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Full-Text Articles in Law
Innovation, The State And Private Enterprise: A Corporate Lawyer's Perspective, Charles M. Yablon
Innovation, The State And Private Enterprise: A Corporate Lawyer's Perspective, Charles M. Yablon
Articles
This is a review essay based on an important recent book, The Entrepreneurial State: Debunking Public vs. Private Sector Myths, by Mariana Mazzucato, a Professor of the Economics of Innovation. In that book, Professor Mazzucato explains how the U.S. Government, acting as an “entrepreneurial state” has made the critical investments in technologies that have given rise to multi-billion dollar new industries. Mazzucato argues that only the State currently has the funds and incentives necessary to finance the earliest and most important phases of the innovation process, investments the private sector cannot and will not make. Mazzucato’s defense of the centrality …
Do Bad Things Happen When Works Enter The Public Domain?: Empirical Tests Of Copyright Term Extension, Christopher Buccafusco, Paul J. Heald
Do Bad Things Happen When Works Enter The Public Domain?: Empirical Tests Of Copyright Term Extension, Christopher Buccafusco, Paul J. Heald
Articles
The international debate over copyright term extension for existing works turns on the validity of three empirical assertions about what happens to works when they fall into the public domain. Our study of the market for audio books and a related human subjects experiment suggest that all three assertions are suspect. We demonstrate that audio books made from public domain bestsellers (1913-22) are significantly more available than those made from copyrighted bestsellers (1923-32). We also demonstrate that recordings of public domain and copyrighted books are of equal quality. While a low quality recording seems to lower a listener's valuation of …
Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Articles
Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …
Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky
Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky
Articles
No abstract provided.
Rendered Impracticable: Behavioral Economics And The Impracticability Doctrine, Aaron J. Wright
Rendered Impracticable: Behavioral Economics And The Impracticability Doctrine, Aaron J. Wright
Articles
No abstract provided.
Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder
Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder
Articles
Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all …
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
Articles
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.
Avoidance Theory According To Steve Nickles, David G. Carlson
Avoidance Theory According To Steve Nickles, David G. Carlson
Articles
No abstract provided.
Just So Stories: Posnerian Methodology, Jeanne L. Schroeder
Just So Stories: Posnerian Methodology, Jeanne L. Schroeder
Articles
No abstract provided.
The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David G. Carlson, Jack F. Williams
The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David G. Carlson, Jack F. Williams
Articles
No abstract provided.
Secured Lending As A Zero-Sum Game, David G. Carlson
On The Margins Of Microeconomics, David G. Carlson
Contradiction And Critical Legal Studies, David G. Carlson
Contradiction And Critical Legal Studies, David G. Carlson
Articles
No abstract provided.
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Articles
No abstract provided.
Reforming The Efficiency Criterion: Comments On Some Recent Suggestions, David G. Carlson
Reforming The Efficiency Criterion: Comments On Some Recent Suggestions, David G. Carlson
Articles
No abstract provided.
The Dilemma Of The Local Social Investment: An Essay On 'Socially Responsible' Investing, Edward A. Zelinsky
The Dilemma Of The Local Social Investment: An Essay On 'Socially Responsible' Investing, Edward A. Zelinsky
Articles
No abstract provided.