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2002

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Articles 1 - 30 of 51

Full-Text Articles in Law

Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax Nov 2002

Disability, Reciprocity, And 'Real Efficiency': A Unified Approach, Amy L. Wax

All Faculty Scholarship

The Americans with Disabilities Act (ADA) requires private employers to offer reasonable accommodation to disabled persons capable of performing the core elements of a job. Some economists have attacked the statute as ill-advised and inefficient. In examining the efficiency of the ADA, this article analyzes its cost-effectiveness against the following social and legal background conditions: First, society will honor a minimum commitment to provide basic support to persons - including the medically disabled - who, through no fault of their own, cannot earn enough to maintain a minimally decent standard of living. Second, legal and pragmatic factors, including "sticky" or …

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The Recovery Of The Aviation Industry: The Aviation Security Challenge, Ibpp Editor Nov 2002

The Recovery Of The Aviation Industry: The Aviation Security Challenge, Ibpp Editor

International Bulletin of Political Psychology

This article is based on a presentation made to the SAE 2002 World Aviation Congress on November 6, 2002 by the IBPP Editor. The article’s focus is on how representatives of the aviation industry need to think about aviation security to facilitate the industry’s economic recovery.

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Trends. When Governments Want Government To Change, Ibpp Editor Oct 2002

Trends. When Governments Want Government To Change, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses regime change in Germany and Iraq in a political psychological context.

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Thinking About Thinking In An Era Of Globalization: Implications For International Security, Ibpp Editor Oct 2002

Thinking About Thinking In An Era Of Globalization: Implications For International Security, Ibpp Editor

International Bulletin of Political Psychology

This article identifies and critiques hypotheses concerning the impact of globalization on thinking and suggests consequences of thinking (reason, logic) as an epistemological tool of international security.

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Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia Sep 2002

Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia

Max Garcia Sanchez

No abstract provided.

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Privatizing Commercial Law: Lessons From Icann, Gillian K. Hadfield Aug 2002

Privatizing Commercial Law: Lessons From Icann, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

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The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang Aug 2002

The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang

Research Collection School Of Economics

This paper attempts to study the usage of the GATT/WTO dispute settlement mechanism and to explain its patterns across different regimes and decades, using a unified theoretical model. This study first explores the role of the degree of legal controversy over a panel ruling in determining countries’ incentives to block/appeal a panel report under the GATT/WTO regime. The model is able to explain the surge in blocking incidence during the 1980s over the preceding GATT years and the immense frequency at which the new appellate procedure under the WTO is invoked. Furthermore, a two-sided asymmetric information framework is used to …

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Fair Weather Or Foul? Maine's Business Climate Revisted, Bureau Of Labor Education. University Of Maine Jul 2002

Fair Weather Or Foul? Maine's Business Climate Revisted, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

There is no shortage of analyses of the problems of Maine’s economy, or of proposed solutions. Once again, a number of recent reports have argued that Maine has a highly unfavorable business climate, characterized by excessive taxes and excessive regulation. These reports go on to argue that Maine must improve its business climate through such suggested changes as an overhaul of the tax system, elimination of property taxes on business equipment purchases, reducing the state’s regulatory burden, and reducing Maine’s supposedly high “tax burden.” Although the support for these proposals is framed as being “irrefutable,” in reality many of the …

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Prices, Legalisation And Marijuana Consumption, Mert Daryal Jan 2002

Prices, Legalisation And Marijuana Consumption, Mert Daryal

University Avenue Undergraduate Journal of Economics

The debate concerning the legalisation of marijuana is intensifying. As the price of marijuana would most likely decrease following legalisation, the law of demand implies that consumption would rise. But by how much? This paper analyses the effect of legalisation on consumption by using data from a specifically-conducted survey of first year students at The University of Western Australia. The results indicate that 53 percent of students have consumed marijuana with males exhibiting a higher intensity than females. The results also show that legalisation would cause consumption to increase by approximately 4 percent. Both legalisation and a 50 percent fall …

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Cooperation Within Anarchy: A Case Study Of The Success Of Commercial Banking During The Lebanese Civil War, Mona Kalash Jan 2002

Cooperation Within Anarchy: A Case Study Of The Success Of Commercial Banking During The Lebanese Civil War, Mona Kalash

