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¿En Qué Momento Se Jodió El Sur? Crecimiento Económico, Derechos De Propiedad Y Regulación Del Crédito En Las Colonias Británicas Y Españolas En América, Enrique Pasquel 2009 Universidad Peruana de Ciencias Aplicadas

¿En Qué Momento Se Jodió El Sur? Crecimiento Económico, Derechos De Propiedad Y Regulación Del Crédito En Las Colonias Británicas Y Españolas En América, Enrique Pasquel

Enrique Pasquel

Las instituciones legales de las colonias británicas y españolas pueden ayudar a explicar los distintos niveles de desarrollo económico en esas regiones. Este artículo se centra en el marco legal de los derechos de propiedad y el mercado del crédito en la época colonial, analizando las políticas de asignación de tierras, el establecimiento de registros, los programas de titulación, las cargas sobre la tierra y las restricciones al crédito.


Il Diritto Dell'agente Alla Provvigione Nell'ordinamento Tedesco, Valerio Sangiovanni 2009 Selected Works

Il Diritto Dell'agente Alla Provvigione Nell'ordinamento Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


Standardization As A Solution To The Reading Costs Of Form Contracts, Abraham L. Wickelgren 2009 University ofTexas at Austin

Standardization As A Solution To The Reading Costs Of Form Contracts, Abraham L. Wickelgren

Abraham L. Wickelgren

It is well-known that a monopolist cannot commit to offer a high quality contract to a consumer reading costs are postive. This paper shows that this also holds in a competitive environment with consumer heterogeneity if the contract space is unrestricted. If firms can offer standardized contracts from a finite set, however, each with a standardized name, this paper shows that, when reading costs are not too large, there exists an equilibrium in which firms offer the most efficient contracts from the set of named contracts and consumers purchase the most efficient contracts offered without incurring any reading costs.


The Telltale Sign Of Discrimination: Probabilities, Information Asymmetries, And The Systemic Disparate Treatment Theory, Jason R. Bent 2009 Penn State Dickinson School of Law

The Telltale Sign Of Discrimination: Probabilities, Information Asymmetries, And The Systemic Disparate Treatment Theory, Jason R. Bent

Jason R Bent

The systemic disparate treatment theory of employment discrimination is in disarray. Originally formulated in United States v. International B’hood of Teamsters, 431 U.S. 324, 360-61 (1977), the systemic disparate treatment theory provides plaintiffs with a method for creating an inference of unlawful discriminatory intent if plaintiffs can first present sufficient statistical evidence establishing that the employer was engaged in a “pattern or practice” of discrimination. While the Court and scholars have recently given substantial attention to the disparate impact theory, they have not adequately analyzed the contours of the systemic disparate treatment theory. For example, there are currently ...


Current Issues In Negotiable Instruments Law, Deposit Accounts And Payment Transactions, Alvin C. Harrell, Robert T. Luttrell III 2009 Oklahoma City University School of Law

Current Issues In Negotiable Instruments Law, Deposit Accounts And Payment Transactions, Alvin C. Harrell, Robert T. Luttrell Iii

Alvin C. Harrell

No abstract provided.


Skript Zur Vorlesung Rechtsanthropologie, Wolfgang Fikentscher 2009 University of Munich

Skript Zur Vorlesung Rechtsanthropologie, Wolfgang Fikentscher

Wolfgang Fikentscher

No abstract provided.


Social Security Benefits Formula 101: A Practical Primer, Francine J. Lipman, James E. Williamson 2009 Chapman University School of Law

Social Security Benefits Formula 101: A Practical Primer, Francine J. Lipman, James E. Williamson

Francine J. Lipman

Despite the broad and deep reliance on Social Security benefits, very few of the hundreds of millions of current and future beneficiaries understand how the program works. This article presents through a hypothetical couple some of the basic concepts of the Social Security benefits formula.


Law At A Crossroads: Losing The Thread Of Regaining Control? The Collapse Of Distance In Real Time Computing, Mireille Hildebrandt 2009 Selected Works

Law At A Crossroads: Losing The Thread Of Regaining Control? The Collapse Of Distance In Real Time Computing, Mireille Hildebrandt

Mireille Hildebrandt

Control at a distance (cybernetics) has been one of the achievements of modern law. Since the advent of the printing press, written law has been instrumental for those in power to rule over a large jurisdiction with a great many subjects: enabling sovereign power to rule by law. Moving from absolutism to the rule of law basically meant that law gained a measure of autonomy between ruler and subjects, still providing the means to govern but also providing individual citizens with legal instruments to resist those in charge. This chapter argues that both the rule by law and the rule ...


