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Full-Text Articles in Law and Economics

Six Degrees Of Graduation: Law And Economics Of Variable Sanctions, Alex Raskolnikov Apr 2016

Six Degrees Of Graduation: Law And Economics Of Variable Sanctions, Alex Raskolnikov

Florida State University Law Review

From parking tickets to tax fines and punitive damages, legal sanctions matter in people’s lives. Yet neither the legal nor the economics literature offers a comprehensive treatment of sanctions. Their practical complexity is not well understood, and their theoretical analysis is fragmented. This Essay addresses both limitations using tax law as a primary example. Sanctions are complex because they vary along at least six different dimensions: aggressiveness, magnitude, culpability, effort to comply, likelihood of detection, and offense history. These six degrees of sanction graduation are distinct, and potentially independent, but often intertwined in obscure and perplexing ways. After clarifying the …


Through The Lens Of Innovation, Mirit Eyal-Cohen Apr 2016

Through The Lens Of Innovation, Mirit Eyal-Cohen

Florida State University Law Review

The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of entrepreneurship. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Entrepreneurship turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviation as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Through …


The Moral Hazard Of Contract Drafting, Eric A. Zacks Jul 2015

The Moral Hazard Of Contract Drafting, Eric A. Zacks

Florida State University Law Review

This Article identifies and examines the principal-agent problem as it arises in the context of contract preparation. The economic agency relationship, as it may be understood to exist for contract drafting, provides a superior framework for understanding and reforming the inability of the non-drafting party (the principal) to control the drafting party (the agent). As an economic agent, the drafting party faces a moral hazard when preparing the contract because of the differing interests of the parties as well as the information and control asymmetries that exists. For example, the use of standard form contracts in consumer transactions is an …


Law And Economic Exploitation In An Anti-Classification Age, Hila Keren Jan 2015

Law And Economic Exploitation In An Anti-Classification Age, Hila Keren

Florida State University Law Review

Does our legal system permit the economic exploitation of extreme vulnerability? Focusing on predatory housing loans—a thriving business at the dawn of the twenty-first century—this Article argues that the answer in most cases is yes. Under an individualistic neoliberal paradigm, borrowers are held liable for their contracts, even if they were targeted with predatory practices. Further, borrowers’ attempts to resort to antidiscrimination law, and frame their exploitation as “reverse redlining,” have offered no real answer. An important yet undertheorized explanation for this problem is the impact of the Supreme Court’s anti-classification jurisprudence on lower courts. In an anti-classification age, even …


Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovation, Jerome H. Reichman Jan 2007

Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovation, Jerome H. Reichman

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua Jan 2007

Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Stepchildren Of The Eu: Bulgaria And Romania, Ruth Jackson Lee Jan 2007

The Stepchildren Of The Eu: Bulgaria And Romania, Ruth Jackson Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.


What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli Jan 2006

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Recent Developments, John Merritt Lockwood Jan 2006

Recent Developments, John Merritt Lockwood

Florida State University Journal of Transnational Law & Policy

No abstract provided.


E-Commerce And The Taxation Doctrine Of Permanent Establishment In The United States And China, Susan K. Duke Jan 2005

E-Commerce And The Taxation Doctrine Of Permanent Establishment In The United States And China, Susan K. Duke

Florida State University Journal of Transnational Law & Policy

No abstract provided.


How Long Must One Stay In The Usvi To Be Considered A "Resident" To Qualify For The 90% Residency Tax Credit?, Beckett G. Cantley Jan 2003

How Long Must One Stay In The Usvi To Be Considered A "Resident" To Qualify For The 90% Residency Tax Credit?, Beckett G. Cantley

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Grouping Towards Utopia: Capitalism, Public Policy, And Rawls' Theory Of Justice, James Ottavio Castagnera Jan 2002

Grouping Towards Utopia: Capitalism, Public Policy, And Rawls' Theory Of Justice, James Ottavio Castagnera

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Globalization Of Law: International Merger Control And Competition Law In The United States, The European Union, Latin America And China, Kenneth J. Hamner Jan 2002

The Globalization Of Law: International Merger Control And Competition Law In The United States, The European Union, Latin America And China, Kenneth J. Hamner

Florida State University Journal of Transnational Law & Policy

No abstract provided.


China's One Country, Two Systems Paradigm Extends Itself Beyond The Mainland's Borders To The Southern Provincial Government Of Hong Kong, William I. Friedman Jan 2001

China's One Country, Two Systems Paradigm Extends Itself Beyond The Mainland's Borders To The Southern Provincial Government Of Hong Kong, William I. Friedman

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Encouraging Foreign Direct Investment In Vietnam: Economic Reform, Protection Against Expropriation, And International Arbitration, Hiep D. Truong Jan 1999

Encouraging Foreign Direct Investment In Vietnam: Economic Reform, Protection Against Expropriation, And International Arbitration, Hiep D. Truong

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer Jan 1999

Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Establishing And Protecting United States Foreign Investment In A Post Castro Cuba: By Waiting For Castro, Will U.S. Investors Miss The Boat?, Francisco J. Viñas Jan 1996

Establishing And Protecting United States Foreign Investment In A Post Castro Cuba: By Waiting For Castro, Will U.S. Investors Miss The Boat?, Francisco J. Viñas

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Foreign Investment Laws Of China And The United States: A Comparative Study, Henry J. Graham Jan 1996

Foreign Investment Laws Of China And The United States: A Comparative Study, Henry J. Graham

Florida State University Journal of Transnational Law & Policy

No abstract provided.