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Full-Text Articles in Social and Behavioral Sciences

How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal Jan 2011

How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal

Gregory Brazeal

Justice Oliver Wendell Holmes, Jr. is often credited with creating the metaphor of “the marketplace of ideas,” though he did not use the exact phrase and his argument for free speech was not based on distinctively economic reasoning. Truly economic investigations of the marketplace of ideas have progressed in step with developments and trends in the law and economics literature. These investigations have tended to be one-sided, with writers focusing primarily either on the production of ideas (for example, Posner) or their consumption (for example, behavioral law and economics), without considering in depth how producers and consumers interact. This may …


Collective Choice, Justin Schwartz Jan 2011

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …


Uncertainty Regarding Interpretation Of The `Negligence Rule' And Its Implications For The Efficiency Of Outcomes, Satish K. Jain Jan 2011

Uncertainty Regarding Interpretation Of The `Negligence Rule' And Its Implications For The Efficiency Of Outcomes, Satish K. Jain

Satish K. Jain

There are two ways that the negligence rule is interpreted. Under one interpretation a negligent injurer is liable for the entire harm to the victim; and under the other interpretation a negligent injurer is liable only for that part of the harm which can be ascribed to his negligence. Both these versions are efficient. However, if there is uncertainty regarding whether the court will be employing the full liability version or the incremental liability version for determining the liability of a negligent injurer, notwithstanding the fact that both the versions are efficient, inefficiency is possible. In the paper necessary and …


The Structure Of Efficient Liability Rules, Satish K. Jain Jan 2011

The Structure Of Efficient Liability Rules, Satish K. Jain

Satish K. Jain

The purpose of this paper is two-fold. One, to obtain a complete characterization of efficient liability rules within the framework of a model which is essentially the standard tort model with only some minor differences; but with a liability rule notion more general than the standard one. It is shown in the paper that the subclass of efficient liability rules is characterized by the conjunction of two conditions, namely, the condition of negligence liability and the requirement of non-reward for over-nonnegligence. Negligence liability requires that if one party is exactly nonnegligent and the other party is negligent then the negligent …


The External Effects Of Black-Male Incarceration On Black Females, Stéphane Mechoulan Jan 2011

The External Effects Of Black-Male Incarceration On Black Females, Stéphane Mechoulan

Stéphane Mechoulan

This paper examines how the increase in the incarceration of Black men and the sex ratio imbalance it induces shape the behavior of young Black women. Combining data from the Bureau of Justice Statistics and the Current Population Survey to match male incarceration rates with individual observations over two decades, I show that Black male incarceration lowers the odds of Black non-marital teenage fertility while increasing young Black women's school attainment and early employment. These results can account for the sharp bridging of the racial gap over the 1990s for a range of socio-economic outcomes among females.


Natural Law Bibliography 1990-2010, Mario Šilar Jan 2011

Natural Law Bibliography 1990-2010, Mario Šilar

Mario Šilar

No abstract provided.


Antropología Filosófica Cristiana Y Economía De Mercado (Review). Revista Empresa Y Humanismo, Xiv/2, 2011, Pp. 121-127., Mario Šilar Jan 2011

Antropología Filosófica Cristiana Y Economía De Mercado (Review). Revista Empresa Y Humanismo, Xiv/2, 2011, Pp. 121-127., Mario Šilar

Mario Šilar

No abstract provided.


"Faraway So Close". Maestros Y Discípulos En La Era Digital, Mario Šilar Jan 2011

"Faraway So Close". Maestros Y Discípulos En La Era Digital, Mario Šilar

Mario Šilar

No abstract provided.


The Call Of The Entrepreneur (Acton Media): Un Análisis, Mario Šilar Jan 2011

The Call Of The Entrepreneur (Acton Media): Un Análisis, Mario Šilar

Mario Šilar

No abstract provided.


The Economics Of Caring And Sharing. D.R. Lee. Spanish Translation, Mario Šilar Jan 2011

The Economics Of Caring And Sharing. D.R. Lee. Spanish Translation, Mario Šilar

Mario Šilar

No abstract provided.


Austrian School In 10 Propositions, By Peter J. Boettke, Mario Šilar Jan 2011

Austrian School In 10 Propositions, By Peter J. Boettke, Mario Šilar

Mario Šilar

No abstract provided.


Christianism And Liberalism. Conference Script. Diego De Covarrubias. San Pablo Ceu, Madrid, 12.12.2011, Mario Šilar Jan 2011

Christianism And Liberalism. Conference Script. Diego De Covarrubias. San Pablo Ceu, Madrid, 12.12.2011, Mario Šilar

Mario Šilar

No abstract provided.


