Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Biases and Heuristics (1)
- Cognitive Illusions (1)
- Dispute Systems Design (1)
- Distributive Justice (1)
- Empirical Legal Studies (1)
-
- Foreign direct investment (1)
- ISDS (1)
- International Courts and Tribunals (1)
- International Economic Law (1)
- Investment Treaty Arbitration (1)
- Investor-State Arbitration (1)
- Investor-state Dispute Settlement (1)
- LGBT rights (1)
- Market principles (1)
- Pain and suffering damages (1)
- Personal injury cases (1)
- Public Policy (1)
- Social Justice (1)
- Social Security (1)
- Welfare Economics (1)
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
General Theory Of Law And Development, Yong-Shik Lee
General Theory Of Law And Development, Yong-Shik Lee
Cornell International Law Journal
Although scholarship in law and development that explores the relationship between law and social and economic progress has evolved over the last four decades, this area of inquiry remains unfamiliar to many legal scholars, lawyers, and policy makers. Scholars have not yet been able to develop a theory that systematically explains the interrelationship between law and development, which would establish law and development as a robust and coherent academic field. This Article attempts to fill this gap by presenting a general theory that defines the disciplinary parameters of law and development, and explains the mechanisms by which law impacts development. …
Lgbt Rights Are Human Rights: Conditioning Foreign Direct Investments On Domestic Policy Reform, Dara P. Brown
Lgbt Rights Are Human Rights: Conditioning Foreign Direct Investments On Domestic Policy Reform, Dara P. Brown
Cornell International Law Journal
No abstract provided.
Law In Hiding: Market Principles In The Global Legal Order, Odette Lienau
Law In Hiding: Market Principles In The Global Legal Order, Odette Lienau
Cornell Law Faculty Publications
Standing in the background of the global legal order are a range of what might be called “market principles” or “market givens” -- collective presentations or beliefs about how markets work -- which are treated as objective descriptions at a particular time and place. This Article argues that such market givens should be understood as a kind of “law in hiding,” shaping the policy space available to states and other actors and affecting global legal developments in important but unrecognized ways. Drawing on examples from global financial law, rules on capital mobility, and sovereign debt practices, I demonstrate how market …
Law-And-Economics Approaches To Labour And Employment Law, Stewart J. Schwab
Law-And-Economics Approaches To Labour And Employment Law, Stewart J. Schwab
Cornell Law Faculty Publications
This article describes the distinctive approaches that law and economics takes to labour and employment law. The article distinguishes between ‘economic analysis of law’ and ‘law and economics’, with the former applying economic models to generally simple legal rules while the latter blends messier institutional detail with legal and economic thought. The article describes three eras of law-and-economics scholarship, recognizing that economics teaches that markets work and markets fail. Era One emphasizes that labour laws and mandatory employment rules might reduce overall social welfare by preventing a benefit or term from going to the party that values it most highly. …
Pain And Suffering Damages In Personal Injury Cases: An Empirical Study, Yun-Chien Chang, Theodore Eisenberg, Tsung Hsien Li, Martin T. Wells
Pain And Suffering Damages In Personal Injury Cases: An Empirical Study, Yun-Chien Chang, Theodore Eisenberg, Tsung Hsien Li, Martin T. Wells
Cornell Law Faculty Publications
Many jurisdictions award pain and suffering damages, yet it is difficult for judges or juries to quantify pain. Several jurisdictions, such as California, cap pain and suffering damages or other noneconomic damages, and legal scholars have proposed ways to control such damages. Reforms and proposals, however, have been based on limited empirical evidence. It remains an open question whether components of economic damages explain pain and suffering damages. This study employs a unique dataset of Taiwan district court cases and uses detailed information on the components of pecuniary damages. Pain and suffering damages highly correlate with the plaintiff’s medical expenses, …
Putting Distribution First, Robert C. Hockett
Putting Distribution First, Robert C. Hockett
Cornell Law Faculty Publications
It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in …
Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski
Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …
Social Security Is Fair To All Generations: Demystifying The Trust Fund, Solvency, And The Promise To Younger Americans, Neil H. Buchanan
Social Security Is Fair To All Generations: Demystifying The Trust Fund, Solvency, And The Promise To Younger Americans, Neil H. Buchanan
Cornell Journal of Law and Public Policy
The Social Security system has come under attack for having illegitimately transferred wealth from younger generations to the Baby Boom generation. This attack is unfounded, because it fails to understand how the system was altered in order to force the Baby Boomers to finance their own benefits in retirement. Any challenges that Social Security now faces are not caused by the pay-as-you-go structure of the system but by Baby Boomers' other policy errors, especially the emergence of extreme economic inequality since 1980. Attempting to fix the wrong problem all but guarantees a solution that will make matters worse. Generational justice …