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Full-Text Articles in Law
Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea
Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea
David A Hoffman
This article describes important recent developments in normative law and economics, and the difficulties they create for the project of efficiency-based legal reform. After long proceeding without a well articulated moral justification for using economic decision procedures to choose legal rules, scholars have lately begun to devote serious attention to developing a philosophically attractive definition of well-being. At the same time, the empirical side of law and economics is also being enriched with an improved understanding of the complexities of individuals' decision-making behavior. That is where the problems begin. Scholars may have better, more plausible conceptions of well-being in hand, …
When Is Fair Use Fair?: A Comparison Of E.U. And U.S. Intellectual Property Law, Eric Engle
When Is Fair Use Fair?: A Comparison Of E.U. And U.S. Intellectual Property Law, Eric Engle
Eric A. Engle
Analyzes whether U.S. exception to copyright for fair use of materials is consistent with WTO TRIPS. Concludes it is based on economic argument.