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Maurer School of Law: Indiana University

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Articles 181 - 210 of 243

Full-Text Articles in Law and Economics

Status And Incentive Aspects Of Judicial Decisions, Jeffrey E. Stake Jan 1991

Status And Incentive Aspects Of Judicial Decisions, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.


Relaxing Traditional Economic Assumptions And Values: Toward A New Disciplinary Discourse On Law, Kenneth G. Dau-Schmidt Jan 1991

Relaxing Traditional Economic Assumptions And Values: Toward A New Disciplinary Discourse On Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

Economics has been viewed traditionally as a discipline removed from other, "softer", fields of social analysis. Professor R. Malloy has fought to remove these barriers and encourage interdisciplinary dialogue. In a field previously dominated by normative values of majority power holders, a multidisciplinary approach allows for a more extensive examination of social trends and the question of innate human "rights". By relaxing the assumptions of traditional neoclassical economic analysis, one can gain a theoretical perspective that includes insights from multiple disciplines. This article reinforces Malloy's conceptualization of new social analysis, hoping to further this new interdisciplinary cooperation.


Cleaning Up Krakow: Poland's Ecological Crisis And The Political Economy Of International Environmental Assistance, Daniel H. Cole Jan 1991

Cleaning Up Krakow: Poland's Ecological Crisis And The Political Economy Of International Environmental Assistance, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt Jan 1990

An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

In this Article I provide an economic analysis of criminal law as a preference-shaping policy. I argue that in addition to creating disincentives for criminal activity, criminal punishment is intended to promote various social norms of individual behavior by shaping the preferences of criminals and the population at large. By taking into account this preference-shaping function, I explain many of the characteristics of criminal law that have heretofore escaped the logic of the economic model. It is also the preference-shaping function and the prerequisite ordering of preferences that distinguish criminal law from tort law. My analysis suggests that society will …


Economic Analysis In The Courts: Limits And Constraints, Larry L. Chubb Jul 1989

Economic Analysis In The Courts: Limits And Constraints, Larry L. Chubb

Indiana Law Journal

No abstract provided.


Populist And Economic V. Feudal: Approaches To Industry Self-Regulation In The United States And England, Robert H. Heidt Jan 1989

Populist And Economic V. Feudal: Approaches To Industry Self-Regulation In The United States And England, Robert H. Heidt

Articles by Maurer Faculty

English and American courts treat industry self-regulation very differently. American courts have been generally slow to acknowledge the legitimacy of self-regulation. Once they accept the need for some degree of self-regulation, however, the American courts, under the growing influence of the Chicago school, have become increasingly willing to uphold the regulation on the grounds of economic efficiency. The English courts have had less difficulty recognizing the legitimate role industry self-regulation plays. In determining the reasonableness of the regulatory scheme, however, the English courts adopt a protectionist approach which favours the status quo within the industry. These distinctions, the author argues, …


Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt Jan 1988

Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.


Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake Jan 1988

Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.


Trademark Law, Economics And Grey-Market Policy, Lars H. Liebeler Jul 1987

Trademark Law, Economics And Grey-Market Policy, Lars H. Liebeler

Indiana Law Journal

No abstract provided.


Sale-Leasebacks: A Search For Economic Substance, Stephan L. Hodge Oct 1986

Sale-Leasebacks: A Search For Economic Substance, Stephan L. Hodge

Indiana Law Journal

No abstract provided.


Negligence, Economic Loss, And The U.C.C., David B. Gaebler Jul 1986

Negligence, Economic Loss, And The U.C.C., David B. Gaebler

Indiana Law Journal

No abstract provided.


The Politics Of The Coase Theorem And Its Relationship To Modern Legal Thought, Donald H. Gjerdingen Jan 1986

The Politics Of The Coase Theorem And Its Relationship To Modern Legal Thought, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.


Empirical Research And The Shareholder Derivative Suit: Toward A Better-Informed Debate, Bryant G. Garth, Ilene H. Nagel, Sheldon J. Plager Jan 1985

Empirical Research And The Shareholder Derivative Suit: Toward A Better-Informed Debate, Bryant G. Garth, Ilene H. Nagel, Sheldon J. Plager

Articles by Maurer Faculty

No abstract provided.


Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt Jan 1984

Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

This Article evaluates two different economic models of criminal law as applied to the enforcement of antitrust laws. The author argues that economic models which propose antitrust punishment be limited to fines and then to fines that are levied against only business entities, are deficient because they account for only the general deterrent effect of punishment and include a value of criminal benefit for the offender, a value not shared by society. He presents, as an alternative, a model that accounts for benefits afforded by incarceration such as the signaling of what is a criminal offense, changes in the criminal's …


Applying Strict Liability To Professionals: Economic And Legal Analysis, Frank J. Vandall Jan 1983

Applying Strict Liability To Professionals: Economic And Legal Analysis, Frank J. Vandall

Indiana Law Journal

No abstract provided.


