Law and Economics Commons^™

Mixing-And-Matching Across (Legal) Family Lines, J. Mark Ramseyer

BYU Law Review

No abstract provided.

Competition Policy And Comparative Corporate Governance Of State-Owned Enterprises, D. Daniel Sokol

BYU Law Review

No abstract provided.

Virtual Intermediaries Ii - Canadian Solutions (Drop Shipments) Compared With Us, Japanese & Eu Approaches, Richard Thompson Ainsworth

Faculty Scholarship

Virtual travel agents are opportunistic internet-based travel agents. They are intermediary businesses that create mutually beneficial three-party transactions that secure accommodations for a traveler that: (a) meet the basic needs of the traveler (at a discount), (b) fills vacant room for accommodation retailers with guests that pay below market, but above standard costs, and (c) profit from the extra cash, the margin in the transaction.

The virtual intermediary’s eye is always on the discount and the cash flow. One of the things that catches their attention are the accommodation taxes which they collect from the traveler in advance and remit …

Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia

Buffalo Law Review

No abstract provided.

A Scorecard For The P4: Full Or Fail?, Henry S. Gao

Research Collection Yong Pung How School Of Law

Since its inception in 2005, the Trans-Pacific Strategic Economic Partnership Agreement (the ‘P4 Agreement’) has been hailed as a ‘high standard’ free trade agreement (FTA). However, there has never been any official explanation as to how the assessment of the Agreement is conducted. Now it’s exam time again, let’s see how the Agreement performs in ‘Free Trade 101’.

Tea Leaves Of The Economy: General Elections In 2010?, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

Incumbent governments with good economic track records would typically capitalise on economic downturns to seize a political advantage by calling for early elections. Will the ruling People's Action Party do so next year in view of the strong economic performances in recent months?

Economies Of Desire: Fair Use And Marketplace Assumptions, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

At the moment that “incentives” for creation meet “preferences” for the same, the economic account of copyright loses its explanatory power. This piece explores the ways in which the desire to create can be excessive, beyond rationality, and free from the need for economic incentive. Psychological and sociological concepts can do more to explain creative impulses than classical economics. As a result, a copyright law that treats creative activity as a product of economic incentives can miss the mark and harm what it aims to promote. The idea of abundance—even overabundance—in creativity can help define the proper scope of copyright …

Private Fund Adviser Registration Act Hr-3818, Anita Krug

All Faculty Scholarship

This paper comments on the Obama administration's 2009 proposal for the regulation of hedge fund investment advisers.

Bankruptcy Law, Hon. Douglas O. Tice Jr., Suzanne E. Wade, K. Elizabeth Sieg

University of Richmond Law Review

No abstract provided.

Corporate And Business Law, Laurence V. Parker

University of Richmond Law Review

No abstract provided.

Private Production Of Public Goods: Liability For Unrequested Benefits, Ariel Porat

Michigan Law Review

This Article explores why the law treats negative externalities (harms) and positive externalities (benefits) differently. Ideally, from an economic perspective, both negative and positive externalities should be internalized by those who produce them, for with full internalization, injurers and benefactors alike would behave efficiently. In actuality, however, whereas the law requires that injurers bear the harms they create (or wrongfully create), benefactors are seldom entitled to recover for benefits they voluntarily confer on recipients without the latter's consent ( "unrequested benefits"). One aim of this Article is to explore the puzzle of the law's differing treatment of negative and positive …

Patent Examination Priorities, Michael J. Meurer

Faculty Scholarship

Measures that discourage excessive patenting and claiming, propose shared examination responsibilities, and increase staffing all have potential to raise examination quality and alleviate the patent application backlog. So far these measures have been too limited to have much impact, and there is insufficient evidence to reliably judge their effectiveness. In this Article, I consider a different approach to examination reform. I take as given a significant scarcity of examiner time, and I ask how the PTO should set examination priorities. In other words, how much of their eighteen hours should examiners devote to the various tasks they are expected to …

Early Liquidation And Compensation Of Otc Derivatives In Bankruptcy Cases: Law And Economic Analysis Of Article 74 Of The Law 1328 Of 2009, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

The increasing importance of OTC (Over The Counter) or tailor-made derivatives, makes it necessary to analyse Colombian legislation in this area. The current financial reform regulates the compensation and liquidation of these instruments intended to encourage the development of this market. However, a legal review of article 74 of Act 1328, 2009, joined with an observation made based on an economic analysis perspective of contract law, will provide alternatives to introduce more efficient and effective legal instruments that will hopefully incentive agents to use OTC derivatives as instruments for speculation or hedging.

Placeholders: Engaging The Hayekian Critique Of Financial Regulation, Annelise Riles

Cornell Law Faculty Working Papers

Since Friedrich Hayek, debates about the proper relationship between the state and the market, and about the optimal design of regulatory institutions, often turn on assumptions about the workings of legal expertise — and in particular about the difference between public expertise (bureaucratic knowledge) and private expertise (private law). Hayek’s central argument, adopted uncritically by a wide array of policy-makers and academics across the political spectrum, is a temporal one: bureaucratic reasoning is inherently one step behind the market, and hence effective market planning is impossible. In contrast, Hayek argues, private ordering is superior because it is of the moment, …

Introduction: The Sustainability Principle, Irma S. Russell

Faculty Works

No abstract provided.

