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Articles 1 - 16 of 16

Full-Text Articles in Law

Innovation, The State And Private Enterprise: A Corporate Lawyer's Perspective, Charles M. Yablon Jan 2016

Innovation, The State And Private Enterprise: A Corporate Lawyer's Perspective, Charles M. Yablon

Articles

This is a review essay based on an important recent book, The Entrepreneurial State: Debunking Public vs. Private Sector Myths, by Mariana Mazzucato, a Professor of the Economics of Innovation. In that book, Professor Mazzucato explains how the U.S. Government, acting as an “entrepreneurial state” has made the critical investments in technologies that have given rise to multi-billion dollar new industries. Mazzucato argues that only the State currently has the funds and incentives necessary to finance the earliest and most important phases of the innovation process, investments the private sector cannot and will not make. Mazzucato’s defense of the centrality …


Do Bad Things Happen When Works Enter The Public Domain?: Empirical Tests Of Copyright Term Extension, Christopher Buccafusco, Paul J. Heald Jan 2013

Do Bad Things Happen When Works Enter The Public Domain?: Empirical Tests Of Copyright Term Extension, Christopher Buccafusco, Paul J. Heald

Articles

The international debate over copyright term extension for existing works turns on the validity of three empirical assertions about what happens to works when they fall into the public domain. Our study of the market for audio books and a related human subjects experiment suggest that all three assertions are suspect. We demonstrate that audio books made from public domain bestsellers (1913-22) are significantly more available than those made from copyrighted bestsellers (1923-32). We also demonstrate that recordings of public domain and copyrighted books are of equal quality. While a low quality recording seems to lower a listener's valuation of …


Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur Jan 2010

Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Articles

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …


Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky Jul 2008

Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky

Articles

No abstract provided.


Rendered Impracticable: Behavioral Economics And The Impracticability Doctrine, Aaron J. Wright Apr 2005

Rendered Impracticable: Behavioral Economics And The Impracticability Doctrine, Aaron J. Wright

Articles

No abstract provided.


Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder Jan 2002

Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder

Articles

Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all …


Just So Stories: Posnerian Methodology, Jeanne L. Schroeder Jan 2001

Just So Stories: Posnerian Methodology, Jeanne L. Schroeder

Articles

No abstract provided.


Avoidance Theory According To Steve Nickles, David G. Carlson Jan 2001

Avoidance Theory According To Steve Nickles, David G. Carlson

Articles

No abstract provided.


Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens Jan 2001

Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens

Articles

Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.


The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David G. Carlson, Jack F. Williams Jan 2000

The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David G. Carlson, Jack F. Williams

Articles

No abstract provided.


Secured Lending As A Zero-Sum Game, David G. Carlson Jan 1998

Secured Lending As A Zero-Sum Game, David G. Carlson

Articles

No abstract provided.


On The Margins Of Microeconomics, David G. Carlson Jan 1993

On The Margins Of Microeconomics, David G. Carlson

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No abstract provided.


Contradiction And Critical Legal Studies, David G. Carlson Jan 1989

Contradiction And Critical Legal Studies, David G. Carlson

Articles

No abstract provided.


Is Fraudulent Conveyance Law Efficient?, David G. Carlson Dec 1987

Is Fraudulent Conveyance Law Efficient?, David G. Carlson

Articles

No abstract provided.


Reforming The Efficiency Criterion: Comments On Some Recent Suggestions, David G. Carlson Jan 1986

Reforming The Efficiency Criterion: Comments On Some Recent Suggestions, David G. Carlson

Articles

No abstract provided.


The Dilemma Of The Local Social Investment: An Essay On 'Socially Responsible' Investing, Edward A. Zelinsky Jan 1984

The Dilemma Of The Local Social Investment: An Essay On 'Socially Responsible' Investing, Edward A. Zelinsky

Articles

No abstract provided.