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Full-Text Articles in Law

Welfare Polls: A Synthesis, Matthew D. Adler Dec 2006

Welfare Polls: A Synthesis, Matthew D. Adler

Faculty Scholarship at Penn Law

“Welfare polls” are survey instruments that seek to quantify the determinants of human well-being. Currently, three “welfare polling” formats are dominant: contingent-valuation surveys, QALY surveys, and happiness surveys. Each format has generated a large, specialized, scholarly literature, but no comprehensive discussion of welfare polling as a general enterprise exists. This Article seeks to fill that gap. Part I describes the trio of existing formats. Part II discusses the actual and potential uses of welfare polls in government decisionmaking. Part III analyzes in detail the obstacles that welfare polls must overcome to provide useful well-being information, and concludes that they can ...


Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler Nov 2006

Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler

Faculty Scholarship at Penn Law

How should agencies and legislatures evaluate possible policies to mitigate the impacts of earthquakes, floods, hurricanes and other natural hazards? In particular, should governmental bodies adopt the sorts of policy-analytic and risk assessment techniques that are widely used in the area of environmental hazards (chemical toxins and radiation)? Environmental hazards policy analysis regularly employs proxy tests, in particular tests of technological “feasibility,” rather than focusing on a policy’s impact on well-being. When human welfare does enter the analysis, particular aspects of well-being, such as health and safety, are often given priority over others. “Individual risk” tests and other features ...


Standards Ownership And Competition Policy, Herbert J. Hovenkamp Mar 2006

Standards Ownership And Competition Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Antitrust law is a blunt instrument for dealing with many claims of anticompetitive standard setting. Antitrust fact finders lack the sophistication to pass judgment on the substantive merits of a standard. In any event, antitrust is not a roving mandate to question bad standards. It requires an injury to competition, and whether the minimum conditions for competitive harm are present can often be determined without examining the substance of the standard itself.

When government involvement in standard setting is substantial antitrust challenges should generally be rejected. The petitioning process in a democratic system protects even bad legislative judgments from collateral ...


The Law Of Exclusionary Pricing, Herbert J. Hovenkamp Jan 2006

The Law Of Exclusionary Pricing, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The success of the Areeda-Turner test for predatory pricing and the Supreme Court's adoption of demanding proof requirements in its 1993 Brooke Group decision have made it very difficult for plaintiffs to win conventional predatory pricing claims. While many challenges to exclusionary pricing continue to be made, the legal theory has evolved away from classical predation to a variety of other theories. These include challenges to quantity and market share discounts, single item and package discounts, and various purchasing practices, including slotting fees, overinvestment in fixed cost assets, and overbuying of variable cost inputs. Plaintiffs have enjoyed somewhat greater ...


The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky Jan 2006

The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Restorative Processes & Doing Justice, Paul H. Robinson Jan 2006

Restorative Processes & Doing Justice, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Network Neutrality And The Economics Of Congestion, Christopher S. Yoo Jan 2006

Network Neutrality And The Economics Of Congestion, Christopher S. Yoo

Faculty Scholarship at Penn Law

No abstract provided.


The Uselessness Of Public Use, Abraham Bell, Gideon Parchomovsky Jan 2006

The Uselessness Of Public Use, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.