Law and Economics Commons^™

Multiple Litigants With A Public Good Remedy, Robert C. Marshall, Michael J. Meurer, Jean-Francois Richard

Faculty Scholarship

Potential bidders are frequently excluded from participation in a federal procurement by the mandatory specifications or evaluation criteria in the bid solicitation. For certain procurements aggrieved bidders can protest inappropriate exclusions to a quasi-judicial board. We present a model where there are multiple potential litigants and the remedy is a public good. Equilibrium litigation can arise without decision errors by the court or information asymmetries. We show that protests can deter inappropriate exclusions but can also lead to undesirable settlement agreements. The free-rider problem created by the public good remedy can also cause voluntary revisions of an excessively restrictive bid …

What's Art Got To Do With It?, Wendy J. Gordon

Scholarship Chronologically

I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.

Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky

Articles

Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …

Modern Corporate Theory: Public Utility Or Private Part? A Comment On Professor Wolfe's Paper, Charles M. Yablon

Articles

The article critiques the current state of corporate law theory, particularly the "nexus of contracts" model, for being overly simplistic and failing to provide a realistic or normatively satisfying account of corporate behavior. It argues that while critiques of this model exist, there is no substantial alternative theory, and the field remains mired in incremental debates that lack depth or practical relevance. The author suggests that corporate law scholarship should adopt a more practical, lawyerly approach, focusing on policy arguments and real-world implications rather than theoretical abstractions.

Law And Economics, Michael J. Trebilcock

Dalhousie Law Journal

Prior to 1960, most North American law schools paid attention only to anti-trust, public utility regulation, and perhaps tax policy from a law and economics perspective (sometimes referred to as the "old" law and economics). However, beginning in the early 1960's with pioneering articles by Guido Calabresi on tort law and Ronald Coase (the 1991 recipient of the Nobel Prize in Economics) on property rights, followed by prolific writings and a comprehensive text by Richard Posner on a vast range of legal issues, the field of law and economics has burgeoned with many lawyers and economists around the world now …

Fee Shifting And Incentives To Comply With The Law, Keith N. Hylton

Vanderbilt Law Review

Law and economics is a top-heavy discipline, in the sense that it is largely theoretical. Empirical tests of its claims have been carried out only recently, and a great deal remains to be done. The larger part of the recent wave of empirical law and economics research, however, examines the litigation process. This research has focused on the frequencies with which lawsuits are brought and with which they are settled. Surprisingly, empirical researchers have given little attention to the theoretical literature that makes predictions concerning incentives to comply with legal rules and the optimality of compliance equilibria. This lack of …

Auctioning Class Action And Derivative Lawsuits: A Critical Analysis, Randall Thomas, Robert G. Hansen

Vanderbilt Law School Faculty Publications

Numerous legal academics and practitioners have criticized the handling by plaintiffs' attorneys of large-scale class action and derivative lawsuits. These critiques point out attorneys' abuse of the legal system, ranging from purported collusion among plaintiffs and defendants.

Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout

Cornell Law Faculty Publications

No abstract provided.

Letter From Professor Geoffrey P. Miller, Geoffrey P. Miller

Scholarship Chronologically

The article on blackmail's central case is very good. Given the divergence of views about the nature and purposes of blackmail, focusing on the central case where the competing theories converge is a creative and fruitful intellectual move.

Repossession: Of History, Poverty, And Dissent, Martha Minow

Michigan Law Review

A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones

Microeconomics Made (Too) Easy: A Casebook Approach To Teaching Law And Economics, Gregory S. Crespi

Michigan Law Review

A Review of Cases and Materials on Law and Economics by David W. Barnes and Lynn A. Stout

The Maastricht Train: Slowing Down For Sharp Curves, Matthew J. Eshelman

Penn State International Law Review (1982 - 2011)

No abstract provided.

Incompletely Reasoned Sex: A Review Of Posner's Somewhat Misleading Guide To The Economic Analysis Of Sex And Family Law, Martin Zelder

Michigan Law Review

A Review of Sex and Reason by Richard A. Posner

The Economic Causes And Consequences Of Constitutional Reform In Eastern Europe, Robert C. Juelke

William & Mary Law Review

No abstract provided.

