Social and Behavioral Sciences Commons^™

Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd

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The Indiana University Maurer School of Law and its Indiana Journal of Global Legal Studies are hosting scholars from around the country Friday and Saturday (Jan. 19-20) for an interdisciplinary discussion on one of the world’s most prevalent problems—food insecurity.

Data from the World Bank estimate more than 780 million people around the world suffered from chronic hunger in 2022. As climate change affects agricultural production and water accessibility, the problem could worsen in coming years.

“A Fragile Framework: How Global Food Systems Intersect with the International Legal Order, the Environment, and the World’s Populations” will bring together legal, policy, …

The Future Of Roe And The Gender Pay Gap: An Empirical Assessment, Itay Ravid, Jonathan Zandberg

Indiana Law Journal

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court upheld a Mississippi law that prohibits nearly all abortions after the fifteenth week of pregnancy and overruled the holding in Roe v. Wade. Among the many arguments raised in Dobbs in an attempt to overturn Roe, the State of Mississippi argued that due to “the march of progress” in women’s role in society, abortion rights are no longer necessary for women to participate equally in economic life. It has also been argued that there is no empirical support to the relationship between abortion rights and women’s economic success in society. …

New Dimensions In Economic Analysis Of Legal Issues: The Appropriate Regulatory Balance Of Antitrust Law In The Context Of The Technological Innovation, Jungmi Bang

Maurer Theses and Dissertations

The role of Empirical study in legal decision, even in the rule making, was increased by the economic development with the occurrence of economic realism. The incensement of economic implication of the law, without exception, impacted to the court’s ruling in the antitrust case and the antitrust law-making itself. Now it is one of the common way, court use concepts and theories developed by economists and weaves economic concepts into decisions to support their result.

The classical perspective of economic theories regarding antitrust law was start from early theorist Adam Smith in 1776, even it denied the economic implication. Through …

Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole

Articles by Maurer Faculty

Elinor Ostrom’s Institutional Analysis and Development (IAD) framework has been described as ‘one of the most developed and sophisticated attempts to use institutional and stakeholder assessment in order to link theory and practice, analysis and policy’. But not all elements in the framework are sufficiently well developed. This paper focuses on one such element: the ‘rules-in-use’ (a.k.a. ‘rules’ or ‘working rules’). Specifically, it begins a long-overdue conversation about relations between formal legal rules and ‘working rules’ by offering a tentative and very simple typology of relations. Type 1: Some formal legal rules equal or approximate the working rules; Type 2: …

Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman

Indiana Journal of Global Legal Studies

In interpreting and evaluating the history of the Supreme Court's corporate jurisprudence, legal scholars have deployed three broad theories of corporate legal personality: the aggregate entity theory, the artificial entity theory, and the real entity theory. While these theories are powerful ways of conceptualizing the corporation, this article shows that they have not been as central to the Supreme Court's corporate jurisprudence as recent scholarship suggests. It instead argues that historic transformations in the high court's corporate jurisprudence are best understood in light of contemporary intellectual currents rather than through an expost facto application of the aggregate, artificial, and real …

Making Banks On A Global Scale: Management-Based Regulation As Agencement, Mika Viljanen

Indiana Journal of Global Legal Studies

This article seeks to provide a theoretical account of how management-based regulation (MBR), a new regulatory style used by many global regulators, affects its targets. The article centers on a case study. It introduces agencement theory as the theoretical heuristic to inform the analysis of a global, large-scale MBR scheme, the Basel Committee on Banking Supervision's Internal Capital Adequacy Assessment Program (ICAAP). In agencement theory, agency is understood in a neomaterialist frame. The core idea is that an actor's actions are determined by the material assemblage that constitutes her. The agencement heuristic allows ICAAP to be conceptualized as a regulatory …

The International Investment Regime After The Global Crisis Of Neoliberalism: Rupture Or Continuity?, Nicolas Perrone

Indiana Journal of Global Legal Studies

This article aims to show that the tools being used to recalibrate the international investment regime, in particular proportionality and corporate social responsibility, constitute continuity rather than rupture with neoliberalism and neoliberal legality. Neoliberalism has been discredited, and few actors suggest a return to self-regulation after the 2008 global economic crisis. This call for regulation, however, finds international economic law scholarship divided between those who claim that standards of review and corporate social responsibility can solve the crisis of neoliberalism, and those who believe that the problem is more profound. In the case of the international investment regime, this article …

Collapsing Illusions: Standards For Setting Efficient Contract And Other Defaults, Steven J. Burton

Indiana Law Journal

In this Essay, Professor Burton analyzes and evaluates four commonly used standards for setting efficient default rules and standards. Based on two theoretical insights, he shows that three of them collapse upon analysis into the fourth, a Coasian standard that turns out to be a dead end. The theoretical upshot is that the Coase Theorem often is a good reason to use defaults rather than mandatory rules or standards. But neither the theorem nor reference to a transaction-costless world sustains particular defaults. To set an efficient default, the law should guide courts toward supplying terms that parties should have adopted …

The Role Government Should Play In The American Recovery And Reinvestment Act 2009, Jungmi Bang

Maurer Theses and Dissertations

The purpose of this research is to determine the most effective way to administer an economic stimulation act and what role the government should play. More specifically, the paper will discuss administrative problems and limitations, such as the government’s possible disengagement from the real market stake holders’ assessment in the ARRA and will provide possible solutions to eliminate or minimize those defects. Ultimately, the research seeks to satisfy the real market stake holders’ expectation by analyzing the pros and cons of the ARRA, and by comparing Korea’s administrative approach to adopting an economic stimulation plan in the real market with …

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.

