Law and Economics Commons^™

Measuring The Duration Of Judicial And Administrative Proceedings, David S. Clark, John Henry Merryman

Michigan Law Review

A method of estimating the probable duration of litigation is useful for a variety of purposes. First, the probable duration of a case may, to some extent, determine strategy in litigation since prolonged litigation is often perceived as an appreciable cost to one party and as a benefit to the other. An estimate of the duration of a criminal case, for example, probably influences the respective postures of a defendant and a prosecutor in plea bargaining. Similarly, civil litigants may be able to use an estimate of the probable duration of litigation, together with other factors, in deciding whether to …

Black Businesses And Their Lawyers, John T. Baker, Jerome Davis

North Carolina Central Law Review

No abstract provided.

Why Wage-Price Controls Fail: A Theory Of The Second Best Approach To Inflation Control, Richard Neely

West Virginia Law Review

No abstract provided.

The Economic Effects Of Monopoly: A Lawyer's Guide To Antitrust Economics, David R. Kamerschen

Mercer Law Review

Four factors were influential in my decision to write this survey paper summarizing what economists believe theoretically and have found empirically to be the major economic (and noneconomic) effects of monopoly. First, in my work as an expert witness in antitrust cases representing both private parties and public bodies, I have found a glaring lacuna in the minds of some judges, a number of lawyers and most jurors in the area of antitrust economics. Second, this feeling has been fortified by my guest lectures in antitrust law courses; while the students are bright and the teacher dedicated, an acceptable level …

Justice Joseph Story's Doctrine Of Public And Private Corporations And The Rise Of The American Business Corporation, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.

Conservation Of Natural Resources--Ecology, Economics And Energy, Harold W. Young

West Virginia Law Review

No abstract provided.

Book Review Of Capital Needs In The Seventies, Scott C. Whitney

William & Mary Law Review

No abstract provided.

The Right To An Adequate Income And Employment: A Reply To Professor Bernstein, David L. Chambers

Book Chapters

Bernsteins's Paper advances no constitutional arguments for requiring the government to ensure economic security for retarded citizens. His omission is justified not merely by the alternative focus he has chosen, but also by the absence of any sound or vendible constitutional arguments to advance. There remain, however, important roles for attorneys.

The Economics Of The 1974 Federal Election Campaign Act Amendments, Sam Kazman

Buffalo Law Review

No abstract provided.

The Enterprise Liability Theory Of Torts, Howard C. Klemme

Publications

No abstract provided.

The Allocation Of Prosecution: An Economic Analysis, Michigan Law Review

Michigan Law Review

This Note uses economic theory to reassess the division of prosecutorial tasks between victims and the government for offenses other than victimless offenses. It attempts to answer in a general manner questions such as why the prosecutor should differ from offense to offense and where ,the line should be drawn between governmental and individual prosecution. Work done in the areas of welfare economics and public finance concerning the effectiveness of government and the private sector in providing different sorts of goods is drawn upon heavily. This Note views prosecution as an economic good and a victim's prosecution of an offender …

Liquidated Damages As Prima Facie Evidence, James Patrick Fenton

Indiana Law Journal

No abstract provided.

A Seminar In Legal Aspects Of Minority Economic Development, Charles Edward Donegan

Journal of Legal Education

No abstract provided.

Economic Observations On The Decision To Attend Law School, Alan M. Ahart

Journal of Legal Education

No abstract provided.

Public Performance Right In Recordings: How To Alter The Copyright System Without Improving It, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.

Industrial Deconcentration And Legal Feasibility: The Efficiencies Defense, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Constitutional Regulation Of Provisional Creditor Remedies: The Cost Of Procedural Due Process, Robert E. Scott

Faculty Scholarship

In recent years a series of Supreme Court decisions has purported to envelop the rights of defaulting debtors in an enlarged concept of procedural due process. The central theme underlying this development is clearly an attempt by the Court to impose some degree of constitutional control on the exercise of provisional creditor remedies. The path that leads from Sniadach v. Family Finance Corp. to North Georgia Finishing, Inc. v. Di-Chem, Inc., is however, far from clear and the cases have provoked serious questioning of the meaning and impact of this doctrine. Due process as reflected in Sniadach and Fuentes …

Private Markets And Social Control, Lloyd D. Orr

IUSTITIA

The continuing failure of society to deal adequately with its problems has led to criticism that goes beyond the imperfections of a fundamentally sound social organization. Individual economic incentive and private markets, the basics of our economic organization, are condemned as inherently destructive of desirable social goals. It may be that such criticism is naive with respect to the basic history of economic organization and the prospects for meaningful alternatives. It also may be that the "solutions" offered are frequently more authoritarian than the critics allege the present system to be. We are still left to ponder the vital, long-standing, …

Budget Reform And Impoundment Control, L. Harold Levinson, Jon L. Mills

Vanderbilt Law Review

Impoundment has become a household word within the past two years, as controversy has raged over President Nixon's cutbacks of funds. Numerous significant governmental programs have been curtailed or disrupted. State and local governments face confusion about future funding. In dozens of cases, the lower federal courts have reviewed the exercise of Presidential discretion during the execution of appropriations, and in most cases the courts have determined that the President acted improperly. The underlying problem evidenced by impoundment remains unsolved, however, since it arises from tensions that build up throughout the budget process of the federal government, from the preparation …

Coal And The Appalachian Economy, William H. Miernyk

West Virginia Law Review

No abstract provided.

Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Book Review, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Feasibility In Chapter X Reorganizations, David R. King

Villanova Law Review (1956 - )

No abstract provided.

Institutional Change And The Quasi-Invisible Hand, Victor P. Goldberg

Faculty Scholarship

The fundamental principle of economics is that people will pursue their own self-interest within a given institutional framework. The economist's basic policy premise is that (so long as certain "market failures" do not arise) this self-interest will, like an Invisible Hand, guide resources to their proper usage; when market failures arise the usual policy prescription is to amend the rules (for example, by breaking up monopolies, placing an "optimal" tax on pollution, or redefining property rights) to make the marginal private costs and benefits equal to the marginal social costs and benefits so that the free play on self-interest will …

Reports, Awards And Opinions 1973-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Board of Education, Union Free School District No. 3, City of Boston, City of New York Fire Department, Hertz Corporation, and Yonkers Racing Association, among others.

The Dynamics Of Firm Behavior Under Alternative Cost Structures, George A. Hay

Cornell Law Faculty Publications

A large and growing number of studies attempt to determine the important factors affecting firms' decisions with respect to price, output, and inventories. A striking feature of this literature is the embarrassingly large number of alternative models—all allegedly consistent with the principles of profit maximization—which are used to justify various reduced form or behavioral equations to be estimated with the appropriate firm or industry data.

It is rare, however, that the equations to be estimated are derived rigorously from the underlying model. Because of this, the restrictions placed on the equations to be estimated are often limited at worst to …

Book Review, John H. Davidson Jr.

North Carolina Central Law Review

No abstract provided.

Lots For Sale - Discrimination In Site Selection, Henri Norris

North Carolina Central Law Review

No abstract provided.

The Common Commercial Policy Of The Eec: Developments In The Final Stage, Joseph J. Norton

Faculty Journal Articles and Book Chapters

No abstract provided.

The Patent-Antitrust Balance: Proposals For Change, N.R. Powers

Villanova Law Review (1956 - )

No abstract provided.