Law Commons^™

The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer

Nancy J. Knauer

The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …

The Cotton And Sugar Subsidies Decisions: Wto’S Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz

Stephen Joseph Powell

Acting on a complaint by Brazil, a WTO dispute settlement panel ruled September 8, 2004, that a variety of support programs for upland cotton exceeded reduction commitments made by the United States when it signed the 1995 WTO Agriculture Agreement and were thus not immune from challenge under the WTO Subsidies Agreement, with which the Panel then found these programs inconsistent.

The Panel's conclusions, if upheld by the WTO's Appellate Body, will have significant impact on agricultural policies for specialty and program crops of the United States, Europe, and Japan. This paper analyzes the decision, notable as the first to …

The Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.

The Bundling Of Academic Journals, Aaron S. Edlin, Daniel L. Rubinfeld

Aaron Edlin

No abstract provided.

Empirical Research On The Capacity Of Regulating Economy Of The Supreme Court: From The Overhead Expenses In The Court（最高法院规制经济的实证研究──以法院内部管理费用为分析视角）, Meng Hou

Hou Meng

No abstract provided.

What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu

Shi-Ling Hsu

Over the thirty-seven years since its publication, Garden Hardin's "Tragedy of the Commons" has clearly become one of the most influential writings of all time. The tragedy of the commons is one of those rare scholarly ideas that has had an enormous impact in academia and is also commonly used outside of academia. In legal scholarship, the tragedy of the commons has been used to characterize a wide variety of resource problems, including intellectual property rights, overcrowding of telecommunications spectra, air and water pollution, and of course, the classic environmental commons problem, overfishing. But I suggest this embarrassment of citation …

Tort Law Through Time And Culture: Themes Of Economic Efficiency, M Stuart Madden

M Stuart Madden

Hellenic philosophers assessed the goals of society as: (1) the protection of persons and property from wrongful harm; (2) protection of the individual’s means of survival and prosperity; (3) discouragement of self-aggrandizement to the detriment of others; and (4) elevation of individual knowledge that would carry forward and perfect such principles.

Roman law was replete with proscriptions against forced taking and unjust enrichment, and included rules for ex ante contract-based resolution of potential disagreement. Customary law perpetuated these efficient economic tenets within the Western World and beyond.

The common law, in turn, has nurtured many of the same ends. From …

Is The Contractor More Secure With A Priority Right? A Functional Analysis Of Article 286 Of Prc Contract Law (Chinese Version), Wei Zhang

Wei Zhang

No abstract provided.

Is The Contractor More Secure With A Priority Right? A Functional Analysis Of Article 286 Of Prc Contract Law (English Version), Wei Zhang

Wei Zhang

No abstract provided.

On The Role Of Cost-Benefit Analysis In Environmental Law, Shi-Ling Hsu

Shi-Ling Hsu

Legal scholarship on the role of cost-benefit analysis in environmental law is often stimulating, but does not seem to be changing anybody's mind. The entrenchment of a camp of detractors and a camp of advocates of cost-benefit analysis parallels the impasse that has stymied environmental law for over a decade. Professors Lisa Heinzerling and Frank Ackerman have co-authored a book that captures most of the arguments from the detractor side, and have done so skillfully and powerfully. However, this review criticizes the book's contribution to perpetuating this intellectual stalemate. The book does this by focusing on an environmental theory of …

Judicial Knowledge System’S Reproduction Of Supreme Court：To The Judicial Process Of Economic Regulation,For Example（最高法院司法知识体制再生产──以最高法院规制经济的司法过程为例）, Meng Hou

Hou Meng

No abstract provided.

El Caso “Galli” Y Los Tres Órdenes Del Sistema Constitucional, Martin Enrique Krause

Martin Krause

El reciente fallo de la Corte Suprema de Justicia en el denominado caso “Galli” no ha hecho sino ratificar la existencia, pocas veces considerada por los juristas, de un “sistema constitucional” que rige le vida de los argentinos, el cual está basado en tres “órdenes” diferentes.

Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie

Jeff L Yates

In this study, we examine agenda setting by the U.S. Supreme Court, and ask the question of why the Court allocates more or less of its valuable agenda space to one policy issue over others. Our study environment is the policy issue composition of the Court's docket: the Court's attention to criminal justice policy issues relative to other issues. We model the Court's allocation of this agenda space as a function of internal organizational demands and external political signals. We find that this agenda responds to the issue priorities of the other branches of the federal government and the public. …

Lima La Horrible: Propiedad, Zonificación Y El Mito Del Planeamiento Urbano, Enrique Pasquel

Enrique Pasquel

Las características de la administración pública no permiten que las finalidades de la zonificación se cumplan y afectan gravemente la propiedad. Pero existen sistemas privados alternativos más eficientes.

CóMo Reconciliar Propiedad Y TributacióN: Un Análisis Moral Y Económico, Enrique Pasquel

Enrique Pasquel

Las características de la administración pública no permiten que las finalidades de la zonificación se cumplan y afectan gravemente la propiedad. Pero existen sistemas privados alternativos más eficientes.

This Land Is My Land, This Land Is Your Land: Markets And Institutions For Economic Development On Native American Reservations, Ezra Rosser

Ezra Rosser

This paper presents the current land regime and nature of economic development found on most Native American reservations, drawing predominantly from the Navajo Nation. It then considers the situation according to (1) neo-classical economics and (2) New Institutional Economics (NIE). The paper begins with the paired assumptions that economic growth can and should reach reservations and that the U.S. and tribal governments can improve upon past performance and institutional arrangements. Policy solutions to reservation commercial and light industrial underdevelopment, corresponding to each economic perspective in turn, are then discussed. The paper broadens the range of policy options available to tribes …

Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein

Richard Adelstein

A theory of central planning employing Austrian themes and applied to private firms and Taylorism.

Overenforcement, Alex Stein, Richard A. Bierschbach

Alex Stein

Overenforcement of the law is widespread, but underinvestigated. Overenforcement occurs when the total sanction suffered by the violator of a legal rule exceeds the amount optimal for deterrence. Overenforcement sometimes generates overdeterrence that cannot be remedied through the adjustment of substantive liability standards or penalties ex ante. When that happens, the legal system can counteract the effects of overenforcement by adjusting evidentiary or procedural rules to make liability less likely. This framework, which we call the overenforcement paradigm, illuminates previously unnoticed features of various evidentiary and procedural arrangements. It also provides a useful analytical and prescriptive tool for creating optimal …