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Full-Text Articles in Law
Incidence And Accidents: Regulation Of Executive Compensation Through The Tax Code, Joy Mullane
Incidence And Accidents: Regulation Of Executive Compensation Through The Tax Code, Joy Mullane
Working Paper Series
Congress has enacted a number of tax provisions that aim to penalize companies and their executives when the executive is paid more than Congress thinks is desirable. Congress was motivated to enact these provisions by intense public sentiments regarding executive compensation levels during times of economic turmoil. This article demonstrates, however, that not only are these provisions ineffective at reducing executive compensation levels, but they penalize the wrong people. This article reveals that the penalties do not significantly fall on the executives that Congress was targeting with enactment of the penalties. Instead, these penalties impose costs on a variety of …
One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll
One For All: The Problem Of Uniformity Cost In Intellectual Property Law, Michael W. Carroll
Working Paper Series
Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. Historically, this uniformity may have been justified in light of the relative homogeneity of market conditions applicable to protected subject matter, such as books or mechanical inventions. Technological progress since the founding has led to considerable growth in the range of inventions and expressive works to which patent and copyright law apply, respectively. In the modern context, it is clear that innovators’ needs for intellectual property protection vary substantially across industries and among types of innovation. Applying …
Utility, The Good And Civic Happiness: A Catholic Critique Of Law And Economics, Mark A. Sargent
Utility, The Good And Civic Happiness: A Catholic Critique Of Law And Economics, Mark A. Sargent
Working Paper Series
This paper contrasts the value maximization norm of welfare economics that is central to law and economics in its prescriptive mode to the Aristotelian/Aquinian principles of Catholic social thought. The reluctance (or inability) of welfare economics and law and economics to make judgments about about utilities (or preferences) differs profoundly from the Catholic tradition (rooted in Aristotle as well as religious faith) of contemplation of the nature of the good. This paper also critiques the interesting argument by Stephen Bainbridge that homo economicus bears a certain affinity to fallen man, and that law and economics thus provides appropriate rules for …