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Full-Text Articles in Law

Avoidance Theory According To Steve Nickles, David Gray Carlson Jan 2001

Avoidance Theory According To Steve Nickles, David Gray Carlson

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No abstract provided.


Just So Stories: Posnerian Methodology, Jeanne L. Schroeder Jan 2001

Just So Stories: Posnerian Methodology, Jeanne L. Schroeder

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No abstract provided.


Law, Economics, Andthe Skeleton Of Value Fallacy, Kyron Huigens Jan 2001

Law, Economics, Andthe Skeleton Of Value Fallacy, Kyron Huigens

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Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.


E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman Jan 2001

E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman

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A conference titled "New Perspectives on Evidence: Experts, Empirical Study and Economics" has a pronounced alliterative theme, a theme made even more apparent when, inevitably in evidentiary discourse, epistemological questions come to the fore. It is enough to make one suspect that the conference is secretly brought to you by the letter "E," hiding behind its public front, the Olin Foundation. Putting aside such conspiratorial thoughts, all these "E's" suggest the presence of a meta-"E"-Eclecticism. Indeed, I believe this conference has demonstrated the need for an eclectic approach to evidentiary problems. That should be no surprise. The ...