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Property Rights & The Demands Of Transformation, Bernadette Atuahene
Property Rights & The Demands Of Transformation, Bernadette Atuahene
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The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical conception is …
Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber
Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber
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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 in …
Convergence In The Treatment Of Dominant Firm Conduct: The United States, The European Union, And The Institutional Embeddedness Of Economics, David J. Gerber
Convergence In The Treatment Of Dominant Firm Conduct: The United States, The European Union, And The Institutional Embeddedness Of Economics, David J. Gerber
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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 essay, …
The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin
The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin
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No abstract provided.