax Policy incorporates the insights of a growing international tax equity …

The Economy Rules: An Analysis Of The Ever-Shifting Portrayal Of Attorneys In Popular Culture, Neely M. Peden

Neely M Peden

There has most definitely been a shift in the view of elite professionals within modern pop culture. Attorneys especially have come to face “anti-establishment” movement by popular culture. Those professions which used to be revered are now examples of ill-morals and ill-behavior. Indeed, popular culture goes out of its way to make villains out of attorneys by showing unprincipled characters in legal television shows or by churning out movies that revolve around attorneys whose lives and morals are so corrupt that they need to go through some sort of personal tragedy to be redeemed. It is this paper’s contention that …

What’S Age Got To Do With It? Supreme Court Appointees And The Long Run Location Of The Supreme Court Median Justice, Matthew L. Spitzer

Matthew L Spitzer

For approximately the past 40 years Republican Presidents have appointed younger Justices than have Democratic Presidents. Depending on how one does the accounting, the average age difference will vary, but will not go away. This Article posits that Republicans appointing younger justices than Democrats may have caused a rightward shift in the Supreme Court. We use computer simulations to show that if the trend continues the rightward shift will likely increase. We also to produce some very rough estimates of the size of the ideological shift, contingent on the size of the age differential. In addition, we show that the …

Rescuing Access To Patented Essential Medicines: Pharmaceutical Companies As Tortfeasors Under The Prevented Rescue Tort Theory, Richard Cameron Gower

Richard Cameron Gower

Despite some difficulties, state tort law can be argued to create a unique exception to patent law. Specifically, the prevented rescue doctrine suggests that charities and others can circumvent patents on certain critical medications when such actions are necessary to save individuals from death or serious harm. Although this Article finds that the prevented rescue tort doctrines is preempted by federal patent law, all hope is not lost. A federal substantive due process claim may be brought that uses the common law to demonstrate a fundamental right that has long been protected by our Nation’s legal traditions. Moreover, this Article …

Transaction Cost-Benefit Analysis, With Applications To Financial Regulation, D. Bruce Johnsen

D. Bruce Johnsen

As Coase convincingly showed, transaction costs inhibit the ability of market participants to achieve first-best outcomes. This paper proposes a novel and relatively simple alternative to traditional cost-benefit analysis when regulated parties face sufficiently low transaction costs that they can bargain directly or rely on competitive markets to set efficient terms of trade. In these settings, the only informational burdens financial market regulators need bear to assess corrective rules is to identify the relevant parties, the “good” they hope to exchange, and the transaction costs that inhibit them from maximizing joint gains from trade. A rule is justified only if …

The Stock Market Reaction To Class Action Filings Post Pslra, Mark S. Klock

Mark S Klock

Using a substantially larger sample than has been used before, and a sample that includes the Great Financial Crisis and its ensuing recession, I investigate the stock market reaction to securities class action filings following the enactment of the Private Securities Litigation Reform Act through the first quarter of 2012. I find that on average, even after adjusting for market downturns, there is a statistically significant negative abnormal return at the time of filing. There is also a statistically significant negative abnormal return during the weeks preceding the filing indicating that the market partially, but not fully, anticipates these filings. …

Copyright Freeconomics, John M. Newman

John M. Newman

Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster’s rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate, still ongoing, among scholars and stakeholders—but this debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering licit content at a price of $0.

This sea change has ushered in an era of “copyright freeconomics.” Drawing on an emerging body …

Debating Law's Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema

Steven G Medema

The paper examines the treatment of the Coase theorem by legal scholars during the 1960s. The analysis demonstrates that it was legal scholars, rather than economists, who took the lead in applying Coase's negotiation result in the legal realm and that the early diffusion of Coase's result in the legal literature is anything but a "Chicago" story. We also observe that legal scholars were interesting in examining the applicability of Coase's result across a wide range of legal issues and, in contrast to economists, who were preoccupied with the efficiency predication of Coase's result, tended to focus on Coase's invariance …

Regulatory Takings: Survey Of A Constitutional Culture, James Valvo

James Valvo

Fifth Amendment property protections under the Takings Clause have grown increasingly contentious as governing entities have used regulations to limit what property owners can do with their land. This paper profiles regulatory takings jurisprudence from Pennsylvania Coal, to Penn Central, to Nollan and Dolan, and Tahoe-Sierra. The paper also examines conceptual constructs that have shaped the field’s evolution, including: the doctrine’s origin, the nuisance exception, the changed circumstances argument, unconstitutional conditions, temporary takings and the denominator problem.

Vertical Drain Consolidation With Piecewise Linear Surcharge And Vacuum, Rohan Walker

Faculty of Engineering and Information Sciences - Papers: Part A

Maintaining the simplicity of Hansbo's (1981) solution, this paper presents radial consolidation equations that capture some of the versatility of more complex analytical solutions. Material and geometry properties may vary piecewise-constant with time while loading/unloading, both surcharge and vacuum, may vary piecewise-linear with time. The new equations are easily implemented in a spreadsheet or computer program providing a simple yet versatile tool for analysis of consolidation problems dominated by radial drainage. Computer code for implementing the new approach in Microsoft Excel is provided

Abbott: Istep+ Scores — It Depends On How You Look At Them, Jeff Abbott

Jeff Abbott

This paper uses control charts and trend lines to suggest that Indiana teachers may be doing a better job educating Indiana students than policy makers think.

Bon Appetit-Philadelphia Style, Daniel G. Kipnis

The Selected Works of Dan Kipnis

Cheese steaks are the gastronomic icons of Philadelphia, but the City of Brotherly love is also the home of water ice, soft pretzels, and TastyKakes. Philadelphia has recently experienced a culinary revolution with world-class restaurants tantalizing locals and tourists. With a population of approximately 1.5 million Philadelphians, finding delicious meals is very easy and starting January 2007 all restaurants are non-smoking!

To help MLA attendees navigate the plethora of dining establishments in the City of Brotherly Love, this brief overview will offer a variety of categories based on different eating criteria.

Making A Mountain Out Of A Molehill: A Law And Economics Defense Of Same-Sex Foster Care Adoptions, Richard R. Bradley

Richard R Bradley

No abstract provided.

Template Letter For Permissions Request - On Behalf Of An Author, Marilyn S. Billings

Marilyn S. Billings

No abstract provided.

Template Letter For Permissions Request - Author, Marilyn S. Billings

Marilyn S. Billings

No abstract provided.

Template Letter For Permissions Request - Department, Marilyn S. Billings

Marilyn S. Billings

No abstract provided.

Template Letter For Permissions Request - Department, Marilyn S. Billings

University Libraries Publication Series

No abstract provided.

Template Letter For Permissions Request - On Behalf Of An Author, Marilyn S. Billings

University Libraries Publication Series

No abstract provided.

Code Guide To Final-Passage Dataset, 1947-1990, David R. Mayhew

David Mayhew

No abstract provided.

Slrf Presentation Overheads.Rtf, Andreas Schramm

Andreas Schramm

Industrial Policy And The States: How Will They Pay?, Roy W. Bahl

ECON Publications

The success of any national industrial policy will depend heavily on the participation of state and local governments. Yet the financial implications for states and localities are almost overlooked in the discussion about national industrial policy. In this article, I consider the ways state and local governments might be involved in industrial policy, either as autonomous actors or as partners in a coordinated national policy; and I discuss constraints and competing demands on the resources to which state and local governments would turn to support their participation in such policies. Finally, I suggest a general policy framework for state and …