Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- SelectedWorks (11)
- University of Pennsylvania Carey Law School (11)
- American University Washington College of Law (4)
- University of Michigan Law School (4)
- Cornell University Law School (3)
-
- Columbia Law School (2)
- Osgoode Hall Law School of York University (2)
- Selected Works (2)
- Vanderbilt University Law School (2)
- Case Western Reserve University School of Law (1)
- Georgetown University Law Center (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Pace University (1)
- Penn State Law (1)
- Rhode Island College (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- University of Connecticut (1)
- University of Denver (1)
- University of Southern Maine (1)
- William & Mary Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Economics (8)
- Law and Economics (4)
- Securities Law (4)
- Contratos (3)
- Corporations (3)
-
- Insolvencia y Reestructuraciones (3)
- NAFTA (3)
- Politics (3)
- Australia (2)
- Corporate Law (2)
- Derecho del Consumidor (2)
- International Trade (2)
- Jurisprudence (2)
- Law and Society (2)
- Law and economics (2)
- Public Law and Legal Theory (2)
- Regulation (2)
- Responsabilidad CIvil (2)
- Social justice (2)
- Trade (2)
- 60-day notice requirement under the WARN Act (1)
- Administration and enforcement of WARN requirements (1)
- Administrative Law (1)
- Airline industry (1)
- Analytical Marxis (1)
- Anti-trust (1)
- Antireductionism (1)
- Antitrust (1)
- Antitrust law (1)
- Antitrust regulation (1)
- Publication
-
- Faculty Scholarship at Penn Carey Law (11)
- Martin Paolantonio (5)
- Articles in Law Reviews & Other Academic Journals (4)
- Cornell Law Faculty Publications (3)
- Michigan Law Review (3)
-
- Faculty Scholarship (2)
- John Donohue (2)
- Justin Schwartz (2)
- Osgoode Hall Law Journal (2)
- Articles (1)
- Articles & Chapters (1)
- Dalhousie Law Journal (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles (1)
- Faculty Articles and Papers (1)
- Faculty Publications (1)
- Francisco Cabrillo Rodríguez (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Horacio M. LYNCH (1)
- Journal Articles (1)
- Maine Collection (1)
- Other Publications (1)
- Penn State International Law Review (1)
- Peter Siegelman (1)
- Smolski Texts (1)
- Sturm College of Law: Faculty Scholarship (1)
- The Hon Justice Matthew Palmer (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law Review (1)
- William & Mary Law Review (1)
- Publication Type
Articles 1 - 30 of 55
Full-Text Articles in Law
Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer
Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer
The Hon Justice Matthew Palmer
The dissertation takes a political economy approach to constitutional design and legislation in the Westminster (Cabinet) and US (Congressional) models of government. Part I develops the economics of comparative political organization by constructing a theoretical framework for analyzing constitutional design. Part II applies the framework to distinguish the essences of the Cabinet and Congressional systems of constitutional design in the contexts of US and Canadian federal government. Part III analyzes the effects of the different constitutional designs on the processes of legislating in each system and on the substantive characteristics of legislation in each system. The analysis is subjected to …
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Articles
Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …
Law And Economics, Michael J. Trebilcock
Law And Economics, Michael J. Trebilcock
Dalhousie Law Journal
Prior to 1960, most North American law schools paid attention only to anti-trust, public utility regulation, and perhaps tax policy from a law and economics perspective (sometimes referred to as the "old" law and economics). However, beginning in the early 1960's with pioneering articles by Guido Calabresi on tort law and Ronald Coase (the 1991 recipient of the Nobel Prize in Economics) on property rights, followed by prolific writings and a comprehensive text by Richard Posner on a vast range of legal issues, the field of law and economics has burgeoned with many lawyers and economists around the world now …
Fee Shifting And Incentives To Comply With The Law, Keith N. Hylton
Fee Shifting And Incentives To Comply With The Law, Keith N. Hylton
Vanderbilt Law Review
Law and economics is a top-heavy discipline, in the sense that it is largely theoretical. Empirical tests of its claims have been carried out only recently, and a great deal remains to be done. The larger part of the recent wave of empirical law and economics research, however, examines the litigation process. This research has focused on the frequencies with which lawsuits are brought and with which they are settled. Surprisingly, empirical researchers have given little attention to the theoretical literature that makes predictions concerning incentives to comply with legal rules and the optimality of compliance equilibria. This lack of …
Book Review - Forbidden Grounds: The Case Against Employment Discrimination Law, John J. Donohue
Book Review - Forbidden Grounds: The Case Against Employment Discrimination Law, John J. Donohue
John Donohue
Book Review - Forbidden Grounds: The case against employment discrimination law by Richard A. Epstein. Cambridge and London: Harvard University Press 1992
Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone
Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout
Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout
Cornell Law Faculty Publications
No abstract provided.
