Law and Economics Commons^™

Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung

Faculty Scholarship

It is a brute fact of contemporary globalization – unmistakable as activists and journalists catalog scandal after scandal – that the very transformations making possible higher quality, cheaper products often lead to unacceptable conditions of work: brutal use of child labor, dangerous environments, punishingly long days, starvation wages, discrimination, suppression of expression and association. In all quarters, the question is not whether to address these conditions, but how.

That question, however, admits no easy answers. Globalization itself has freed capital from many of its former constraints – national workplace standards, collective bargaining, and supervisory state agencies and courts – designed …

Economic Reasoning And The Framing Of Contract Law: Sale Of An Asset Of Uncertain Value, Victor P. Goldberg

Faculty Scholarship

By analyzing two American contract law decisions, the paper illustrates the usefulness of economic analysis in framing the inquiry. The cases have a common feature, unrecognized by the courts: they both deal with the production and transfer of information regarding the sale of an asset of uncertain value. One involves the combination of an option and a lockup to encourage the buyer to produce information. The other involves contingent compensation to convey the seller's assurance of the quality of the assets. Once this is recognized, the outcomes are straightforward.

The Rights Of Statistical People, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

In this Comment, I argue that the use of cost-benefit analysis to evaluate life-saving regulatory programs has, in a society that eschews reliance on cost-benefit analysis in other life-saving situations, been justified by the creation of a new kind of entity-the statistical person. A primary feature of the statistical person, as I will explain, is that she is unidentified; she is no one's sister, or daughter, or mother. Indeed, in one conception, the statistical person is not a person at all, but rather only a collection of risks. By distinguishing statistical lives from the lives of those we know, economic …

Corporate Governance Lessons From Russian Enterprise Fiascoes, Merritt B. Fox, Michael A. Heller

Faculty Scholarship

This Article draws on a rich array of deviant behavior in Russian enterprises to craft lessons for corporate governance theory. First, Professors Fox and Heller define corporate governance by looking to the economic functions of the firm. Based on this definition, they develop a typology that comprehensively shows all the channels through which bad corporate governance can inflict damage on a country's real economy. Second, they explain the causes of Russian enterprise fiascoes by looking to the particular initial conditions prevailing at privatization – untenable firm boundaries and insider allocation of firm shares – and the bargaining dynamics that have …

Copyright And The Perfect Curve, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

This essay argues that the assumption that “progress” is qualitatively independent of the underlying entitlement structure is wrong. In particular, I shall argue that a shift to a copyright rule structure based on highly granular, contractually enforced “price discrimination” would work a fundamental shift, as well, in the nature of the progress produced. The critique of the contractual price discrimination model, moreover, exposes deep defects in the use of neoclassical “law and economics” methodology to solve problems relating to the incentive structure of copyright law. What is needed, instead, is an economic model of copyright that acknowledges the central role …

Still Preying On Strategic Reputation Models Of Predation, Peter H. Huang

Publications

No abstract provided.

There's A Forest In Those Trees: Teaching About The Role Of Corporations In Society, Kent Greenfield

Kent Greenfield

This paper was prepared for the University of Georgia School of Law Conference on Teaching Corporate Law, October 16, 1999. The paper argues that the basic corporate law course should focus much more on the questions surrounding the role of the corporation in society. In the typical corporate law course, little attention is given to the broad question of the position of the corporation within society at large or the narrower question of the relationship between the corporation and workers. The lack of consideration of these issues is odd indeed, since corporate law (like all law) is understandable only within …

Three Effects Of Social Norms On Law: Expression, Deterrence, And Internalization, Robert D. Cooter

Robert Cooter

State organizations suffer from agency problems that preclude effective motivation of people by formal means alone. Social norms contribute to the effectiveness of state law. Aligning law with morality creates power synergies. I analysis three of them: expression (coordination by law and morality), justification (intrinsic motivation to do what is right) , and sanctions (material costs of wrongdoing).

Responsabilidade Global, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo traz ao leitor, para além de questões meramente processuais, argumentos para justificar a responsabilização das empresas ditas globais por obrigações decorrentes de relação de consumo transnacionais.

This article brings to the reader, in addition to purely procedural issues, arguments to justify the accountability of the so-called global firms for obligations related to transnational relations of consumption.

O Fim Dos Intermediários?., Ivo T. Gico

Ivo Teixeira Gico Jr.

Neste artigo, o autor discute a perda gradativa da importância do intermediário comercial face o desenvolvimento do comércio eletrônico e seu novo papel na logística.

In this article, the author discusses the gradual loss of importance of the middlemen against the electronic commerce development and its new role in logistics.

O Conceito De Documento Eletrônico, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo traz aos leitores uma proposta de conceito para o documento eletrônico, em contraste com o documento cartular ou físico, bem como o seu valor probante para o Direito.

Discute-se, portanto, o seu regime jurídico e de que forma podem dialogar a necessidade por celeridade nas transações e a segurança jurídica.

This article brings to readers a draft concept for the electronic document, in contrast to the physical document, and its probative value to the law. It is argued, therefore, its legal regime and how the transactions need for speed and legal certainty.

Consideraciones Sobre El Procedimiento De Cobro De Deudas Derivadas Del Uso De Tarjetas De Crédito, Martin Paolantonio

Martin Paolantonio

Análisis de la regulación de la ley 25.065 sobre tarjetas de crédito y las reglas sustantivas y procesales para el cobro de saldos deudores