Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Distributive Justice (2)
- Public Policy (2)
- Social Justice (2)
- Welfare Economics (2)
- And Economic Stability Act; Detroit; Puerto Rico; Municipal Bankruptcy; Federalism; (1)
-
- Bankruptcy Law; Bankruptcy Code; Chapter 11; Chapter 7; Chapter 9; Public Law; Judge; Judging; Structural Reform; Constitution; Constitutional Law; Private Law; Debtor; Creditor; PROMESA; Puerto Rico Oversight (1)
- Cost-benefit analysis (1)
- Criminal justice (1)
- Democracy (1)
- Economic Development (1)
- Externalities (1)
- Fragmentation (1)
- Gifts (1)
- Incentives (1)
- Information (1)
- Management (1)
- Political participation (1)
- Postal Service (1)
- Pressure groups (1)
- Punishment (1)
- Rationing (1)
- Social costs (1)
- Structure (1)
- USPS (1)
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law and Economics
Towards A Jurisprudence Of Public Law Bankruptcy Judging, Edward J. Janger
Towards A Jurisprudence Of Public Law Bankruptcy Judging, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
In this essay Professor Janger considers the role of bankruptcy judges in Chapter 9 cases in light of the scholarly literature on public law judging. He explores the extent to which bankruptcy judges engaged in the fiscal restructuring of a municipality use tools, and face constraints, similar to those utilized by federal district court judges in structural reform cases, where constitutional norms are at issue.
Putting Distribution First, Robert C. Hockett
Putting Distribution First, Robert C. Hockett
Robert C. Hockett
It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in …
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Michigan Law Review
Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …
How The United States Postal Service (Usps) Could Encourage More Local Economic Development, Randall K. Johnson
How The United States Postal Service (Usps) Could Encourage More Local Economic Development, Randall K. Johnson
Journal Articles
Over the last ten years, the United States Congress has made it increasingly difficult for the United States Postal Service ("USPS")1 to encourage economic development on the ground. Congress has deprived the USPS of its traditional means of achieving local economic development goals, which have largely benefited sub-national governments by providing indirect federal subsidies. This deprivation has occurred, at least in part, through the 2006 Postal Accountability and Enhancement Act ("PAE Act"), which expressly limits the USPS's right to offer certain non-services like domestic money transfers and other financial products. In an attempt to provide a measure of guidance to …
Putting Distribution First, Robert C. Hockett
Putting Distribution First, Robert C. Hockett
Cornell Law Faculty Publications
It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in …
Patriotic Philanthropy? Financing The State With Gifts To Government, Margaret H. Lemos, Guy-Uriel Charles
Patriotic Philanthropy? Financing The State With Gifts To Government, Margaret H. Lemos, Guy-Uriel Charles
Faculty Scholarship
Federal and state law prohibit government officials from accepting gifts or “emoluments” from outside sources. The purpose of gift bans, like restrictions on more explicit forms of bribery, is to protect the integrity of political processes and to ensure that decisions about public policy are made in the public interest — not to advance a private agenda. Similar considerations animate regulations on campaign funding and lobbying. Yet private entities remain free to offer gifts to government itself, to foot the bill for particular public projects they would like to see government pursue. Such gifts — dubbed “patriotic philanthropy” by one …