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Articles 4321 - 4350 of 6510
Full-Text Articles in Law
Brussels I: A Race To The Top, Nicole Goldstein
Brussels I: A Race To The Top, Nicole Goldstein
Chicago Journal of International Law
The idea for Brussels I sprang from a concern by European justice ministers that e-commerce was lagging in Europe. The European Commission attributed the dearth of online purchases to consumer fear, an opinion about which they have been very forthright in press statements as well as at the debates over the law. Given that consumer groups in Europe have been pushing for the right to sue companies in the consumer's home country, the EU ministers hope that the elasticity of the new jurisdictional regulation will spur e-commerce by bolstering consumer confidence. Many business owners, however, see Brussels I as a …
Courts Should Not Enforce Government Contracts, Eric A. Posner
Courts Should Not Enforce Government Contracts, Eric A. Posner
Coase-Sandor Institute for Law & Economics Research Paper Series
Most scholars believe that courts should enforce government contracts, though they disagree about the extent to which liability or damages rules should trade off relevant considerations – the problem of governments holding up contractors, on the one hand, and the problem of governments using contracts in order to defer costs to future governments, on the other hand. These scholars, however, overestimate the ability of courts to affect policy outcomes. Courts cannot increase the welfare of current or future generations by enforcing government contracts. The reason is that enforcing contracts can benefit future generations only by increasing the credibility of their …
The Allocation Of The Commons: Parking And Stopping On The Commons, Richard A. Epstein
The Allocation Of The Commons: Parking And Stopping On The Commons, Richard A. Epstein
Public Law and Legal Theory Working Papers
The economic forces governing transitions between different property rights regimes has been the source of extensive study since Demsetz’s path breaking 1967 essay, “Toward a Theory of Property Rights.” This paper offers first a general critique of that position, chiefly on the ground that it underestimates the practical difficulties of orchestrating efficient transitions in contexts where strong political forces are at play. Thereafter, the paper explores the movement among various systems that are used to allocate a particular public good, namely parking places on public streets. It examines both bottom-up systems that rely on analogues to the rule of first …
In And Out Of Public Solution: The Hidden Perils Of Property Transfer, Richard A. Epstein
In And Out Of Public Solution: The Hidden Perils Of Property Transfer, Richard A. Epstein
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, David Schkade, Ilana Ritov
Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, David Schkade, Ilana Ritov
Coase-Sandor Institute for Law & Economics Research Paper Series
When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is category-bound. When people see a case in isolation, they spontaneously compare it to other cases that are mainly drawn from the same category of harms. When people are required to compare cases that involve different kinds of harms, judgments that appear sensible when the problems are considered separately often appear incoherent and arbitrary in the broader context. Another major source of incoherence …
Pursuing A Remedy In Microsoft: The Declining Need For Centralized Coordination In A Networked World, Randal C. Picker
Pursuing A Remedy In Microsoft: The Declining Need For Centralized Coordination In A Networked World, Randal C. Picker
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
In The United States Court Of Appeals For The Fourteenth Circuit, Richard A. Posner
In The United States Court Of Appeals For The Fourteenth Circuit, Richard A. Posner
Articles
No abstract provided.
