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Articles 1 - 17 of 17
Full-Text Articles in Law
Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol
Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol
Michigan Law Review
Review of The Atlantic Divide in Antitrust: An Examination of US and EU Competition Policy by Daniel J. Gifford and Robert T. Kudrle.
The Immanent Rationality Of Copyright Law, Shyamkrishna Balganesh
The Immanent Rationality Of Copyright Law, Shyamkrishna Balganesh
Michigan Law Review
Review of What’s Wrong with Copying? by Abraham Drassinower.
Aldous Huxley's Brave New World - Still A Chilling Vision After All These Years, Bob Barr
Aldous Huxley's Brave New World - Still A Chilling Vision After All These Years, Bob Barr
Michigan Law Review
In Part I of this Review, I provide an overview of Brave New World and place it in its proper historical context. In Part II, I explore the parallels between Huxley's World State and post-9/11 America. In Part III, I argue that Brave New World provides prescient warning signs about the dangers of excessive government interference in the economy-warning signs that are of particular importance in the face of the recent economic crisis.
Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag
Nudge, Choice Architecture, And Libertarian Paternalism, Pierre Schlag
Michigan Law Review
By all external appearances, Nudge is a single book-two covers, a single spine, one title. But put these deceptive appearances aside, read the thing, and you will actually find two books-Book One and Book Two. Book One begins with the behavioral economist's view that sometimes individuals are not the best judges of their own welfare. Indeed, given the propensity of human beings for cognitive errors (e.g., the availability bias) and the complexity of decisions that need to be made (e.g., choosing prescription plans), individuals often make mistakes. Enter here the idea of the nudge-the deliberate effort to channel people into …
Rational Choice, Reputation, And Human Rights Treaties, Alex Geisinger, Michael Ashley Stein
Rational Choice, Reputation, And Human Rights Treaties, Alex Geisinger, Michael Ashley Stein
Michigan Law Review
Part I of this Review sets forth Guzman's general theory of international law with specific consideration of the way reputation influences state behavior. Part II then tests Guzman's overarching thesis by applying it to human rights treaties and concludes that explaining states' entry into human rights treaties requires a broader conception of reputation than Rational Choice allows.
The Virtues Of Medicare, Jill R. Horwitz
The Virtues Of Medicare, Jill R. Horwitz
Reviews
Most of us look forward to a heaven where people don't get sick. But if they do, health care would be traded among fully informed patients and providers in perfectly competitive and frictionless markets. In that perfect world, sick citizens simply shop for doctors the way they shop for other consumer goods. The better doctors, like the most elegant hotel rooms and fanciest cars, would cost more than inferior doctors. Patients would consult their utility meters and, with appropriate attention to discounting over an infinite lifetime, choose accordingly. After each treatment, the patients would know the quality of their outcome …
The Debt Dilemma, Katherine Porter
The Debt Dilemma, Katherine Porter
Michigan Law Review
Part I describes the nature of credit card spending and explores the usefulness of Mann's comparative approach to studying credit cards. Part II evaluates Mann's findings on the overall relationships between individual credit card transactions and aggregate levels of spending, borrowing, and bankruptcy. It also briefly analyzes the relationship between his findings and policy recommendations. Part III explores data on families who refrain from credit card use and struggle with serious financial distress. Part IV revisits Mann's policy recommendations in light of this new data. I conclude that implementing credit card reform would offer families only partial, albeit valuable, protection …
The Ghost Of Telecommunications Past, Philip J. Weiser
The Ghost Of Telecommunications Past, Philip J. Weiser
Michigan Law Review
When the canon for the field of information law and policy is developed, Paul Starr's The Creation of the Media will enjoy a hallowed place in it. Like Lawrence Lessig's masterful Code and Other Laws of Cyberspace, Starr's tour de force explains how policymakers have made a series of "constitutive choices" about how to regulate different information technologies that helped to shape the basic architecture of the information age. In so doing, Starr displays the same literary and analytical skill he used in writing the Pulitzer Prizewinning The Social Transformation of American Medicine, the firsthand experience he gained …
Unity And Pluralism In Contract Law, Nathan Oman
Unity And Pluralism In Contract Law, Nathan Oman
Michigan Law Review
It is a cliché of contemporary legal scholarship that, in the last few decades, the study of law has witnessed a vast proliferation of competing theoretical approaches. The old faith in the careful honing of doctrinal concepts and the essential usefulness of legal analysis has given way to a cacophony of competing theoretical sects. Economists, moral philosophers, sociologists, historians, and others have stepped forward to offer the insights of this or that discipline as a new and superior path to legal enlightenment. Perhaps nowhere has this cliché been truer than in the realm of contracts scholarship, where, for a generation, …
Brownell: Legal Aid In The United States., Glenn R. Winters
Brownell: Legal Aid In The United States., Glenn R. Winters
Michigan Law Review
A Review of LEGAL AID IN THE UNITED STATES. By Emery A. Brownell.
