Law Commons^™

Financial Derivatives And Intrinsic Separation Of Ownership And Control By Eugenio Simone De Nardis: Discussion (Powerpoint Format), Carlo Drago

Carlo Drago

No abstract provided.

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Carlo Drago

No abstract provided.

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Paolo Santella

No abstract provided.

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Carlo Drago

No abstract provided.

Judicial Martial Law, David Randall Jenkins

David Randall Jenkins

No abstract provided.

The Misdirection Of Resources And The Current Recession, Mario J. Rizzo

Mario Rizzo

An analysis of the deficiencies of the stimulus pakage of February, 2009 from the point of view of a microeconomist.

The Dynamic Quality Of Law: The Role Of Judicial Incentives And Legal Human Capital In The Adaptation Of Law, Gillian K. Hadfield

Gillian K Hadfield

Much of the existing literature investigating the relationship between legal regimes and economic growth focuses on the agency problem of aligning judicial incentives with social welfare. In this paper I look instead at the factors that influence the quality of law when judges have incentives to promote social welfare but they have limited knowledge about the environment in which law is to be applied. The key insight is that the capacity for a legal regime to generate value-enhancing legal adaptation to local and changing conditions depends on its capacity to generate and implement adequate expertise about the environment in which …

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo

Carlo Drago

No abstract provided.

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom, Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Paolo Santella

The purpose of this paper is to contribute to the literature on director interlocks by illustrating and analysing the interlocking directorships among the Italian, French, German, UK and US listed Blue Chips. The comparison of the five countries considered shows that two national models stand out. On the one hand a model made of a high number of companies linked to each other through a small number of shared directors who serve on several company boards at the time (France, Germany, and Italy). On the other hand, in the UK much fewer companies are connected to each other essentially through …

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom, Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Carlo Drago

The purpose of this paper is to contribute to the literature on director interlocks by illustrating and analysing the interlocking directorships among the Italian, French, German, UK and US listed Blue Chips. The comparison of the five countries considered shows that two national models stand out. On the one hand a model made of a high number of companies linked to each other through a small number of shared directors who serve on several company boards at the time (France, Germany, and Italy). On the other hand, in the UK much fewer companies are connected to each other essentially through …

Wobbling Back To The Fire: Economic Efficiency And The Creation Of A Retail Market For Set-Top Boxes, T. Randolph Beard, George S. Ford, Lawrence J. Spiwak, Michael Stern

GEORGE S FORD

Under Section 629 of the Communications Act, Congress directed the FCC to adopt regulations to promote a retail market for set-top boxes. The Commission’s first attempt was the ill-fated CableCard experiment, which—by the Commission’s own admission—was a dismal failure. In response, the Commission is now contemplating an aggressive new “AllVid” regime, whereby the agency would mandate multichannel video program distributors (“MVPDs”) to provide an adapter to serve as a “common interface for connection to televisions, DVRs, and other smart video devices.” Because the FCC is again proceeding without any formal economic analysis of the nature of the service-equipment relationship in …

The Need For Better Analysis Of High Capacity Services, George S. Ford, Lawrence J. Spiwak

GEORGE S FORD

In 1999, the Federal Communications Commission (“FCC”) began to grant incumbent local exchange carriers (“LECs”) pricing flexibility on special access services in some Metropolitan Statistical Areas (“MSAs”) when specific evidence of competitive alternatives is present. The propriety of that deregulatory move by the FCC has been criticized by the purchasers of such services ever since. Proponents of special access price regulation rely on three central arguments to support a retreat to strict price regulation: (1) the market(s) for special access and similar services is unduly concentrated; (2) rates of return on special access services, computed using FCC ARMIS data, are …

Collusion In Convergent Markets, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.

Explicando Los Ciclos Políticos Latinoamericanos, Jose Luis Sardon

Jose Luis Sardon

Diferentes autores han señalado que los países latinoamericanos están atrapados en ciclos políticos de gobiernos autoritarios y democracias desestructuradas. En el presente artículo se argumenta que ello se debe a que dichos países utilizan el sistema de representación proporcional para la elección de sus legislaturas. Ello no solo genera mayor gasto público, impuesto y corrupción sino que impide consolidar un sistema de partidos. Por tanto, para hacer sostenibles los procesos de consolidación democrática de estos países, se requiere cambiar dicho sistema y la apelación a la democracia y al pluralismo como único principio de organización social en el que dicho …

Conflicting Sovereignties In The World Wide Web Of Contracts - Property Rights And The Globalization Of The Power System, Jean-Philippe Robé

Jean-Philippe Robé

No abstract provided.

Ministry Of Defense And Support For The Armed Forces Of The Islamic Republic Of Iran V. Elahi, Case Note, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

No abstract provided.

Firms' Global Patent Strategies In An Emerging Technology, Andrea Fernandez-Ribas

Andrea Fernandez-Ribas

Despite international patenting can be a costly and risky investment, an increasing number of firms patent proprietary technologies in foreign countries. This paper explores trends of global patenting in a new domain of technology characterized by rapid globalization. The research setting consists of the population of U.S.-based Large and Small and Mid-Sized firms (SMEs) filing nanotechnology-related patent applications at the World International Patent Office (WIPO) during 1996-2006.

