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Full-Text Articles in Social and Behavioral Sciences

Contract Law And The Liberalism Of Fear, Nathan B. Oman Aug 2019

Contract Law And The Liberalism Of Fear, Nathan B. Oman

Faculty Publications

Liberalism’s concern with human freedom seems related to contractual freedom and thus contract law. There are, however, many strands of liberal thought and which of them best justifies contract is a difficult question. In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller offer a vision of contract based on autonomy. Drawing on the work of Joseph Raz, they argue that extending autonomy should be the law’s primary concern, which requires that we extend the range of contractual choices available. While there is much to admire in their work, I argue that autonomy as conceived by Dagan and Heller …


United States Sovereign Debt: A Thought Experiment On Default And Restructuring, Charles W. Mooney Jr. Jan 2012

United States Sovereign Debt: A Thought Experiment On Default And Restructuring, Charles W. Mooney Jr.

All Faculty Scholarship

This chapter adopts the working assumption that it is conceivable that at some time in the future it would be in the interest of the United States to restructure its sovereign debt (i.e., to reduce the principal amount). It addresses in particular U.S. Treasury Securities. The chapter first provides an overview of the intermediated, tiered holding system for book-entry Treasuries. For the first time the chapter then explores whether and how—logistically and legally—such a restructuring could be effected. It posits the sort of dire scenario that might make such a restructuring advantageous. It then outlines a novel scheme …


New York State And Mid-Hudson Valley Nonprofits: The Impacts Of Late Contract Payments, Jodi Fernandes Jan 2010

New York State And Mid-Hudson Valley Nonprofits: The Impacts Of Late Contract Payments, Jodi Fernandes

Master in Public Administration Theses

No abstract provided.


Bribes V. Bombs: A Study In Coasean Warfare, Gideon Parchomovsky, Peter Siegelman Sep 2007

Bribes V. Bombs: A Study In Coasean Warfare, Gideon Parchomovsky, Peter Siegelman

All Faculty Scholarship

The use of bribes to co-opt an enemy’s forces can be a more effective way to wage war than the conventional use of force: Relative to bombs, bribes can save lives and resources, and preserve civic institutions. This essay evaluates the efficacy and normative desirability of selectively substituting bribes for bombs as a means of warfare. We show how inter-country disparities in wealth, differences in military strength, the organization of the bribing and recipient forces, uncertainty about the outcome of the conflict, and communications technology can contribute to the efficacy of bribes. We discuss methods for enforcing bargains struck between …