The Coase Theorem And The Psychology Of Common-Law Thought, Donald H. Gjerdingen Jan 1983

The Coase Theorem And The Psychology Of Common-Law Thought, Donald H. Gjerdingen

Articles by Maurer Faculty

The Coase Theorem is a simple proposition-in the absence of transaction costs, a Pareto optimal result will occur regardless of the initial placement of legal liability. Despite this apparent simplicity, however, Coase's economic parable has provoked intense debate in the legal community. Why does the theorem grate on the hardened intuitions of so many lawyers? The thesis of this Article is that a connection exists between the adoption or rejection of a given school of legal thought and the use of certain psychological constructs. Specifically, this Article argues that the constructs underlying the Coase Theorem are incompatible with those underlying …


An Appropriate Economic Model Of Judicial Review Of Suburban Growth Control, Neal A. Roberts Apr 1980

An Appropriate Economic Model Of Judicial Review Of Suburban Growth Control, Neal A. Roberts

Indiana Law Journal

No abstract provided.


An Economic Analysis Of Direct Voter Participation In Zoning Change, A. Dan Tarlock Jan 1980

An Economic Analysis Of Direct Voter Participation In Zoning Change, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle Oct 1978

Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle

Indiana Law Journal

No abstract provided.


Roland J. Stanger: An Appreciation, John P. Dawson Apr 1978

Roland J. Stanger: An Appreciation, John P. Dawson

Indiana Law Journal

No abstract provided.


Decision Theory And Antitrust: Quantitative Evaluation For Efficient Enforcement, Ira Horowitz Jul 1977

Decision Theory And Antitrust: Quantitative Evaluation For Efficient Enforcement, Ira Horowitz

Indiana Law Journal

No abstract provided.


The Possibilities And Limits Of Decision Theory In Antitrust: A Response To Professor Horowitz, Joseph F. Brodley Jul 1977

The Possibilities And Limits Of Decision Theory In Antitrust: A Response To Professor Horowitz, Joseph F. Brodley

Indiana Law Journal

No abstract provided.


The Multinational Enterprise And United States Foreign Economic Policy, Jack N. Behrman Apr 1977

The Multinational Enterprise And United States Foreign Economic Policy, Jack N. Behrman

Indiana Law Journal

No abstract provided.


Liquidated Damages As Prima Facie Evidence, James Patrick Fenton Oct 1975

Liquidated Damages As Prima Facie Evidence, James Patrick Fenton

Indiana Law Journal

No abstract provided.


Industrial Deconcentration And Legal Feasibility: The Efficiencies Defense, Joseph F. Brodley Jan 1975

Industrial Deconcentration And Legal Feasibility: The Efficiencies Defense, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.


Private Markets And Social Control, Lloyd D. Orr Oct 1974

Private Markets And Social Control, Lloyd D. Orr

IUSTITIA

The continuing failure of society to deal adequately with its problems has led to criticism that goes beyond the imperfections of a fundamentally sound social organization. Individual economic incentive and private markets, the basics of our economic organization, are condemned as inherently destructive of desirable social goals. It may be that such criticism is naive with respect to the basic history of economic organization and the prospects for meaningful alternatives. It also may be that the "solutions" offered are frequently more authoritarian than the critics allege the present system to be. We are still left to ponder the vital, long-standing, …


Book Review. Massive Industrial Size, Classical Economics, And The Search For Humanistic Value, Joseph F. Brodley Jan 1972

Book Review. Massive Industrial Size, Classical Economics, And The Search For Humanistic Value, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.


N-Person Game Theory: Concepts And Applications, By Anatol Rapoport, Robert L. Birmingham Apr 1970

N-Person Game Theory: Concepts And Applications, By Anatol Rapoport, Robert L. Birmingham

Indiana Law Journal

No abstract provided.


An Economist's Analysis Of A Vertical Acquisition: The Inland-Ryerson Merger, Rosemary D. Hale Jan 1970

An Economist's Analysis Of A Vertical Acquisition: The Inland-Ryerson Merger, Rosemary D. Hale

Indiana Law Journal

No abstract provided.


The Theory Of Economic Policy And The Law Of Torts, Robert L. Birmingham Jan 1970

The Theory Of Economic Policy And The Law Of Torts, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.