Open Access. Powered by Scholars. Published by Universities.®

Law and Economics Commons

Open Access. Powered by Scholars. Published by Universities.®

6114 Full-Text Articles 3263 Authors 2149374 Downloads 115 Institutions

All Articles in Law and Economics

Faceted Search

6114 full-text articles. Page 1 of 157.

Are They Pirates Or Pioneers?, Ashley Song 2017 University of Pennsylvania (2012)

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt 2017 Berkeley Law

"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt

Law, Economics, & Business Workshop

No abstract provided.


Inducing Negligence, Ariel Porat 2017 Tel Aviv University

Inducing Negligence, Ariel Porat

Law, Economics, & Business Workshop

No abstract provided.


Annals Of International Studies (Annales D'9tudes Internationales)., Josef Rohlik 2017 St. Louis University

Annals Of International Studies (Annales D'9tudes Internationales)., Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Has The Academy Led Patent Law Astray?, Jonathan M. Barnett 2017 University of Southern California

Has The Academy Led Patent Law Astray?, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly commentary widely asserts that technology markets suffer from a triplet of adverse effects arising from the strong patent regime associated with the establishment of the Court of Appeals for the Federal Circuit in 1982: “patent thickets” that burden innovation with transaction and litigation costs; “patent holdup” resulting in excessive payouts to opportunistic patent holders; and “royalty stacking” resulting in exorbitant patent licensing fees. Together these effects purportedly depress innovation and inflate prices for end-users. These repeated assertions are inconsistent with the continuing robust output, declining prices and rapid innovation observed in the most patent-intensive technology markets during the more ...


Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School of Law 2017 Roger Williams University

Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Regulating Complacency: Human Limitations And Legal Efficacy, Steven L. Schwarcz 2017 Duke Law School

Regulating Complacency: Human Limitations And Legal Efficacy, Steven L. Schwarcz

Faculty Scholarship

This article examines how insights about limited human rationality can improve financial regulation. The article identifies four applicable categories of limitations: herd behavior, cognitive biases, overreliance on heuristics, and a proclivity to panic. Requiring more robust disclosure and due diligence can help to correct the misleading information cascades that motivate herd behavior. Debiasing through law by requiring more concrete and dramatic disclosure of critical consequences can help to correct cognitive biases. Requiring firms to engage in more self-aware operational risk management and reporting can reduce the likelihood that parties will overrely on heuristics. And legislating backstop market liquidity and other ...


De Jure And De Facto Institutions – Disentangling The Interrelationships, Jacek Lewkowicz, Katarzyna Metelska-Szaniawska 2016 University of Warsaw

De Jure And De Facto Institutions – Disentangling The Interrelationships, Jacek Lewkowicz, Katarzyna Metelska-Szaniawska

The Latin American and Iberian Journal of Law and Economics

In this paper we contribute to the debate on the nature of institutions and their economic effects by extending the focus to the de jure de facto institutional distinction. Firstly, we define and conceptualize de facto institutions, as well as elaborate on their place in the broad institutional system and identification. Then we investigate the possible interrelationships between de facto and de jure institutions. Finally, we make a link between these interrelationships and economic outcomes. In this way the paper fills an underexploited niche in institutional research, which is a major background for law and economics.

Resumen

En este trabajo ...


Unobserved Heterogeneity, Experience Rating, And Insurance Demand, Levon Barseghyan, Francesca Molinari, Darcy Steeg Morris, Joshua C. Teitelbaum 2016 Cornell University

Unobserved Heterogeneity, Experience Rating, And Insurance Demand, Levon Barseghyan, Francesca Molinari, Darcy Steeg Morris, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Using data on claims experience in auto and home insurance, we estimate the variance-covariance matrix of unobserved heterogeneity in claim risk and explore how the demand for coverage would respond to multiline experience rating under different theories of risky choice. Our analysis sheds light on the potential for unpriced heterogeneity to distort the demand for insurance.


Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros 2016 University of Georgia School of Law

Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros

Georgia Journal of International & Comparative Law

No abstract provided.


The Law Of The Test: Performance-Based Regulation And Diesel Emissions Control, Cary Coglianese, Jennifer Nash 2016 University of Pennsylvania Law School

The Law Of The Test: Performance-Based Regulation And Diesel Emissions Control, Cary Coglianese, Jennifer Nash

Faculty Scholarship

The Volkswagen diesel emissions scandal of 2015 not only pushed that company’s stock and retail sales into freefall, but also raised serious questions about the efficacy of existing regulatory controls. The same furtive actions taken by Volkswagen had been taken nearly twenty years earlier by other firms in the diesel industry. In that previous scandal, the U.S. Environmental Protection Agency (EPA) discovered that diesel truck engine manufacturers had, like Volkswagen would later do, programmed on-board computers to calibrate their engines one way to satisfy the required emissions test. Those manufacturers had also programmed the on-board computers to re-calibrate ...


