Law and Economics Commons^™

How To Create American Manufacturing Jobs, John D. Gleissner Esquire

John D Gleissner Esquire

No abstract provided.

An Economic Survey Analysis Of The Legal Literature Pertaining To The Privacy Implications Of Radio Frequency Identification Technology, Stephen M. Jerbic

Stephen M. Jerbic

No abstract provided.

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz

Justin Schwartz

Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …

Democracy V. Capitalism: An Inquiry Into The Role Of Government In The Economy, Daniel J. Boyle

Daniel J Boyle

Our modern social contract is mired in conflict between two opposing ideological views and systems: one that believes the optimal path to prosperity requires minimalist government involvement and the other which believes that government should guarantee social and economic welfare for society. Ideologically based arguments on each side drive a further wedge between the “haves” and the “have-nots.” The challenge of resolving these conflicting views is perhaps the most fundamental issue facing the world. The conflicts that have arisen in our societies in recent years—the backlash over globalization, the financial crisis, the European debt crisis, and many others—have parallels in …

Democracy V. Capitalism Presentation Notes, Daniel J. Boyle

Daniel J Boyle

Our modern social contract is mired in conflict between two opposing ideological views and systems: one that believes the optimal path to prosperity requires minimalist government involvement and the other which believes that government should guarantee social and economic welfare for society. Ideologically based arguments on each side drive a further wedge between the “haves” and the “have-nots.” The challenge of resolving these conflicting views is perhaps the most fundamental issue facing the world. The conflicts that have arisen in our societies in recent years—the backlash over globalization, the financial crisis, the European debt crisis, and many others—have parallels in …

No Longer The Sleeping Dog, The Fcpa Is Awake And Ready To Bite: Analysis Of The Increased Fcpa Enforcements, The Implications, And Recommendations For Reform, Rouzhna Nayeri

Rouzhna Nayeri

No abstract provided.

Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison

Sari M Graben

The United Nations Commission on the Limits of the Continental Shelf is expected to play an essential role in delineating the rights of the Arctic states to sea bed resources in the Arctic Ocean. Positivist theories of international law generally source Arctic state compliance to the binding effect of Article 76 of the UN Convention on the Law of the Sea. However, positivist explanations fail to answer why the Arctic states, which are authorized to establish their own limits, would accept the sovereignty costs associated with the Commission’s legal and scientific interpretations. In order to better understand how the Commission …

Acerca Del Diseño Óptimo De Las Reglas Predeterminadas En El Derecho Contratos, Daniel A. Monroy

Daniel A Monroy C

El presente artículo discute lo relacionado con el diseño de las reglas predeterminadas (comúnmente llamadas reglas supletivas) desde el punto de vista normativo a partir de la perspectiva jurídica tradicional en contraste con el enfoque propio del Análisis Económico del Derecho (AED). Para efectos, el documento presenta una serie de argumentos dirigidos a justificar la razón del escaso interés de la doctrina jurídica tradicional en lo que corresponde al diseño óptimo de la norma predeterminada, lo cual se complementa con algunas ideas en las que no obstante podría basarse una visión normativa sobre el particular. Lo anterior se contrasta con …

Waging War On Specialty Pharmaceutical Tiering In Pharmacy Benefit Design, Chad I. Brooker

Chad I Brooker

Specialty drugs represent a growing concern for both health insurance issuers and beneficiaries given their exceedingly high (and growing) costs—representing almost half of all drug spend by 2017. Payers have sought to reduce their specialty drug spend by sharing more of the cost of these drugs with the beneficiaries who depend on them through the creation of specialty drug tiers. This has forced some patients to choose between forgoing other needs to pay for their medications or not take them at all. While several states have sought to outlaw the use of specialty drug tiers or limit pharmaceutical OOP cost-sharing, …

Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum

Angela Goodrum

No abstract provided.

¿Por Qué Herminio Blanco?, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Democracy, Law And Global Finance: An Example Of A Research Agenda For A New Practice Of Law And Economics, Tamara Lothian

Tamara Lothian

No abstract provided.

Cadenas Globales De Valor, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Reformando Las Telecomunicaciones, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.

Nuevo Sistema De Amparo, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

What’S Age Got To Do With It? Supreme Court Appointees And The Long Run Location Of The Supreme Court Median Justice, Matthew L. Spitzer

Matthew L Spitzer

For approximately the past 40 years Republican Presidents have appointed younger Justices than have Democratic Presidents. Depending on how one does the accounting, the average age difference will vary, but will not go away. This Article posits that Republicans appointing younger justices than Democrats may have caused a rightward shift in the Supreme Court. We use computer simulations to show that if the trend continues the rightward shift will likely increase. We also to produce some very rough estimates of the size of the ideological shift, contingent on the size of the age differential. In addition, we show that the …

Negative Externalities And Subprime Auto Financing: Time To Let The Hanging Paragraph Go(2), Chunlin Leonhard

Chunlin Leonhard

Economists generally agree that when private transactions generate negative externalities (i.e. unintended harmful byproduct), government intervention is potentially necessary. Negative externalities are considered socially inefficient because they destroy market supply and demand equilibrium. The existence of negative externalities is therefore one of those rare occasions when government intervention in private transactions is justified. It follows that when the government does choose to intervene, its goal should be to remedy, not to encourage, negative externalities. This article identifies one bankruptcy rule, commonly known as the Hanging Paragraph in the Bankruptcy Code, 11 U.S.C. § 1325(a)(9), that violates the basic principle of …

O Princípio Da Neutralidade E O Marco Civil Da Internet, Erickson Oliveira

Erickson Oliveira

The present dissertation aims to present the general aspects of the network neutrality principle, its limits and scope, through the analysis of the inter-systemic conflict between the code of the technique and the code of the Law, as well as combining the different views from the authors who wrote about the theme and the analysis of the economic factors. Finally, it aims to issue a compilation of the foreign law about the subject and historical remarks on how the network neutrality principle was conceived in the Internet Civil Act.

