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Articles 391 - 399 of 399

Full-Text Articles in Law and Economics

Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce Jan 1994

Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce

LLM Theses and Essays

An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on …

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Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen Jan 1993

Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.

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Government Liability For Economic Losses: The Case Of Regulatory Failure, David S. Cohen Jan 1992

Government Liability For Economic Losses: The Case Of Regulatory Failure, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

Compensation claims against provincial and federal governments are largely a product of the second half of the 20th century. The initial surge of cases after the enactment of the federal Crown Liability Act in 1953--mirrored also in developments at the provincial level-- were typically "private" tort claims. Indeed a significant percentage of claims against the federal government continue to be nothing more than automobile accident, occupier liability claims and lawsuits arising out of similar relatively minor bureaucratic error. Recently, however, as a result of both the imagination of litigators and the growth of the regulatory state, claims against governments have …

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Judicial Choice And Disparities Between Measures Of Economic Values, David S. Cohen Jan 1992

Judicial Choice And Disparities Between Measures Of Economic Values, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

An important idea, which characterizes law in society, is a reluctance to move from the status quo. In general, one can argue that legal institutions and legal doctrine are not engaged in the redistribution of wealth from one party to another. This paper explores a possible explanation for that principle. The authors' research suggests that, across a wide range of entitlements and in a variety of contexts, individuals value losses more than foregone gains. The paper argues, as a matter of efficiency, that law and social policy might have developed in a manner consistent with this valuation disparity. Furthermore, this …

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Mindlessness And The Law, Paul J. Heald, James E. Heald Sep 1991

Mindlessness And The Law, Paul J. Heald, James E. Heald

Scholarly Works

No less an authority than Milton Friedman has argued that improving the realism of assumptions in economic theory, although hardly essential to establishing the absolute validity of the theory (purely an empirical question), may offer several benefits. First, a “restructuring” (to use Posner's term) of an assumption may help explain divergences between predicted and observed results. Second, an explanation of why a seemingly unrealistic assumption does not destroy the predictive value of a theory may strengthen the theory by connecting it to “a more general theory that applies to a wider variety of phenomena . . . and has failed …

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The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen Jan 1991

The Regulation Of Green Advertising: The State, The Market And The Environmental Good, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

In this paper I explore this most recent development in regulatory policy and, in particular, the role government plays when it chooses to use private markets (consumer, institutional and corporate) as regulatory instruments to produce and allocate environmental benefits. The privatization of environmental regulation by employing markets to deliver environmental benefits does not involve the implementation of public policy through executive or legislative action. Rather, it is achieved through a public choice to privatize the delivery of environmental regulation by permitting or encouraging decentralized economic power to respond to consumer demands for environmental quality.

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Regulating Regulators: The Legal Environment Of The State, David S. Cohen Jan 1990

Regulating Regulators: The Legal Environment Of The State, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

In this paper I focus on the ability of tort law to reduce primary costs, or losses associated with the number and seriousness of accidents. In one sense I will be analysing the state as if it were a private firm in which losses suffered by private individuals and firms are externalities. Several years ago Mark Spitzer wrote a paper on this topic in which he posited several models of state activity and analysed the incentive effects of liability rules in each case. In my view Spitzer's general conclusion - the rule which may be synthesized from all of the …

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The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert L. Birmingham Feb 1988

The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert L. Birmingham

William & Mary Law Review

No abstract provided.

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Actual Causation Vs. Probabilistic Linkage: The Bane Of Economic Analysis, Richard W. Wright Dec 1985

Actual Causation Vs. Probabilistic Linkage: The Bane Of Economic Analysis, Richard W. Wright

All Faculty Scholarship

No abstract provided.

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