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Full-Text Articles in Law

Comparing & Contrasting Economic And Natural Law Approaches To Policymaking, Eric Kades Jan 2023

Comparing & Contrasting Economic And Natural Law Approaches To Policymaking, Eric Kades

Faculty Publications

Eric Claeys’s monograph, Natural Property Rights, offers a comprehensive and thoughtful articulation of a general theory of property rights rooted in the natural law tradition. This detailed review compares Claeys’s work with the consequentialist law and economics perspective on property. After contrasting their objectives, assumptions, and methodologies this article concludes that, unlike more absolutist approaches, Claeys’s flavor of natural property rights places a modicum of weight on the welfare effects central to economic analysis. This restrained nod in the direction of practicality, however, does not eliminate some of the long-known weaknesses of natural law. Perhaps the most glaring gap …


Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman Apr 2017

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Faculty Publications

Recent cases involving religious businesses owners who object to providing services for same-sex weddings and resulting lawsuits have generated a vigorous academic and popular debate. That debate centers in part on the proper role of religion in the market. This article develops three theories of the proper relationship between commerce and religion and applies them to these conflicts. The first approach would apply the norms of liberal democratic governments to market actors. The second approach posits that any market outcome is legitimate so long as it results from voluntary contracts. These approaches yield contradictory and indeterminate advice on the conflicts …


Indiana And Doux Commerce, Nathan B. Oman Apr 2015

Indiana And Doux Commerce, Nathan B. Oman

Popular Media

No abstract provided.


The Need For A Law Of Church And Market, Nathan B. Oman Apr 2015

The Need For A Law Of Church And Market, Nathan B. Oman

Faculty Publications

This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …


Free Trade In Patented Goods: International Exhaustion For Patents, Sarah R. Wasserman Rajec Apr 2014

Free Trade In Patented Goods: International Exhaustion For Patents, Sarah R. Wasserman Rajec

Faculty Publications

Modern international trade law seeks to increase global welfare by lowering barriers to trade and encouraging international competition. This “free trade” approach, while originally applied to reduce tariffs on trade, has been extended to challenge non-tariff barriers, with modern trade agreements targeting telecommunication regulations, industrial and product safety standards, and intellectual property rules. Patent law, however, remains inconsistent with free-trade principles by allowing patent holders to subdivide the world market along national borders and to forbid trade in patented goods from one nation to another. This Article demonstrates that the doctrines thwarting free trade in patented goods are protectionist remnants …


Markets As A Moral Foundation For Contract Law, Nathan B. Oman Nov 2012

Markets As A Moral Foundation For Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.


Rethinking Microfinance, Lan Cao Jul 2012

Rethinking Microfinance, Lan Cao

Faculty Publications

No abstract provided.


Scamlaw And The Macroeconomy, Alan J. Meese Sep 2011

Scamlaw And The Macroeconomy, Alan J. Meese

Popular Media

No abstract provided.


Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg Oct 2008

Diversifying America's Energy Future: The Future Of Renewable Wind Power, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


Will Marriage Promotion Work?, Vivian E. Hamilton Oct 2007

Will Marriage Promotion Work?, Vivian E. Hamilton

Faculty Publications

No abstract provided.


Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese Oct 2005

Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese

Faculty Publications

No abstract provided.


Monopolization, Exclusion, And The Theory Of The Firm, Alan J. Meese Jan 2005

Monopolization, Exclusion, And The Theory Of The Firm, Alan J. Meese

Faculty Publications

No abstract provided.


Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese Jan 2005

Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese

Faculty Publications

No abstract provided.


Race Matters In Bankruptcy, A. Mechele Dickerson Oct 2004

Race Matters In Bankruptcy, A. Mechele Dickerson

Faculty Publications

No abstract provided.


The Transnational And Sub-National In Global Crimes, Lan Cao Jan 2004

The Transnational And Sub-National In Global Crimes, Lan Cao

Faculty Publications

No abstract provided.