Nuisance Law Versus Tort Law.: A Law And Economics Prespective Of The Italian Legal System, enrico baffi, dario nardi 2016 Università Guglielmo Marconi

Nuisance Law Versus Tort Law.: A Law And Economics Prespective Of The Italian Legal System, Enrico Baffi, Dario Nardi

enrico baffi

The aim of this paper is to formulate an economic explanation for the presence in the Italian legal system of two distinct categories of liability rules, represented by Nuisance Law and Tort Law. The conclusions, which are based on the Italian legal system, can easily be extended to other legal systems. More precisely, we will examine in detail aspects of Nuisance Law with particular reference to situations in which the high transaction costs prevent negotiation between the injurer and the victim. From the study carried out it appears that limiting indemnity in nuisance cases can be efficient in that it ...


Environmental Risk And The Traditional Sector Approach: Market Efficiency At The Core Of Environmental Law, John Martin Gillroy 2016 University of New Hampshire

Environmental Risk And The Traditional Sector Approach: Market Efficiency At The Core Of Environmental Law, John Martin Gillroy

RISK: Health, Safety & Environment

Professor Gillroy provides an in-depth discussion on the evolution of environmental law and the proposition that market efficiency has been, and still is, at its core.


The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia 2016 University of Wollongong

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia

Dr Gabriel Garcia

After the onset of the Asian Financial Crisis, the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries, they have disentangled themselves from the conditionality of the International Monetary Fund (IMF) and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. The article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF’s influence and explores the potential consequences of the rise of middle-income nations for Law and Development.


Comment On Gardner: Duty And Right In Private Law, Gregory C. Keating 2016 University of Southern California

Comment On Gardner: Duty And Right In Private Law, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

John Gardner’s From Personal Life to Private Law is a striking marriage of cultivated sensibility and analytic prowess. Professor Gardner is both acutely sensitive to the lived experience of our moral relationships and highly skilled at disentangling the threads which those relationships weave together to realize rich and distinctive forms of value. From Personal Life to Private Law pursues its thesis that there are multiple and deep connections between the ideas of duty, responsibility and reparation that lie at the center of private law and their counterparts in the relationships that figure centrally in our private lives with both ...


Must The Hand Formula Not Be Named?, Gregory C. Keating 2016 University of Southern California

Must The Hand Formula Not Be Named?, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This paper responds to Benjamin Zipursky’s Reasonableness in and out of Negligence Law 163 U. PA. L. REV. 2131 (2015). It takes issue with Professor Zipursky’s aversion to the Hand Formula. Trying to write the Hand Formula out of negligence law at this late date is tantamount to repudiating one hundred years of tort law and theory. This revisionary theorizing is as unnecessary as it is quixotic. The Hand Formula is not only too deeply embedded in negligence law to uproot; it is also unobjectionable. Indeed, the Hand Formula is one of modern negligence law’s more important ...


Products Liability As Enterprise Liability, Gregory C. Keating 2016 University of Southern California

Products Liability As Enterprise Liability, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

The prevailing wisdom about the rise of modern products liability law is framed by a debate which took place more than a generation ago. George Priest argued that modern American products liability law was born as enterprise liability incarnate and consequently ran amok in a nightmare of unlimited liability. Gary Schwartz countered that product liability law strict in name but fault-based in fact. Strict products liability was a revolution in rhetoric alone. To this day, these positions dominate our understanding of products liability law in its formative moment. We are long overdue for a fresh look. This paper argues that ...


Comment On Avraham And Yuracko: Torts And The Paradox Of Conservative Justice, Gregory C. Keating 2016 University of Southern California

Comment On Avraham And Yuracko: Torts And The Paradox Of Conservative Justice, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This paper comments on Ronen Avraham & Kim Yuracko, Torts and Discrimination forthcoming in the Ohio State Law Journal. Professors Avraham and Yuracko’s fine article, Torts and Discrimination, calls our attention to the fact that the entrenched fact of race and gender discrimination exerts a powerful, structural influence on tort damages, especially in bodily injury and wrongful death cases. Damages in tort—and in private law more generally—are reparative. Their role is to put the plaintiff in the position he would have been in but for the defendant’s wrong. Making the plaintiff whole requires that courts determine how ...


Is Cost-Benefit Analysis The Only Game In Town?, Gregory C. Keating 2016 University of Southern California

Is Cost-Benefit Analysis The Only Game In Town?, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

Standards which prescribe more than efficient precaution against physical harm and health injury are commonplace in American environmental, health and safety regulation. The safe level standard, for example, requires the elimination of all significant risks. The feasibility standard requires the elimination of significant risks to the extent insofar as it is possible to do so without impairing the long run survival of the activities which give rise to the risks. These standards reach back more than a generation to the founding of the EPA and OSHA. You might think that they are too well-entrenched in American law to be subject ...


Liability Without Regard To Fault: A Comment On Goldberg & Zipursky, Gregory C. Keating 2016 University of Southern California

Liability Without Regard To Fault: A Comment On Goldberg & Zipursky, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This paper comments on John C.P. Goldberg & Benjamin C. Zipursky, The Strict Liability in Fault and the Fault in Strict Liability 85 Fordham L.Rev. 743 (2016). In their important writings over the past twenty years, Professors Goldberg and Zipursky have argued that torts are conduct-based wrongs. A conduct-based wrong is one where an agent violates the right of another by failing to conform her conduct to the standard required by the law. Strict liability in tort poses a formidable challenge to the claim that all torts are wrongs whose distinctive feature is that they violate an applicable standard ...


Digital Commons powered by bepress