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Articles 301 - 327 of 327
Full-Text Articles in Law
Developments In Law - Toxic Waste Litigation, Howard F. Chang
Developments In Law - Toxic Waste Litigation, Howard F. Chang
All Faculty Scholarship
No abstract provided.
The Politics Of The Coase Theorem And Its Relationship To Modern Legal Thought, Donald H. Gjerdingen
The Politics Of The Coase Theorem And Its Relationship To Modern Legal Thought, Donald H. Gjerdingen
Articles by Maurer Faculty
No abstract provided.
Antitrust Policy After Chicago, Herbert J. Hovenkamp
Antitrust Policy After Chicago, Herbert J. Hovenkamp
All Faculty Scholarship
This article, which was published in 1985, describes the development of a "Post-Chicago" antitrust policy. The Chicago School of antitrust analysis has made an important and lasting contribution to antitrust policy. The School has placed an emphasis on economic analysis in antitrust jurisprudence that will likely never disappear. At the same time, however, the Chicago School's approach to antitrust is defective for two important reasons. First of all, the notion that public policymaking should be guided exclusively by a notion of efficiency based on the neoclassical market efficiency model is naive. That notion both overstates the ability of the policymaker …
The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein
The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein
Richard Adelstein
A theory of intellectual goods as distinct from public or private goods, and the rationale for copyright that flows from it.
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton
All Faculty Scholarship
Professor Bratton examines judicial regulation of issuer-bondholder conflicts of interest within three different, but closely related doctrinal frameworks: neoclassical contract interpretation; contract avoidance; and corporate law fiduciary restraint. After discussing the elements of convertible bond valuation and their interaction with issuer actions giving rise to conflicts of interest, he evaluates the case for judicial intervention to protect bondholder interests. He concludes that ·bondholder protective intervention is fair and tolerably efficient, provided it is kept within the bounds of contract interpretation. But he finds that more aggressive judicial intervention under the frameworks of contract avoidance and fiduciary restraint carries an unnecessary …
The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton
The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton
All Faculty Scholarship
No abstract provided.
The Coase Theorem And The Psychology Of Common-Law Thought, Donald H. Gjerdingen
The Coase Theorem And The Psychology Of Common-Law Thought, Donald H. Gjerdingen
Articles by Maurer Faculty
The Coase Theorem is a simple proposition-in the absence of transaction costs, a Pareto optimal result will occur regardless of the initial placement of legal liability. Despite this apparent simplicity, however, Coase's economic parable has provoked intense debate in the legal community. Why does the theorem grate on the hardened intuitions of so many lawyers? The thesis of this Article is that a connection exists between the adoption or rejection of a given school of legal thought and the use of certain psychological constructs. Specifically, this Article argues that the constructs underlying the Coase Theorem are incompatible with those underlying …
Inflation Takes A Toll On The Poor, Chester Smolski
Inflation Takes A Toll On The Poor, Chester Smolski
Smolski Texts
"Everyone is keenly aware these days of the declining value of the dollar and the inability of the average person to keep pace with the rising cost of living. Inflation, an insidious ailment of the economy, strikes all people alike, whether they be working families, single people, elderly or poor."
The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein
The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein
Richard Adelstein
A comparative view of adjudication by guilty plea in the US and the UK.
Institutional Function And Evolution In The Criminal Process, Richard Adelstein
Institutional Function And Evolution In The Criminal Process, Richard Adelstein
Richard Adelstein
An extended development of the foundations of the price exaction model of the criminal process.
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
Richard Adelstein
More on price exaction, and punishments as conveyors of cost information in the criminal process.
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Richard Adelstein
A further development of the price exaction model and an application to the problem of sentencing standards.
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
An early exposition of the price exaction framework and the place of plea bargaining in it.
Potential Competition Mergers: A Structural Synthesis, Joseph F. Brodley
Potential Competition Mergers: A Structural Synthesis, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
Subdivision Exactions And Congestion Externalities (With Noel Edelson)
Subdivision Exactions And Congestion Externalities (With Noel Edelson)
Richard Adelstein
A model of congestion in housing and pricing policy to address it.
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
My dissertation of 1975, published by Garland Publishing in their series Outstanding Dissertations in Economics, 1984
Private Markets And Social Control, Lloyd D. Orr
Private Markets And Social Control, Lloyd D. Orr
IUSTITIA
The continuing failure of society to deal adequately with its problems has led to criticism that goes beyond the imperfections of a fundamentally sound social organization. Individual economic incentive and private markets, the basics of our economic organization, are condemned as inherently destructive of desirable social goals. It may be that such criticism is naive with respect to the basic history of economic organization and the prospects for meaningful alternatives. It also may be that the "solutions" offered are frequently more authoritarian than the critics allege the present system to be. We are still left to ponder the vital, long-standing, …
Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein
Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein
Richard Adelstein
An analysis of Porter v. United States (1973), a case involving the value of items owned by Lee Harvey Oswald.
General Equilibrium Theory And International Trade, Jagdish N. Bhagwati
General Equilibrium Theory And International Trade, Jagdish N. Bhagwati
Faculty Scholarship
This volume of Takashi Negishi's excellent essays in the theory of international trade underlines two major phenomena in this field: i) the displacement of the MarshalJian partialequilibriμm tools of analysis (now to be found only in the old-fashioned textbooks) by the general-equilibrium analysis of Mill, Marshan and Edgeworth which culminated in the major work of Meade and others; and ii) the emergence of a creative and ingenious school of Japanese international trade theorists in the last decade (of which Negishi is one of the more eminent members) which has virtually shifted the center of gravity in trade-theoretic research from England …
Book Review. Massive Industrial Size, Classical Economics, And The Search For Humanistic Value, Joseph F. Brodley
Book Review. Massive Industrial Size, Classical Economics, And The Search For Humanistic Value, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham
The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham
Articles by Maurer Faculty
Eleven years ago Professor Wechsler first argued that constitutional adjudication should be based on neutral principles of general applicability that transcend the factual contexts of the cases in which they are announced. Since that time, legal scholars have been engaged in a continuing debate over both the meaning and the validity of Wechsler's thesis. Professor Birmingham adds a new perspective to this debate by analyzing neutrality and generality in terms of game theory.
The Theory Of Economic Policy And The Law Of Torts, Robert L. Birmingham
The Theory Of Economic Policy And The Law Of Torts, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
Breach Of Contract, Damage Measures, And Economic Efficiency, Robert L. Birmingham
Breach Of Contract, Damage Measures, And Economic Efficiency, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations In The Light Of Economic Theory, Robert L. Birmingham
A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations In The Light Of Economic Theory, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
Oligopoly Power Under The Sherman And Clayton Acts -- From Economic Theory To Legal Policy, Joseph F. Brodley
Oligopoly Power Under The Sherman And Clayton Acts -- From Economic Theory To Legal Policy, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
Our Economic Problem: The Concentration Of Wealth, Hugh Evander Willis
Our Economic Problem: The Concentration Of Wealth, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.