Regulating Risks After Ata, Cass R. Sunstein
Regulating Risks After Ata, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
Whitman v. American Trucking Association was one of the most eagerly awaited regulatory decisions in many years. But the Court’s understated, steady, lawyerly opinion was a bit of an anticlimax, representing a return to normalcy and leaving many open questions. The Court was correct to say that the relevant provision of the Clean Air Act forbids consideration of cost; it was also correct to refuse to invoke the nondelegation doctrine. Importantly, the Court left in place a set of important lower court decisions, allowing agencies to consider costs unless Congress expressly concludes otherwise. The Court also raised some new questions …
Social And Economic Rights? Lessons From South Africa, Cass R. Sunstein
Social And Economic Rights? Lessons From South Africa, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
The Laws Of Fear, Cass R. Sunstein
The Laws Of Fear, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
Cognitive and social psychologists have uncovered a number of features of ordinary thinking about risk. Giving particular attention to the work of Paul Slovic, this review-essay explores how an understanding of human cognition bears on law and public policy. The basic conclusion is that people make many mistakes in thinking about risk and that sensible policies, and sensible law, will follow statistical evidence, not ordinary people. The discussion explores the use of heuristics, the effects of cascades, the role of emotions, demographic differences, the role of trust, and the possibility that ordinary people have a special “rationality” distinct from that …
The Market For Federal Judicial Law Clerks, Alvin E. Roth, Richard A. Posner, Christopher Avery, Christine Jolls
The Market For Federal Judicial Law Clerks, Alvin E. Roth, Richard A. Posner, Christopher Avery, Christine Jolls
Coase-Sandor Institute for Law & Economics Research Paper Series
In September 1998, the Judicial Conference of the United States abandoned its latest attempt to regulate the timing of interviews and offers in the law clerk selection process. This paper surveys the further unraveling of the market since then, makes comparisons with other entry level professional labor markets, and evaluates some possibilities for reform.
Bankruptcy Decision Making, Edward Morrison, Douglas G. Baird
Bankruptcy Decision Making, Edward Morrison, Douglas G. Baird
Coase-Sandor Institute for Law & Economics Research Paper Series
When a firm encounters financial distress, there is a significant possibility that, at some point, the firm itself should be shut down and its assets put to a better use. But Chapter 11 and indeed all market-mimicking reorganization regimes other than a speedy auction entrust the shutdown decision to a bankruptcy judge who lacks information and expertise, as well as the ability to control the timing of her decisions. Understanding the costs of entrusting the shutdown decision to a bankruptcy judge is central to assessing any law of corporate reorganizations. This paper models the shutdown decision as the exercise of …
Fundamental Human Rights In Medieval Law, Richard H. Helmholz
Fundamental Human Rights In Medieval Law, Richard H. Helmholz
Fulton Lectures
No abstract provided.
Institutional Lessons From The 2000 Presidential Election, Elizabeth Garrett
Institutional Lessons From The 2000 Presidential Election, Elizabeth Garrett
Public Law and Legal Theory Working Papers
No abstract provided.
Lessons For The Future Of Affirmative Action From The Past Of The Religion Clauses?, Mary Anne Case
Lessons For The Future Of Affirmative Action From The Past Of The Religion Clauses?, Mary Anne Case
Public Law and Legal Theory Working Papers
No abstract provided.
Ten Truths About Tax Shelters, David A. Weisbach
Ten Truths About Tax Shelters, David A. Weisbach
Coase-Sandor Institute for Law & Economics Research Paper Series
This paper advances ten propositions about tax shelters and tax avoidance. The first four propositions argue that tax shelters must be analyzed solely by the consequences of shelters and the responses, rejecting reasoning based on notions such as the right to tax plan, legitimate tax planning, or statutory interpretation. The next three propositions analyze the consequences of tax shelters by viewing shelters as unintentional gaps in the tax base and attacks on shelters as similar to broadening the base. At the margin, the benefits of broadening the base must be set equal to the administrative costs of doing so and …
What Has The Visual Arts Rights Act Of 1990 Accomplished?, William M. Landes
What Has The Visual Arts Rights Act Of 1990 Accomplished?, William M. Landes
Coase-Sandor Institute for Law & Economics Research Paper Series
This paper presents an economic analysis of the Visual Arts Rights Act of 1990 (VARA) which provides attribution and integrity rights, commonly called moral rights, for defined types of artistic works. The paper shows that these laws may actually harm artists by adding contracting and transaction costs in the art market. For most works, these costs will be trivial because collectors have a strong self-interest in preserving the works in good condition. These costs are likely to be significant, however, for works subject to destruction or alteration in the future, such as sitespecific works and works installed in buildings, because …
Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations., Jill Elaine Hasday
Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations., Jill Elaine Hasday
Public Law and Legal Theory Working Papers
The American law of parent and child is conventionally understood to be extremely deferential to parental prerogatives and highly reluctant to intervene. But this picture, endorsed by legal authorities and popular commentators from the nineteenth century to the present day, reflects only one tradition in the law’s regulation of parenthood. Since the last quarter of the nineteenth century, there has also been massive legal intervention into the parental relation. This second legal tradition, moreover, has been guided by norms wholly different from those conventionally associated with family law, often evincing a radical suspicion of parental autonomy and an eager willingness …
Social And Economic Rights? Lessons From South Africa, Cass R. Sunstein
Social And Economic Rights? Lessons From South Africa, Cass R. Sunstein
Public Law and Legal Theory Working Papers
No abstract provided.