This paper appears in: Science and Innovation Policy, 2009 Atlanta Conference on Publication Date: 2-3 Oct. 2009 On page(s): 1-5 ISBN: 978-1-4244-5041-1 INSPEC Accession Number: 11035266 DOI: 10.1109/ACSIP.2009.5367863 Posted online: 2009-12-28 12:00:57.0

The Effect Of Treaties On Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, And Investment Flows, Lauge Skovgaard Poulsen

Lauge N. Skovgaard Poulsen

Review of: K. Sauvant, and L. Sachs, (eds), The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows (Oxford: Oxford University Press, 2009).

On The Efficiency Of Negligence Rule, Satish K. Jain

Satish K. Jain

In the law and economics literature there are three different versions of negligence rule which have been discussed. These three versions are: (i) Injurer is liable for the entire loss if negligent, and not liable if nonnegligent. Injurer is negligent if his care level is below the due care level, otherwise nonnegligent. (ii) Injurer is liable for the incremental loss if negligent, and not liable if nonnegligent. Injurer is negligent if his care level is below the due care level, otherwise nonnegligent. (iii) Injurer is liable for the incremental loss if negligent, and not liable if nonnegligent. Injurer is negligent …

Little Brother Is Watching You: New Paternalism On The Slippery Slopes, Mario J. Rizzo

Mario Rizzo

The “new paternalism” claims that careful policy interventions can help people make better decisions in terms of their own welfare, with only mild or nonexistent infringement of personal autonomy and choice. This claim to moderation is not sustainable. Applying the insights of the modern literature on slippery slopes to new paternalist policies suggests that such policies are particularly vulnerable to expansion. This is true even if policymakers are fully rational. More importantly, the slippery-slope potential is especially great if policymakers are not fully rational, but instead share the behavioral and cognitive biases attributed to the people their policies are supposed …

The Knowledge Problem Of The New Paternalism, Mario J. Rizzo

Mario Rizzo

The “new paternalism” is a set of policy prescriptions based on recent findings in behavioral economics whose purpose is to help individuals overcome a wide variety of behavior and cognitive biases. According to its proponents, it does not aim at replacing the preferences of individuals with those of the paternalist but rather to uncover the “true” preferences of individuals, that is, the preferences they would have if they had perfect knowledge, unlimited cognitive abilities and no lack of willpower. The purpose of this Article is to show that new paternalist policies founder on the shoals of a profound knowledge problem …

La Economía Que Devuelve España A Los Españoles, Mario Šilar

Mario Šilar

No abstract provided.

The Irreduceable Moral Nature Of Human Action, Mario Šilar, José María Torralba

Mario Šilar

No abstract provided.

The Impact Of Legalized Abortion On Teen Childbearing, John Donohue, Jeffrey Grogger, Steven Levitt

John Donohue

No abstract provided.

Assessing The Relative Benefits Of Incarceration: The Overall Change Over The Previous Decades And The Benefits On The Margin, John Donohue

John Donohue

No abstract provided.

Introduction To The Death Penalty Symposium, John Donohue, Steven Shavell

John Donohue

No abstract provided.

Review Of The Road To Abolition, John J. Donohue

John Donohue

The two most important questions about the death penalty in the United States today are should we get rid of it and will we get rid of it? While he contributors to this important and interesting new book are unanimous that capital punishment should be abolished, opinions differ on whether abolition is likely to occur in the US any time soon, and if so, how.

If one wants to gain a deeper understanding of the effort to eliminate capital punishment in the U.S. over the last forty years, and what the future holds for this harsh feature of American exceptionalism, …

The Impact Of The Death Penalty On Murder, John J. Donohue

John Donohue

Both history and daily crime sheets underscore a depressing capacity for human violence and inhumanity. Some scholars feel that eliminating capital punishment would be a step toward reducing the toll of human suffering, whereas others feel that retaining the death penalty will prevent some murders at least. Kovandzic, Vieraitis, and Boots (2009, this issue) provide a comprehensive ordinary least-squares (OLS) state panel data assessment of the most recent postmoratorium data available and reach a strong conclusion that the death penalty does not deter murder. This article is an important piece in the complex jigsaw puzzle that will illuminate which factors …

A Dialogical-Republican Revival: Respect-Worthy Constitutionalism In Post-Conflict Northern Ireland, South Africa, And Southern Philippines, Edsel F. Tupaz

Edsel F Tupaz

This Article addresses the question of constitutional design and negotiation for deeply divided societies in post-conflict settings. It argues in favor of the adoption and application of what might be termed as the “dialogical” model of democratic constitutionalism as opposed to the “enforcement” model which characterizes much of contemporary legal ordering. In discussing their features, the Article charts a normative apparatus for making the constitutional choice between the two, and, thereafter, it tests theory into practice by undertaking a comparative analysis of what might well be successful policymaking and constitution-making practices in Northern Ireland and South Africa. The findings show …

The Intersection Of Judicial Attitudes And Litigant Selection Theories: Explaining U.S. Supreme Court Decision Making, Jeff L. Yates, Elizabeth Coggins

Jeff L Yates

Two prominent theories of legal decision making provide seemingly contradictory explanations for judicial outcomes. In political science, the Attitudinal Model suggests that judicial outcomes are driven by judges' sincere policy preferences -- judges bring their ideological inclinations to the decision making process and their case outcome choices largely reflect these policy preferences. In contrast, in the law and economics literature, Priest and Klein's well-known Selection Hypothesis posits that court outcomes are largely driven by the litigants' strategic choices in the selection of cases for formal dispute or adjudication -- forward thinking litigants settle cases where potential judicial outcomes are readily …