Un Significativo Y Poco Difundido Discurso De Benedicto Xvi: El Mensaje A La Academia Pontificia De Ciencias Sociales Del Año 2011, Mario Šilar Jan 2011

Un Significativo Y Poco Difundido Discurso De Benedicto Xvi: El Mensaje A La Academia Pontificia De Ciencias Sociales Del Año 2011, Mario Šilar

Mario Šilar

No abstract provided.


The Call Of The Entrepreneur (Acton Media): An Analysis, Mario Šilar Jan 2011

The Call Of The Entrepreneur (Acton Media): An Analysis, Mario Šilar

Mario Šilar

No abstract provided.


Regulaciones Que Nos Hacen Más Inteligentes, Daniel Monroy Jan 2011

Regulaciones Que Nos Hacen Más Inteligentes, Daniel Monroy

Daniel A Monroy C

En presente artículo es una síntesis de algunas ideas puntuales relacionadas con las posibles consecuencias y retos que puede tener para el derecho la asunción de algunas ideas propias de la economía conductual, tal como la aceptación relativa a que los individuos muestran en su toma de decisiones, en ocasiones, una fuerza de voluntad limitada.


Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson Jan 2011

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.


The Economics Of The Middle East And North Africa (Mena), Joseph Pelzman Jan 2011

The Economics Of The Middle East And North Africa (Mena), Joseph Pelzman

Joseph Pelzman

The Middle East and North Africa (MENA) is a large, complex, and diverse region, which faces a wide range of economic issues. The MENA group includes Algeria, Bahrain, Cyprus, Djibouti, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, Turkey, United Arab Emirates, and Yemen. This book uses analytical tools drawn from the trade, labor, finance, and development literature to critically analyze and compare these countries' economic policies. The approach taken in this book is to focus on the economic policies and institutional arrangements which have evolved in MENA and which may serve to …


Judging Women, Stephen J. Choi, G. Mitu Gulati, Mirya R. Holman, Eric A. Posner Jan 2011

Judging Women, Stephen J. Choi, G. Mitu Gulati, Mirya R. Holman, Eric A. Posner

Mirya R Holman

Judge Sonia Sotomayor’s assertion that female judges might be better than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis. Primarily using a dataset of all the state high court judges in 1998-2000, we estimate three measures of judicial output: opinion production, outside state citations, and co-partisan disagreements. For many of our tests, we fail to find significant gender effects on judicial performance. Where we do find significant gender effects for …


Gender And Regime Politics In U.S. Cities, Mirya R. Holman Jan 2011

Gender And Regime Politics In U.S. Cities, Mirya R. Holman

Mirya R Holman

The scholarship on urban politics often focuses on the political economy provided by regimes, or long-term coalitions between local politicians and private actors like the business community. Notably absent from the regime scholarship is any substantial investigation of the role that urban regimes play in the promotion of the interests of women living in urban areas. A comparison of the priorities of urban regimes with the interests of women in politics suggests substantial conflicts. The implications for women serving in urban governance are explored, as are the consequences for urban politics, women in politics, and democracy.


Evaluating Political And Environmental Behavior In The Face Of A Green Crisis: An Experimental Analysis, Mirya R. Holman, Travis G. Coan Jan 2011

Evaluating Political And Environmental Behavior In The Face Of A Green Crisis: An Experimental Analysis, Mirya R. Holman, Travis G. Coan

Mirya R Holman

Incidents such as the Japanese Nuclear Meltdowns and the British Petroleum oil spill in the Gulf of Mexico remind us that environmental issues can be central to activating political activity and influencing political opinions. While the literature suggesting a relationship between environmental risk and action is extensive, few scholars directly examine the relationship between perceived environmental threat and political behavior, and even fewer adopt research designs appropriate for making causal inferences. Building on a growing literature in political psychology that examines the effects of crises and emotions on political opinions, we examine the relationship between environmental threat and political behavior …


Gender And Power In American Cities: Investigations Of The Effect Of Mayoral Gender On Deliberation, Representation, And Policymaking In U.S. Cities, Mirya R. Holman Jan 2011

Gender And Power In American Cities: Investigations Of The Effect Of Mayoral Gender On Deliberation, Representation, And Policymaking In U.S. Cities, Mirya R. Holman

Mirya R Holman

The representation of historically marginalized groups in the democratic policy process serves many purposes, including introducing new and differing perspectives to the policymaking process, opening the policymaking process up to disenfranchised groups, and changing the deliberative process of urban policymaking. In this paper, I investigate the effect of gender on policy priorities and policy outcomes of mayors in U.S. cities. Using a combination of interview data and coded city council minutes, I examine the effect of mayoral gender on the discussion of issues of importance to female constituents, the nature of deliberation in city councils, and the engagement of the …


Cancun Climate Negotiations, Prof. Elizabeth Burleson Jan 2011

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.


Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson Jan 2011

Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Indigenous peoples have modeled sustainable development around the world. Incentivizing the innovation and instillation of wind, solar, and other renewable energy sources can come in the form of public funding, including renewable portfolio standards, feed in tariffs and green tag programs. This article analyzes ways in which tribal communities are helping to expand cooperative good governance.


Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia Dec 2010

Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia

Dr Gabriel Garcia

No abstract provided.


Technology & Torts: A Theory Of Memory Costs, Nondurable Precautions And Interference Effects, Ben Depoorter Dec 2010

Technology & Torts: A Theory Of Memory Costs, Nondurable Precautions And Interference Effects, Ben Depoorter

Ben Depoorter

This Article examines the influence of nondurable precaution technologies on the expansion of tort awards. We provide four contributions to the literature. First, we present a general, formal model on durable and non-durable precaution technology that focuses on memory costs. Second, because liability exposure creates interference, we argue that tort law perpetuates the expansion of awards. Third, because plaintiffs do not consider the social costs of interference effects, private litigation induces socially excessive suits. Fourth, while new harm-reducing technologies likely increase accident rates, such technologies also raise the ratio of trial costs to harm, leaving undetermined the overall effect of …


Judicial Expenditures And Litigation Access: Evidence From Auto Injuries, Paul Heaton, Eric Helland Dec 2010

Judicial Expenditures And Litigation Access: Evidence From Auto Injuries, Paul Heaton, Eric Helland

Paul Heaton

Despite claims of a judicial funding crisis, there exists little direct evidence linking judicial budgets to court utilization. Using data on thousands of auto injuries covering a 15-year period, we measure the relationship between state-level court expenditures and the propensity of injured parties to pursue litigation. Controlling for state and plaintiff characteristics and accounting for the potential endogeneity of expenditures, we show that expenditures increase litigation access, with our preferred estimates indicating that a 10% budget increase increases litigation rates by 3%. Consistent with litigation models in which high litigation costs undermine the threat posture of plaintiffs, increases in court …


Corrupção E Judiciário: A (In)Eficácia Do Sistema Judicial No Combate À Corrupção, Ivo T. Gico Jr., Carlos H. R. De Alencar Dec 2010

Corrupção E Judiciário: A (In)Eficácia Do Sistema Judicial No Combate À Corrupção, Ivo T. Gico Jr., Carlos H. R. De Alencar

Ivo Teixeira Gico Jr.

HÁ UMA PERCEPÇÃO GENERALIZADA NO BRASIL DE QUE FUNCIONÁRIOS PÚBLICOS CORRUPTOS NÃO SÃO PUNIDOS. NÃO OBSTANTE, ATÉ O MOMENTO, NÃO HÁ EVIDÊNCIAS EMPÍRICAS QUE APÓIEM ESSA AFIRMAÇÃO E MUITOS ARGUMENTAM QUE SE TRATA DE UMA PERCEPÇÃO EQUIVOCADA DECORRENTE DO AUMENTO DE MEDIDAS ANTICORRUPÇÃO. UMA DAS PRINCIPAIS RAZÕES PARA ESSA NOTÁVEL AUSÊNCIA É A GRANDE DIFICULDADE DE SE IDENTIFICAR CASOS COMPROVADOS DE CORRUPÇÃO PARA, ENTÃO, SE AVERIGUAR SE ELES FORAM OU NÃO PUNIDOS PELO SISTEMA JUDICIAL. ESTE ARTIGO USA O SISTEMA BRASILEIRO DE RESPONSABILIDADE TRÍPLICE COMO UM EXPERIMENTO NATURAL PARA MEDIR O DESEMPENHO DO SISTEMA JUDICIAL CONTRA CORRUPÇÃO. NOSSOS RESULTADOS MOSTRAM …


On Equality: The Anti-Interference Principle, Donald J. Kochan Dec 2010

On Equality: The Anti-Interference Principle, Donald J. Kochan

Donald J. Kochan

This Essay introduces the “Anti-Interference Principle” – a new term on the meaning of equality, or at least one not yet so-named in the equality lexicon – as a necessary foundation for achieving the goal of true equality. Equality has a long-standing place in the discussion of politics and jurisprudence and remains a struggle of definition today. Rather than rehash the mass of scholarship, this Essay seeks to summarize the general equality concept, and propose that the legal discourse on equality center on a requirement that governmental power must protect and respect equal treatment and opportunity, unconstrained, not equal outcomes. …


Duress, Péter Cserne Dec 2010

Duress, Péter Cserne

Péter Cserne

This chapter is to appear in Contact Law and Economics, part of the Elgar Encyclopedia of Law and Economics, 2nd ed. Its purpose is to provide an overview of the economic analyses of contractual duress. The focus is on the distinctive features of the economic perspective on the duress doctrine, as developed in the theoretical literature of law and economics. Along with the results of economic analysis, the legal background and some non-economic theories of duress are also briefly presented.