Law and Economics Commons^™

بعد سنتين من إقرار قانون "تعديل بعض أحكام قانون الضمان الاجتماعي وإنشاء نظام التقاعد والحماية الاجتماعية": دروس في فنّ إجهاض الإصلاح قبل نشوئه, يمنى مخلوف

Proche-Orient, Études juridiques

On December 22, 2023, the Law “Amending Some Provisions of the Social Security Law and Establishing the Retirement and Social Protection System” was enacted. This law introduces the pension system to replace the end-of-service indemnity. Despite the advantages of adopting indexed periodic payments over lump sum compensation, it is clear that the transition to the new system is threatened by the on-going end-of-service compensation crisis. What stands out is the contradiction between the approach adopted to address the end-of-service compensation crisis and the mechanisms stipulated in the 2023 Law. While the pension system relies on periodic indexation in order to …

عملة إيفاء الديون مع ملاحظات حول تحديد سعر صرف العملة: دراسة مقارنة, أنطوان طعمة

Proche-Orient, Études juridiques

This study tries to clear up the ambiguity that deals with the interpretation of legal articles related to repayment. It includes an attempt to interpret the text of article 301 of the Law of Obligations and Contracts. It also deals with the text of the second paragraph of that article, which mentions the phrase “normal time” during which the parties have the right to stipulate the payment in a foreign currency or metal. The study also deals with an explanation of the concepts of compulsory circulation and legal circulation of currency, and the impact of these concepts on the interpretation …

ثوابت وتساؤلات فإمكانية حلول فيما خص إيفاء الديون المحررة بالعملة الأجنبية في ظل الأزمة المالية, ݒول الحاج شاهين

Proche-Orient, Études juridiques

The seminar entitled “Repayment of Debts Denominated in Foreign Currency Amid the Financial Crisis” addresses the severe financial turmoil Lebanon has been experiencing since the end of 2019, marked above all by the sharp depreciation of the Lebanese pound. This collapse created profound difficulties in repaying debts denominated in foreign currency, and in some cases made repayment impossible. The issue is closely tied to Lebanon’s reliance on foreign currencies, particularly the U.S. dollar. Anticipating such risks, many Lebanese citizens had safeguarded their savings by depositing them in banks in foreign currency, as protection against the recurring devaluation of the national …

La Levée Du Secret Bancaire Au Liban, Karim Daher

Proche-Orient, Études juridiques

The Banking Secrecy Law, adopted in Lebanon in 1956, formally prohibited banks and their personnel from disclosing any information relating to their clientele to any public or private party. The purpose of enacting this law was to attract financial inflows to Lebanon in the 1950s and 1960s, a period that coincided with the oil boom in Gulf countries, and nationalization processes in neighboring Arab countries, especially Egypt and Syria, as well as later from wealthy Gulf oil monarchies. While this legislation ensured the protection and confidentiality of these deposits, it weakened tax citizenship, promoted a culture of corruption and impunity, …

عقد الايجار التجاري في زمن الوباء: النزاعات والعوامل المؤثرة في الاحكام, ميساء نصر

Proche-Orient, Études juridiques

The courts of Dubai faced many disputes resulting from the pandemic and its repercussions, and the Dubai Rental Dispute Settlement Center played a key role in ruling on requests to terminate commercial lease contracts or reduce rent. This study aims at inferring the factors that have affected the decisions of the Center’s committees, reaching the following conclusions. On the one hand, the main factor to determine whether a specific damage was caused by the epidemic or not is the extent to which the commercial activity is connected to customers. On the other hand, the committees have issued diverse decisions with …

The Public Private Partnership (Ppp) Method: Insights From The Arab Region Context In General And Dubai Market In Particular, Rita Waked

Proche-Orient, Études juridiques

The Public Private Partnership (PPP) as a form of association involving a public entity and a private person has become a global innovative trend for governments seeking to finance their infrastructure, and has gradually established itself as a driving force of the economic recovery in the aftermath of the COVID-19 pandemic. This article examines the PPP’s main features and the pillar of its success, at a time where it is experiencing a resurgence of interest in Arab countries, and in particular in Dubai where the adoption in 2015 of a PPP law reflects the Emirate’s consciousness of the importance of …

Public Budget Laws And Economic Performance In The Uae, Carole Ibrahim

Proche-Orient, Études juridiques

This paper aims to examine the impact of the public budget laws implemented in the UAE on the country’s economic performance, by studying the relationship between government spending and the country’s economic activity during the last four decades. The results show that since 2001, government spending has strongly impacted the non-oil economic growth. These results can be explained by the implementation of the “Program and Performance-based Budgeting” method, the medium-term budget cycle, and the functional classification of the government expenditures.

