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Articles 1 - 13 of 13
Full-Text Articles in Law
Anti-Constitutional Moments, F.E. Guerra-Pujol
Anti-Constitutional Moments, F.E. Guerra-Pujol
F.E. Guerra-Pujol
My previous paper “Gödel’s Loophole,” 41 Cap. U. L. Rev. 637 (2013) -- which has been downloaded over 3000 times on SSRN and has been featured on such websites as io9 and Hacker News -- has generated extensive commentary from academics and laypersons alike. Because of the interest in the subject matter of my previous paper on “Gödel’s Loophole,” I have written a new paper titled “Anti-Constitutional Moments” in which I combine legal history and constitutional theory in order to explore in detail an intriguing idea I first put forth in my previous work. In summary, previously I retold the …
Domestic Violence, Strategic Behavior, And Ideological Rent-Seeking, F.E. Guerra-Pujol
Domestic Violence, Strategic Behavior, And Ideological Rent-Seeking, F.E. Guerra-Pujol
F.E. Guerra-Pujol
This paper examines a number of empirical patterns, puzzles, and anomalies relating to the problem of domestic violence that heretofore have been overlooked in the scholarly literature and concludes that domestic violence legislation is the product of ‘ideological rent-seeking’ among issue-oriented pressure groups and, once enacted, often creates perverse incentives for strategic behavior.
Why Don't Juries Try Range Voting?, F.E. Guerra-Pujol
Why Don't Juries Try Range Voting?, F.E. Guerra-Pujol
F.E. Guerra-Pujol
In this paper, the author proposes the use of a simple “range voting” method by juries in which jurors would rate or score on a scale of zero to ten (or some other specified scale) the evidence presented by the parties at trial. The jury’s verdict would thus consist of a numerical value, either the average or the sum total of all the individual scores, which the author refers to as a “range verdict.” Range voting by juries thus produces a numerical verdict, a range verdict, consisting of an average value or total sum, and a plaintiff or other moving …
The Prisoner's Dilemma And The Coase Theorem, F.E. Guerra-Pujol
The Prisoner's Dilemma And The Coase Theorem, F.E. Guerra-Pujol
F.E. Guerra-Pujol
Two of the most important ideas in economics and law are the “Coase Theorem” and the “Prisoner’s Dilemma.” In this paper, we explore the relation between these two influential models through a creative thought-experiment. Specifically, we present a pure Coasean version of the Prisoner’s Dilemma, one in which property rights are well-defined and transactions costs are zero (i.e. the prisoners are allowed to openly communicate and bargain with each other), in order to test the truth value of the Coase Theorem. In addition, we explore what effect (a) uncertainty, (b) exponential discounting, (c) and elasticity have on the behavior of …
The Poker-Litigation Game, F.E. Guerra-Pujol
The Poker-Litigation Game, F.E. Guerra-Pujol
F.E. Guerra-Pujol
Is civil and criminal litigation a search for truth, like science or philosophy, or a game of skill and luck, like the game of poker? Although the process of litigation has been modeled as a Prisoner’s Dilemma, as a War of Attrition, as a Game of Chicken, and even as a simple coin toss, no one has formally modeled litigation as a game of poker. This paper is the first to do so. Specifically, we present a simple “poker-litigation game” and find the optimal strategy for playing this game.
A Beautiful Life: Some Lessons For Legal Scholars, F.E. Guerra-Pujol
A Beautiful Life: Some Lessons For Legal Scholars, F.E. Guerra-Pujol
F.E. Guerra-Pujol
The author reviews Jeremy Adelman's biography of Albert O. Hirschman (Adelman, Worldly Philosopher: The Odyssey of Albert O. Hirschman, Princeton University Press, 2013). In particular, the author considers three episodes in Hirschman's life that not only expose the secret life of the scholar but also offer important lessons about law and legal scholarship generally.
