Open Access. Powered by Scholars. Published by Universities.®

Law and Economics Commons

Open Access. Powered by Scholars. Published by Universities.®

New York Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 97

Full-Text Articles in Law and Economics

Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School May 2023

Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School

Reports and Resources

No abstract provided.


Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael Goodyear Apr 2021

Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael Goodyear

Articles & Chapters

Bollywood and the Indian film industry have enjoyed enormous success as one of the largest producers of movies in the world. Yet despite the bright image of Indian cinema producing over a thousand movies a year and selling billions of tickets, the industry has faced controversy over the practice of copying expression, sometimes practically scene for scene, in U.S. and other films and adapting them into a version that reflects Indian social and cinematic customs and mores (“Indian cultural adaptation”). A long-standing practice, Indian cultural adaptation in Bollywood has only attracted the attention of Hollywood studios in the past twenty …


A Rising Tide Lifts All Consumers: Penumbras Of Foreign Data Protection Laws In The United States, Michael Goodyear Jan 2021

A Rising Tide Lifts All Consumers: Penumbras Of Foreign Data Protection Laws In The United States, Michael Goodyear

Articles & Chapters

With the growth of collecting, processing, and transferring personal information to third parties, consumers’ data is increasingly exposed to a myriad of risks. Perhaps chief among these are the data protection practices of data collectors themselves. Yet despite the risk to consumers, U.S. data protection law has remained fragmented, focused on individual industries at the federal law and only made comprehensive, occasionally, at the state level. This lack of a comprehensive data protection law in the United States is a significant detriment to the security of U.S. consumers. International law also offers no such path that could comprehensively protect U.S. …


Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins Jan 2021

Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins

Articles & Chapters

New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of eviction especially those within Black and Latinx communities. In addition, the pandemic hit just as the legal landscape for tenants was transformed through landmark legislation ensuring the Right to Counsel in eviction proceedings and sweeping reforms of New York's rent laws. The unparalleled COVID-19 pandemic, the influx of …


Fighting Fire With Fire: A Repeat Violator Policy For The Wto, Michael Goodyear May 2019

Fighting Fire With Fire: A Repeat Violator Policy For The Wto, Michael Goodyear

Articles & Chapters

The Trump presidency and other reactionary conservative governments present an immensely powerful danger to the World Trade Organization ("WTO"). The WTO is largely built on Members' willingness to comply with its rules, and the current Dispute Settlement Understanding ("DSU") is too weak to deter an avowed enemy of the WTO such as President Trump. This poor enforcement system particularly hurts developing countries, which lack the power under the DSU to effectively deter economic giants like the United States. The recent Doha Round was supposed to create a more effective enforcement mechanism under the DSU, but it fell apart before any …


Punishment Without Process: Victim Impact Proceedings For Dead Defendants, Bruce Green, Rebecca Roiphe Jan 2019

Punishment Without Process: Victim Impact Proceedings For Dead Defendants, Bruce Green, Rebecca Roiphe

Articles & Chapters

After Jeffrey Epstein committed suicide in jail, two judges allowed his accusers to speak in court. This article argues that the proceedings were inappropriate because the criminal case ends when the defendant dies. If the conviction and appeal are not final, there is no finding of guilt, and the defendant is still presumed innocent. Allowing accusers to speak at this time violates the principle of due process and threatens to undermine faith in judges and the criminal justice system in general. While courts are at times legally required to hear from victims of crimes, they were not allowed to do …


Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jan 2016

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell

Articles & Chapters

Politically charged claims about both "capitalism" and "risk" became increasingly insistent in the late twentieth century. The end of the post-World War II boom in the 1970s and the subsequent breakup of the Soviet Union inspired fervent new commitments to capitalist ideas and institutions. At the same time structural changes in the American economy and expanded industrial development across the globe generated sharpening anxieties about the risks that those changes entailed. One result was an outpouring of roseate claims about capitalism and its ability to control those risks, including the use of new techniques of "risk management" to tame financial …


Shareholder Cultivation And New Governance, Tamara Belinfanti Jan 2014

Shareholder Cultivation And New Governance, Tamara Belinfanti

Articles & Chapters

Several formal proposals have been made to address shareholder short-termism and speculative behavior. These include the imposition of a financial transaction tax, changes to the U.S. capital gains tax rate, and the adoption of an Investor Stewardship Code in the United Kingdom. This Article reverses the focus from top-down solutions and instead, focuses on bottom-up grass root solutions that corporations can employ, and in some cases do already employ to achieve substantially the same effect of rewarding certain types of shareholder behavior while discouraging others — a process I refer to as "Shareholder Cultivation." While many of the techniques and …


Everything Must Stay In Place - President Business, The Lego Movie, Tamara Belinfanti Jan 2014

Everything Must Stay In Place - President Business, The Lego Movie, Tamara Belinfanti

Other Publications

No abstract provided.


