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The U.S Constitution: The Original American Dream, Judith S. Kaye
The U.S Constitution: The Original American Dream, Judith S. Kaye
Pace Law Review
Adapted from Remarks delivered at Law Day ceremonies May 1, 1996, at Court of Appeals Hall, Albany, New York.
Judicial Choice And Disparities Between Measures Of Economic Values, David S. Cohen
Judicial Choice And Disparities Between Measures Of Economic Values, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
An important idea, which characterizes law in society, is a reluctance to move from the status quo. In general, one can argue that legal institutions and legal doctrine are not engaged in the redistribution of wealth from one party to another. This paper explores a possible explanation for that principle. The authors' research suggests that, across a wide range of entitlements and in a variety of contexts, individuals value losses more than foregone gains. The paper argues, as a matter of efficiency, that law and social policy might have developed in a manner consistent with this valuation disparity. Furthermore, this …