Equitable And Adequate Funding For Special Needs Children In Louisiana, Robert A. Garda Jr. 2009 Loyola University New Orleans College of Law

Equitable And Adequate Funding For Special Needs Children In Louisiana, Robert A. Garda Jr.

Robert A. Garda

Comprehensive and coordinated special education remains a major problem across public schools in Louisiana. One issue arises due to the fact that special education money in some districts is allotted at the district level instead of following students to the schools they attend, resulting in inconsistent support for schools serving students with multiple types of disabilities. Money is not allocated based on student needs and the neediest students do not receive the services the funding is intended to provide.

Louisiana Appleseed and the Louisiana Bar Foundation have recruited volunteer attorneys to: (1) research Louisiana Minimum Foundation Program (MFP) formulas and ...


Relational Governance And Contract Damages: Evidence From Franchising, Adam B. Badawi 2009 Washington University School of Law

Relational Governance And Contract Damages: Evidence From Franchising, Adam B. Badawi

Adam B. Badawi

The literature on contract theory expects parties to use incentive mechanisms that minimize the costs of verifying breach in court if these mechanisms can effectively deter breach. This paper tests this hypothesis about relational governance in the context of franchising, an organizational form that provides parties with a suite of governance choices that span the range from those that require little or no verification to those that entail expensive and uncertain litigation. While relational governance options may be inexpensive, they may not be as effective as using incentives that require enforcement of written contracts, such as the threat of contract ...


Heller's Self-Defense, Boaz Sangero 2009 Academic Center of Law & Business, Israel

Heller's Self-Defense, Boaz Sangero

Prof. Boaz Sangero

This article reflects on District of Columbia v. Heller and proposes a new footing and limit to the right to bear arms: a person’s inalienable right to selfdefense. Self-defense is a natural right embedded in personhood and is antecedent to the social contract that sets up a state. This right consequently remains with the person following the establishment of the state and allows her to use proportional force necessary for resisting aggression. The right to bear arms derives from the constitutional right to self-defense, which merits protection under both the Ninth and Fourteenth Amendments. This instrumental nexus calls for ...


Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber 2009 Chicago-Kent College of Law

Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber

David J. Gerber

In several works over the last decade, Wolfgang Fikentscher has reminded us that there are ways of viewing competition law that need not begin and end with economics—its concepts, its language, and its science-based normative stance. Discussions of competition law in the United States and increasingly in Europe generally dismiss or marginalize views of competition law that are not circumscribed by economic science. In the works reviewed here, Fikentscher takes issue with the so-called “more economic approach” to law, particularly, competition law. As he has said on other occasions, he favors “a less economic approach” to competition law. Many ...


Regulation By Markets And Higher Education, Benedict Sheehy 2009 RMIT University

Regulation By Markets And Higher Education, Benedict Sheehy

Benedict Sheehy

Markets have a number of uses. One increasingly important use by politicians is as a means of regulating the supply and distribution of goods and services formerly supplied and distributed by governments on non-market bases. The use of markets as a regulator of higher education is not novel. However, the increased reliance on markets as a regulator of higher education is an on-going experiment with certain predictable failures. This article explores the uses of the market in the supply and distribution of higher education and weighs it against the stated policy objectives, with particular attention to the application proposed in ...


Regulação Cambial Entre A Ilegalidade E A Arbitrariedade: O Caso Da Compensação Privada De Créditos Internacionais, Bruno Meyerhof Salama 2009 FGV Law School in Sao Paulo

Regulação Cambial Entre A Ilegalidade E A Arbitrariedade: O Caso Da Compensação Privada De Créditos Internacionais, Bruno Meyerhof Salama

Bruno Meyerhof Salama

A compensação privada de créditos internacionais é um instituto jurídico que ainda hoje integra a regulação cambial brasileira. O instituto foi disciplinado em um decreto editado em 1933 durante a Era Vargas, e reiterado em um Decreto-Lei de 1946. Esses dispositivos contêm uma redação vaga que genericamente veda a realização de “operações [internacionais] que não transitem pelos bancos habilitados a operar em câmbio” e a “compensação privada de créditos [internacionais]”. O presente trabalho examina a compensação privada de créditos, pondo o tema em contexto histórico. Aqui apresento essencialmente dois argumentos. Em primeiro lugar, a grande insegurança jurídica que circunda a ...


