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2009

Selected Works

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Articles 1 - 30 of 1873

Full-Text Articles in Law

Justice And Fairness In The Dictator Game, Bart Wilson, Karl Schurter Aug 2014

Justice And Fairness In The Dictator Game, Bart Wilson, Karl Schurter

Bart J Wilson

No abstract provided.


An Experimental Inquiry Into The Social Construction Of Property, Vernon Smith, Bart Wilson, Erik Kimbrough Aug 2014

An Experimental Inquiry Into The Social Construction Of Property, Vernon Smith, Bart Wilson, Erik Kimbrough

Bart J Wilson

We design a laboratory experiment to explore whether and how property rights emerge in a specialization and exchange environment where theft is costless. Additional treatments examine various enforcement mechanisms to determine whether private actions can produce agreement to respect property. We find that although an absence of exogenous enforcement does not hamper property’s emergence in all cases, private enforcement instruments tend to worsen outcomes. Property emerges when subjects form groups, understand potential gains from trade, convince group members that all benefit by avoiding theft, and display credible commitment to cooperation in their actions. In other words, as Hume argued ...


Contra Private Fairness, Bart Wilson Aug 2014

Contra Private Fairness, Bart Wilson

Bart J Wilson

This paper attempts to clarify our understanding of the everyday use of fair as we apply it to economic behavior. I first examine the decomposition of fair into its semantic primitives and discuss implications of recent research which indicates that the word is untranslatable into any other language, i.e., the concept of fair is distinctly Anglo. I also make a Wittgensteinian appeal to context and human sociality as an indispensable tether for what we mean by a fair experience and what we epistemologically know about fairness. The principal implication of this is that rules that guide fair behavior are ...


Exchange And Specialisation As A Discovery Process, Bart Wilson, Sean Crockett, Vernon Smith Aug 2014

Exchange And Specialisation As A Discovery Process, Bart Wilson, Sean Crockett, Vernon Smith

Bart J Wilson

No abstract provided.


Appointed To Three Year Term On Finance Committee Of The Town Of Westport, Massachusetts, Charles Baron Aug 2013

Appointed To Three Year Term On Finance Committee Of The Town Of Westport, Massachusetts, Charles Baron

Charles H. Baron

No abstract provided.


Elected To The Board Of Directors Of The Westport River Watershed Alliance, Charles Baron Aug 2013

Elected To The Board Of Directors Of The Westport River Watershed Alliance, Charles Baron

Charles H. Baron

No abstract provided.


Transnational Law In Support Of Science; Science In Support Of Transnational Law, Charles Baron Aug 2013

Transnational Law In Support Of Science; Science In Support Of Transnational Law, Charles Baron

Charles H. Baron

No abstract provided.


Separation Of Santa And State Is Smart, Fair, Alan E. Garfield Dec 2009

Separation Of Santa And State Is Smart, Fair, Alan E. Garfield

Alan E Garfield

No abstract provided.


¿Por Qué Celebramos La Navidad?, Jorge Adame Goddard Dec 2009

¿Por Qué Celebramos La Navidad?, Jorge Adame Goddard

Jorge Adame Goddard

No abstract provided.


Copyright For A Social Species, Robert E. Suggs Dec 2009

Copyright For A Social Species, Robert E. Suggs

Robert E. Suggs

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry. The expressive culture that copyright protects ...


Minorities And Privatization: Economic Mobility At Risk, Robert Suggs Dec 2009

Minorities And Privatization: Economic Mobility At Risk, Robert Suggs

Robert E. Suggs

This important study identifies the effects of municipal privatization on blacks and Hispanics. The author examines three fundamental issues: how privatization affects minority employment in municipal government; how it affects minority employment in the resulting private sector positions; and how it affects city contracting among minority-owned businesses. Contents: Introduction; Privatization in Theory and Practice; The Impact of Privatization on Minority Employment in Government; The Impact of Privatization on Minority Employment in the Private Sector; The Impact of Privatization on Minority Business Opportunities; Recommendations.


Poisoning The Well: Law & Economics And Racial Inequality, Robert Suggs Dec 2009

Poisoning The Well: Law & Economics And Racial Inequality, Robert Suggs

Robert E. Suggs

The standard Law & Economics analysis of racial discrimination has stunted our thinking about race. Its early conclusion, that laws prohibiting racial discrimination were unnecessary and wasteful, discredited economic analysis of racial phenomena within the civil rights community. As a consequence we know little about the impact of racial discrimination on commercial transactions between business firms. Laws do not prohibit racial discrimination in transactions between business firms, and the disparity in business revenues between racial minorities and the white mainstream dwarf disparities in income by orders of magnitude. This disparity in business revenues is a major factor in the persistence of ...


Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs Dec 2009

Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs

Robert E. Suggs

This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic ...


Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs Dec 2009

Business Combination Antitakeover Statutes, The Unintended Repudiation Of The Internal Affairs Doctrine, And Constitutional Constraints On Choice Of Law, Robert E. Suggs

Robert E. Suggs

This article examines the constitutional validity of business combination antitakeover statutes. Delaware and other important corporate law jurisdictions enacted these statutes during the 1980s to inhibit hostile leveraged corporate takeovers and protect incumbent managements. These statutes work by prohibiting transactions which enable a hostile acquirer with a mere majority of target stock to sell target assets for cash and retain all the cash to service acquisition debt while paying off with securities the minority shareholders' interest in the assets sold. This allows the takeover to be financed with the assets acquired. Analyzing the structural operation of these statutes in greater ...