Treaties, Human Rights, And Conditional Consent, Jack L. Goldsmith, Curtis A. Bradley
Treaties, Human Rights, And Conditional Consent, Jack L. Goldsmith, Curtis A. Bradley
Public Law and Legal Theory Working Papers
No abstract provided.
The Repercussions In The European Union Of The Netherlands' Same-Sex Marriage Law, Nicholas J. Patterson
The Repercussions In The European Union Of The Netherlands' Same-Sex Marriage Law, Nicholas J. Patterson
Chicago Journal of International Law
On September 12, 2000, by a lopsided 190 to 33 vote in the lower house of Parliament, the Netherlands became the first country to allow same-sex couples to marry on the same terms as heterosexual couples. The measure had the support of all of the parties in the ruling coalition and even some members of the conservative opposition. On December 19, 2000, the marriage law was approved by the upper house of parliament by a vote of 49 to 26.2 After approval by the upper house, the bill was signed into law by Queen Beatrix on December 21, 2000, and …
Who Then Should Judge? Developing The International Rule Of Law Under Nafta Chapter 11, Charles N. Brower, Lee A. Steven
Who Then Should Judge? Developing The International Rule Of Law Under Nafta Chapter 11, Charles N. Brower, Lee A. Steven
Chicago Journal of International Law
The only potentially unique aspect of NAFTA Chapter 11 is that the governments of two nations with developed economies agreed to enter into an investment protection treaty between themselves. The overwhelming majority of BITs to date have been North to South, between capital-exporting countries and capital-importing countries, and the private investors who actually have benefited from such treaties have been those from the North. Practically speaking, countries such as Canada and the United States simply have not had to worry that they would ever have to defend a claim in arbitration under a BIT. The cross-border investment flows between Canada …
Issues In Implementing Referendums In Israel: A Comparative Study In Direct Democracy, Elizabeth Garrett
Issues In Implementing Referendums In Israel: A Comparative Study In Direct Democracy, Elizabeth Garrett
Chicago Journal of International Law
In Israel's case, however, the framework for direct democracy will be developed in the shadow of highly emotional issues that will be its first subjects. Thus, many of the key issues of implementation will necessarily be resolved on the basis of political factors relating to the peace agreements, even if the referendum law is phrased broadly to provide rules for other popular elections. When the Knesset deliberates enacting a basic law relating to referendums, its members should consider the experience of other democracies in light of Israel's unique political situation. In this article, I will discuss three kinds of implementation …
Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Robert K. Rasmussen, Douglas G. Baird
Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Robert K. Rasmussen, Douglas G. Baird
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Controlling Agencies With Cost-Benefit Analysis: A Positive Political Theory Perspective, Eric A. Posner
Controlling Agencies With Cost-Benefit Analysis: A Positive Political Theory Perspective, Eric A. Posner
Coase-Sandor Institute for Law & Economics Research Paper Series
Cost-benefit analysis is analyzed using a model of agency delegation. In this model an agency observes the state of the world and issues a regulation, which the president may approve or reject. Cost-benefit analysis enables the president to observe the state of the world (in one version of the model), or is a signal that an agency may issue (in another version). The roles of the courts, Congress, and interest groups are also considered. It is argued that the introduction of cost-benefit analysis increases the amount of regulation, including the amount of regulation that fails cost-benefit analysis; that the president …
The Justice Cascade: The Evolution And Impact Of Foreign Human Rights Trials In Latin America, Ellen Lutz, Kathryn Sikkink
