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2002

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Articles 7261 - 7290 of 8367

Full-Text Articles in Law

It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis Jan 2002

It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis

Faculty Scholarship

In this paper, we argue that market access issues associated with the question of the optimal mandate of the World Trade Organization should be separated from nonmarket access issues. We identify race-to-the-bottom and regulatory-chill concerns as market access issues and suggest that the WTIO should address these concerns. We then describe ways that WTO principles and procedures might be augmented to do so. As for nonmarket access issues, we argue that as a general matter these are best handled outside the WTO, and that, while implicit links might be encouraged, explicit links between the WTO and other labor and environmental …

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Endowment Effects Within Corporate Agency Relationships, Jennifer H. Arlen, Matthew L. Spitzer, Eric L. Talley Jan 2002

Endowment Effects Within Corporate Agency Relationships, Jennifer H. Arlen, Matthew L. Spitzer, Eric L. Talley

Faculty Scholarship

Behavioral economics is an increasingly prominent field within corporate law scholarship. A particularly noteworthy behavioral bias is the "endowment effect" – the observed differential between an individual's willingness to pay to obtain an entitlement and her willingness to accept to part with one. Should endowment effects pervade corporate contexts, they would significantly complicate much common wisdom within business law, such as the presumed optimality of ex ante agreements. Existing research, however, does not adequately address the extent to which people manifest endowment effects within agency relationships. This article presents an experimental test for endowment effects for subjects situated in an …

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Crisis And Constitutionalism, Michael J. Gerhardt Jan 2002

Crisis And Constitutionalism, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller Jan 2002

The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller

Faculty Publications

No abstract provided.

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Recovering From Drugs And The Drug War: An Achievable Public Health Alternative, Eric Blumenson Jan 2002

Recovering From Drugs And The Drug War: An Achievable Public Health Alternative, Eric Blumenson

Suffolk University Law School Faculty Works

For three decades our War on Drugs has characterized illicit drug use as a law enforcement problem, to be addressed primarily through interdiction and criminal punishment. This policy has multiplied the number of imprisoned Americans, but our drug problem remains as entrenched as ever, and both voters and policy experts appear ready to embrace an alternative public health approach. Such an approach recognizes that a substantial number of Americans will continue to use drugs for the foreseeable future, and seeks to minimize the risks these people face from their drug habits. This requires programs and funding for treatment, education, and …

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University Of Richmond Law Review Jan 2002

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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Meeting By Signals, Playing By Norms: Complementary Accounts Of Nonlegal Cooperation In Institutions, Edward Rock, Michael Wachter Jan 2002

Meeting By Signals, Playing By Norms: Complementary Accounts Of Nonlegal Cooperation In Institutions, Edward Rock, Michael Wachter

University of Richmond Law Review

Professor Eric A. Posner has written a fascinating book about "Law and Social Norms." In it, he uses an informal signaling model (derived from Michael Spence's formal model) to explain a wide range of striking social behavior, and to show underlying connections among apparently disparate phenomena. Looking at topics as dissimilar as gift giving, family law, criminal law, voting and political participation, and commercial practice, he argues that much of observed social behavior can be understood as the result of attempts to signal that one is a good cooperator.

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The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner Jan 2002

The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner

University of Richmond Law Review

One of the most notable trends in legal scholarship is the explosion of writing on social norms. Just a few years ago one might have argued that the scholarship was marginal, of interest to only a handful of law professors, but expressions of skepticism about the value of this scholarship have become rare. At the same time, it would be wrong to say that "law and social norms" ("LSN") is a movement or school within legal scholarship: the writings about this topic are too diverse, and there is little of that sense of forward movement that is characteristic of more …

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The Strategic Alternative: How State Takings Statutes May Resolve The Unanswered Questions Of Palazzolo, Michael A. Culpepper Jan 2002

The Strategic Alternative: How State Takings Statutes May Resolve The Unanswered Questions Of Palazzolo, Michael A. Culpepper

University of Richmond Law Review

In a world of "Hobbesian stick[s]" and "Lockean bundle[s]," analytical confusion should be expected. Indeed, critics describe the world of federal takings jurisprudence as "an unworkable muddle," as "a jumble of confusing holdings," and as a body of law existing in "doctrinal and conceptual disarray." Since the United States Supreme Court first considered the regulatory takings issue in Mugler v. Kansas, the Court's inconsistent application of the doctrine has largely conformed to criticism. Governed by abstruse metaphors' and ad hoc analysis, the Court acknowledges its imprecision 9 and often relies upon it.