Rescuing Access To Patented Essential Medicines: Pharmaceutical Companies As Tortfeasors Under The Prevented Rescue Tort Theory, Richard Cameron Gower

Richard Cameron Gower

Despite some difficulties, state tort law can be argued to create a unique exception to patent law. Specifically, the prevented rescue doctrine suggests that charities and others can circumvent patents on certain critical medications when such actions are necessary to save individuals from death or serious harm. Although this Article finds that the prevented rescue tort doctrines is preempted by federal patent law, all hope is not lost. A federal substantive due process claim may be brought that uses the common law to demonstrate a fundamental right that has long been protected by our Nation’s legal traditions. Moreover, this Article …

Combating Obesity With A Right To Nutrition, Paul Diller

Paul Diller

Domestic and international law have, in different ways, recognized a human right to food since the twentieth century. The original reason for this recognition was the need to alleviate a particular type of food insecurity—“traditional” hunger, as manifested in conditions like malnutrition and underweight. The current public-health crisis of obesity, however, demands a reconsideration of this right. The food environment in the United States today is awash in high-calorie, low-nutrient food products that are often cheaper, on a relative basis, than more nutritious foods, leading to the overconsumption of the former by much of the American population. Merely ensuring a …

A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor

David R. Kocan Professor

The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …

The Separation Of Powers, Constitutionalism And Governance In Africa: The Case Of Modern Cameroon, John Mukum Mbaku

JOHN MUKUM MBAKU

The Separation of Powers, Constitutionalism and Governance in Africa: The Case of Modern Cameroon

John Mukum Mbaku, Esq.

Abstract

Countries incorporate the principle of the separation of powers in their constitutions in an effort to meet several goals, the most important of which is to minimize government-induced tyranny. Specifically, countries that make this principle part of their constitutional practice intend to limit public servants by national laws and institutions, enhance government accountability, minimize opportunistic behaviors by civil servants and politicians, provide for checks and balances, and generally improve government efficiency. Cameroon, like many other African countries that transitioned to democratic …

Tv Y Telcos, Aplausos Y Desafíos, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Las Medianas Empresas: Aproposito Del Reglamento Alternativo De Valores, John Pineda Galarza

John Pineda Galarza

Las medianas empresas como parte de su crecimiento necesitan alternativas de financiamiento que se adecuen a su realidad. Es así que el financiamiento bursátil, a través de la emisión de Instrumentos de Corto Plazo (ICP) es una alternativa. No obstante, existen costos asociados que encarecen la primera emisión haciéndola más cara que el financiamiento tradicional (bancario) pues el emisor deberá incurrir en costos de naturaleza única antes de colocar los ICP, que se traducen en 3 o 4 puntos adicionales sobre la tasa de colocación. El problema es que, en el Perú, la alternativa de financiamiento a través de la …

Joint Federal Income Tax Returns: If Doma Dies And Even If It Lives The Weak Case For Distinguishing Between Same-Sex And Different-Sex Married Couples, Julie A.D. Manasfi

Julie A.D. Manasfi

Joint Federal Income Tax Returns: If DOMA Dies And Even If It Lives The Weak Case For Distinguishing between Same-Sex and Different-Sex Married Couples State recognition of same-sex marriages and marriage-like statuses raised the question of whether these relationships would be respected for federal purposes. In 1996, the Defense of Marriage Act (“DOMA”) answered the question with a definitive “no.” Section 3 of DOMA defines “marriage” for federal purposes as “a legal union between one man and one woman.” DOMA’s definition of marriage has been found unconstitutional in eight federal courts. In fact in 2011, at the instruction of President …

Standard Contract Clauses As Public Goods: A New Way Of Understanding Inefficient Clauses, Enrico Baffi

enrico baffi

The aim of this work is to show how it is possible to identify market failures other than those traditionally identified by lawyers and law and economics scholars to justify the mandatory provisions of contracts between professionals and consumers and the equally mandatory provisions governing the abuse of economic dependency. This is a new approach that can be extended to other provisions and appears to rest on fairly solid microeconomic foundations. There is no doubt, however, that many criticisms can be leveled against it. Very briefly, I shall argue that the production of clauses characterized by being rather vague, indeterminate …

Transaction Cost-Benefit Analysis, With Applications To Financial Regulation, D. Bruce Johnsen

D. Bruce Johnsen

As Coase convincingly showed, transaction costs inhibit the ability of market participants to achieve first-best outcomes. This paper proposes a novel and relatively simple alternative to traditional cost-benefit analysis when regulated parties face sufficiently low transaction costs that they can bargain directly or rely on competitive markets to set efficient terms of trade. In these settings, the only informational burdens financial market regulators need bear to assess corrective rules is to identify the relevant parties, the “good” they hope to exchange, and the transaction costs that inhibit them from maximizing joint gains from trade. A rule is justified only if …

A Negative Externality By Any Other Name: Using Emissions Caps As Models For Constraining Dead-Weight Costs Of Regulation, Scott A. Shepard

Scott A. Shepard

Emissions caps work on a simple and compelling premise. Regulated entities, in the process of creating something desirable, like energy, create and expel some problematic by-product, such as carbon. They do this because they particularly reap a significant set of benefits (e.g., profits, market share, job security) from their efforts, while only diffusely and incidentally, along with the rest of society, suffering the harms caused by their emissions. These emissions, paid for primarily by the rest of society, are called negative externalities. Emissions-cap regimes are designed to make regulated entities more directly accountable for the costs of their emissions and …

South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker

Rachael Whitaker

South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …

Reguladores Y Autonomía, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.