Social and Behavioral Sciences Commons^™

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …

Why Have Strong Legislative Acts Had Weak Economic Effects?, Douglas W. Mackenzie Ph.D.

Douglas W MacKenzie Ph.D.

Responses to the 2008 crisis were dramatic. Government officials enacted unprecedented acts of legislation and policies, with the intent of improving economic conditions. While measures taken to improve economic conditions were aggressive, the results of these measures have been disappointing. The aggressive and controversial nature of policy responses to the 2008 Crisis caused high levels of uncertainty about the public policy. There is correlation between levels of “economic policy uncertainty” and hiring of new employees. The statistical correlation between uncertainty and hiring is important in explaining the weak response of economic conditions to policies of the past eight years.

Destination-Based Cash-Flow Taxation: A Critical Appraisal, Wei Cui

Wei Cui

This Article offers the first comprehensive appraisal in both the legal and economic literatures of proposals for adopting destination-based cash flow taxation (DCFT) of multinational corporations. The DCFT was a key recommendation for reforming corporate taxation in the U.K., and has subsequently attracted wide attention as a way to fundamentally reform international taxation in the U.S., Europe and elsewhere. The core intuition of the DCFT is to tax profits earned by mobile capital by reference to immobile factors. I distinguish three versions of the DCFT for implementing this intuition: 1. formulary apportionment of business profits by reference to locations of …

Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio

Giancarlo Francesco Frosio

In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …

The Law And Economics Of Consumer Debt Collection And Its Regulation, Todd J. Zywicki

Todd J. Zywicki

This article reviews the law and economics of consumer debt collection and its regulation a topic that has taken on added urgency in light of the announcement by the Consumer Financial Protection Bureau that it is considering new regulations on the subject. Although stricter regulation of permissible debt collection practices can benefit those consumers who are in default and increase demand for credit by consumers, overly-restrictive regulation will result in higher interest rates and less access to credit for consumers, especially higher-risk consumers. Regulation of particular practices may also have the unintended consequence of providing incentives for creditors to more …

Institutional Fantasylands: From Scientific Management To Free Market Environmentalism, Peter S. Menell

Peter Menell

Exposes the utopian parallels between scientific management and free market environmentalism by exploring the limitations of an analytical framework. Outcomes of market-like processes; Expression of preferences through democratic processes; Failure to consider the endogeneity of preferences; Model of human nature; Endowment effects associated with allocation of ownership.

Tailoring Legal Protection For Computer Software, Peter S. Menell

Peter Menell

No abstract provided.

Private Value Determinations And The Potential Effect On The Future Of Research And Development, Amy L. Landers

Amy L. Landers

Although the promise of an emerging patent market is thought to provide future benefits to invention, innovation, and the public, this essay examines the possibility that the aggregate influence of this activity could instead destabilize patent values in a manner that mirrors the "bubble" phenomenon that occurred in certain markets in the past. To the extent that this occurs, this would destabilize the patent system and might have negative consequences for the future of investment in research, development and innovation.

Nature, Extent, Causes And Issues In Agricultural Distress, Srijit Mishra

Srijit Mishra

This paper explains the nature and extent of distress in Indian agriculture by analytically separating the issues therein into two interrelated domains—the agricultural and the agrarian—the former being about production and the latter about distribution; the former about the farm and the latter about the farmer; the former about the inadequacies and inappropriateness of the agricultural developmental programmes, and the latter about the livelihood of the people involved in or dependent upon agrarian activities. In this broader thinking farmers’ suicides and indebtedness become symptoms of a larger malaise. Drawing on our understanding of farmers’ suicides, we show some interrelated demand-side …

Exchange Rate 'Overshooting': An Empirical Study Of Bangladesh And India, Mohammad Ali Tareq, Fazle Rabbi

Fazle Rabbi

Exchange rates are difficult to forecast because the market is continually reacting to unexpected events or news. Even in the absence of any major news, exchange rates adjust through the day as foreign exchange dealers manage their inventories and respond to trades with others who may be better informed. The role of exchange rate changes in eliminating international trade imbalances suggests that we should expect countries with current trade surpluses to have an appreciating currency, whereas countries with trade deficits should have depreciating currencies. Such exchange rate changes would lead to changes in international relative prices that would work to …

Designing Survey Methods To Evaluate The Undeclared Economy: A Review Of The Options, Colin C. Williams

Colin C Williams

This Working Paper is part of the GREY project which is developing capacities and capabilities in tackling undeclared work. In this Working Paper, the various options available to researchers when designing surveys to tackle undeclared work are evaluated. These issues include the unit of analysis used, the data collection methodology, an array of questionnaire design issues (including the reference period, whether to define the phenomenon for participants, a direct versus gradual approach to sensitive issues, whether to do a supply- and/or demand-side survey; whether to examine the relationship between purchasers and sellers, how to discourage social desirability bias), sample size, …

Disparities In Empirical Welfare Measures: The Effects Of Time And Information , Jay Roger Corrigan

Jay R Corrigan

In a static setting, willingness to pay (WTP) for an increase in quantity or quality is simply equal to the compensating variation, a Hicksian welfare measure. Likewise, willingness to accept compensation in exchange (WTA) for a decrease in quantity or quality is equal to the equivalent variation. However, in a dynamic setting characterized by uncertainty, limited delay or reversal, and the potential for learning, these stated preference measures may also contain option values. Zhao and Kling (Economics Letters , 2001) use real options theory to explain the relationship between learning, irreversibility, and value formulation in a dynamic setting. In this …

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …

Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin

Patrick Martin

In February of 2011, Governor of Ohio John Kasich signed legislation that created JobsOhio. This has been a controversial program based on the method that it was implemented and some of the rules that govern the program.it. In November of 2013, ProgressOhio, a citizens advocacy group, challenged the constitutionality of the program but the suit was dismissed by the Ohio Supreme Court for lack of standing by the plaintiffs. There has been no court decision that adjudicates the program on the merits, only on the jurisdictional standing of a party to a suit that challenged the legislation. To date, only …

Greece's Banking Sector Options, Warren Coats

Warren Coats

A review of the new Greek government's choices in its negotiations with its creditors, with a focus on the banking sector.

Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges

Robert P Merges

No abstract provided.

Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke

Robert P Merges

No abstract provided.

On The Complex Economics Of Patent Scope, Robert P. Merges, Richard R. Nelson

Robert P Merges

No abstract provided.

The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez

Christopher McElwain

Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies by certain (foreign-dominated) technologies. …

David Hume On Monetary Policy: A Retrospective Approach, Maria Pia Paganelli

Maria Pia Paganelli

Monetary policy is a modern idea of which David Hume is generally considered a precursor. Moreover, thanks to Milton Friedman and Robert Lucas, he is often presented as one of the first and most illustrious endorser of monetarism. This paper argues against this view, and in agreement with Joseph Schumpeter, that Hume’s contribution to economics, while not insignificant, cannot claim any real novelties. It offers an interpretation of Hume as a descendant of a pre-modern understanding of money rather than a forerunner of modern monetary ideas, and as a scholar exposing common ideas of his time rather than a prophet …

The Causal Effect Of Market Priming On Trust: An Experimental Investigation Using Randomized Control, Omar Al-Ubaydli, Daniel Houser, John Nye, Maria Pia Paganelli, Xiaofei Sophia Pan

Maria Pia Paganelli

We report data from laboratory experiments where participants were primed using phrases related to markets and trade. Participants then participated in trust games with anonymous strangers. The decisions of primed participants are compared to those of a control group. We find evidence that priming for market participation affects positively the beliefs regarding the trustworthiness of anonymous strangers and increases trusting decisions.

Are Two Knaves Better Than One? Every Man A Knave: Hume, Buchanan, And Musgrave's View On Economics And Government, Andrew Farrant, Maria Pia Paganelli

Maria Pia Paganelli

It is commonplace to view market agents as self-interested knaves, while government agents are either as knaves or public-spirited angels. What are the consequences of these different motivational assumptions in modeling governmental and market behavior? We compare David Hume, James M. Buchanan, and Richard Musgrave. We claim that Hume, the only one thinking consistently in terms of the worst-case, offers a second best solution for both the government and the economy, which may turn out to be the best possible solution given human nature. Because of the reciprocal check, two knaves are better than one. More is preferred to less …

A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor

Jarrod Tudor

Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …

Discriminatory Internal Taxation In The European Union: The Power Of The European Court Of Justice To Limit The Tax Sovereignty Of Member-States Under Article 110 Of The Tfeu, Jarrod Tudor

Jarrod Tudor

Protectionism can come in a variety of methods including the use of internal taxation policies that discriminate against imports making those imports more expensive on the domestic market and thus favoring domestically-produced goods. Discriminatory taxation policies have been developed by member-states to mask protectionism by distinguishing products based on import status, product similarity, product life cycle, consumption, tax collection practices, transportation charges, and state aid. The Framers of the Treaty on the Functioning of the European Union (TFEU) wrote Article 110 with the objective in mind to prohibit internal taxation policies from discriminating against goods in made in other member-states. …

Sustainability And The Economics Of Embedded Values, Madhavi Venkatesan

Madhavi Venkatesan

Increasing global awareness of natural resource depletion, heightened weather-related volatility attributable to climate change, and the subsequent emergence of multi-disciplinary sustainability programs in higher education have pronounced the void in the explanatory discipline of economics to address the values that have yielded the economic and environmental outcomes observable in prevailing sustainability discussions. Economic theory, models, and analysis are central to a discussion of how individuals interact not only with one another but also with the environment. Further, the implicit inclusion of economics in the daily behavior of individuals and nations strongly influences the observations of global sustainability, including economic equity …

Some Basic Marxist Concepts To Understand Income Tax, John Passant

John Passant

The paper introduces readers to some basic Marxist concepts to give the building blocks for an alternative understanding of tax and perhaps even to inspire some to use these concepts and ideas in their future research. It argues that the tax system reflects the phenomena of wealth and income and that there is a deeper reality obscured and ignored by the income tax system as an outcrop of a capitalist system which does the same. This deeper reality is that capital exploits workers and that profit, rent, interest and the like are the money form of the unpaid labour of …

In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu

Shi-Ling Hsu

American agriculture is inexorably concentrating into the hands of a small number of large conglomerates. Expanding farms pursuing scale economies would also normally have to abide by a system of environmental and other laws that would, in theory, require farms to account for negative externalities. If those laws were observed and enforced, they would help strike a balance between the greater profitability and the larger externalities of larger farms. But these laws are not widely observed and not rigorously enforced, upsetting this balance and giving large-scale farms a cost advantage while insulating them from corresponding responsibilities.

Perhaps nowhere in agriculture …

Through The Lens Of Innovation, Mirit Eyal-Cohen

Mirit Eyal-Cohen

The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of innovation. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Innovation turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviations as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Using …

A Rationale For Meeting Quotas Asymmetrically, J. Patrick Meister, Robert S. Main

Robert S. Main

Under certain conditions, otherwise identical, competing firms may find it jointly preferable to face differing degrees of trade barriers on individual products rather than symmetric trade barriers. The key is the ability to reduce marginal production cost via research and development. The economic significance of this insight is that there could be a role for a market for quota allotments. This insight also has applications to Voluntary Export Restraints in which a priori symmetric, restricted firms may prefer to have individual production levels allocated asymmetrically. This indicates the need for detailed studies of how quotas are met by individual firms. …