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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Theory Of Economic Policy And The Law Of Torts, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.