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I'Ll Take My Sin Taxes Unwrapped And Maximized, With A Side Of Inelasticity, Please, David J. Depippo Jan 2002

I'Ll Take My Sin Taxes Unwrapped And Maximized, With A Side Of Inelasticity, Please, David J. Depippo

University of Richmond Law Review

Why tax? Are taxes truly "what we pay for [a] civilized society?" Or, are taxes merely collected "to pay for the responsibilities we have assigned to our [g]overnment?" Despite the debate that might erupt over whether the implementation of responsible government is synonymous with the promotion of civilized society, all entities need money to operate. The government is no different. So, while the initial answer to the opening question is simple, it only begs the more serious of inquiries; the government having the power to tax, so, what shall be taxed?

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University Of Richmond Law Review Index Jan 2002

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.

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Punitive Damages: How Jurors Fail To Promote Efficiency, W. Kip Viscusi Jan 2002

Punitive Damages: How Jurors Fail To Promote Efficiency, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Evidence of corporate risk-cost balancing often leads to inefficient punitive damages awards, suggesting that jurors fail to base their decision making on principles of economic efficiency. In this Article, Professor Viscusi presents the results of two experiments regarding jury behavior and punitive damages. In the first experiment, Professor Viscusi found that mock jurors punish companies for balancing risk against cost, although award levels vary depending on how the economic analysis is presented at trial. The results of the second experiment suggested that mock jurors are unwilling or unable to follow a set of model jury instructions designed to generate efficient …

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Collective Management Of Copyright And Neighboring Rights In Canada: An International Perspective, Daniel J. Gervais Jan 2002

Collective Management Of Copyright And Neighboring Rights In Canada: An International Perspective, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

It is a generally held view that copyright in civil law countries is a child of the French Revolution and should be considered an inalienable right of the author, a human right in other words. In fact, it is enshrined in the Universal Declaration of Human Rights of 1948. Granted, in several cases the economic component of the right is transferred to, e.g., a publisher or a producer, but it remains, at source, a right of the author, the creator of the protected work (or object of a related right). By contrast, one often hears that, in common law jurisdictions, …

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Pick A Number, Any Number: State Representation In Congress After The 2000 Census, Paul H. Edelman, Suzanna Sherry Jan 2002

Pick A Number, Any Number: State Representation In Congress After The 2000 Census, Paul H. Edelman, Suzanna Sherry

Vanderbilt Law School Faculty Publications

In this essay, Professors Edelman and Sherry explain the mathematics behind the allocation of congressional seats to each state, and survey the different methods of allocation that Congress has used over the years. Using 2000 census figures, they calculate each state's allocation under five different methods, and discuss the advantages and disadvantages of the various methods.

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On Legal Interpretations Of The Condorcet Jury Theorem, Paul H. Edelman Jan 2002

On Legal Interpretations Of The Condorcet Jury Theorem, Paul H. Edelman

Vanderbilt Law School Faculty Publications

There has been a spate of interest in the application of the Condorcet Jury Theorem to issues in the law. This theorem holds that a majority vote among a suitably large body of voters, all of whom are more likely than not to vote correctly, will almost surely result in the correct outcome. Its uses have ranged from estimating the correct size of juries to justifying the voting of creditors in Chapter 11 reorganizations. While the mathematics is unassailable, the legal interpretation of the conclusion is dependent on the model of probability one uses when invoking the assumption that the …

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The New Cigarette Paternalism, W. Kip Viscusi Jan 2002

The New Cigarette Paternalism, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Smoking is by far the largest single risk that most people take. Perhaps in part because of that prominence, smoking has been the target of a wide variety of regulations and legal actions. The controversy over tobacco products is at least four centuries old, but it has been largely over the past half-century that the diverse wave of public policy initiatives against tobacco products has emerged. Within a standard economic framework of consumer choice, there would seem to be little impetus for broadly based government efforts to discourage smoking. The risks of smoking are largely borne by the consumers who …