University Avenue Undergraduate Journal of Economics

This paper analyses the success of the Lebanese banking system during the Lebanese civil war, which lasted from 1975 until 1989. As the rest of the economy plunged into recession due to intense warfare and governmental collapse, the bankers and their clients continued to cooperate across battle lines in the loaning business. The argument of the paper is that the linkage of social and economic games and the importance of reputation in business created incentives for bankers and businessmen to cooperate in the Prisoner’s Dilemma game of lending and borrowing. I challenge the theoretical perspective that cooperation is not possible …

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The World Grain Economy To 2050: A Dynamic General Equilibrium, Two Sector Approach To Long-Term World-Level Macroeconomic Forecasting, Benn Eifert, Carlos Galvez, Naureen Kabir, Avinash Kaza, Jack Moore, Christine Pham Jan 2002

The World Grain Economy To 2050: A Dynamic General Equilibrium, Two Sector Approach To Long-Term World-Level Macroeconomic Forecasting, Benn Eifert, Carlos Galvez, Naureen Kabir, Avinash Kaza, Jack Moore, Christine Pham

University Avenue Undergraduate Journal of Economics

Though fifty years is a tremendous time horizon for the forecasting of any trend involving the complex interactions of billions of people and billions of hectares of intricate planetary ecosystems, the analytic methodology of economics is the most capable toolbox available for such forecasting. At the center of such a forecast are two complex functions, supply and demand, coevolving over time and codetermining prices, production, investment, labor flows, export patterns, and most other major variables.

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The Political Economy Of Wto Dispute Settlement: Toward A Synthesis Of International Regime Theories, Christopher L. Griffin Jan 2002

The Political Economy Of Wto Dispute Settlement: Toward A Synthesis Of International Regime Theories, Christopher L. Griffin

University Avenue Undergraduate Journal of Economics

This paper analyzes the explanatory power of mainstream international regime theories from the international political economy (IPE) literature—neoliberalism, realism, and cognitivism—through formal econometric techniques. I use a data set based on 162 dispute settlement cases since the inception of the World Trade Organization and find that the probability of a Dispute Settlement Panel (DSP) forming depends on the share of exports for a target country as a share of its total exports as well as relative gaps in military expenditures (as a share of GDP). These results are highly robust to different model specifications and control variable choice. Though the …

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Thinking Outside The Box: The Challenge Of Maine's Regional Service Centers, Bureau Of Labor Education. University Of Maine Jan 2002

Thinking Outside The Box: The Challenge Of Maine's Regional Service Centers, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The challenges facing regional service center communities in Maine need to be addressed by creative problem solving which goes beyond the simplistic and flawed assumptions of the "Closed Loop" model of service center revenue. Many existing strategies to increase municipal revenue through tax incentives and inappropriate economic development are often counterproductive to the long-term well-being of service center communities and their quality of life. The health of RSC's is critically important for the well-being of the state as a whole, and the taxpayers in these communities should not be expected to assume the entire financial burden of providing needed services …

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The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman Jan 2002

The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman

Scholarship and Professional Work - Business

Property rights are fundamentals to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary confusion and bias economic analyses. Indeed, some economists' idiosyncratic definitions of property rights, if used to guide policy, could lead to suboptimal economic outcomes.

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Put-Call Parity And The Law, Michael S. Knoll Jan 2002

Put-Call Parity And The Law, Michael S. Knoll

All Faculty Scholarship

A common literary theme is the conflict between appearance and reality. That conflict also frequently arises in the law, where it is usually cast as one between substance and form. Another discipline in which the conflict arises is finance, where it appears in the put-call parity theorem. That theorem states that given any three of the four following financial instruments--a riskless zero-coupon bond, a share of stock, a call option on the stock, and a put option on the stock--the fourth instrument can be replicated. Thus, the theorem implies that any financial position containing these assets can be constructed in …

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Mixed Signals: Rational-Choice Theories Of Social Norms And The Pragmatics Of Explanation, W. Bradley Wendel Jan 2002

Mixed Signals: Rational-Choice Theories Of Social Norms And The Pragmatics Of Explanation, W. Bradley Wendel

