Law and Economics Commons^™

Resetting Normal: Women, Decent Work And Canada's Fractured Care Economy, The Canadian Women's Foundation, Canadian Centre For Policy Alternatives, Ontario Nonprofit Network, Fay Faraday

Commissioned Reports, Studies and Public Policy Documents

Women in Canada have been disproportionately impacted by the COVID-19 pandemic to an extent that threatens to roll back equality gains. Economic losses have fallen heavily on women and most dramatically on women living on low incomes who experience intersecting inequalities based on race, class, disability, education, and migration and immigration status. The pandemic crisis has highlighted the fragility of response systems and the urgent need for structural rethinking and systemic change.

Practising Law For Rich And Poor People: Towards A More Progressive Approach, Allan C. Hutchinson

Articles & Book Chapters

It is 50 years since Stephen Wexler’s essay, Practicing Law for Poor People, was published.By any reasonable measure, this has become and remains an iconic piece. Whether he is agreed with or disagreed with, Wexler’s arguments continue to define the terms of the debate about the proper role and responsibilities of those who practise law for poor people. Critics and jurists can be for or against Wexler’s account, but they cannot make serious headway without it. As such, Wexler’s essay deserves to be celebrated and showcased as it reaches its half-century milestone. However, his ideas and their informing assumptions about …

"Do Lawyers Need Economists?" Review Of Economic Transplants: On Lawmaking For Corporations And Capital Markets, Reuven S. Avi-Yonah

Reviews

Katja Langenbucher’s outstanding book seeks to address the question of why and in what ways have lawyers been importing economic theories into a legal environment, and how has this shaped scholarly research, judicial and legislative work? Since the financial crisis, corporate or capital markets law has been the focus of attention by academia and media. Formal modelling has been used to describe how capital markets work and, later, has been criticized for its abstract assumptions. Empirical legal studies and regulatory impact assessments offered different ways forward. This excellent book presents a new approach to the risks and benefits of interdisciplinary …

Inequality In The Sharing Economy, Gregory M. Stein

Brooklyn Law Review

The rise of the sharing economy benefits consumers and providers alike. Consumers can access a wider range of goods and services on an as-needed basis and no longer need to own a smaller number of costly assets that sit unused most of the time. Providers can engage in profitable short-term ventures, working on their own schedule and enjoying many new opportunities to supplement their income. Sharing economy platforms often employ dynamic pricing, which means that the price of a good or service varies in real time as supply and demand change. Under dynamic pricing, the price of a good or …

Revising The Debt Limit For “Small Business Debtors”: The Legislative Half-Measure Of The Small Business Reorganization Act, Michael C. Blackmon

Brooklyn Journal of Corporate, Financial & Commercial Law

Bankruptcy law changed drastically in 2019 with the passage of several bills. This Note will examine two of them. First, the Family Farmer Relief Act of 2019 raised the debt limit of the family farmer from $4,411,400 to $10,000,000. This enables more financially distressed family farmers to be eligible for Chapter 12 relief, a reorganizational tool designed for farmers. Second, the Small Business Reorganization Act of 2019 created Subchapter V – Small Business Debtor Reorganization in Chapter 11. This new Subchapter streamlined the reorganization process for small business debtors by removing roadblocks which often derail a reorganization of a small …

South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson

Brooklyn Journal of Corporate, Financial & Commercial Law

For more than a century, brick-and-mortar retailers have been losing local customers—first with the rise of mail-order houses and then more acutely with the rapid growth of online retail. As a result, states have noticed a significant loss in sales tax revenue. While an equivalent amount of tax is typically still owed to the state in the form of a use tax, which is to be remitted to the state by the customer, because these taxes are not automatically collected at the time of the sale, customers have overwhelmingly elected not to pay them. In an effort to recover this …

The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski

Pace Intellectual Property, Sports & Entertainment Law Forum

Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."

Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.