The Justice Cascade: The Evolution And Impact Of Foreign Human Rights Trials In Latin America, Ellen Lutz, Kathryn Sikkink
Chicago Journal of International Law
From a political point of view, it would have been easier to try Astiz in 1982 than Pinochet in 1999. Astiz was a mid-level naval officer of a country then at war with Britain. Trying him for human rights violations would have given substance to the British government's rhetoric about the repressive nature of the Argentine regime. Pinochet was a former head of state and current senator-for-life of a country that had supported Great Britain during the Falklands/Malvinas War. This Article examines what changed between 1982 and 1999 that made Pinochet's arrest in Britain possible. We address two main questions: …
Considerations Of Nafta Chapter 11, Maximo Romero Jimenez
Considerations Of Nafta Chapter 11, Maximo Romero Jimenez
Chicago Journal of International Law
The North American Free Trade Agreement ("NAFTA") entered into force in January 1994. For Mexico, this was an important step. Before NAFTA, all foreign investor disputes were resolved in domestic administrative tribunals and judicial courts because Mexico did not recognize international claims by foreign investors. Since NAFTA, however, Mexico has changed its policy and now allows investors of the other NAFTA Party to submit a claim against it before an international tribunal for breach of its obligations under NAFTA Chapter 11. NAFTA Chapter Eleven is divided in two sections: Section A contains the substantive rules such as National Treatment, Minimum …
International Law, Human Rights Beneficiaries, And South Africa: Some Thoughts On The Utility Of International Human Rights Law, Ronald C. Slye
International Law, Human Rights Beneficiaries, And South Africa: Some Thoughts On The Utility Of International Human Rights Law, Ronald C. Slye
Chicago Journal of International Law
In the field of international law, a rich body of scholarship has developed among social scientists, international relations theorists, and legal academics focusing on the relationship between international law and the behavior of stares. That inquiry, however, has primarily focused on the impact of law on the behavior of states vis-i-vis each other (or on the behavior of sub-state institutions, such as courts or parliaments), and not directly on the impact of law on the individuals within those states. This is not surprising, given that international law was traditionally understood to have as its subject and object the nation-state, with …
Customary International Law And Torture: The Case Of India, A. Mark Weisburd
Customary International Law And Torture: The Case Of India, A. Mark Weisburd
Chicago Journal of International Law
This paper examines the contradiction between statements from well-respected sources regarding customary international law as it bears on torture and the actual behavior of states as to torture. It does so by focusing on one state, India. The purpose of the paper is both to make clear the conflict between state behavior and rules that are supposed to be law and to reflect on some of the implications of and conundrums raised by this situation. This paper will discuss the claim that prohibitions against torture and violations of human rights are a part of customary international law, suggesting that they …
The Iran-United States Claims Tribunal, Nafta Chapter 11, And The Doctrine Of Indirect Expropriation, Maurizio Brunetti
The Iran-United States Claims Tribunal, Nafta Chapter 11, And The Doctrine Of Indirect Expropriation, Maurizio Brunetti
Chicago Journal of International Law
This essay takes its cue from the recent Interim Award rendered under Chapter 11 of the North American Free Trade Agreement ("NAFTA") on June 26, 2000 in Pope & Talbot, Inc v Canada. Pope & Talbot implied that the awards of the Iran-United States Claims Tribunal concerning expropriation were not relevant to the interpretation of the expropriation provisions of Chapter 11 of NAFTA. My aim here is to explain why, contrary to this suggestion, the precedents of the Iran-United States Claims Tribunal are legitimate and helpful sources of law in NAFTA Chapter 11 disputes.