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Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. McCall 2015 University of Oklahoma College of Law

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


Talking Points, Alex Stein, Jef De Mot 2015 SelectedWorks

Talking Points, Alex Stein, Jef De Mot

Alex Stein

Our civil liability system affords numerous defenses against every single violation of the law. Against every single claim raised by the plaintiff, the defendant can assert two or more defenses each of which gives him an opportunity to win the case. As a result, when a court erroneously strikes out a meritorious defense, it might still keep the defendant out of harm’s way by granting him another defense. Rightful plaintiffs, on the other hand, must convince the court to deny each and every defense asserted by the defendant. Any rate of adjudicative errors—random and completely unbiased—consequently increases ...


Inefficient Evidence, Alex Stein 2015 SelectedWorks

Inefficient Evidence, Alex Stein

Alex Stein

Why set up evidentiary rules rather than allow factfinders to make decisions by considering all relevant evidence? This fundamental question has been the subject of unresolved controversy among scholars and policymakers since it was raised by Bentham at the beginning of the nineteenth century. This Article offers a surprisingly straightforward answer: An economically minded legal system must suppress all evidence that brings along a negative productivity-expense balance and is therefore inefficient. Failure to suppress inefficient evidence will result in serious diseconomies of scale. To operationalize this idea, I introduce a “signal-to-noise” method borrowed from statistics, science, and engineering. This method ...


Re-Envisioning Investors’ Anti-Director Rights Index: Theory, Criticism, And Implications, Sang Yop Kang 2015 SelectedWorks

Re-Envisioning Investors’ Anti-Director Rights Index: Theory, Criticism, And Implications, Sang Yop Kang

Sang Yop Kang

‘Law and Finance’ theory – which offers analytical frameworks to measure the protection of public investors and the quality of corporate governance – has dominated the comparative corporate governance scholarship in the last decade. So far, many proponents and critics have had debates on the relevance of the theory and the implications of the theory’s empirical studies. Several important points in relation to shareholder protection, however, have been highly neglected in these debates. In particular, the significance of one-share-one-vote (OSOV) rule has been inappropriately underestimated. In response, this Article explores (1) why OSOV is an utmost critical component in corporate governance ...


The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers 2015 Drexel University Thomas R. Kline School of Law

The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers

Amy L. Landers

The controversy surrounding the current implementation of the patent system is well known. Some question whether the system has become entirely dysfunctional and disincentives innovation, particularly as the law operates within some industries. Moreover, early stage companies, particularly those just beginning to gain success, are particularly vulnerable targets for lawsuits. Notably, these same companies can be rich sources of important technological innovation.

Because the U.S. has always had a patent system, it is impossible to understand the intended and unintended consequences of eliminating this form of intellectual property protection even in a limited manner. As economist Fritz Machlup stated ...


Would The Implementation Of The Un Crpd Help The Disabilities Enjoy Fair Human Rights In The Us?, Ashley H. Song Ms. 2015 University of Pennsylvania

Would The Implementation Of The Un Crpd Help The Disabilities Enjoy Fair Human Rights In The Us?, Ashley H. Song Ms.

Hyein Ashley Song Ms.

Modern discrimination is implicit. The paper finds out the implicit discrimination which comes from the mindset. So called, the ‘cognitive discrimination’ excludes the explicit discrimination prohibited by the legal language of the anti-discrimination law in the US. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Article 12 states the fair recognition of disabilities. The paper tests if the UN CRPD can extend its meaning of fair recognition to reduce the hidden prejudice.


Reconstructing The Taiwanese Rule On Pure Economic Loss: Establishing A General Standard For Recovery For Pure Economic Loss In Unintentional Torts, Wen-Hsuan Yang 2014 Maurer School of Law: Indiana University

Reconstructing The Taiwanese Rule On Pure Economic Loss: Establishing A General Standard For Recovery For Pure Economic Loss In Unintentional Torts, Wen-Hsuan Yang

Theses and Dissertations

An important issue in Taiwan today is whether pure economic loss can be recovered as a right under the former part of first paragraph of Article 184 in Civil Code of Taiwan, thereby making it recoverable in unintentional torts. Contrary to most scholars in Taiwan, this Thesis argues that 1) pure economic loss should be a recognizable harm under the former part of first paragraph of Article 184; and 2) economic loss should be considered on a category-by-category basis, rather than the traditional all-or-none basis presently used in Taiwan.

