Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (4)
- Criminal Law (4)
- Law and Economics (4)
- Civil Procedure (2)
- Courts (2)
-
- Dispute Resolution and Arbitration (2)
- Public Law and Legal Theory (2)
- Social and Behavioral Sciences (2)
- Torts (2)
- Behavioral Economics (1)
- Business Organizations Law (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Criminology and Criminal Justice (1)
- Economics (1)
- Judges (1)
- Jurisdiction (1)
- Law and Politics (1)
- Legal Education (1)
- Legal History (1)
- Legal Remedies (1)
- Legal Studies (1)
- Litigation (1)
- Rule of Law (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 22 of 22
Full-Text Articles in Law
The Price Of Fairness, Christopher Buccafusco, Daniel Hemel, Eric Talley
The Price Of Fairness, Christopher Buccafusco, Daniel Hemel, Eric Talley
Faculty Scholarship
The COVID-19 pandemic led to acute supply shortages across the country as well as concerns over price increases amid surging demand. In the process, it reawakened a debate about whether and how to regulate “price gouging”—a controversy that continues as inflation has accelerated even as the pandemic abates. Animating this debate is a longstanding conflict between laissez-faire economics, which champions price fluctuations as a means to allocate scarce goods, and perceived norms of consumer fairness, which are thought to cut strongly against sharp price hikes amid shortages.
This Article provides a new, empirically grounded perspective on the price gouging debate …
Enhancing Judicial Institutions: Enhancing Economic Development, Stephane Alia Haisley
Enhancing Judicial Institutions: Enhancing Economic Development, Stephane Alia Haisley
Duke Law Master of Judicial Studies Theses
Since the 1980s, scholars and development banks have recognized the link between judicial institutions and economic growth. This thesis proposes to explore the role of judicial institutions in the performance of economies and questions whether enhancing judicial institutions can result in enhancing economic development in developing countries. Since the 1990s development banks have explored the role of judicial institutions in the quest for economic development. Both the World Bank and the International Monetary Fund (IMF) have done this through the pursuit of judicial reform efforts in countries with ailing economies. The focus has been on improving the efficiency of the …
Culpability And Modern Crime, Samuel W. Buell
Culpability And Modern Crime, Samuel W. Buell
Faculty Scholarship
Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes of others. Examples include modern understandings of fraud, extortion, and bribery, which pivot on the concepts of deception, coercion, and improper influence. Sometimes core offenses develop to include similar concepts, such as when reforms in the law of sexual assault make consent almost exclusively material. Many of these projects are laudable. But progressive programs in substantive criminal law can raise difficult problems of culpability. Modern iterations of criminal offenses often draw lines using concepts involving relative mental states among persons whose conduct is embedded …
“One Size Can Fit All” – On The Mass Production Of Legal Transplants, Ralf Michaels
“One Size Can Fit All” – On The Mass Production Of Legal Transplants, Ralf Michaels
Faculty Scholarship
Law reformers like the World Bank sometimes suggest that optimal legal rules and institutions can be recognized and then be recommended for law reform in every country in the world. Comparative lawyers have long been skeptical of such views. They point out that both laws and social problems are context-specific. What works in one context may fail in another. Instead of “one size fits all,” they suggest tailormade solutions.
I challenge this view. Drawing on a comparison with IKEA’s global marketing strategy, I suggest that “one size fits all” can sometimes be not only a successful law reform strategy, but …
Protecting The Right Of Citizens To Aggregate Small Claims Against Businesses, Paul D. Carrington
Protecting The Right Of Citizens To Aggregate Small Claims Against Businesses, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Pragmatic Court: Reinterpreting The Supreme People’S Court Of China, Taisu Zhang
The Pragmatic Court: Reinterpreting The Supreme People’S Court Of China, Taisu Zhang
Faculty Scholarship
This Article examines the institutional motivations that underlie several major developments in the Supreme People's Court of China's recent policy-making. Since 2007, the SPC has sent off a collection of policy signals that escapes sweeping ideological labeling: it has publically embraced a populist view of legal reform by encouraging the use of mediation in dispute resolution and popular participation in judicial policy-making, while continuing to advocate legal professionalization as a long-term policy objective. It has also eagerly attempted to enhance its own institutional competence by promoting judicial efficiency, simplifying key areas of civil law, and expanding its control over lower …
The Functionalism Of Legal Origins, Ralf Michaels
The Functionalism Of Legal Origins, Ralf Michaels
Faculty Scholarship
This article, written on request for the centennial issue of Ius Commune Europaeum, connects the economic literature on legal origins (La Porta et al) and the World Bank's Doing Business reports with discussions in comparative law about the functional method. It finds that a number of parallels and similarities exist, and that much of the criticism that has been voiced against functionalism should apply, mutates mutants, also to these more recent projects. The attraction that these projects have derive not, it is argued, from their methodological sophistication, but instead from "the strange lure of economics" and from the ostentatious objectivity …
Comparative Law By Numbers? Legal Origins Thesis, Doing Business Reports, And The Silence Of Traditional Comparative Law, Ralf Michaels
Comparative Law By Numbers? Legal Origins Thesis, Doing Business Reports, And The Silence Of Traditional Comparative Law, Ralf Michaels
Faculty Scholarship
The legal origins thesis -- the thesis that legal origin impacts economic growth and the common law is better for economic growth than the civil law -- has created hundreds of papers and citation numbers unheard of among comparative lawyers. The Doing Business reports -- cross-country comparisons including rankings on the attractiveness of different legal systems for doing business -- have the highest circulation numbers of all World Bank Publications; even critics admit that they have been successful at inciting legal reform in many countries in the world. Yet, traditional comparative lawyers have all but ignored these developments.