On The Margins Of Microeconomics, David G. Carlson

Cardozo Law Review

No abstract provided.

An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen

Cardozo Law Review

No abstract provided.

Restraints On Alienation Of Human Capital, Stewart E. Sterk

Articles

No abstract provided.

Navigating The Minefields Of Russian Joint Venture Law And Tax Regulations: A Procedural Compass, Christopher Osakwe

Vanderbilt Journal of Transnational Law

In this Article, Professor Osakwe explores the precarious field of Russian joint venture law and tax regulation. The author gives detailed accounts of the major laws, discusses their evolution, and projects their future course. Additionally, the author notes the continuing influence of USSR law on current Russian joint venture practice. Throughout his analysis, the author provides specific and pragmatic advice for businesses and entrepreneurs considering joint ventures in Russia.

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 1/11/1993, Wendy J. Gordon

Scholarship Chronologically

Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-10-1993, Wendy J. Gordon

Scholarship Chronologically

The doctrine of double effect (DDE) and my suggested correlative, the doctrine of single effect (DSE), suggest that no significance should be given to either the lawful nature of the threat or the potentially beneficial side-effects of blackmail. Under DSE, the blackmailer violates deontological constraints if he threatens disclosure in an intent to obtain money or other advantage because, inter alia, were he to have alternative threats available he would threaten anyway. The nature of the threat is outside the intent of the blackmailer in the same way the killing of civilians is outside the intent of the strategic bomber. …

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon

Scholarship Chronologically

Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.

Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon

Scholarship Chronologically

This paper: To show what we agree on by explication of the deontologic justification for blackmail prohibitions. In the process· to make the deontologic nature of bmail clearer; to show how the deont & consequentialist approaches agree on the central case; to defend the criminaliz of the central case in liberal (non-libertarian) terms; to provide some tentative observations on the non-central cases

Aviation Law And Regulation: Abridged Student Edition, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.

Toward A Sustainable Maine : The Politics, Economics, And Ethics Of Sustainability, Richard Barringer (Ed.)

Maine Collection

Toward A Sustainable Maine : The Politics, Economics, and Ethics of Sustainability

Richard Barringer, editor, Professor Emeritus at the University of Southern Maine

Edmund S. Muskie Institute of Public Affairs, University of Southern Maine, Portland, Maine, 1993.

The proceedings of a conference presented at Bowdoin College on March 19 and 20, 1993, by the Edmund S. Muskie Institute of Public Affairs at the University of Southern Maine, and by the Natural Resources Council of Maine. Ellen Baum, conference organizer.

Contents; Foreword by Richard Barringer / Welcome by Everett Carson / Global, Canadian, and Maine Perspectives / Sustaining Our Natural and …

Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky

Faculty Publications

A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law- supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative frameworkfor assessing the costs and benefits of legal interventions, they are incompletely justifled. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve fundamental issues of legal intervention. This Article uses that framework to critique the (1) hypothetical bargain and (2) Ayres/Gertner …

Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

For the past two decades the law and economics movement has been one of the most influential forces in the legal academy. Its practitioners have relentlessly sought to unleash microeconomic insights on formerly pristine areas of legal doctrine. This Article focuses on a branch of law employment discrimination-that has already been examined from a microeconomic perspective. However, it represents a departure from the previous literature in that it considers the impact of macroeconomic phenomena on several aspects of employment discrimination litigation.

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.

Equal Protection And The Wealth Primary, Jamin B. Raskin, John Bonifaz

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Getting The Political Architecture Right, Richard Cullen, Peter Hanks

Osgoode Hall Law Journal

As Australia approaches the twenty-first century, it finds itself, like a number of other Anglo-centred countries in the western world, including Canada, in the grip of continuing economic trauma. There has been a marked relative (and absolute) slip in general economic performance. This paper focuses on the linkages between this phenomenon and Australia's basic political architecture. It argues that, although renovation of Australian federalism is no panacea for these problems, there are linkages between Australia's aged, formal, political structure and its recent economic performance. Lack of attention to the task of serious, systematic renovation is allowing the present outdated political …