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Articles 1 - 22 of 22
Full-Text Articles in Law
The American Experience With Employee Noncompete Clauses: Constraints On Employees Flourish And Do Real Damage In The Land Of Economic Liberty, Kenneth G. Dau-Schmidt, Xiaohan Sun, Phillip J. Jones
The American Experience With Employee Noncompete Clauses: Constraints On Employees Flourish And Do Real Damage In The Land Of Economic Liberty, Kenneth G. Dau-Schmidt, Xiaohan Sun, Phillip J. Jones
Articles by Maurer Faculty
Agreements not to compete are generally an anathema to free market advocates. Independent profit maximization is one of the fundamental assumptions of the neoclassical economic model and necessary to its conclusion that markets yield results that are Paraeto efficient. Consistent with this theory, and practical experience, agreements among competitors, or potential competitors, to divide a market, or fix price or quantity are per se violations under our antitrust laws.
Despite this fact, even some ardent free market advocates have argued on behalf of the enforcement of covenants not to compete in the employment relationship. The traditional economic argument in favor …
Evolution Of Rules In A Common Law System: Differential Litigation Of The Fee Tail And Other Perpetuities, Jeffrey E. Stake
Evolution Of Rules In A Common Law System: Differential Litigation Of The Fee Tail And Other Perpetuities, Jeffrey E. Stake
Articles by Maurer Faculty
This paper presents a variation on the Rubin-Priest theory of the evolution of common law rules toward efficiency. It offers the fee tail and similar restraints on alienation as examples of how inefficient rules can lead to inefficient uses of land, which cause owners to seek the help of courts in freeing their lands from the inefficient constraints. In other words, there is a feedback loop that provides courts with opportunities to overturn inefficient common law rules. We should expect this common law drift toward efficiency to be stronger for property rules than for tort rules. Because efficient property rules …
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder
Articles by Maurer Faculty
No abstract provided.
Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley
Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The Case Of Natural Obligations, David V. Snyder
The Case Of Natural Obligations, David V. Snyder
Articles by Maurer Faculty
No abstract provided.
An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin
An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Statutes And Constitutions In An Age Of Common Law, Reed Dickerson
Statutes And Constitutions In An Age Of Common Law, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Book Review. Transcending Covenant And Debt, Morris S. Arnold
Book Review. Transcending Covenant And Debt, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Book Review. The Assize Of Novel Disseisin By Donald W. Sutherland, Morris S. Arnold
Book Review. The Assize Of Novel Disseisin By Donald W. Sutherland, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Book Review. The Doctrine Of Precedent In The Court Of Appeal For East Africa By G.F.A. Sawyerr And J.A. Hiller, William B. Harvey
Book Review. The Doctrine Of Precedent In The Court Of Appeal For East Africa By G.F.A. Sawyerr And J.A. Hiller, William B. Harvey
Articles by Maurer Faculty
No abstract provided.
Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham
Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
Science And Morality Of Criminal Law, Jerome Hall
Science And Morality Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Landowners' Rights In The Air Age: The Airport Dilemma, William Burnett Harvey
Landowners' Rights In The Air Age: The Airport Dilemma, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Book Review. Schwartz, B., French Administrative Law And The Common-Law World, Ralph F. Fuchs
Book Review. Schwartz, B., French Administrative Law And The Common-Law World, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Gavit, B.C., Cases And Materials On An Introduction To Law And The Judicial Process, Ralph F. Fuchs
Book Review. Gavit, B.C., Cases And Materials On An Introduction To Law And The Judicial Process, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper
Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.
Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Common Law Of Legislation, Frank Edward Horack Jr.
The Common Law Of Legislation, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.
Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Husband And Wife As Statutory Heirs, Paul L. Sayre
Husband And Wife As Statutory Heirs, Paul L. Sayre
Articles by Maurer Faculty
No abstract provided.
Development Of Commercial Arbitration Law, Paul L. Sayre
Development Of Commercial Arbitration Law, Paul L. Sayre
Articles by Maurer Faculty
No abstract provided.
Anomalous Growth Of The Common Law -- The Anglo-American Quest For Justice, Hugh Evander Willis
Anomalous Growth Of The Common Law -- The Anglo-American Quest For Justice, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.