Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 18 of 18
Full-Text Articles in Law and Economics
Six Degrees Of Graduation: Law And Economics Of Variable Sanctions, Alex Raskolnikov
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.