Antitrust & The Immoral Energy Economy, Kristen Van De Biezenbos

Texas A&M Law Review

The age of climate change is upon us, but regulations and programs intended to decarbonize the electricity sector have been effectively stymied by utilities defending their monopoly power. The lack of robust antitrust enforcement against the utilities to date is a result of the belief that regulation is sufficient to police monopoly anticompetitive activity, that the natural monopoly structure of utilities makes them a poor fit for antitrust principles, and that the utilities are immune from Sherman Act claims under the state action exemption. But these rationales reflect a misunderstanding of the purpose of public utility law and its preference …

A Tale Of Two Credits: The Post-Nestlé Alien Tort Statute And Carbon Credit Externalities, Stephanie Mao

Northwestern University Law Review

As companies increasingly embrace carbon-neutrality commitments, many rely on the voluntary carbon market to offset their emissions rather than reduce them directly. Regulatory and consumer scrutiny has focused on the widespread use of “phantom” carbon credits, i.e., credits that fail to produce meaningful climate benefits. But less attention has been paid to what this Note terms “colonial” carbon credits: those that may technically reduce emissions but do so at the expense of communities abroad. These projects may contribute to land dispossession, human rights abuses, and threats to public and environmental health. Yet, current regulatory and legal frameworks, with their focus …

Disproportionate Influence: Rethinking Control In American Corporate Governance, Dhruv Aggarwal, Ofer Eldar

Northwestern University Law Review

Corporate law has undergone a gradual transformation. Founding chief executive officers (“founder-CEOs”) and activist hedge funds increasingly dominate leading American corporations despite owning well short of a majority of shares. Founder-CEOs, through personal brands or dual-class voting structures, control firms despite having minority stakes; activist hedge funds, with single-digit holdings, press for major governance changes. We argue that these two types of shareholders, often treated as opposites, both dominate corporations through disproportionate influence rather than majority ownership. We describe these investors who dictate corporate policy through disproportionate influence as high-influence shareholders.

Delaware’s doctrinal response to high-influence shareholders has been inconsistent, …

What The Free-Roaming Cats Dragged In: Regulatory Concerns With Privatized Local Services, Jonathan Korger

Northwestern University Law Review

The United States entrusts local governments to provide citizens with a wide range of public services, and animal control makes up a small but essential piece of these local responsibilities. In recent years, American localities have largely privatized how they manage the nation’s growing free-roaming cat population, relying primarily on animal-loving volunteers and a controversial practice called trap-neuter-return (TNR). Academics have long debated the merits of privatization, but TNR raises a novel question: how should local governments think about regulating a privatized public service when altruism, instead of profits, motivates the service deliverer? This Note argues that TNR demonstrates the …

The Hypocrisy Of The Wizards—A Proposal To Correct Incentives In Higher Education Loan Financing, Caden Benedict

School of Public Policy Capstones

This paper explores the origins of the student loan debt crisis and proposes tying university incentives to graduates' repayment plans and disclosing median earnings for degrees before students apply. Specifically, while there are numerous factors explaining why the price of education has increased dramatically since the 1970s, this paper proposes solutions that will specifically target university moral hazards by requiring universities fund: (1) the current subsidies to federal student loan repayments under income-driven plans as the House of Representatives intended before the Senate removed "risk-sharing," and (2) bankruptcy law discharge amounts. Moreover, requiring universities to disclose the median earnings of …

Antitrust And Economic Liberty, Doha Mekki

Center for Law and the Economy

Over the last few years, antitrust plaintiffs have won important victories in cases against digital platforms. They’ve won important cases involving real estate associations, elite private colleges, sports leagues, pharmaceutical companies, pork processors, and health insurers. In some cases, they have secured record-breaking jury verdicts and redress for harmed individuals.

The U.S. Department of Justice’s Antitrust Division has been active too. Last year, a federal court held that Google illegally maintained monopolies in general internet search and related search advertising markets. That case is about access to the information we see and use to make decisions about how we want …

The Revival Of Section 5: A Return To The Ftc’S Roots In A Time Of Democratic Crisis, Shaoul Sussman

Center for Law and the Economy

On November 10, 2022, the Federal Trade Commission (FTC or the “Commission”) issued a policy statement on the scope of unfair methods of competition under section 5 of the Federal Trade Commission Act (FTCA). This policy statement marked a significant shift, reviving a broad interpretation of the agency’s authority to police anticompetitive conduct. The antitrust defense bar reacted with alarm, arguing that the principles are overly ambiguous and lack guidance. This Essay contends that reaction is misplaced. The statement draws on a rich body of U.S. Supreme Court and circuit court precedent that the antitrust bar seems to have largely …

The Nondiscrimination Principle, Zephyr Teachout

Fordham Law Review

No abstract provided.

The Offshore Origins Of Regulatory Arbitrage, Ian J. Murray

William & Mary Business Law Review

Especially since the 2007–08 financial crisis, commentators have seized on the term “regulatory arbitrage” to describe a sprawling range of strategic compliance behavior spanning diverse sectors of the contemporary economy. Despite the term’s prevalence, there is scant agreement on the scope of activities it describes. To some, it has become a catch-all for legal avoidance from time immemorial. Such an expansive understanding obscures the context that led the term to acquire salience and fosters a fatalist view that all regulation is futile. Resisting this trend, this Article answers calls to situate regulatory arbitrage in a richer socio-historical context. Tracing the …

Antitrust, Vampires And Bloody Acquisitions, Theodosia Stavroulaki

Fordham Law Review

Private equity has rapidly seized control of large swaths of the U.S. healthcare system. This Essay argues that its takeover is not a story of efficiency or innovation but one of extraction. Drawing on a substantial body of research, it shows that private equity acquisitions are associated with rising healthcare costs, inferior care, reduced access to essential services, and deteriorating working conditions for physicians and nurses—harms that fall most heavily on marginalized communities.

