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Articles 1 - 30 of 34
Full-Text Articles in Law
Trends. International Trade And The Subversion Of Justice: Japan, The European Union, And Iraq, Ibpp Editor
Trends. International Trade And The Subversion Of Justice: Japan, The European Union, And Iraq, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the moral philosophy, the psychology of moral judgment, and treatises on law often suggest that justice subsumes some combination of behavioral and intentional accountability and equity.
Trends. The Kyoto Protocol: Emissions On Trading Or Purchasing Emissions Rights, Ibpp Editor
Trends. The Kyoto Protocol: Emissions On Trading Or Purchasing Emissions Rights, Ibpp Editor
International Bulletin of Political Psychology
In this analysis, the author discusses the Kyoto Protocol.
Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann
Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann
Michigan Law Review
The question of why parties use secured debt is one of the most fundamental questions in commercial finance. The commonplace answer focuses on force: A grant of collateral to a lender enhances the lender's ability to collect its debt by enhancing the lender's ability to take possession of the collateral by force and sell it to satisfy the debt. That perspective draws considerable support from the design of the major legal institutions that support secured debt: Article 9 of the Uniform Commercial Code and the less uniform state laws regarding real estate mortgages. Both of those institutions are designed solely …
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
Michigan Law Review
For decades, sociologists have employed the concept of social norms to explain how society shapes individual behavior. In recent years, economists and rational choice theorists in philosophy and political science have started to use individual behavior to explain the origin and function of norms. For many in this group, the focus of study is the interaction of law and norms, of formal and informal rules. Exemplified by Robert Ellickson's Order Without Law, this literature uses norms to develop more robust explanations of behavior and to predict more accurately the effect of legal rules. Norms turn out to matter in legal …
Whose Life Is It Anyway: A Proposal To Redistribute Some Of The Economic Benefits Of Cameras In The Courtroom From Broadcasters To Crime Victims, Stephen D. Easton
Whose Life Is It Anyway: A Proposal To Redistribute Some Of The Economic Benefits Of Cameras In The Courtroom From Broadcasters To Crime Victims, Stephen D. Easton
South Carolina Law Review
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
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
Lifestyles Of The Not-So-Rich Or Famous: The Role Of Choice And Sacrifice In Bankruptcy, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton
Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton
Faculty Scholarship
The U.S. Supreme Court's 1996-1997 Term will surely not be remembered among lawyers for its decisions in the employment area. Most of these decisions involved narrow questions of statutory interpretation, and for the most part the Court has handed down opinions consistent with existing case law. There was not one National Labor Relations Act (NLRA) decision this Term and the two employment discrimination cases involved fairly technical issues of statutory interpretation. The feeling of a quiet year is put across by simply reading the statutes at issue other than Title VII: the Federal Employers' Liability Act (FELA) (one case), the …
Damages, Deterrence, And Antitrust—A Comment On Cooter, A. Douglas Melamed
Damages, Deterrence, And Antitrust—A Comment On Cooter, A. Douglas Melamed
Law and Contemporary Problems
Melamed offers a comment on Robert D. Cooter's article on punitive damages. Melamed relates the concept of antitrust to Cooter's valuable insights.
Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter
Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter
Law and Contemporary Problems
Cooter offers an economic analysis of punitive damages, keeping in mind the role of social norms. Liability for compensatory damages provides efficient incentives for self-monitoring.
Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey
Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey
Law and Contemporary Problems
Blakey argues that economic analysis in the courts must be substantially supported by other insights, say from ethics or history.
Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam
Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam
Dams: Water and Power in the New West (Summer Conference, June 2-4)
12 pages.
Contains 1 page of references.
Price Theory And Vertical Restraints: A Misunderstood Relation, Alan J. Meese
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 …
Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker
Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner
Faculty Publications
The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …
Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss
Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss
Publications
No abstract provided.
The Economic Implications Of The Reunification Of Hong Kong With China, Edwin L.-C. Lai
The Economic Implications Of The Reunification Of Hong Kong With China, Edwin L.-C. Lai
Vanderbilt Journal of Transnational Law
Professor Lai presented this essay at the Vanderbilt Journal of Transnational Law Symposium 1997: Hong Kong's Reintegration into the People's Republic of China. Professor Lai has updated his work since Hong Kong and China reunified. The author questions whether Hong Kong will really be able to remain an independent economic entity while also being a dependent political entity under the unprecedented "one country, two systems" concept.
