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Full-Text Articles in Law

Anti-Constitutional Moments, F.E. Guerra-Pujol Nov 2014

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 …


The Prisoner's Dilemma And The Coase Theorem, F.E. Guerra-Pujol Mar 2014

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 …


A Beautiful Life: Some Lessons For Legal Scholars, F.E. Guerra-Pujol Jun 2013

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 Problem Of Social Replicants: Clones And The Coase Theorem, F.E. Guerra-Pujol Jan 2011

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 Jan 2011

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 Jan 2011

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.