Dodd-Frank And International Regulatory Convergence: The Case For Mutual Recognition, Nicholas W. Turner '12 Jan 2013

Dodd-Frank And International Regulatory Convergence: The Case For Mutual Recognition, Nicholas W. Turner '12

NYLS Law Review

No abstract provided.


A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning Jan 2013

A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning

Articles & Chapters

No abstract provided.


Beyond Economics In Pay For Performance, Tamara C. Belinfanti Oct 2012

Beyond Economics In Pay For Performance, Tamara C. Belinfanti

Articles & Chapters

This article argues that while much of the intellectual energy has focused on the economics of executive pay, the challenge of executive compensation is as much a challenge of human behavior as it is one of economics. The raison d’etre of pay for performance (PFP) is to motivate executives to make decisions that are in the best interest of their firm and its shareholders. Attention to the relevant individual, situational, cultural, and institutional dynamics (what I term “behavioral dynamics”) that affect how executives are motivated and how they value future rewards is critical for the sustainability of PFP as a …


Sec V. Byers, David M. Brown Jan 2012

Sec V. Byers, David M. Brown

NYLS Law Review

No abstract provided.


Lyondell: A Note Of Approbation, William W. Bratton Jan 2011

Lyondell: A Note Of Approbation, William W. Bratton

NYLS Law Review

No abstract provided.


Bricks, Mortar, And Google: Defining The Relevant Antitrust Market For Internet-Based Companies, Jared Kagan Jan 2011

Bricks, Mortar, And Google: Defining The Relevant Antitrust Market For Internet-Based Companies, Jared Kagan

NYLS Law Review

No abstract provided.


Meaningful Good Faith: Managerial Motives And The Duty To Obey The Law, Peter C. Kostant Jan 2011

Meaningful Good Faith: Managerial Motives And The Duty To Obey The Law, Peter C. Kostant

NYLS Law Review

No abstract provided.


Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach Jan 2011

Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach

NYLS Law Review

No abstract provided.


Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter Jan 2011

Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter

NYLS Law Review

No abstract provided.


The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones Jan 2011

The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones

NYLS Law Review

No abstract provided.


What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin Jan 2011

What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin

NYLS Law Review

No abstract provided.


The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson Jan 2011

The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson

NYLS Law Review

No abstract provided.


Good Faith In Revlon-Land, Christopher M. Bruner Jan 2011

Good Faith In Revlon-Land, Christopher M. Bruner

NYLS Law Review

No abstract provided.


Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall Jan 2011

Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall

NYLS Law Review

No abstract provided.


Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman Jan 2011

Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman

NYLS Law Review

No abstract provided.


Good Faith After Disney: Justice Berger’S Closing Discussion, Carolyn Berger Jan 2011

Good Faith After Disney: Justice Berger’S Closing Discussion, Carolyn Berger

NYLS Law Review

No abstract provided.


Estate Of Pew V. Cardarelli, Natallia Krauchuk Jan 2010

Estate Of Pew V. Cardarelli, Natallia Krauchuk

NYLS Law Review

No abstract provided.


Short Selling And The News: A Preliminary Report On An Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock Jan 2010

Short Selling And The News: A Preliminary Report On An Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock

NYLS Law Review

No abstract provided.


Counterparty Regulation And Its Limits: The Evolution Of The Credit Default Swaps Market, Houman B. Shadab Jan 2010

Counterparty Regulation And Its Limits: The Evolution Of The Credit Default Swaps Market, Houman B. Shadab

NYLS Law Review

No abstract provided.


Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz Jan 2010

Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz

NYLS Law Review

No abstract provided.


A Board’S Duty To Monitor, Eric J. Pan Jan 2010

A Board’S Duty To Monitor, Eric J. Pan

NYLS Law Review

No abstract provided.