Part III of this article will focus …

A Literature Review On Islamic Estate Planning From Year 2014 To 2019, Muhammad MuiʻZz Abdullah, Naimah Mohamad Nasir, Nasrul Hisyam Nor Muhamad, Muhammad Ridhwan Ab. Aziz, Abdul Bari Awang, Mek Wok Mahmud

Library Philosophy and Practice (e-journal)

A systematic property planning is one of the most important processes to ensure that the accumulated property over a person's lifetime can be fully utilized for goodness especially by their heirs. However, there are many problems of neglection and postponement in islamic estate distribution among the heirs nowadays, which result in difficulties in the management process. In fact, because of the unfamiliarity of the property distribution process among the heirs has caused them to ignore existing solutions. Therefore, this article aims to study the factors leading to delays in islamic estate administration and to highlight solutions to the arising issues …

Conformity And State Income Taxes: Suggestions For The Crisis, David Gamage, Michael A. Livingston

Articles by Maurer Faculty

To guarantee adequate revenue in the postCOVID-19 era, state governments should consider using all possible tools at their disposal. This article explains how and why state governments should evaluate their degree of conformity with federal tax changes in order to achieve this purpose.

The 2010 Hmgs Ten Years Later: Where Do We Go From Here?, Steven C. Salop, Fiona Scott Morton

Georgetown Law Faculty Publications and Other Works

In this short article, which is part of a RIO Symposium on the Tenth Anniversary of the 2010 Merger Guidelines, we suggest a number of improvements that should be considered in the next revision of the Guidelines. Our analysis is based on the observation that horizontal merger policy has suffered from under-enforcement. We provide evidence that the enforcement agencies face significant resource constraints which require a triage process that inevitably leads to under-enforcement. In light of merger law placing greater weight on avoiding false negatives and under-deterrence than false positive and over-deterrence, the article suggests a number of ways in …

Session 6: Innovating The Built Environment Post-Covid-19, Marc Palatucci, Richard Lyall, Timothy Harris, Steven Bender, Peter Smirniotopoulos, Ryan Mathesin

SITIE Symposiums

ABSTRACT: Innovating the Built Environment for a Post-COVID-19 World

It would seem an act of academic malpractice to teach a course titled Innovating the Built Environment: How the Law Responds to Disruptive Change, and host an all-day symposium as an integral part of that course, and not endeavor to address the most-disruptive thing to happen to the built environment in more than 100 years: The coronavirus pandemic. This "disruption" to real estate is the proverbial elephant in the room. Hopefully, it will maintain a minimum six-foot distance from others as we address how it impacts the four Special Topics …

Session 5: Real Estate Tokenization, Joseph Vincent, Steven Bender, Peter Smirniotopoulos

SITIE Symposiums

ABSTRACT: Is “tokenization” the next great leap forward needed to make homeownership more appealing to Millennials and Gen Z’s?

If single-family homeownership and time-sharing had a love child, what would it look like? Is it possible to adapt successful models for office sharing to homeownership so renters who lament not owning an appreciating asset could have a stake in “something” while not being tied down to one specific residential structure or a single geographic location, to make homeownership more attractive to younger generations? And, if so, does blockchain technology hold the key (pun intended) to fractional ownerships in real …

Session 4: Atlanta Beltline, Art Lansing, Rob Turner, Jim Langford, Kristen Lohse, Claire Martini

SITIE Symposiums

ABSTRACT: What Would it Take to Connect All of Greater Seattle’s Neighborhoods with Walking and Biking Trails?

Major U.S. cities have endeavored, independently of each other, over the past several decades to create greenway systems connecting residents and visitors with neighborhoods and attractions, increasing opportunities for walking and biking and reducing their reliance on vehicular traffic. Atlanta’s BeltLine--a twenty-two-mile loop of historic railroad right-of-ways encircling the city’s downtown and midtown areas, seeks to reinvent the city if transformed into a green corridor—is perhaps one of the best examples of how a Seattle Greenway might be accomplished (although Atlanta’s concerted …

Session 3: Virtual Luncheon Session, Student Submissions

SITIE Symposiums

A Working Lunch brainstorming discussion, moderated by Professor Smirniotopoulos, to discuss “What Comes Next?” in the context of Innovating the Built Environment: How the Law Responds to Disruptive Change.

