Law Commons^™

Legal Education In Pakistan: The Domination Of Practitioners And The "Critically Endagered" Academic, Osama Siddique

Journal of Legal Education

No abstract provided.

The Professor And The Judge: Introducing First-Year Students To The Law In Context, Michael B. Mushlin, Lisa Margaret Smith

Journal of Legal Education

No abstract provided.

India's State Of Legal Education: The Role From Nlsiu To Jindal, Deepa Badrinarayana

Journal of Legal Education

No abstract provided.

Is Law School Worth The Cost?, Brian Z. Tamanaha

Journal of Legal Education

No abstract provided.

Book Review Of Failing Law Schools, By Brian Z. Tamanaha, David Burk

Journal of Legal Education

No abstract provided.

Buyers' Remorse? An Empirical Assessment Of The Desirability Of A Lawyer Career, Ronit Dinovitzer, Bryant G. Garth, Joyce S. Sterling

Journal of Legal Education

No abstract provided.

Book Review Of Why The Law Is So Perverse, By Leo Katz, Peter H. Huang

Journal of Legal Education

No abstract provided.

Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris

Pepperdine Law Review

No abstract provided.

The Inherent Instability Of The Financial System, Kim De Glossop

The Journal of Business, Entrepreneurship & the Law

The article explores one of the causes of the financial crisis of 2008 and of financial crises generally. The argument of the paper is that rather than tend toward equilibrium, financial and asset markets have a tendency to become unstable after prolonged periods of stability. The main driver of this process is the expansion of credit. Debt feeds its way into higher asset prices which in turn justify the accumulation of more debt to purchase further assets, and so on. The basis for the idea is Hyman Minsky's Financial Instability Hypothesis, itself a reinterpretation of The General Theory of Employment, …

Continuing The Conversation Of "The Economic Irrationality Of The Patent Misuse Doctrine", Christa J. Laser

Chicago-Kent Journal of Intellectual Property

This Article uses economic tools to find the best way for courts to construe or for Congress to modify the patent misuse doctrine. It attempts to continue the conversation begun by Professor Mark Lemley in his often-cited Comment, The Economic Irrationality of the Patent Misuse Doctrine. It argues that a partial economic equilibrium in patent misuse doctrine can be achieved by attempting to match Congress’s intended patent scope with the actual patent scope. It then holds that the ideal patent misuse doctrine should (1) adequately discourage patentees from seeking to exceed their patent scope while (2) continuing to encourage innovation …

Law And Economics: Is There A Higher Law?, Kenneth G. Elzinga

Pepperdine Law Review

No abstract provided.

Training Lawyers For A Globalized World In Economic Crises, Bertrand Du Marais

Journal of Legal Education

No abstract provided.

A Contractual Approach To Shareholder Oppression Law, Benjamin Means

Fordham Law Review

No abstract provided.

The Genius Of Roman Law From A Law And Economics Perspective, Juan Javier Del Granado

San Diego International Law Journal

The Article is organized as follows: The first part of this Article will introduce Roman private law, and sketch out the law and economics methodology to be applied to the Roman classical system. The second part of this Article will discuss the Roman private law of property, obligations, as well as commerce and finance. The third part will discuss the interaction of private law and private morality in the construction of Roman social order. The fourth part of this Article will discuss private procedural aspects of the Roman legal system. The fifth and final part of this Article will discuss …

The Primacy Of Society And The Failures Of Law And Development, Brian Z. Tamanaha

Cornell International Law Journal

No abstract provided.

Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle

University of Colorado Law Review

Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land tenure-the use right-and argues that those tribes that historically recognized use rights in land might benefit from increased reliance on these traditional customs. The Comment argues that in the tribal context, use rights can potentially be just as economically efficient, if not more so, than the Anglo- American system of unqualified, …

When Are Law And Economics Isomorphic?, John Cirace

Golden Gate University Law Review

The legal community generally views the way in which judges decide cases as a rational decision process. However, the concept of judicial rationality is ambiguous, because judges use two rational decision processes: legal rationality and economic rationality. Legal rationality is based on the principle of precedent, or stare decisis, which requires that judges decide like cases alike. Judges determine whether cases are like or distinguishable through the construction of legal classifications and through recognition of factual similarities and differences.

Rethinking Legal Education In Hard Times: The Recession, Practical Legal Education, And The New Job Market, Daniel Thies

Journal of Legal Education

No abstract provided.

Response: Time To Collaborate On Lawyer Development, Scott Westfahl

Journal of Legal Education

No abstract provided.

Response: More Complicated Than We Think, Judith Welch Wegner

Journal of Legal Education

No abstract provided.

Economics Of Law As Choice Of Law, Ralf Michaels

Law and Contemporary Problems

No abstract provided.

Taking Finance Seriously: How Debt Financing Distorts Bidding Outcomes In Corporate Takeovers, Robert P. Bartlett Iii

Fordham Law Review

Economic analysis of corporate takeovers has traditionally advocated legal doctrines that ensure a target company in a takeover contest is acquired by the bidder willing to pay the most for it. The reason stems from the conventional assumption that a bidder's offer price should reflect its ability to put a target's assets to productive use. This Article challenges this assumption by turning to the success of private equity firms in outbidding publicly traded, strategic bidders during the takeover wave of 2004 to 2007. Using standard valuation modeling, this Article reveals how a critical component of any bidder's valuation of a …

Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Introduction To Law And Economic Development In Latin America: A Comparative Approach To Legal Reform, Thomas H. Hill

Chicago-Kent Law Review

No abstract provided.

“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll

American University Law Review

Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …

The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter

Fordham Law Review

No abstract provided.

Duty In Tort Law: An Economic Approach, Keith N. Hylton

Fordham Law Review

No abstract provided.

A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A New Economics Of Trademarks, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.

This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …

The Substantive Politics Of Formal Corporate Power, Martha T. Mccluskey

Buffalo Law Review

Corporations increasingly dominate the U.S. civil justice system, as Marc Galanter explains in his recent article, Planet of the APs: Reflections on the Scale of Law and its Users, 53 Buffalo L. Rev. 1369 (2006). My article builds on Galanter's discussion of corporate legal power by subjecting it to a critical legal perspective. In the conventional legal framework, corporations' privileged position appears to be an intractable puzzle, not an urgent injustice. That is because corporate power seems to be the generally necessary byproduct of a generally benign form (large, complex, legalistic organizations) or of generally benign, widely-shared normative principles (economic …