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Yeshiva University, Cardozo School of Law

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Articles 91 - 120 of 162

Full-Text Articles in Law and Economics

Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder Jan 2002

Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder

Articles

Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all …


Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower Jan 2002

Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Miss Scarlett's License Done Gone!: Parody, Satire, And Markets, Michael A. Einhorn Jan 2002

Miss Scarlett's License Done Gone!: Parody, Satire, And Markets, Michael A. Einhorn

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton May 2001

Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton

Articles

No abstract provided.


Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens Mar 2001

Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens

Articles

Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.


Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards Jan 2001

Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Rationality In Law And Economics Scholarship, Jeanne L. Schroeder Apr 2000

Rationality In Law And Economics Scholarship, Jeanne L. Schroeder

Articles

Jeanne L. Schroeder critiques Richard Posner's conception of rationality in law and economics, arguing that his broad and evolving definition dilutes the concept, rendering it too vague and analytically weak. She advocates for a more nuanced approach that integrates psychological insights and acknowledges the limitations of traditional economic models. Schroeder emphasizes the need for empirical accuracy and theoretical rigor, challenging Posner's dismissal of behavioral economics and his reliance on evolutionary biology for explanations of irrational behavior.


Regulating Media Owners In Digital Television: Lessons From U.K. Analogue Policy Formation, Christopher T. Marsden Jan 1999

Regulating Media Owners In Digital Television: Lessons From U.K. Analogue Policy Formation, Christopher T. Marsden

Cardozo Arts & Entertainment Law Journal

No abstract provided.


When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen Jan 1999

When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder Jan 1999

The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder

Articles

The article critically examines the concept of wealth maximization in law and economics, arguing that it is fundamentally flawed due to its inability to account for the distinction between exchange value and use value. Wealth maximization, rooted in the masculine regime of possession and exchange, represses the feminine act of enjoyment, leading to a paradox where achieving its goal would result in the collapse of the market system. The analysis draws on Lacanian theory to explore the sexual impasse underlying this paradox, suggesting that the pursuit of wealth without consideration for enjoyment is self-destructive and unsustainable.


In Praise Of The Efficiency Of Decentralized Traditions And Their Preconditions, John O. Mcginnis Jan 1999

In Praise Of The Efficiency Of Decentralized Traditions And Their Preconditions, John O. Mcginnis

Articles

No abstract provided.


The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder Dec 1998

The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder

Articles

The perfect market is the end of all actual markets - it is their ideal form. In normative economics, actual markets are the means of achieving the end or ideal of the perfect market. But this means that to achieve a perfect market would result in the end of all actual markets. Despite the centrality of the ideal of the perfect market in the subset of law and economics scholarship based on classical price theory, there is surprisingly little literature on its parameters. In this Commentary, Professor Schroeder examines this literature in order to explicate the nature of this ideal. …


Controlling Corporate Agency Costs: A United States-Israeli Comparative View, Zohar Goshen Apr 1998

Controlling Corporate Agency Costs: A United States-Israeli Comparative View, Zohar Goshen

Cardozo Journal of International and Comparative Law

The article examines the differing approaches to addressing corporate agency costs in the United States and Israel, highlighting how each country's legal frameworks and market mechanisms respond to distinct agency problems. In the U.S., the "management problem" arises from the separation of ownership and control, whereas Israel faces the "control problem" due to the concentration of ownership. The analysis underscores how the prevalence of these issues influences the adoption of voluntary vs. mandatory solutions.


The Goal Of Pluralism And The Ownership Rules For Private Broadcasting In Germany: Re-Regulation Or De-Regulation?, Peter Humphreys Jan 1998

The Goal Of Pluralism And The Ownership Rules For Private Broadcasting In Germany: Re-Regulation Or De-Regulation?, Peter Humphreys

Cardozo Arts & Entertainment Law Journal

No abstract provided.


European Responses To Bottlenecks In Digital Pay-Tv: Impacts On Pluralism And Competition Policy, Carles Llorens-Maluquer Jan 1998

European Responses To Bottlenecks In Digital Pay-Tv: Impacts On Pluralism And Competition Policy, Carles Llorens-Maluquer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Introduction, Stefaan Verhulst Jan 1998

Introduction, Stefaan Verhulst

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt Jan 1998

Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis Oct 1997

The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis

Articles

Public choice offers an analysis of the Constitution that is broadly consonant with an important aspect of the Framers' own approach. The Framers' values were those largely of the Scottish enlightenment: they believed in progress of civilization-the accumulation of wealth and knowledge. In order to create a structure of society that would accomplish these ends, they relied on another Enlightenment axiom, namely that man is an object of natural science. By understanding the predictable manner in which individuals are likely to behave in given situations, the Framers could shape a constitution that would channel their behavior to meet their Enlightenment …