The Maastricht Train: Slowing Down For Sharp Curves, Matthew J. Eshelman
The Maastricht Train: Slowing Down For Sharp Curves, Matthew J. Eshelman
Penn State International Law Review
No abstract provided.
The Economic Causes And Consequences Of Constitutional Reform In Eastern Europe, Robert C. Juelke
The Economic Causes And Consequences Of Constitutional Reform In Eastern Europe, Robert C. Juelke
William & Mary Law Review
No abstract provided.
Repossession: Of History, Poverty, And Dissent, Martha Minow
Repossession: Of History, Poverty, And Dissent, Martha Minow
Michigan Law Review
A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones
Microeconomics Made (Too) Easy: A Casebook Approach To Teaching Law And Economics, Gregory S. Crespi
Microeconomics Made (Too) Easy: A Casebook Approach To Teaching Law And Economics, Gregory S. Crespi
Michigan Law Review
A Review of Cases and Materials on Law and Economics by David W. Barnes and Lynn A. Stout
Incompletely Reasoned Sex: A Review Of Posner's Somewhat Misleading Guide To The Economic Analysis Of Sex And Family Law, Martin Zelder
Incompletely Reasoned Sex: A Review Of Posner's Somewhat Misleading Guide To The Economic Analysis Of Sex And Family Law, Martin Zelder
Michigan Law Review
A Review of Sex and Reason by Richard A. Posner
Navigating The Minefields Of Russian Joint Venture Law And Tax Regulations: A Procedural Compass, Christopher Osakwe
Navigating The Minefields Of Russian Joint Venture Law And Tax Regulations: A Procedural Compass, Christopher Osakwe
Vanderbilt Journal of Transnational Law
In this Article, Professor Osakwe explores the precarious field of Russian joint venture law and tax regulation. The author gives detailed accounts of the major laws, discusses their evolution, and projects their future course. Additionally, the author notes the continuing influence of USSR law on current Russian joint venture practice. Throughout his analysis, the author provides specific and pragmatic advice for businesses and entrepreneurs considering joint ventures in Russia.
How Goes The American Dream?, Chester Smolski
How Goes The American Dream?, Chester Smolski
Smolski Texts
"Americans are a hard-working lot. The ambitious American worker has fewer holidays, less vacation time and other benefits than Western Europeans. They are well-rewarded for their pursuit of the American dream. Home ownership rates in this country are among the highest rates in the world. The typical American worker has more cars and more kitchen gadgets, electronic hardware, recreational gear and more computers in his home than any other worker in the world."
Medición De La Seguridad Jurídica, Horacio M. Lynch
Medición De La Seguridad Jurídica, Horacio M. Lynch
Horacio M. LYNCH
Concurso Asociación de Bancos de la República Argentina (ADEBA).