Registered students in Prof. Smirniotopoulos’s Innovating the Built Environment course will take one-to-two minutes each to present their initial project ideas for their Final Projects in the course, as well as outlining and moderating a discussion of the Challenges and Opportunities presented by their ideas. Symposium participants are encouraged to set up lunch in front of their computers and participate actively in discussing each student’s project idea, providing relevant …

Session 2: Wework, Ryan Mathisen, Peter Smirniotopoulos, Paul Swegle

SITIE Symposiums

ABSTRACT: When Worlds Collide: How an 86-Year Old Federal Law (The Securities Act of 1933) Exposed the Flaws in WeWork’s “Innovative Business Model.”

Co-working pioneer WeWork, a wholly owned subsidiary of The We Company, grew meteorically through an extremely aggressive building and master-lease acquisition strategy over the past several years. Substantial, early stage funding from SoftBank, a Japan-based high-tech venture capital investment bank, reinforced WeWork’s unicorn status. But was WeWork’s business model truly unique, bringing with it the promise of a very profitable real estate operating company in the future? Or was it the company’s early stage, venture …

Session 1: Crew Seattle Presentation, Emily Alvarado, Jeanne Marie Coronado, Tory Laughlin Taylor, Colin Morgan-Cross

SITIE Symposiums

ABSTRACT: Is there Still a Place in Seattle for the Single-Family Detached Housing Typology, Given the Acute Need for Affordable Housing?

This expert panel will explore the intersection between existing zoning laws and well-established neighborhood patterns of development, on the one hand, and the acute need for the increased production and availability of affordable housing, in the greater Seattle area, including in and near the City of Seattle’s Central Business District, as well as other close-in employment centers, on the other hand. The genesis of this Special Topic in the Innovating the Built Environment SITIE2020 course came out of …

Opening Session, Annette Clark, Steven Bender, Peter Smirniotopoulos

SITIE Symposiums

The SITIE2020 Symposium: Innovating the Built Environment was offered entirely online, through the Zoom platform. Each of six (6) symposium sessions, outlined below, were offered in a continuous Zoom session with breaks throughout the day, allowing our audience to select those sessions of greatest interest to them. Students enrolled in Professor Smirniotopoulos’s Summer Institute course—Innovating the Built Environment: How the Law Responds to Disruptive Change—participated all day.

Proceedings Of The Sitie2020 Symposium, Seattle Journal Of Technology, Environmental, And Innovation Law

SITIE Symposiums

Complete Summary of Proceedings.

Reforming State Corporate Income Taxes Can Yield Billions, Darien Shanske, Reuven S. Avi-Yonah, David Gamage

Articles by Maurer Faculty

The federal government should be providing states and localities with hundreds of billions of dollars in aid. The arguments against such aid, including the claim that the states have somehow been profligate, do not stand up to scrutiny. Nevertheless, it seems unlikely that the federal government will do enough, and it is already the case that the federal government is acting too slowly. States and local governments, which generally operate under balanced budget constraints, are, accordingly, already making sweeping cuts4 that will deepen the recession and reduce services when they are most needed.

Rather than make these cuts, it would …

Consumer Welfare & The Rule Of Law: The Case Against The New Populist Antitrust Movement, Elyse Dorsey, Geoffrey A. Manne, Jan M. Rybnicek, Kristian Stout, Joshua D. Wright

Pepperdine Law Review

Populist antitrust notions suddenly are fashionable again. At their core is the view that antitrust law is responsible for a myriad of purported socio-political problems plaguing society today, including but not limited to rising income inequality, declining wages, and increasing economic and political concentration. Seizing on Americans’ fears about changes to the modern US economy, proponents of populist antitrust policies assert the need to fundamentally reshape how we apply our nation’s competition laws in order to implement a variety of prescriptions necessary to remedy these perceived social ills. The proposals are varied and expansive but have the unifying theme of …