The Creation And Dissolution Of Gran Colombia, F.E. Guerra-Pujol
The Creation And Dissolution Of Gran Colombia, F.E. Guerra-Pujol
F.E. Guerra-Pujol
George Washington and Simón Bolívar not only led successful revolutions against their colonial rulers, these great leaders also oversaw the drafting of concise federal constitutions and were able to establish promising constitutional unions: (i) the creation and ratification of the US Constitution and the integration of 13 separate states into a single nation, and (ii) the creation of a promising South American federal republic, the Republic of Colombia or “Gran Colombia” (1819-1830), consisting of modern-day Colombia, Ecuador, and Venezuela. Despite these similar origins, the subsequent constitutional histories of both regions could not have been more different: one constitution proved to …
Google Law?, F.E. Guerra-Pujol
Google Law?, F.E. Guerra-Pujol
F.E. Guerra-Pujol
In this paper, we discuss the details of our proposed "Google law" or "turing trial" experiment and offer a tentative proof of concept for our alternative model for trying cases and resolving disputes; that is, we tentatively specify the conditions under which our alternative model of justice would work in practice. In addition, we assume the role of a justice entrepreneur and propose the creation of a competitive justice market in place of state-owned courts and the existing government monopoly over the supply of justice. To this end, we explain why a competitive market for justice is not only feasible …
The Problem Of Social Replicants: Clones And The Coase Theorem, F.E. Guerra-Pujol
The Problem Of Social Replicants: Clones And The Coase Theorem, F.E. Guerra-Pujol
F.E. Guerra-Pujol
With the recent news that Ridley Scott will be filming and directing another Blade Runner movie, we thought it fitting to revisit and re-examine the battle of the replicants presented in the original version of the film. Thus, the title of this paper, a play on the words of the title of Ronald Coase’s 1960 paper, “The Problem of Social Costs,” refers to the central conflict presented in the original Blade Runner, the conflict between the fictional human clones or “Nexus-6 replicants” in the film and their creator, Dr. Eldon Tyrell, the reclusive genius who created the clones. Although the …
Chance And Litigation, F.E. Guerra-Pujol
Chance And Litigation, F.E. Guerra-Pujol
F.E. Guerra-Pujol
Is the litigation game as random as a coin toss? In this paper, the author presents the results of his preliminary research regarding the randomness of litigation. Specifically, the author formulates and then tests his “random litigation hypothesis”: the conjecture that the litigation game is a random process with just two possible outcomes, like a coin toss, and that the litigants to a dispute are essentially playing a game of chance when they submit their dispute to a court for resolution.
Life, Love, And Law, F.E. Guerra-Pujol
Life, Love, And Law, F.E. Guerra-Pujol
F.E. Guerra-Pujol
The author begins an "epistolary exchange" with his friend and colleague, Carlitos del Valle, to discuss the relation of law and violence, using David Hume's essay "Of the Original Contract" as a springboard of our exchange.
Insiders Versus Outsiders: A Game-Theoretic Analysis Of The Puerto Rican Status Debate, F.E. Guerra-Pujol
Insiders Versus Outsiders: A Game-Theoretic Analysis Of The Puerto Rican Status Debate, F.E. Guerra-Pujol
F.E. Guerra-Pujol
In this paper, the author reviews some real-world examples of costly and protracted wars of attrition and describes the current debate over Puerto Rico’s constitutional status as a “legislative war of attrition.” In addition, the author presents a two-player as well as an n-player evolutionary war-ofattrition model and discusses this model’s possible application to the Puerto Rican status debate and other legislative, economic, and political stalemates.
Jiangsu, China And Havana, Cuba: A Game-Theoretic Analysis Of Public-Private Contracts In The Water Sector, F.E. Guerra-Pujol
Jiangsu, China And Havana, Cuba: A Game-Theoretic Analysis Of Public-Private Contracts In The Water Sector, F.E. Guerra-Pujol
F.E. Guerra-Pujol
Game theory, a branch of mathematics, has been applied to a wide variety of fields and problems, including military strategy, evolutionary biology, and the law. In this paper, we shall apply a game-theoretic framework to a subset of contracts in the water industry. These contracts are part of a broader political-economic trend: the creation of hybrid “public-“private partnerships,” not only in the water sector, but also in the fields of energy, telecommunications, transportation, and many other areas of the economy. Since a significant fraction of new infrastructure projects are now in the form of public-private joint ventures, and since this …