In this essay, the author identifies the conditions under which Hong Kong's economy can prosper, both in the short term and the long term. After reviewing Hong Kong's recent economic performance, the author assesses …
The Problem With Baker Hughes And Syufy: On The Role Of Entry In Merger Analysis, Jonathan Baker
The Problem With Baker Hughes And Syufy: On The Role Of Entry In Merger Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Northwestern Journal of International Law & Business
An economic integration arrangement between nations cannot exist without the creation of the necessary institutions. Any free trade, customs union or common market agreement1 must have, at a minimum, political institutions and a dispute settlement mechanism. The political institutions are necessary to allow the countries to reach decisions about how to implement the treaty obligations and objec- tives and to oversee that implementation. The dispute settlement mechanism is needed to resolve disputes that may arise over the meaning and application of the agreement's legal obligations and objectives. A dispute settlement mechanism is crucial to the viability of an economic integration …
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Northwestern Journal of International Law & Business
To this debate comes Dani Rodrik, an economist on the faculty of Har- vard's John F. Kennedy School of Government. In his brief and intriguing book, Has Globalization Gone Too Far?,2 he seeks to make the race-to-the- bottom story respectable for those who take economics seriously. Rather than preaching radical opposition to globalization, however, he proposes moderate and incremental resistance. He outlines policy responses to what he argues are legitimate concerns about the growth of the world economy, encouraging targeted trade barriers based on a demonstrated national con- sensus about legitimate and illegitimate means of production. I will begin by …
Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala
Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala
Faculty Publications
No abstract provided.
The Factional Foundations Of Competition Policy In America 1888-1992, James May
The Factional Foundations Of Competition Policy In America 1888-1992, James May
Articles in Law Reviews & Other Academic Journals
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
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.
Reflections On The Economic Future Of Hong Kong, Ted Hagelin
Reflections On The Economic Future Of Hong Kong, Ted Hagelin
Vanderbilt Journal of Transnational Law
This Article assesses the economic future of Hong Kong after reunification with China. After reviewing Hong Kong's economic history, this Article discusses Hong Kong's present economic situation, and both the positive and negative influences on its economic future. The author identifies China's self-interest in Hong Kong's continued economic prosperity as a positive factor for Hong Kong's economy. China's self-interest stems largely from the recognition that Hong Kong's economic failure will impact China's politics, economics, and foreign relations. Negative developments within China, however, could lead to a precipitous downturn in Hong Kong's economy. Negative developments include potential military and political crises, …
The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman
The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman
Northwestern Journal of International Law & Business
Debates regarding the competences and governance of interna- tional economic organizations such as the World Trade Organization (WTO), the European Union (EU) and the North American Free Trade Agreement (NAFFA) seem to grow more polarized. Academic lawyers, political scientists and economists seem to add little light to these heated debates. The purpose of this paper is to examine the theory of the firm and related transaction cost-based literatures of new institutional economics (NIE),4 law and economics (L&E) and industrial organizations (IO),' and the application of their analytical techniques to the linked problems of competence and governance of international economic organizations …
Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto
Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto
Northwestern Journal of International Law & Business
Current discussions of "globalization" afford an opportunity to. reflect on the development of the modern international system and its governance as well as to evaluate prospects and strategies for the fu- ture. However, the term "globalization" is ambiguous. It conceals di- verse and sometimes conflicting trends and strategies; it appears to project a post-Cold War optimism of increasing global unity and pros- pects for a new world order based on a strengthened framework of international institutions. Nonetheless, tendencies towards fragmen- tation exist, in addition to an increasing awareness of diversity and, perhaps, global disorder. Certainly, efforts are being made to …
Economics And Sociology: The Prospects For An Interdisciplinary Discourse Of Law, Kenneth G. Dau-Schmidt
Economics And Sociology: The Prospects For An Interdisciplinary Discourse Of Law, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
My purposes in this essay are two-fold. First, I provide some background on the disciplines of economics and sociology as a basis for the discussion at this Symposium and for my own discussion of the potential for an interdisciplinary discourse on law. In this regard, in the first section of the essay I provide a brief history of the relationship between the two disciplines, a brief outline of the basic characteristics of each disciplinary perspective, and a brief discussion of the emerging opportunities for useful exchange between the two disciplines. Second, I examine the prospects that the economic analysis of …
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Northwestern Journal of International Law & Business
One of the most difficult problems in the study of international law is determining when a rule of law applies to a given situation. This problem has two dimensions: (1) determining what the rule of law is and (2) determining when and how it is applied. The first di- mension, though complex, is the subject of Article 38 of the Statute of the International Court of Justice,' and the starting point for most dis- cussions of international law.2 Though it may be difficult to establish the existence of a rule of international law, particularly in the absence of a treaty, …
"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff
"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff
Northwestern Journal of International Law & Business
Lately, I've been thinking about the richly suggestive phrase "trade and." What does it mean? Is it shorthand for new topics on the expanded trade agenda, such as "trade and environment" or "trade and intellectual property"? Does it describe new movements in legal scholarship on trade issues? How is it similar to, or different from, "law and"? Until fairly recently, most scholarship about international trade law fell within a relatively well-defined domain. The substantive focus of this traditional scholarship' typically has been on a series of tradi- tional, core "trade" issues: tariffs, quotas, most-favored-nation treat- ment, nondiscrimination, permissible safeguards and …