Traditionally, two arguments are made against recovery for pure economic loss ...


The Community Value Of A Life, David E. DePianto, Robert D. Cooter 2014 Berkeley Law

The Community Value Of A Life, David E. Depianto, Robert D. Cooter

Law & Economics Workshop

Abstract:

Individuals and communities make choices affecting the risk of accidental death. Individuals balance risk and cost in market choices, and communities develop social norms prescribing how much risk people may impose on others (and, in some instances, on themselves). In both cases, the balance between risk and the cost of reducing it implies a value of a statistical life or “VSL.” Applying this novel distinction to the existing VSL literature, we find that community VSLs are significantly smaller in magnitude than market values: whereas market VSLs average roughly $7 million, community VSLs—those based on socially approved behaviors—average ...


Grand Anse Declaration: Can The Caribbean Community Realistically Integrate Intraregional Trade And Production Within The Confines Of The Caricom Treaty By 1993?, C. Ray Miskelley 2014 University of Georgia School of Law

Grand Anse Declaration: Can The Caribbean Community Realistically Integrate Intraregional Trade And Production Within The Confines Of The Caricom Treaty By 1993?, C. Ray Miskelley

Georgia Journal of International & Comparative Law

No abstract provided.


Informal Sanctions On Prosecutors And Defendants And The Disposition Of Criminal Cases, Andrew F. Daughety, Jennifer F. Reinganum 2014 Berkeley Law

Informal Sanctions On Prosecutors And Defendants And The Disposition Of Criminal Cases, Andrew F. Daughety, Jennifer F. Reinganum

Law & Economics Workshop

No abstract provided.


The Cost Of Protectionism: Should The Law Favor Producers Or Consumers?, Robert W. McGee 2014 University of Georgia School of Law

The Cost Of Protectionism: Should The Law Favor Producers Or Consumers?, Robert W. Mcgee

Georgia Journal of International & Comparative Law

No abstract provided.


China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack 2014 University of Georgia School of Law

China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack

Georgia Journal of International & Comparative Law

No abstract provided.


The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum 2014 University of Georgia School of Law

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.


The Plight Of Modern Markets: How Universal Banking Undermines Capital Markets, Carolyn Sissoko 2014 BLR

The Plight Of Modern Markets: How Universal Banking Undermines Capital Markets, Carolyn Sissoko

University of Southern California Legal Studies Working Paper Series

This paper explains the process of competitive deregulation that led both the U.S. and the U.K. to embrace universal banking and to abandon the functional separation of financial activities that had long characterized their financial systems. The paper argues that only a few rare voices in the debate over universal banking that started in the late-1970s and continued for over a decade understood what was truly at stake. The principal argument in favor of separation, then as now, was that the commercial banking system, which is supported by a government “safety net,” needs to be protected from the ...


Delaware’S Familiarity, Brian J. Broughman, Darian M. Ibrahim 2014 College of William & Mary Law School

Delaware’S Familiarity, Brian J. Broughman, Darian M. Ibrahim

Popular Media

No abstract provided.


The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris 2014 University of Georgia School of Law

The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community - Environmental Policy - Economic And Fiscal Instruments - Report Of The Working Group Of Experts From The Member States Proposes The Use Of Economic And Fiscal Instruments To Attain Community-Wide Environmental Goals, John B. Nicholson 2014 University of Georgia School of Law

European Economic Community - Environmental Policy - Economic And Fiscal Instruments - Report Of The Working Group Of Experts From The Member States Proposes The Use Of Economic And Fiscal Instruments To Attain Community-Wide Environmental Goals, John B. Nicholson

Georgia Journal of International & Comparative Law

No abstract provided.


Ec Company Law - The European Company V. The European Economic Interest Grouping And The Harmonization Of The National Company Laws, Johan de Bruycker 2014 University of Georgia School of Law

Ec Company Law - The European Company V. The European Economic Interest Grouping And The Harmonization Of The National Company Laws, Johan De Bruycker

Georgia Journal of International & Comparative Law

No abstract provided.


German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson 2014 University of Georgia School of Law

German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson

Georgia Journal of International & Comparative Law

No abstract provided.


Price Caps In Multi-Price Markets, Oren Bar-Gill 2014 Berkeley Law

Price Caps In Multi-Price Markets, Oren Bar-Gill

Law & Economics Workshop

No abstract provided.


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