Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Crack cocaine (2)
- Criminalization (2)
- Economics (2)
- Globalization (2)
- Heroin (2)
-
- Income effect (2)
- Risk (2)
- Substitution (2)
- Accident law (1)
- Adaptive preference (1)
- Article 9 (1)
- Bankruptcy Code (1)
- Capital Asset Pricing Model (1)
- Cash flow (1)
- Chattahoochee River (1)
- Chinese market (1)
- Contracts (1)
- Conveyance model (1)
- Currency (1)
- Dewsnup v. Timm (1)
- Disclosure (1)
- Diversification (1)
- EU (1)
- Economic development (1)
- European Union (1)
- Exchange rate (1)
- Experientialism (1)
- Fairness (1)
- Federal mandates (1)
- Friendly (Charles) (1)
Articles 1 - 13 of 13
Full-Text Articles in Law
Trends. International Trade And The Subversion Of Justice: Japan, The European Union, And Iraq, Ibpp Editor
Trends. International Trade And The Subversion Of Justice: Japan, The European Union, And Iraq, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the moral philosophy, the psychology of moral judgment, and treatises on law often suggest that justice subsumes some combination of behavioral and intentional accountability and equity.
Unfunded Mandates And Fiscal Federalism: A Critique, Robert W. Adler
Unfunded Mandates And Fiscal Federalism: A Critique, Robert W. Adler
Vanderbilt Law Review
The term "unfunded federal mandates" is used to challenge federal obligations imposed on states and localities without accompanying funding. Unfunded mandates were alluded to by both the majority and dissenting opinions in Printz v. United States, in which provisions of the Brady Handgun Violence Protection Act were invalidated by the U.S. Supreme Court on Tenth Amendment grounds. In this Article, Professor Adler critiques the fiscal, legal, and policy arguments against unfunded federal mandates. This analysis, in turn, raises two broader issues. First, is the concept of unfunded mandates independently useful to the nation's ongoing debate about federal- ism? Second, does …
Deterrence's Difficulty, Neal Kumar Katyal
Deterrence's Difficulty, Neal Kumar Katyal
Michigan Law Review
We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …
Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan
Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan
Michigan Law Review
The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …
Securities Disclosure In A Globalizing Market: Who Should Regulate Whom, Merritt B. Fox
Securities Disclosure In A Globalizing Market: Who Should Regulate Whom, Merritt B. Fox
Michigan Law Review
One of the most dramatic examples of increasing interaction across national boundaries in recent years has been the burgeoning volume of transnational transactions in corporate equities. Most developed capitalist countries impose affirmative obligations on issuers of corporate equity to disclose certain information about themselves. While these obligations are imposed on issuers, they are triggered by transactions. The growth in transnational transactions is thus increasingly raising difficult issues concerning the reach of differing national regimes. Given the magnitude of legal resources devoted to compliance with such disclosure regulations, they promise to feature prominently in the larger discussion of the role of …
The Southeastern Water Compact, Panacea Or Pandora's Box? A Law And Economics Analysis Of The Viability Of Interstate Water Compacts, David Copas
William & Mary Environmental Law and Policy Review
No abstract provided.
The Immovable Object Versus The Irresistable Force: Rethinking The Relationship Between Secured Credit And Bankruptcy Policy, Lawrence Ponoroff, F. Stephen Knippenberg
The Immovable Object Versus The Irresistable Force: Rethinking The Relationship Between Secured Credit And Bankruptcy Policy, Lawrence Ponoroff, F. Stephen Knippenberg
Michigan Law Review
The last leaf in O. Henry's classic short story was hanging by a delicate thread, but it never fell. It never fell, of course, because it wasn't real; Old Behrman had painted it (and caught pneumonia for his trouble) in order to give Johnsy the will to live. The Supreme Court's decision in Dewsnup v. Timm is also hanging by a thread, following a barrage of scholarly criticism and more than four years of limiting case law and legislative incursions on the case's core conceptual rationale. But the holding in Dewsnup, unlike the last leaf, is very real. It has …
Realizing The Re-Emergence Of The Chinese Stock Market: Fact Or Fiction?, Ann P. Vandevelde
Realizing The Re-Emergence Of The Chinese Stock Market: Fact Or Fiction?, Ann P. Vandevelde
Vanderbilt Journal of Transnational Law
The stock market which currently exists in the People's Republic of China (PRC) is a product of the "open door policy" introduced by Deng Xiaoping in 1978, following the death of Mao Zedong, to promote economic development over class struggle. Following limited experimentation with stock issuance at the local level, the Shanghai and Shenzhen stock exchanges opened in 1990 and 1991 respectively. Since its recent inception, China's stock market--which comprises the trading of domestically owned A-Shares and foreign-owned B-Shares--has experienced impressive growth together with periods of volatility as well as lackluster performance. Recent performance of A-Share trading has been strong, …
European Community Competition Law, Subsidiarity, And The National Courts, Eric F. Hinton
European Community Competition Law, Subsidiarity, And The National Courts, Eric F. Hinton
Brigham Young University Journal of Public Law
No abstract provided.
Globalization In Question: The International Economy And The Possibilities Of Governance, By Paul Hirst And Grahame Thompson, Jeffery A. Hart
Globalization In Question: The International Economy And The Possibilities Of Governance, By Paul Hirst And Grahame Thompson, Jeffery A. Hart
Indiana Journal of Global Legal Studies
No abstract provided.
Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee
Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee
BYU Law Review
Courts have traditionally assigned burdens of pleading and burdens of proof by mechanically applying any of a number of meaningless "tests." Conventional doctrine assigns these burdens to the party to whose case the issue in question is "essential," or to the party who must establish the "affirmative proposition." Neither of these tests provides a coherent methodology for making such allocations. The first is circular-an issue is "essential" by virtue of the fact that the party has been assigned the burden. The latter is unworkable; it depends on accidents of syntax and may be easily manipulated. This Article attempts to fill …
The Idea Of Fairness In The Law Of Enterprise Liability, Gregory C. Keating
The Idea Of Fairness In The Law Of Enterprise Liability, Gregory C. Keating
Michigan Law Review
The theory and practice of enterprise liability are oddly disjoined. On the one hand, case rhetoric insists that considerations of fairness are among the primary justifications for imposing enterprise liability. On the other hand, normatively inclined and theoretically ambitious scholarship on enterprise liability is overwhelmingly economic in cast. Economically inclined scholars have flocked to the field, while other kinds of tort theorists have shunned it, implicitly or explicitly conceding it to economic analysis. This paper argues that, contrary to this consensus, there is a powerful and important fairness case to be made for enterprise liability. This case fits the rhetoric …
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Northwestern Journal of International Law & Business
To this debate comes Dani Rodrik, an economist on the faculty of Har- vard's John F. Kennedy School of Government. In his brief and intriguing book, Has Globalization Gone Too Far?,2 he seeks to make the race-to-the- bottom story respectable for those who take economics seriously. Rather than preaching radical opposition to globalization, however, he proposes moderate and incremental resistance. He outlines policy responses to what he argues are legitimate concerns about the growth of the world economy, encouraging targeted trade barriers based on a demonstrated national con- sensus about legitimate and illegitimate means of production. I will begin by …