In Search Of An Enforceabe Medical Malpractice Exculpatory Agreement: Introducing Confidential Contracts As A Solution To The Doctor-Patient Relationship Problem, Matthew J.B. Lawrence

Faculty Scholarly Works

Scholars have argued that the malpractice system would be better off if patients had the option of waiving the right to sue for malpractice in exchange for a lower fee. Some doctors have tried to follow this advice by having their patients sign medical malpractice exculpatory agreements, but courts usually have refused to enforce these agreements, invoking a void-for-public-policy rationale. This Note argues that a doctor could maximize the odds that a court would enforce her medical malpractice exculpatory agreement by somehow ensuring that she will never find out whether her patient decided to sign. A case study of the …

One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.

Provisionally accepting the assumptions of the traditional economic case for intellectual …

Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson

Articles

A very large number of chapter 13 plans are confirmed each year. Unlike chapter 11 plans (for non-individuals), these plans may be revised after confirmation. The modification provisions of the Bankruptcy Code, however, give very little guidance as to what constitutes a permissible modification. In contrast, confirmation of the original plan is very carefully governed. This article theorizes that modification must honor the basic chapter 13 bargain. According to this bargain, the debtor is entitled to the bankruptcy estate and the creditors are entitled to net surplus income. The article assesses whether the diffuse and disorganized caselaw of modification adheres …

Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik

San Diego International Law Journal

This Article takes a closer look at the case of China to fill the gap. It draws on numerous sources including Chinese laws and regulations, the country's policies on climate change, the country's technological capabilities and business environment, observations made by CDM specialists, and other studies of CDM projects. Such a comprehensive discussion, together with Dechezleprete et al.'s findings, will present a more complete picture of what actually drives the transfer of clean technologies to China and will, therefore, help design an effective post-Kyoto framework to facilitate international diffusion of clean technologies.

Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson

Published Reports

In 2009, workers and their families across the country felt the impact of serious economic downturn, with unemployment reaching a 26-year high. While recent news suggests things may be improving, we cannot forget that for many low-wage and hourly workers -- who now represent over a quarter of the U.S. workforce -- the recession only exacerbated their ongoing struggle to hold down quality jobs while caring for their families.

Low-wage workers face many of the same challenges that the rest of us face in reconciling our work, family and personal lives, but for many of these workers, it's simply a …

The Case For Aerospace And Defense Spending As Economic Stimulus, Mark J. Nackman

Georgetown Law Fiscal Law and Policy Reform Briefing Papers

No abstract provided.

How To Un-Supplement A Tsunami Of Fiscal Proportions: An Examination Of The Supplemental Appropriations Process, Jonathan Black

Georgetown Law Fiscal Law and Policy Reform Briefing Papers

Article I § 9 clause 7 of the United States Constitution makes it clear that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” This single sentence provides Congress with the sole legislative authority to allocate money out of the federal treasury. Throughout the years, Congress has fleshed out this power through legislation governing how the appropriations and budgeting process should occur. Although Congress has been granted the constitutional authority to make appropriations, the President and the executive agencies that receive the funds appropriated by Congress have made themselves influential partners in this …

Foreign Policy On The Fly: Legislating Foreign Affairs In Appropriations Acts, Ariel S. Wolf

Georgetown Law Fiscal Law and Policy Reform Briefing Papers

No abstract provided.

Real Property, Mortgages, And The Economy: A Call For Ethics And Reforms, Shelby D. Green

Pace Law Review

No abstract provided.

Disquiet On The Home Front: Disturbing Crises In The Nation's Markets And Institutions, Shelby D. Green

Pace Law Review

No abstract provided.

Reply To Comments On "The Devaluation Of Life", W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The historical context of benefit–cost analysis provides a useful starting point for understanding why I advocate the policy application of the VSL measure despite the controversy surrounding these figures. Both Carruthers and Fourcade discuss the historical development of benefit–cost analysis, which was introduced as a policy evaluation tool within the context of public works projects. The Army Corps of Engineers and the US Department of the Interior’s Bureau of Reclamation have long assessed the economic benefits and costs of dams and related water resource projects and have used these estimates to justify the efforts, which are required by legislation to …

Human Rights Law On Trial In The Drc, William Paul Simmons

Human Rights & Human Welfare

The ongoing tragedy in Eastern Congo contains so many tragic lessons that it should shake to their very foundations all comfortable ideologies about human rights and politics. The atrocities in the DRC should implicate all but have so far resulted in almost limitless impunity. Here, I briefly put human rights law on trial for its role in perpetuating this tragedy.

Mtic Fraud Infects Tradable Carbon Permits, Richard Thompson Ainsworth

Faculty Scholarship

Missing trader intra-community (MTIC) fraud has been slowly morphing from cell phones and computer chips to other commodities. In the last few months however MTIC made a dramatic appearance in tradable CO2 permits. It closed exchanges and prompted France and the Netherlands to unilaterally change their tax treatment of CO2 trades. The UK has followed the French treatment in large measure. On Monday June 8, 2009 rumors of MTIC fraud in carbon emission permits closed the main European exchange for spot trading of European Union carbon emissions permits and Kyoto offsets. When BlueNext began trading permits again on Wednesday, June …

Financial Regulatory Reform And Private Funds, Anita Krug

All Faculty Scholarship

This white paper comments on the Obama administration's June 2009 proposal for the regulation of hedge fund investment advisers.

The Digital Currency Doppelganger: Regulatory Challenge Or Harbinger Of The New Economy?, Peter C. Tucker

Cardozo Journal of International and Comparative Law

The note argues that enacting new restrictive regulations for digital currencies in the United States is unnecessary and potentially counterproductive. It posits that existing anti-money laundering (AML) regulations are sufficient to address illicit activities associated with digital currencies. The author advocates for a wait-and-see approach, emphasizing the need for international coordination and the risks of driving the industry offshore, which could reduce regulatory oversight and tax revenue.