An End To End-To-End? A Review Essay Of Barbara Van Schewick’S Internet Architecture And Innovation, Adam Candeub

Federal Communications Law Journal

Amidst much controversy, the FCC released its landmark "network neutrality" order in December 2010. This regulation prohibits Internet service providers, such as Verizon or Comcast, from discriminating in favor of traffic or content that they own or with which they are affiliated. Professor Barbara van Schewick's recently published book, Internet Architecture and Innovation, could not be timelier. Employing a variety of economic and technical arguments, van Schewick defends the type of regulation the FCC passed as necessary to preserve the Internet's potential for innovation. My central critique of Internet Architecture is its deployment of economic theories on one side of …

Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Models In Social Science: A Review Of Law And Public Policy: A Socioeconomic Approach, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.

Economics And Sociology: The Prospects For An Interdisciplinary Discourse Of Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

My purposes in this essay are two-fold. First, I provide some background on the disciplines of economics and sociology as a basis for the discussion at this Symposium and for my own discussion of the potential for an interdisciplinary discourse on law. In this regard, in the first section of the essay I provide a brief history of the relationship between the two disciplines, a brief outline of the basic characteristics of each disciplinary perspective, and a brief discussion of the emerging opportunities for useful exchange between the two disciplines. Second, I examine the prospects that the economic analysis of …

On Game Theory And The Law, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Robert H. Heidt, Eric Rasmusen, Michael Alexeev

Articles by Maurer Faculty

No abstract provided.

Relaxing Traditional Economic Assumptions And Values: Toward A New Disciplinary Discourse On Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

Economics has been viewed traditionally as a discipline removed from other, "softer", fields of social analysis. Professor R. Malloy has fought to remove these barriers and encourage interdisciplinary dialogue. In a field previously dominated by normative values of majority power holders, a multidisciplinary approach allows for a more extensive examination of social trends and the question of innate human "rights". By relaxing the assumptions of traditional neoclassical economic analysis, one can gain a theoretical perspective that includes insights from multiple disciplines. This article reinforces Malloy's conceptualization of new social analysis, hoping to further this new interdisciplinary cooperation.

The Politics Of The Coase Theorem And Its Relationship To Modern Legal Thought, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.

The Coase Theorem And The Psychology Of Common-Law Thought, Donald H. Gjerdingen

Articles by Maurer Faculty

The Coase Theorem is a simple proposition-in the absence of transaction costs, a Pareto optimal result will occur regardless of the initial placement of legal liability. Despite this apparent simplicity, however, Coase's economic parable has provoked intense debate in the legal community. Why does the theorem grate on the hardened intuitions of so many lawyers? The thesis of this Article is that a connection exists between the adoption or rejection of a given school of legal thought and the use of certain psychological constructs. Specifically, this Article argues that the constructs underlying the Coase Theorem are incompatible with those underlying …

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

Articles by Maurer Faculty

No abstract provided.

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, …

Book Review. Massive Industrial Size, Classical Economics, And The Search For Humanistic Value, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

The Theory Of Economic Policy And The Law Of Torts, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Legal Remedies For Overurbanization: The Ghanaian Experience, Robert L. Birmingham, Carolyn S. Birmingham

Articles by Maurer Faculty

No abstract provided.

Economic Integration In East Africa: Distribution Of Gains, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations In The Light Of Economic Theory, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Oligopoly Power Under The Sherman And Clayton Acts -- From Economic Theory To Legal Policy, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Integration And Economic Development, Robert L. Birmingham

Articles by Maurer Faculty

In this paper I shall attempt to evaluate the potential impact of economic association among underdeveloped countries. Attention is centered on gain achievable by participating states as a group: world welfare alteration appears devoid of normative implication to the national decision maker, while questions of internal distribution of union benefit are too complex for summary treatment. Conclusions of amalgamation efficacy rest jointly on abstract analysis and deduction from empirical economic parameters; discussion of trade and development theory is extended beyond that logically necessary for argument coherence to provide a brief introduction to relevant recent thought.

An International Code To Protect Private Investment -- Proposals And Perspectives, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Economic Integration: Theoretical Assumptions And Consequences Of European Integration, By Rolf F. Sannwald, And Jaques Stohler, Arthur Schweitzer

Indiana Law Journal

No abstract provided.