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Safety At Any Price, W. Kip Viscusi, Ted Gayer Jan 2002

Safety At Any Price, W. Kip Viscusi, Ted Gayer

Vanderbilt Law School Faculty Publications

After three decades of experience with extensive government regulation and oversight of health, safety and environmental matters, we have reason to believe that those measures have largely failed to fulfill their initial promise, but many of the initial promises were infeasible goals of a "zero-risk" society. Economic findings with respect to risk-risk tradeoffs highlight the fallacies inherent in government's zero-risk mentality. Agencies that make an unbounded financial commitment to safety frequently are sacrificing individual lives. There continues to be major opportunities to improve regulatory performance by targeting existing inefficiencies and using market mechanisms (rather than strict command-and-control mechanisms) to achieve …

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The Forest And The Trees: The Divide Between Judicial Holdings And Public Perception In Religion Law, Lisa Schultz Bressman Jan 2002

The Forest And The Trees: The Divide Between Judicial Holdings And Public Perception In Religion Law, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

Ask those who carefully follow the Supreme Court, and they will tell you that--for good or bad, depending on their perspective--the current Supreme Court has reduced to near rubble the metaphorical wall separating church and state.

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Public Privacy: Camera Surveillance Of Public Places And The Right To Anonymity, Christopher Slobogin Jan 2002

Public Privacy: Camera Surveillance Of Public Places And The Right To Anonymity, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Government-sponsored camera surveillance of public streets and other public places is pervasive in the United Kingdom and is increasingly popular in American urban centers, especially in the wake of 9/11. Yet legal regulation of this surveillance is virtually non-existent, in part because the Supreme Court has signalled that we have no reasonable expectation of privacy in public places. This article, written for a symposium on the intersection of the Fourth Amendment and technology, contests that stance, at the same time it questions whether the traditional, "probable-cause-forever" view of Fourth Amendment protections makes sense in this technological age. Based on an …

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Haste Makes Waste: Congress And The Common Law In Cyberspace, Suzanna Sherry Jan 2002

Haste Makes Waste: Congress And The Common Law In Cyberspace, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Every time a new technology creates legal problems, we face in a particular context the general question of relative institutional competence. Do we turn first to the judiciary, allowing time for a gradual solution derived from common law methods, or do we look instead to the federal legislature for an instant global solution? This Article endorses the judicial approach, suggesting that Congress is particularly likely to err when rapidly changing technology creates a perceived crisis, and when the strongest reasons for not legislating are abstract and inchoate. The Article examines three legal questions raised by computer technology, two the subject …

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Irresponsibility Breeds Contempt, Suzanna Sherry Jan 2002

Irresponsibility Breeds Contempt, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Everyone is picking on the Supreme Court these days. To be sure, some of the criticism is warranted: the Court has butchered history - to say nothing of constitutional text - in its attempt to interpret the Eleventh Amendment, and betrayed its own federalism principles by second-guessing a state court's interpretation of state law (and applying a constitutional test explicitly limited to the case before it). But the current attacks on the Court go well beyond individual cases or doctrines, and are reminiscent of Jeffersonian jabs at John Marshall or the John Birch Society's "Impeach Ead Warren" campaign. Pointing to …

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Pick A Number, Any Number: State Representation In Congress After The 2000 Census, Suzanna Sherry, Paul H. Edelman Jan 2002

Pick A Number, Any Number: State Representation In Congress After The 2000 Census, Suzanna Sherry, Paul H. Edelman

Vanderbilt Law School Faculty Publications

In this essay, Professors Edelman and Sherry explain the mathematics behind the allocation of congressional seats to each state, and survey the different methods of allocation that Congress has used over the years. Using 2000 census figures, they calculate each state's allocation under five different methods, and discuss the advantages and disadvantages of the various methods.