These outcomes are not accidental. They stem from the private equity business model, which relies on leveraged buyouts, aggressive cost cutting, and roll-up strategies designed to generate …

Social Murder, Marissa Jackson Sow

Washington and Lee Law Review

In recent years, variations on Engels’s concept of social murder have been adopted into British legal and sociological lexicons to conceptualize the state’s reckless sacrifices of its most vulnerable populations—people deemed socially undesirable, legally undeserving, and economically redundant. The state allows these populations to die a multitude of deaths by failing to protect them; notably, victims of social murder are relegated to society’s underclasses, if not completely excluded from the body politic, before they are physically eliminated. Social murder is neither genocide nor ethnic cleansing; instead, social murder captures the elimination of groups of people via atrocious events for which …

1981, Carliss Chatman

Washington and Lee Law Review

42 U.S.C. § 1981 should have solved a pervasive problem in American capitalism—when white economic interests do not converge with the contract rights of Black people, they are excluded from the market in a way that causes systemic harm. This Article proposes that the failure to enforce 1981 in the past may render it more harmful than beneficial in the present climate of retrenchment. The realities of racism combine with the lack of economic interest convergence to make combatting contract inequality on a contract-by-contract basis legally precarious, nearly impossible to properly evaluate, and difficult to economically incentivize. This is in …

Precedent-Based Antitrust Law, Anca Daniela Chirita

William & Mary Business Law Review

This contribution revisits the authentic origins of antitrust law and the U.K.’s legacy of EU precedent rulings, spanning an eclectic and holistic analysis of the wider contemporary objectives of antitrust law, the versatile doctrine of vertical restraints of trade applied in the context of the online resale price maintenance, and the abuse theory of monopoly power applied in the context of excessive pricing and, more recently, of data-driven digital market competition. This contribution offers an original legal interpretation of precedent-based antitrust law: First, sustaining as principal narrative streams of evolutionary development, the rise of authentic precedent, which has had a …

Bridging Theory And Practice: A Criminal Justice Course Collection, Penny Geyer

Open Educational Resources

Dr. Penny Geyer compiled a full reading list, course calendar, set of weekly discussion questions, in-class experiential exercises, a death penalty case-study module, and a final paper assignment into a single, organized course packet that can be easily accessed, revised and remixed by other instructors teaching theory-to-practice criminal justice courses.

Lawless Antitrust, John M. Newman

Fordham Law Review

No abstract provided.

Public Utility Law As Anti-Oligarchy Regulation, Ganesh Sitaraman

Fordham Law Review

No abstract provided.

Ai, Antitrust, And The Marketplace Of Ideas, Maurice E. Stucke

Fordham Law Review

No abstract provided.

The Revival Of Section 5: A Return To The Ftc’S Roots In A Time Of Democratic Crisis, Shaoul Sussman

Fordham Law Review

No abstract provided.

Why Capitalism Needs Democracy And Democracy Needs Capitalism, Luigi Zingales

Fordham Law Review

No abstract provided.

Antitrust And Economic Liberty, Doha Mekki

Fordham Law Review

No abstract provided.

Overlooking The Trees For The Forest: A Look Into California's Cap-And-Trade Policy Shortcomings, Zachary Rohrbaugh

West Virginia Law Review

Cap-and-trade programs have grown in political popularity over the past few decades, primarily as a means of addressing climate change and mitigating greenhouse gas emissions. The idea behind these programs is that the government sets a certain cap for emissions that businesses or entities are not allowed to exceed. These businesses or entities receive permits allowing them to pollute up to this capped level. If the business or individual does not use all their allotted permits, they are able to sell their extra to others who might need extra because they exceeded their cap. Although these programs have increased in …

Is It Credit?, Jim Hawkins

William & Mary Law Review

Earned wage access companies advance money to workers based on wages they have already earned but have not yet been paid. Then, one of three things happens to reimburse the earned wage access provider: (1) the worker’s employer sends the provider money directly, (2) the provider withdraws money from the worker’s bank account on payday, or (3) nothing. The last of these is the most interesting. If the earned wage access provider does not receive the funds from the worker’s employer or bank account, the worker just walks away. Even more remarkable, many providers do not charge any mandatory fees …

U.S. Trade Law And Policy At A Crossroads, John K. Veroneau

Maine Law Review

The past decade has witnessed significant changes in U.S. international trade policy. In his first presidential term, Donald J. Trump moved the United States away from long-standing policies of lowering trade barriers to facilitate global commerce and replaced them with a more restrictive version not seen since the early twentieth century. President Trump's more trade-restrictive policies were largely extended by his successor, President Joseph R. Biden. The first year of President Trump's second term has indicated a strong desire to restrict imports further in an attempt to create U.S. manufacturing jobs and reduce reliance on Chinese imports. This Article seeks …