Racial Discrimination In Business Transactions, Robert E. Suggs Dec 2009

Racial Discrimination In Business Transactions, Robert E. Suggs

Robert E. Suggs

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure ...


Rethinking Minority Business Development Strategies, Robert E. Suggs Dec 2009

Rethinking Minority Business Development Strategies, Robert E. Suggs

Robert E. Suggs

Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating ...


A Dialogue In Search Of Meaning, Robert E. Suggs Dec 2009

A Dialogue In Search Of Meaning, Robert E. Suggs

Robert E. Suggs

No abstract provided.


Multi-Community Membership, Free Riders, And Effective Governance, Robert Suggs Dec 2009

Multi-Community Membership, Free Riders, And Effective Governance, Robert Suggs

Robert E. Suggs

No abstract provided.


Bank Stock Returns Under Money Supply Endogeneity: Empirical Evidence Using Panel Data, Zatul Badarudin, Mohamed Ariff, Ahmed Khalid Dec 2009

Bank Stock Returns Under Money Supply Endogeneity: Empirical Evidence Using Panel Data, Zatul Badarudin, Mohamed Ariff, Ahmed Khalid

Ahmed Khalid

There is as yet a study of money supply effect on the aggregate bank stock prices using modern money supply theories. Endogenous money theory suggests loans made by banks cause deposits, and, consequently, bank creates money supply. Resulting changes in bank’s loans and deposits affects bank stock returns: Also, consequent credit creations/reductions affect a bank’s profitability, thus stock prices. Whether money endogeneity is in fact the way the money supply behaves has also not yet been widely tested. Applying panel regression and generalized method of moments, this paper provides new evidence on this little explored relationship between ...


Consent To The Use Of Stored Dna For Genetics Research: A Survey Of Attitudes In The Jewish Population, Marc D. Schwartz, Karen H. Rothenberg, Linda Joseph, Judith Benkendorf, Caryn Lerman Dec 2009

Consent To The Use Of Stored Dna For Genetics Research: A Survey Of Attitudes In The Jewish Population, Marc D. Schwartz, Karen H. Rothenberg, Linda Joseph, Judith Benkendorf, Caryn Lerman

Karen H. Rothenberg

No abstract provided.


Recalibrating The Moral Compass: Expanding "Thinking Like A Lawyer" Into "Thinking Like A Leader", Karen Rothenberg Dec 2009

Recalibrating The Moral Compass: Expanding "Thinking Like A Lawyer" Into "Thinking Like A Leader", Karen Rothenberg

Karen H. Rothenberg

This essay was prepared for the Leadership in Legal Education Symposium IX.


Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn Dec 2009

Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn

Karen H. Rothenberg

No abstract provided.


Building Community, Recognizing Dignity: Beyond The Ada, Karen Rothenberg, Alan Hornstein Dec 2009

Building Community, Recognizing Dignity: Beyond The Ada, Karen Rothenberg, Alan Hornstein

Karen H. Rothenberg

No abstract provided.


Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg Dec 2009

Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg

Karen H. Rothenberg

In this article, the authors discuss the Maryland Court of Appeals decision in the case of Grimes v. Kennedy Krieger Institute, Inc. and its implications for the tort duty owed by researchers, in particular public health researchers, to their subjects. The Opinion resulted from two lawsuits alleging lead poisoning of children enrolled in a study conducted by the Kennedy Krieger Institute, a world renown pediatric research and treatment facility. The opinion shocked the research establishment with its scathing characterization of researchers and its apparent holding that in Maryland a parent cannot consent to the participation of a child in "nontherapeutic ...


Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg Dec 2009

Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Karen H. Rothenberg

The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results to inform ...


Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg Dec 2009

Genetic Information And Health Insurance: State Legislative Approaches, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen Dec 2009

Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen

Karen H. Rothenberg

Tributes to Professor Andrew King upon his retirement from the University of Maryland School of Law.


Social Implications Of Genetic Testing, Karen H. Rothenberg Dec 2009

Social Implications Of Genetic Testing, Karen H. Rothenberg

Karen H. Rothenberg

This paper examines the social implications of predictive genetic testing and its impact on the insurance industry. Although the Human Genome Project has the potential to improve the health of our nation, it also may serve as a means of highlighting genetic differences among individuals and ethnic groups. Thus, if we are to reach the full promise of the Project, society must address the public's fears of genetic discrimination in insurance and employment context. Following an analysis of state and federal legislation on genetic privacy and discrimination, the paper concludes with a challenge to the insurance industry to work ...


Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins Dec 2009

Genetic Information And The Workplace: Legislative Approaches And Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, Francis Collins

Karen H. Rothenberg

No abstract provided.


The Right To Forego Life-Sustaining Treatment: Legal Trends And Emerging Issues, Karen H. Rothenberg Dec 2009

The Right To Forego Life-Sustaining Treatment: Legal Trends And Emerging Issues, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.