Property Rights And Intrabrand Restraints, Alan J. Meese Jan 2004

Property Rights And Intrabrand Restraints, Alan J. Meese

Faculty Publications

Intrabrand restraints limit the discretion of one or more sellers-usually dealers-with respect to the disposition of a product sold under a single brand. While most scholars believe that such contracts can help assure optimal promotion of a manufacturer's products, there is disagreement about the exact manner in which such restraints accomplish this objective. Many scholars believe that such restraints themselves induce dealers to engage in promotional activities desired by the manufacturer. Others believe that such restraints merely serve as "performance bonds," which dealers will forfeit if they fail to follow the manufacturer's precise promotional instructions. Some scholars reject both approaches, …


The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason Apr 2003

The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason

Faculty Publications

No abstract provided.


Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese Jan 2003

Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese

Faculty Publications

No abstract provided.


The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades Oct 2002

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Faculty Publications

No abstract provided.


Judicial Review And Global Federalism, Charles H. Koch Jr. Jan 2002

Judicial Review And Global Federalism, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese Jan 1999

Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese

Faculty Publications

No abstract provided.


When Y2k Causes "Economic Loss" To "Other Property", Peter A. Alces, Aaron S. Book Jan 1999

When Y2k Causes "Economic Loss" To "Other Property", Peter A. Alces, Aaron S. Book

Faculty Publications

No abstract provided.


Windfalls, Eric Kades Jan 1999

Windfalls, Eric Kades

Faculty Publications

No abstract provided.


Restating Capitalization Standards And Rules: The Case For "Rough Justice" Regulations (Part Two), John W. Lee, Eldridge Blanton, Veena Luthra, Glenn Walberg, Darryl Whitesell Oct 1997

Restating Capitalization Standards And Rules: The Case For "Rough Justice" Regulations (Part Two), John W. Lee, Eldridge Blanton, Veena Luthra, Glenn Walberg, Darryl Whitesell

Faculty Publications

No abstract provided.


Lifestyles Of The Not-So-Rich Or Famous: The Role Of Choice And Sacrifice In Bankruptcy, A. Mechele Dickerson Oct 1997

Lifestyles Of The Not-So-Rich Or Famous: The Role Of Choice And Sacrifice In Bankruptcy, A. Mechele Dickerson

Faculty Publications

No abstract provided.


Price Theory And Vertical Restraints: A Misunderstood Relation, Alan J. Meese Jan 1997

Price Theory And Vertical Restraints: A Misunderstood Relation, Alan J. Meese

Faculty Publications

The Chicago School of antitrust analysis has exerted a strong influence over the law of vertical restraints in the past two decades, leading the Supreme Court to abandon much of its traditional hostility toward such agreements. Chicago's success has provoked a vigorous response from Populists, who support the traditional approach. Chicago, Populists claim, has improperly relied upon neoclassical price theory to inform the normative and descriptive assumptions that drive its analysis of trade restraints generally and of vertical restraints in particular. This reliance is misplaced, Populists assert, because the real world departs from that portrayed by price-theoretic models and, at …


Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala Jan 1997

Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala

Faculty Publications

No abstract provided.


Restating Capitalization Standards And Rules: The Case For "Rough Justice" Regulations (Part One), John W. Lee, Eldridge Blanton, Veena Luthra, Glenn Walberg, Darryl Whitesell Jan 1997

Restating Capitalization Standards And Rules: The Case For "Rough Justice" Regulations (Part One), John W. Lee, Eldridge Blanton, Veena Luthra, Glenn Walberg, Darryl Whitesell

Faculty Publications

No abstract provided.


Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese Jan 1996

Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese

Faculty Publications

No abstract provided.


Critique Of Current Congressional Capital Gains Contentions, John W. Lee Jul 1995

Critique Of Current Congressional Capital Gains Contentions, John W. Lee

Faculty Publications

No abstract provided.