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

Law and Economics Commons

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

2016

Discipline
Institution
Keyword
Publication
Publication Type

Articles 181 - 210 of 323

Full-Text Articles in Law and Economics

Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes Mar 2016

Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes

University of Richmond Law Review

No abstract provided.


The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan Mar 2016

The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan

University of Richmond Law Review

No abstract provided.


Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead Mar 2016

Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead

University of Richmond Law Review

No abstract provided.


Balancing Short-Term Concerns, Long-Term Goals, Tan K. B. Eugene Mar 2016

Balancing Short-Term Concerns, Long-Term Goals, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

To be delivered almost a month later than usual, this year’s Budget will be closely watched for Singapore’s strategy on economic growth, income redistribution, reducing societal inequality and the government’s role in seeking a national consensus on these key issues.


Extraterritorial Application Of The Export Administration Amendments Of 1977, Robert S. Wayne Feb 2016

Extraterritorial Application Of The Export Administration Amendments Of 1977, Robert S. Wayne

Georgia Journal of International & Comparative Law

No abstract provided.


The Arab Boycott Of Israel: The Role Of The United States Antitrust Laws In The Wake Of The Export Administration Amendments Of 1977, James M. Johnstone, Jon Paugh Feb 2016

The Arab Boycott Of Israel: The Role Of The United States Antitrust Laws In The Wake Of The Export Administration Amendments Of 1977, James M. Johnstone, Jon Paugh

Georgia Journal of International & Comparative Law

No abstract provided.


Pressures And Principles - The Politics Of The Antiboycott Legislation, Henry J. Steiner Feb 2016

Pressures And Principles - The Politics Of The Antiboycott Legislation, Henry J. Steiner

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction - The Arab Boycott And The International Response, Georgia Journal Of International And Comparative Law Feb 2016

Introduction - The Arab Boycott And The International Response, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Citizens Versus Bondholders, Richard C. Schragger Feb 2016

Citizens Versus Bondholders, Richard C. Schragger

Fordham Urban Law Journal

No abstract provided.


Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb Feb 2016

Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb

Fordham Urban Law Journal

No abstract provided.


Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi Feb 2016

Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi

Fordham Urban Law Journal

No abstract provided.


Bondholders And Financially Stressed Municipalities, Clayton P. Gillette Feb 2016

Bondholders And Financially Stressed Municipalities, Clayton P. Gillette

Fordham Urban Law Journal

No abstract provided.


Will Grassroots Democracy Solve The Government Fiscal Crisis?, Julie M. Chesnik Feb 2016

Will Grassroots Democracy Solve The Government Fiscal Crisis?, Julie M. Chesnik

Fordham Urban Law Journal

No abstract provided.


Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock Feb 2016

Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock

Fordham Urban Law Journal

No abstract provided.


Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments, Michelle Wilde-Anderson Feb 2016

Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments, Michelle Wilde-Anderson

Fordham Urban Law Journal

While state interventions to stabilize the finances of struggling municipalities date back to the Great Depression, the current fiscal crisis has brought a startling escalation in the powers granted to state intervention authorities. Aptly observed by Abby Goodnough in The New York Times, cities and states have tried “myriad ways of righting their fiscal ships as the recession plods on,” but until very recently, “locking the mayor out of City Hall [was] generally not one of them.” In 2010 and 2011, Michigan and Rhode Island, which have been watched closely by other states, dramatically reformed their laws governing state receiverships …


Community Versus Market Values Of Life, Robert Cooter, David Depianto Feb 2016

Community Versus Market Values Of Life, Robert Cooter, David Depianto

William & Mary Law Review

Individuals and communities make choices affecting the risk of accidental death. Individuals balance risk and cost in market choices, for example, by purchasing costly safety products or taking a dangerous job for higher pay. Communities balance risk and cost through social norms of precaution, which prescribe how much risk people may impose on others and on themselves. For example, social norms dictate that bicyclists should wear helmets and automobile passengers should wear seat belts. In both cases, the balance between the fatality risk and the cost of reducing it reveals an implicit value of a statistical life, or “VSL”— an …


Liability And Compensation For Damage Resulting From Co2 Storage Sites, Michael Faure Feb 2016

Liability And Compensation For Damage Resulting From Co2 Storage Sites, Michael Faure

William & Mary Environmental Law and Policy Review

This Article follows the economic analysis of law as the methodology for analyzing appropriate liability and compensation mechanisms with respect to damages resulting from CO2 storage sites. There are various reasons for employing this approach. One reason is that many have already discussed the design of a liability and compensation scheme for CCS-related damages. But these earlier studies have not yet approached the issue from the angle of an economic analysis of law. The advantage of thismethodology is that attention is paid to the way in which various liability and compensation schemes affect the incentives for prevention of the various …


The Exporting Process: Some Considerations For Practitioners, Albert Caproni Iii Feb 2016

The Exporting Process: Some Considerations For Practitioners, Albert Caproni Iii

Georgia Journal of International & Comparative Law

No abstract provided.


The Housing Crash And The End Of American Citizenship, Matt Stoller Feb 2016

The Housing Crash And The End Of American Citizenship, Matt Stoller

Fordham Urban Law Journal

No abstract provided.


Occupy Wall Street And International Human Rights, Martha F. Davis Feb 2016

Occupy Wall Street And International Human Rights, Martha F. Davis

Fordham Urban Law Journal

No abstract provided.


