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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky
Articles
No abstract provided.
The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky
The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky
Articles
No abstract provided.
Rhetoric And Reality In Copyright Law, Stewart E. Sterk
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
"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
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
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
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
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.