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Social and Behavioral Sciences Commons™
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Full-Text Articles in Social and Behavioral Sciences
For-Profit Managers As Public Fiduciaries: A Neo-Classical Republican Perspective, Rob Atkinson
For-Profit Managers As Public Fiduciaries: A Neo-Classical Republican Perspective, Rob Atkinson
Scholarly Publications
This Article examines the fiduciary duties of for-profit managers in modern liberal society. To arrive at the right "mix" of these duties, it compares the fiduciary duties implied by a standard descriptive model of our society with two competing normative models: Lockean libertarianism on the "right" and neo-classical republicanism on the "left." This comparison shows that all three versions of liberalism, even the one with a Lockean nightwatchman state, require far more extensive duties than we now expect, including a professionalization of management itself. And it shows that the version of liberalism with the most expansive state, neo-classical republicanism, requires …
Economics, Behavioral Biology, And Law, Erin O'Hara O'Connor
Economics, Behavioral Biology, And Law, Erin O'Hara O'Connor
Scholarly Publications
This article compares the relevance to law of two unexpectedly similar fields: economics and behavioral biology. It first examines the assumptions, core concepts, methodological tenets, and emphases of the two fields. It then compares the interdisciplinary fields of law and economics, on one hand, with law and behavioral biology, on the other—highlighting not only important similarities but also important differences. The article subsequently explores ways that biological perspectives on human behavior may, among other things, improve economic models and the behavioral insights they generate. The article concludes that although there are important differences between the two fields, the overlaps between …