Markovits On Defining Monopolization: A Comment, Keith N. Hylton Feb 2016

Markovits On Defining Monopolization: A Comment, Keith N. Hylton

Faculty Scholarship

In this comment I focus on Richard Markovits’s definition of monopolization in his new book, Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law (Springer 2014), and also his assertion that monopolization is distributively unjust. I agree wholeheartedly with his approach to defining monopolization, though I might alter a few details. However, I think the distributive justice effects of monopolization are ambiguous.


Consumption Property In The Sharing Economy, Shelly Kreiczer-Levy Feb 2016

Consumption Property In The Sharing Economy, Shelly Kreiczer-Levy

Pepperdine Law Review

Various doctrines from different areas of the law provide special legal protection for property that is produced and used for personal use, creating the legal category of "consumption property." Zoning, criminal procedure, discrimination, foreclosure and bankruptcy, taxes and eminent domain all treat property for consumption differently than commercial property. Recently, a new social phenomenon known as the sharing economy allows owners to rent out personal assets such as a room in their home, their private car, a bicycle, and even pets. The sharing economy challenges the foundational distinction between privately used property and commercial property and leads to fragmentation of …


Privacy And Markets: A Love Story, Ryan Calo Feb 2016

Privacy And Markets: A Love Story, Ryan Calo

Notre Dame Law Review

After defining terms, Part I lays out the law and economics case against privacy, including its basis in economic thought more generally. Part II canvasses the literature responding to economic skepticism in the privacy law literature. Some scholars mount an insider critique, accepting the basic tenets of economics but suggesting that privacy actually increases efficiency in some contexts, or else noting that markets themselves will yield privacy under the right conditions. Others critique economic thinking from the outside. Markets “unravel” privacy by penalizing it, degrade privacy by treating it as just another commodity, or otherwise interfere with the values or …


The Social Enterprise Law Market, J. Haskell Murray Feb 2016

The Social Enterprise Law Market, J. Haskell Murray

Maryland Law Review

During the last seven years, over thirty states have passed at least one social enterprise statute. These social enterprise statutes allow the formation of a plethora of new entity types, including low-profit limited liability companies, benefit corporations, benefit limited liability companies, public benefit corporations, and social purpose corporations. Social enterprises have attracted increasing academic attention, but virtually nothing has been written on if and how states are competing for these entities. This Article attempts to fill that void, while also providing a history of the social enterprise forms, a comparative analysis, and recommendations for states that wish to engage in …


Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco Feb 2016

Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco

Maryland Law Review

No abstract provided.


The Affordable Care Act, Experience Rating, And The Problem Of Non-Vaccination, Eric Esshaki Feb 2016

The Affordable Care Act, Experience Rating, And The Problem Of Non-Vaccination, Eric Esshaki

University of Michigan Journal of Law Reform Caveat

Polio, the whooping cough, and the mumps, among many other communicable diseases, were once prevalent in communities within the developed world and killed millions of people.1 The advent of vaccinations contained or eradicated several of these diseases.2 However, these diseases still exist in the environment3 and are making a comeback in the United States.4 Their persistence is directly attributable to the rising trend among parents refusing to vaccinate their children.5 One proposed solution to this problem is to hold parents liable in tort when others are harmed by their failure to vaccinate. Another proposed solution argues that parents should pay …


Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon Feb 2016

Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon

Dissertations, Theses, and Capstone Projects

This dissertation analyzes the role of Richard Posner, one of the most prolific and innovative legal thinkers over the past forty years, as a judicial entrepreneur in his efforts to persuade the legal academy and judiciary to incorporate economic principles into the judicial decision making process in market and non-market areas of the law and legal discourse and thereby to re-examine the role of the judge. Though political scientists have explored the entrepreneurial activities of policy makers and political actors, they have given little attention to the role of judges as judicial entrepreneurs. This dissertation develops a comprehensive theoretical understanding …


Overtaxing The Working Family: Uncle Sam And The Childcare Squeeze, Shannon Weeks Mccormack Feb 2016

Overtaxing The Working Family: Uncle Sam And The Childcare Squeeze, Shannon Weeks Mccormack

Michigan Law Review

Today, many working parents are caught in a “childcare squeeze”: while they require two incomes just to make ends meet, they end up spending a strikingly large percentage of their income on childcare so that they can work outside the home. Worse still, some parents find themselves “squeezed out” of the market entirely, unable to earn the additional income their families require because they cannot find jobs that pay enough to offset soaring childcare expenses. This Article argues that the tax laws have played an important role in aggravating these hardships. Currently, the Internal Revenue Code treats the childcare costs …


Uncertain Futures In Evolving Financial Markets, Anita Krug Jan 2016

Uncertain Futures In Evolving Financial Markets, Anita Krug

All Faculty Scholarship

Today’s publicly offered investment funds, including mutual funds, have ever more diverse investment strategies, as they increasingly invest in financial instruments that, in earlier years, had been the province of only the most sophisticated investors. Although the new landscape of investment possibilities may substantially benefit retail investors, one financial instrument attracting increasing amounts of retail investors’ assets is acutely troublesome: the commodity futures contract. Futures originated as a means for farmers and other producers of agricultural commodities to ensure that their products could be sold at reasonable prices. Early on, the goals of futures regulation centered on one particular risk …


Two Narratives Of Platform Capitalism, Frank A. Pasquale Jan 2016

Two Narratives Of Platform Capitalism, Frank A. Pasquale

Faculty Scholarship

No abstract provided.