The first …
A Response To The Critics Of Corporate Criminal Liability, Sara Sun Beale
A Response To The Critics Of Corporate Criminal Liability, Sara Sun Beale
Faculty Scholarship
This essay responds to critics of corporate liability and to the claim that elimination or limitation of such liability should be a priority for law reform. It discusses four points. First, imposing criminal liability on corporations makes sense, because corporations are not mere “fictional” entities. Rather, corporations are very real – and enormously powerful – actors whose conduct often causes very significant harms both to individuals and to society as a whole. Second, in evaluating the priorities for law reform it is critical to recognize that most of the problems with corporate liability are endemic to U.S. criminal law, rather …
Curricula And Complacency: A Response To Professor Levinson, Ernest A. Young
Curricula And Complacency: A Response To Professor Levinson, Ernest A. Young
Faculty Scholarship
No abstract provided.
Frivolous Litigation And Civil Justice Reform: Miscasting The Problem, Recasting The Solution, Deborah L. Rhode
Frivolous Litigation And Civil Justice Reform: Miscasting The Problem, Recasting The Solution, Deborah L. Rhode
Duke Law Journal
No abstract provided.
Whither Securities Regulation? Some Behavioral Observations Regarding Proposals For Its Future, Robert Prentice
Whither Securities Regulation? Some Behavioral Observations Regarding Proposals For Its Future, Robert Prentice
Duke Law Journal
Respected commentators have floated several proposals for startling reforms of America's seventy-year-old securities regulation scheme. Many involve substantial deregulation with a view toward allowing issuers and investors to contract privately for desired levels of disclosure and fraud protection. The behavioral literature explored in this Article cautions that in a deregulated securities world it is exceedingly optimistic to expect issuers voluntarily to disclose optimal levels of information, securities intermediaries such as stock exchanges and stockbrokers to appropriately consider the interests of investors, or investors to be able to bargain efficiently for fraud protection.
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Law and Contemporary Problems
Cox discusses six fundamental tenets that should guide the regulation of public offerings of securities. It is assumed that regulation is to be re-examined from the ground up, with no political or regulatory constraints.
Consensus Versus Incentives: A Skeptical Look At Regulatory Negotiation, Susan Rose-Ackerman
Consensus Versus Incentives: A Skeptical Look At Regulatory Negotiation, Susan Rose-Ackerman
Duke Law Journal
No abstract provided.
Management, Control, And The Dilemmas Of Presidential Leadership In The Modern Administrative State, Daniel B. Rodriguez
Management, Control, And The Dilemmas Of Presidential Leadership In The Modern Administrative State, Daniel B. Rodriguez
Duke Law Journal
No abstract provided.
Is Efficient Government An Oxymoron?, Paul R. Verkuil
Is Efficient Government An Oxymoron?, Paul R. Verkuil
Duke Law Journal
No abstract provided.
Better Regulations: The National Performance Review’S Regulatory Reform Recommendations, Jeffrey S. Lubbers
Better Regulations: The National Performance Review’S Regulatory Reform Recommendations, Jeffrey S. Lubbers
Duke Law Journal
No abstract provided.
Understanding The Malpractice Wars, Thomas B. Metzloff
Understanding The Malpractice Wars, Thomas B. Metzloff
Faculty Scholarship
No abstract provided.
Foreword: The Scientific Study Of Legal Institutions, Paul D. Carrington
Foreword: The Scientific Study Of Legal Institutions, Paul D. Carrington
Law and Contemporary Problems
No abstract provided.
Foreword: The Scientific Study Of Legal Institutions, Paul D. Carrington
Foreword: The Scientific Study Of Legal Institutions, Paul D. Carrington
Law and Contemporary Problems
No abstract provided.
Medical Malpractice And The Contract/Tort Boundary, P. S. Atiyah
Medical Malpractice And The Contract/Tort Boundary, P. S. Atiyah
Law and Contemporary Problems
No abstract provided.
Main Trends In The Soviet Reform Of Criminal Law, Kazimierz Grzybowski
Main Trends In The Soviet Reform Of Criminal Law, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.