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European Courts, American Rights: Extradition And Prison Conditions, Daniel J. Sharfstein Jan 2002

European Courts, American Rights: Extradition And Prison Conditions, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

Part I of this Article discusses the rising number of extradition requests by the United States, the common grounds for denial of extradition, and the controversies that such denials have aroused. Part II examines Soering v. United Kingdom against this background and analyzes its scholarly reception, influence on international and foreign jurisprudence, and lack of effect in the United States. Part III explores the implications of SOERING for defenses to extradition based on prison conditions: whether prison conditions in the United States could conceivably rise to the level of a human rights violation, whether the European Court of Human Rights …

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A Manifesto For The Radical Middle, J.B. Ruhl Jan 2002

A Manifesto For The Radical Middle, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article advocates an active, concerted strategy for staking out the middle ground in environmental policy. The middle ground - the domain of "middle of the roaders" - has conventionally been defined by compromise, and as a result lacks any defining content and principles. I propose an aggressive middle that uses enriched sources of information, agency professional judgment, and transparent adaptive management as its components.

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Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song Jan 2002

Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song

Vanderbilt Law School Faculty Publications

Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation models, and thus intended to be channeled through the firm-specific behavioral responses predicted under the rational polluter and good-apple models. Little attention has been paid to the systems level question. The relevant question under the systems model is whether there is a component of noncompliance that does not respond to sanction and facilitation policies that are intended to illicit firm-specific behavioral responses. To answer this will require (1) identifying instances …

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Democracy's Baby Blocks: South Africa's Electoral Commissions, Vijay Padmanabhan Jan 2002

Democracy's Baby Blocks: South Africa's Electoral Commissions, Vijay Padmanabhan

Vanderbilt Law School Faculty Publications

Like many other transitional democracies, South Africa has chosen to run its two national postapartheid elections by an independent electoral commission, not by the existing government. Although the results were widely considered legitimate, the perception of legitimacy was due in large part to the public's low expectations. To keep the public confidence, and to avoid the sorts of large-scale breakdowns in the electoral process that might undermine it, the current Electoral Commission must embrace major reforms. One of the Electoral Commission's most pressing problems is the fact that opposition parties believe it is strongly biased in favor of the ruling …

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Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Connor Jan 2002

Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Connor

Vanderbilt Law School Faculty Publications

This piece is a response to an article by Andrew Guzman, which proffers an efficiency framework for choice-of-law problems in interjurisdictional conflicts. The response incorporates insights from public choice theory into choice of law to draw two conclusions. First, public choice theory confounds our attempts to draw normative conclusions about efficient choice-of-law policies. Second, assuming that we can overcome these difficulties to ascertain the content of efficient choice-of-law policies, public choice theory exposes the practical difficulties of moving courts toward more efficient choice-of-law decisions. In short, the problem is both more difficult and more elusive than others, including Guzman, have …

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On Apology And Consilience, Erin O'Connor Jan 2002

On Apology And Consilience, Erin O'Connor

Vanderbilt Law School Faculty Publications

This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.

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The Jurisprudence And Politics Of Forum-Selection Clauses, Erin O'Connor Jan 2002

The Jurisprudence And Politics Of Forum-Selection Clauses, Erin O'Connor

Vanderbilt Law School Faculty Publications

Recent US court enforcement of foreign forum-selection clauses is durable only to the extent that the clauses make the contracts more valuable to the parties. The clauses can create value by making dispute resolution more certain, reliable, sensible, or efficient. In a few cases, the clauses can create value by significantly increasing the costs of formal dispute resolution. However, sometimes forum-selection clauses create no value. Rather, they simply reflect the stronger contracting party's desire to litigate at home. In these cases, both parties to the contract prefer a legal rule under which foreign forum-selection clauses are not enforced. Forum-selection clauses …

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The Law And Large Numbers, Paul H. Edelman Jan 2002

The Law And Large Numbers, Paul H. Edelman

Vanderbilt Law School Faculty Publications

Can mathematics be used to inform legal analysis? This is not a ridiculous question. Law has certain superficial resem­blances to mathematics. One might view the Constitution and various statutes as providing "axioms" for a deductive legal sys­tem. From these axioms judges deduce "theorems" consisting of interpretation of these axioms in certain situations. Often these theorems are built on previously "proven" theorems, i.e. earlier decisions of the court. Of course some of the axioms might change, and occasionally a theorem that was once true becomes false; the former is a common feature of mathematics, the latter, though theoretically not possible in …

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