Hardman & Neufeld: The House Of Labor, Morris D. Forkosch
Hardman & Neufeld: The House Of Labor, Morris D. Forkosch
Michigan Law Review
A Review of THE HOUSE OF LABOR. By J.B. S. Hardman and Maurice F. Neufeld.
Pashukanis And Vyshinsky: A Study In The Development Of Marxian Legal Theory, Lon L. Fuller
Pashukanis And Vyshinsky: A Study In The Development Of Marxian Legal Theory, Lon L. Fuller
Michigan Law Review
Reading Andrei Y. Vyshinsky's The Law of the Soviet Union ought to be a stimulating and rewarding experience. It is an exposition. of Soviet legal philosophy and of the theory and practice of Soviet public or "state" law. Throughout it purports to compare the premises that underlie Soviet law with those on which ''bourgeois" legal systems are based. Vyshinsky, a famous world figure and the present minister for foreign affairs of the U.S.S.R., wrote part of the book and supervised compiliation of the remainder. The decision of the American Council of Learned Societies to sponsor a translation of the work …
Harris: Saving American Capitalism, Michigan Law Review
Harris: Saving American Capitalism, Michigan Law Review
Michigan Law Review
A Review of SAVING AMERICAN CAPITALISM. Edited by Seymour E. Harris.
Machlup: The Basing Point System, Michigan Law Review
Machlup: The Basing Point System, Michigan Law Review
Michigan Law Review
A Review of THE BASING POINT SYSTEM. By Fritz Machlup
Rostow: A National Policy For The Oil Industry., Michigan Law Review
Rostow: A National Policy For The Oil Industry., Michigan Law Review
Michigan Law Review
A Review of A NATIONAL POLICY FOR THE OIL INDUSTRY. By Eugene V. Rostow.
Douglas On Democracy And Finance -- A Review, Arthur A. Ballantine
Douglas On Democracy And Finance -- A Review, Arthur A. Ballantine
Michigan Law Review
A book by a Justice of the Supreme Court of the United States would be important under any circumstances. Such a publication is of special significance when its author is the youngest member of the Court, with many years of service ahead, and is endowed with unusual character, ability and earnestness of purpose. In these days of change such a book supplies valuable insight into the mental processes and attitude that will enter deeply into the shaping of our institutions.
Dicey's Law Of The Constitution: A Review, William A. Robson
Dicey's Law Of The Constitution: A Review, William A. Robson
Michigan Law Review
The first edition of this celebrated work appeared in 1885; and such was its vogue until ten or fifteen years ago that there is scarcely anyone over thirty-five years of age who studied law, politics or constitutional history at a university or professional law school in England and the British Dominions who was not "brought up" on Dicey. "Dicey on the Constitution" was regarded for generations not merely as a perfect, accurate and comprehensive statement of the principles of the British system of government; but also as a reliable explanation of its superior virtues and liberties. The book attained an …