Cornell Law Faculty Publications

The question of how societies secure cooperation and order in the absence of state enforced sanctions has long vexed law and economics scholars. Recently the concept of social norms--informally enforced rules of behavior--has occupied the attention of a large number of these theorists, who are concerned with understanding why economically rational actors would bother to follow rules whose costs seem to outweigh their benefits. Because of the prestige (or at least trendiness) of law and economics, it seems that now everyone in the legal academy is talking about social norms. This burgeoning scholarship is closely related to a wider concern …

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Applied Monetary Policy And Bank Supervision By The Ecb, Mads Andenas, Lazaros E. Panourgias Jan 2002

Applied Monetary Policy And Bank Supervision By The Ecb, Mads Andenas, Lazaros E. Panourgias

Mads Andenas

Monetary policy and banking supervision are closely related and interdependent concepts. Monetary policy and central banking are not defined in such a manner in the Maastricht Treaty that it precludes the European Central Bank from taking on a wider responsibility for financial stability and the handling of banking crises. The article introduced the term 'macro-prudential supervision', explained as 'supervision with a view to safeguarding systemic stability', in a section with the heading 'Default Supervision of Central Banks'.

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Misfeasance In Public Office, Governmental Liability And European Influences, Mads Andenas Jan 2002

Misfeasance In Public Office, Governmental Liability And European Influences, Mads Andenas

Mads Andenas

The article deals with the liability of banking regulators in the UK after the BCCI debacle, and provides a wider comparative perspective. It analyses the lack of enforcement culture in the Bank of England, at the systemic failures on the regulatory side that this leads to. The article argues in favour of an extended liability for lack of effective banking supervision, and that banking regulators should be liable where there is a sufficiently breach of the duty to supervise and enforce.

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The Professionalization Thesis: The Tbr, The Wto And World Economic Integration, Eric A. Engle Jan 2002

The Professionalization Thesis: The Tbr, The Wto And World Economic Integration, Eric A. Engle

Eric A. Engle

Argues that the DSB of the WTO represents one instance of the globalization of the rule of law.

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A Positive Political Model Of Supreme Court Economic Decisions, Tony Caporale, Harold Winter Jan 2002

A Positive Political Model Of Supreme Court Economic Decisions, Tony Caporale, Harold Winter

Economics and Finance Faculty Publications

We develop a positive political model of the U.S. Supreme Court. Looking at the Court's economic cases for the period 1953-1993, we find a significant larger fraction of conservative decisions under Republican presidents and more conservative leadership of the House and Senate Judiciary Committees. Conservative decisions are also found to be positively correlated with the fraction of the Court appointed by Republican presidents and the rate of price inflation. We argue that our findings cast serious doubt on the common view of the Supreme Court as a completely independent, apolitical institution.

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Towards An Integrated Theory Of Intellectual Property, Gideon Parchomovsky, Peter Siegelman Jan 2002

Towards An Integrated Theory Of Intellectual Property, Gideon Parchomovsky, Peter Siegelman

All Faculty Scholarship

This Article addresses a curious gap in the theory of intellectual property. One of the central dogmas in both the legal and economic literatures is that patents, copyrights and trademarks constitute separate forms of protection, each serving different purposes and designed to operate independently of the others. By challenging this dogma, however, this Article shows that certain combinations of intellectual property protection give rise to important synergies. When a patentee can develop brand loyalty among its customers, the existence of trademark protection allows her to extend its protection even after her patent expires, and thereby earn higher profits than would …

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Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner Jan 2002

Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner

All Faculty Scholarship

Last Term, in Festo Corporation v. Shoketsu Kinzoku Kogyo Kabashuki Co., the United States Supreme Court missed perhaps the most important opportunity for patent law reform in two decades. At the core of the failure to grasp the implications of "prosecution history estoppel" - a judicially-crafted principle limiting the enforceable scope of patents based on acts occurring during their application process - is the heretofore universal (but ultimately unsupportable) view of the doctrine as an arbitrary ex post limitation on patent scope. This Article demonstrates the serious flaws in this traditionalist approach, and develops a new theory of prosecution history …

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Dangerous Liaisons: Corporate Law, Trust Law, And Interdoctrinal Legal Transplants, Edward B. Rock, Michael L. Wachter Jan 2002

Dangerous Liaisons: Corporate Law, Trust Law, And Interdoctrinal Legal Transplants, Edward B. Rock, Michael L. Wachter

All Faculty Scholarship

No abstract provided.