De Que Forma A Economia Auxilia O Profissional E O Estudioso Do Direito?, Bruno Meyerhof Salama 2009 FGV Law School in Sao Paulo

De Que Forma A Economia Auxilia O Profissional E O Estudioso Do Direito?, Bruno Meyerhof Salama

Bruno Meyerhof Salama

O problema da pertinência entre meios jurídicos e fins normativos é a chave para se entender por que a economia importa para o profissional e o estudioso do direito. Quando há uma quebra nessa relação, o debate no campo dos valores protegíveis pelo direito entra em curto-circuito. Nesses casos, é preciso apelar para uma ferramenta descritiva do mundo.


Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Meyerhof Salama, Daniel Benoliel 2009 FGV Law School in Sao Paulo

Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Meyerhof Salama, Daniel Benoliel

Bruno Meyerhof Salama

In the backdrop of the strict patent regime flatly adopted by the World Trade Organization (WTO) for all countries, a few countries constantly challenge this system through aggressive patent bargains. Within the pharmaceutical sector, noticeably, some countries now threaten to issue or otherwise actually issue compulsory licenses that may sway large pharmaceutical companies into selling drugs with large discounts or into granting voluntary licenses domestically. That is conspicuously the negotiation strategy adopted by Brazil in its negotiations with big international pharmaceutical companies. This paper explains Brazil’s aggressive bargaining approach based on an analysis of two aspects of its political ...


Convergence In The Treatment Of Dominant Firm Conduct: The United States, The European Union, And The Institutional Embeddedness Of Economics, David J. Gerber 2009 Chicago-Kent College of Law

Convergence In The Treatment Of Dominant Firm Conduct: The United States, The European Union, And The Institutional Embeddedness Of Economics, David J. Gerber

David J. Gerber

Discussions of the competition law treatment of dominant firms often center on the issue of whether EU and U.S. law in this area are likely to converge and thereby provide a more uniform legal terrain for the activities of such firms. Curiously, however, discussions of convergence seldom pay careful attention to key issues such as “What are the differences in the role of economics in the respective legal systems and which factors are likely to affect significantly the likelihood of convergence?”. They often hover in a somewhat mystical realm in which convergence is just expected to “happen”.

In this ...


The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt 2009 Chicago-Kent College of Law

The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt

Christopher W. Schmidt

By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education (1954) prohibited racial segregation in schools and other state-operated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and ...


Protocols For Expeditious, Cost‐Effective Commercial Arbitration: Key Action Steps For Business Users, Counsel, Arbitrators & Arbitration Provider Institutions, Thomas J. Stipanowich 2009 Pepperdine University

Protocols For Expeditious, Cost‐Effective Commercial Arbitration: Key Action Steps For Business Users, Counsel, Arbitrators & Arbitration Provider Institutions, Thomas J. Stipanowich

Thomas J. Stipanowich

Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American commercial arbitration is at a crescendo. Much of this criticism stems from the fact that business‐to‐business arbitration has taken on the trappings of litigation—extensive discovery and motion practice, highly contentious advocacy, long cycle time and high cost. While many business users still prefer arbitration to court trial because of other procedural advantages, the great majority of complaints being voiced by arbitration users are the same: commercial arbitration now costs just as much, and takes just as long, as litigation. Clients ...


Behind The Neutral: The Critical Role Of Provider Institutions, Thomas J. Stipanowich 2009 Pepperdine University

Behind The Neutral: The Critical Role Of Provider Institutions, Thomas J. Stipanowich

Thomas J. Stipanowich

In the last generation the “quiet revolution” in conflict resolution has spawned a vast array of organizations sponsoring or promoting the services of arbitrators and mediators. These “provider institutions” are often in a position, directly or indirectly, to exert significant influence on the lives and fortunes of individuals in all sectors of society. For this reason they have become increasingly visible, the focus of growing scrutiny and, in some cases, regulation. This article explores the roles of providers and the need for greater awareness of their impact.


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