The Paradox Of Ideology, Justin Schwartz
The Paradox Of Ideology, Justin Schwartz
Justin Schwartz
A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …
Functional Explanation And Metaphysical Individualism, Justin Schwartz
Functional Explanation And Metaphysical Individualism, Justin Schwartz
Justin Schwartz
A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …
Bases Para La Regulación Jurídica Del Crédito Al Consumo, Martin Paolantonio, Salvador Bergel
Bases Para La Regulación Jurídica Del Crédito Al Consumo, Martin Paolantonio, Salvador Bergel
Martin Paolantonio
Análisis de lege ferenda, con referencias de derecho comparado, sobre la conveniencia y alternativas para una regulación particular del crédito al consumo. El trabajo señala las principales características del crédito al consumo que explican porqué en el derecho comparado es habitual un tratamiento separado respecto de la disciplina general de tutela del consumidor
Distribución Comercial, Control Externo Y Quiebra, Martin Paolantonio
Distribución Comercial, Control Externo Y Quiebra, Martin Paolantonio
Martin Paolantonio
A propósito de un fallo judicial, un análisis de la posibilidad de extender la quiebra en casos de control externo, particularmente en virtud de contratos de distribución comercial
El Privilegio Del Acreedor Laboral Ante La Continuación De La Explotación, Martin Paolantonio, Eduardo Moccero
El Privilegio Del Acreedor Laboral Ante La Continuación De La Explotación, Martin Paolantonio, Eduardo Moccero
Martin Paolantonio
Nota a fallo analizando el alcance del privilegio de los acreedores laborales cuando la empresa fallida continúa realizando actividades comerciales
La Directiva De La Comunidad Económica Europea Sobre Las Cláusulas Abusivas En Los Contratos Celebrados Con Consumidores, Martin Paolantonio, Salvador Bergel
La Directiva De La Comunidad Económica Europea Sobre Las Cláusulas Abusivas En Los Contratos Celebrados Con Consumidores, Martin Paolantonio, Salvador Bergel
Martin Paolantonio
Análisis de la directiva comunitaria sobre cláusulas abusivas y su implementación
Los Límites De La Responsabilidad Del Controlante En Los Supuestos De Contratos De Distribución Comercial (Agencia, Concesión, Distribución Y Franquicia), Martin Paolantonio, Salvador Bergel
Los Límites De La Responsabilidad Del Controlante En Los Supuestos De Contratos De Distribución Comercial (Agencia, Concesión, Distribución Y Franquicia), Martin Paolantonio, Salvador Bergel
Martin Paolantonio
Análisis de la responsabilidad del principal en los contratos de distribución comercial, y sus límites en situaciones de insolvencia
Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John J. Donohue, Peter Siegelman
Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John J. Donohue, Peter Siegelman
John Donohue
For the past two decades the law and economics movement has been one of the most influential forces in the legal academy. Its practitioners have relentlessly sought to unleash microeconomic insights on formerly pristine areas of legal doctrine. This Article focuses on a branch of law - employment discrimination-that has already been examined from a microeconomic perspective. However, it represents a departure from the previous literature in that it considers the impact of macroeconomic phenomena on several aspects of employment discrimination litigation.
Sex Stories: A Review Of Sex And Reason, Margaret Chon
Sex Stories: A Review Of Sex And Reason, Margaret Chon
Faculty Articles
In this review of Sex Stories-A Review Of Sex And Reason by Richard A. Posner, Professor Chon explores the implications of Posner’s exuberant faith in bioeconomic reasoning, unalloyed by any of the late modernist or postmodernist challenges to the nature and limits of science and its transformative potential. In doing so, Professor Chon attempts three things. First, she discusses some of his sociobiological assertions in order to demonstrate that evolutionary biology consists of a much richer and more contradictory set of assertions than Posner would have us believe. Even within the empiricist framework, therefore, Posner leaves out many stories that …
Aviation Law And Regulation: Abridged Student Edition, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms
Aviation Law And Regulation: Abridged Student Edition, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms
Sturm College of Law: Faculty Scholarship
We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.
Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton
Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton
Faculty Scholarship at Penn Carey Law
No abstract provided.
Taxing Prometheus: How The Corporate Interest Deduction Discourages Innovation And Risk-Taking, Michael S. Knoll
Taxing Prometheus: How The Corporate Interest Deduction Discourages Innovation And Risk-Taking, Michael S. Knoll
Faculty Scholarship at Penn Carey Law
This paper uses recent developments in the theory of optimal capital structure to demonstrate how the federal corporate income tax with an interest deduction, but without a corresponding dividend deduction, misallocates capital within the corporate sector by encouraging investment in low-risk, low-growth projects employing tangible assets over high-risk, high-growth projects employing intangible assets.
Perchance To Dream: The Global Economy And The American Dream, Michael S. Knoll
Perchance To Dream: The Global Economy And The American Dream, Michael S. Knoll
Faculty Scholarship at Penn Carey Law
No abstract provided.
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
Faculty Scholarship at Penn Carey Law
In this Article. Professor Fisch examines the history and legacy of Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilberston, the controversial 1991 Supreme Court decision that established a federal statute of limitations for private causes of action brought under Rule 10b-5. In Part I Professor Fisch reviews the history of the 10b-5 statute of limitations prior to LampE Part II then analyzes both the issues resolved and questions raised by Lampf. Part III traces the congressional reaction to Lampf that culminated in the addition of section 27A to the Securities Act of 1934. In Part IV, Professor Fisch concludes by …