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Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward B. Rock Jan 2002

Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward B. Rock

All Faculty Scholarship

No abstract provided.

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Corporate Ownership Structure And The Evolution Of Bankruptcy Law: Lessons From The United Kingdom, John Armour, Brian R. Cheffins, David A. Skeel Jr. Jan 2002

Corporate Ownership Structure And The Evolution Of Bankruptcy Law: Lessons From The United Kingdom, John Armour, Brian R. Cheffins, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

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Carve-Outs In Workers' Compensation: An Analysis Of The Experience In The California Construction Industry, David I. Levine, Frank Neuhauser, Richard Reuben, Jeffrey S. Petersen, Cristian Echeverria Jan 2002

Carve-Outs In Workers' Compensation: An Analysis Of The Experience In The California Construction Industry, David I. Levine, Frank Neuhauser, Richard Reuben, Jeffrey S. Petersen, Cristian Echeverria

Upjohn Press

Employers and unions in several states during the 1990s were allowed to "carve out" their own workers' compensation systems. These innovative reforms gave the parties the right to collectively bargain their own systems outside the statutory systems. In addition, alternative dispute resolution (ADR) systems were implemented in order speed the legal process and reduce litigation costs. This book offers an evaluation of the first few years' experience with these organizational reforms in California.

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Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea Jan 2002

Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea

All Faculty Scholarship

This article describes important recent developments in normative law and economics, and the difficulties they create for the project of efficiency-based legal reform. After long proceeding without a well articulated moral justification for using economic decision procedures to choose legal rules, scholars have lately begun to devote serious attention to developing a philosophically attractive definition of well-being. At the same time, the empirical side of law and economics is also being enriched with an improved understanding of the complexities of individuals' decision-making behavior. That is where the problems begin. Scholars may have better, more plausible conceptions of well-being in hand, …

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How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw, Jr. Jan 2002

How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw, Jr.

Vanderbilt Law School Faculty Publications

Professors George and Pushaw review Maxwell L. Stearns’ book, “Constitutional Process: A Social Choice Analysis of Supreme Court Decision-making.” In his book, Stearns demonstrates that the U.S. Supreme Court fashions constitutional law through process-based rules of decision such as outcome voting, stare decisis, and justiciability. Employing “social choice” economic theory, Professor Stearns argues that the Court strives to formulate rules that promote rationality and fairness. Perhaps the greatest strength of Stearns’ book is that he presents a grand unified theory of the Court’s rules of constitutional process and the resulting development of doctrine. This strength can also be a weakness, …

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Income Distribution Dynamics With Endogenous Fertility, Daniel L. Chen, Michael Kremer Jan 2002

Income Distribution Dynamics With Endogenous Fertility, Daniel L. Chen, Michael Kremer

Faculty Scholarship

Developing countries with highly unequal income distributions, such as Brazil or South Africa, face an uphill battle in reducing inequality. Educated workers in these countries have a much lower birth rate than uneducated workers. Assuming children of educated workers are more likely to become educated, this fertility differential increaases the proportion of unskilled workers, reducing their wages, and thus their opportunity cost of having children, creating a vicious cycle. A model incorporating this effect generates multiple stedy-state levels of inequality, suggesting that in some circumstances, temporarily increasing access to educational opportunities could permanently reduce inequality. Empirical evidence suggests that the …

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The Mote In Thy Brother’S Eye: A Review Of Human Rights As Politics And Idolatry, William M. Carter Jr. Jan 2002

The Mote In Thy Brother’S Eye: A Review Of Human Rights As Politics And Idolatry, William M. Carter Jr.

Articles

Michael Ignatieffs provocatively titled collection of essays, Human Rights As Politics and Idolatry [hereinafter Human Rights], is a careful examination of the theoretical underpinnings and contradictions in the area of human rights. At bottom, both of his primary essays, Human Rights As Politics and Human Rights As Idolatry, make a claim that is perhaps contrary to the instincts of human rights thinkers and activists: namely, that international human rights can best be philosophically justified and effectively applied to the extent that they strive for minimal ism. Human rights activists generally argue for the opposite conclusion: that international human rights be …

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