The Economics Of Auctioning And Related Regulatory Issues: The Economic Viability Of The Auction Provision Of The Bill And Alternatives For Direct-To-Home Licenses, Maria Vagliasindi, Pietro A. Vagliasindi Oct 1997

The Economics Of Auctioning And Related Regulatory Issues: The Economic Viability Of The Auction Provision Of The Bill And Alternatives For Direct-To-Home Licenses, Maria Vagliasindi, Pietro A. Vagliasindi

Cardozo Journal of International and Comparative Law

The article evaluates the use of auctioning as a regulatory tool for awarding licenses in natural monopoly industries, particularly focusing on broadcasting and telecommunications. It examines the economic viability of franchise bidding for Direct-to-Home (DTH) licenses in India and compares it to spectrum auctions in the U.S. The analysis highlights the potential efficiency of auctioning in promoting competition and reducing rents but also identifies significant challenges, including delays, design complexities, and theoretical limitations.


Technological Change And Doctrinal Persistence: Telecommunications Reform In Congress And The Court, Monroe E. Price, John F. Duffy May 1997

Technological Change And Doctrinal Persistence: Telecommunications Reform In Congress And The Court, Monroe E. Price, John F. Duffy

Articles

In recent years, both the Supreme Court and the Congress have made much of the rapid pace of technological change within the telecommunications industry. In passing the Telecommunications Act of 1996, for example, Congressional leaders described these changes in almost millennial terms, predicting that "convergence" of communications technologies would beget a new regulatory world in which telecommunications technologies would no longer be regulated in a piece-mea4 media-specific fashion, but rather as part of a unified, coherent scheme. The Supreme Court, likewise, has portrayed changes in telecommunications technology as reason to move its First Amendment jurisprudence away from media-specific categories and …


Reconceptualizing Ratings: From Censorship To Marketplace, Marci A. Hamilton Jan 1997

Reconceptualizing Ratings: From Censorship To Marketplace, Marci A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.


An Introduction To The Law And Economics Of The V-Chip, Matthew L. Spitzer Jan 1997

An Introduction To The Law And Economics Of The V-Chip, Matthew L. Spitzer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky Jan 1997

Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky

Articles

No abstract provided.


The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky Jan 1997

The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky

Articles

No abstract provided.


Rhetoric And Reality In Copyright Law, Stewart E. Sterk Mar 1996

Rhetoric And Reality In Copyright Law, Stewart E. Sterk

Articles

The article challenges traditional justifications for copyright law, particularly the notions of desert and corrective justice, arguing that these frameworks fail to provide a robust foundation for intellectual property rights. Instead, it posits that the justification for copyright protection must primarily lie in the incentive to promote creative activity. The analysis critiques the application of Lockean labor theory and restitutionary models, emphasizing that distributive justice, which focuses on the moral worth and social contributions of creators, offers a more coherent basis for copyright law.


"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz Feb 1996

"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz

Articles

Although recent debates would suggest that narrative scholarship is brand new,4 lawyers, judges, and law professors, like all humankind, have always offered stories for illustration or support or to make a point in an indirect, and often more effective, way. Learned Hand's story about telling Justice Holmes to "do justice" is one widely-used example, offered by many writers in addition to Judge Bork and Professor Chayes. Its popularity is easy to understand. The story has a substantive message, pithily expressed, on a basic jurisprudential issue; it involves two members of the pantheon; and it crams a lot of human interest …


A Call To The Arts: Exploring New Means Of Jurisprudential Expression, Christo Lassiter Jan 1996

A Call To The Arts: Exploring New Means Of Jurisprudential Expression, Christo Lassiter

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren Jan 1996

Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam Jan 1996

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Articles

No abstract provided.


Debt Collection As Rent Seeking, David G. Carlson Apr 1995

Debt Collection As Rent Seeking, David G. Carlson

Articles

The article presents an economic theory of debt collection, arguing that it can be viewed as a form of rent-seeking behavior where creditors extract wealth without adding economic value. The author, David Gray Carlson, posits that legal frameworks such as Article 9 of the Uniform Commercial Code and bankruptcy laws are crucial in preventing local monopolies and promoting a competitive national credit market. These mechanisms reduce information asymmetry and prevent local creditors from exploiting debtors, thereby benefiting debtors and fostering economic efficiency.