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Superbias: The Collision Of Behavioral Economics And Implicit Social Cognition, Justin D. Levinson 2015 The University of Akron

Superbias: The Collision Of Behavioral Economics And Implicit Social Cognition, Justin D. Levinson

Akron Law Review

This Article explores what happens when behavioral law and economics and implicit social cognition collide, and presents an empirical study designed to test the hypothesis that racial stereotypes overpower behavioral economic phenomena...Section II details behavioral law and economics as well as implicit social cognition. It examines the social science basis of each field and explores the similar cognitive mechanics underlying them. Section III investigates what happens when race is introduced into economic decision-making and considers how racial stereotypes may specifically affect economic decisions already at risk of irrationality. Research has documented that economic decision-making is often discriminatory; new evidence suggests …


Beyond Incentives: Expanding The Theoretical Framework For Patent Law Analysis, Ofer Tur-Sinai 2015 The University of Akron

Beyond Incentives: Expanding The Theoretical Framework For Patent Law Analysis, Ofer Tur-Sinai

Akron Law Review

This Article challenges this one-dimensional approach and calls for a more frequent use of non-utilitarian considerations in discussions of the patent system. To be sure, this Article does not call for the complete abolition of economic analysis of patent law, which, despite its shortcomings, remains the most important tool in the evaluation of legal rules in this arena, where the vast majority of the players are motivated primarily by economic considerations. However, it does call for a broader use of non-economic considerations, particularly those embedded in the labor theory and the personality theory, alongside the economic analysis. As will be …


It’S Not That Difficult: The Shared Economic Growth Solution To Tax Reform, Matthew Lykken 2015 Pace University

It’S Not That Difficult: The Shared Economic Growth Solution To Tax Reform, Matthew Lykken

Pace Law Review

In this article, I outline the latest version of the Shared Economic Growth package proposal and explain how it accomplishes all of its goals, with reference to some of the recent scholarly works that support it. I then walk through the derivation of the numbers to show that it really works, based on conservative assumptions and without any reliance on economic growth or voodoo, and that it would provide a substantial addition to revenue in the coming years. These numbers are based on 2010 data, the most recent comprehensive data available, and thus prove that the proposal works in the …


The Evolution And Vitality Of Merger Presumptions: A Decision-Theoretic Approach, Steven C. Salop 2015 Georgetown University Law Center

The Evolution And Vitality Of Merger Presumptions: A Decision-Theoretic Approach, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This article reviews the formulation and evolution of the Philadelphia National Bank anticompetitive presumption through the lens of decision theory and Bayes Law. It explains how the economic theory, empirical evidence and experience are used to determine a presumption and how that presumption interacts with the reliability of relevant evidence to rationally set the appropriate burden of production and burden of persuasion to rebut the presumption. The article applies this reasoning to merger presumptions. It also sketches out a number of non-market share structural factors that might be used to supplement or replace the current legal and enforcement presumptions for …


Inference Under Stability Of Risk Preferences, Levon Barseghyan, Francesca Molinari, Joshua C. Teitelbaum 2015 Cornell University

Inference Under Stability Of Risk Preferences, Levon Barseghyan, Francesca Molinari, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

We leverage the assumption that preferences are stable across contexts to partially identify and conduct inference on the parameters of a structural model of risky choice. Working with data on households' deductible choices across three lines of insurance coverage and a model that nests expected utility theory plus a range of non-expected utility models, we perform a revealed preference analysis that yields household-specific bounds on the model parameters. We then impose stability and other structural assumptions to tighten the bounds, and we explore what we can learn about households' risk preferences from the intervals defined by the bounds. We further …


Defending Deference: A Reply To Professor Sylvain’S Disruption And Deference, Zahr K. Said 2015 University of Maryland Francis King Carey School of Law

Defending Deference: A Reply To Professor Sylvain’S Disruption And Deference, Zahr K. Said

Maryland Law Review

No abstract provided.


Disruption And Deference, Olivier Sylvain 2015 University of Maryland Francis King Carey School of Law

Disruption And Deference, Olivier Sylvain

Maryland Law Review

No abstract provided.


Heir Property In The African American Community: From Promised Lands To Problem Lands, Roy W. Copeland 2015 Langdale College of Business Administration, Valdosta State University

Heir Property In The African American Community: From Promised Lands To Problem Lands, Roy W. Copeland

Professional Agricultural Workers Journal

Abstract

African American landowners have been reluctant to take advantage of intergenerational succession laws which provide for an orderly transfer of property from one generation to the next. This reluctance has led to a prevalence of heir property. Heir property is created when a person dies intestate. Heir property has created an impediment to wealth accumulation and has contributed to African American land loss in America. Partition actions are a byproduct of heir property which has operated to accelerate the loss of real property in the African American community. The Uniform Partition of Heir Property Act provides for procedural safeguards …


Of Property Rights And Rights To Property, James E. Krier 2015 University of Michigan Law School

Of Property Rights And Rights To Property, James E. Krier

Articles

In 2004, President George W. Bush said, “I believe in private property so much, I want everyone in America to have some.” Much earlier, in 1948, an economics professor from the University of Texas expressed the same sentiment in strikingly similar terms. When asked by an investigatory committee of the Texas legislature whether he favored private property, he replied, “I do . . . and so strongly that I want everyone in Texas to have some.” Even putting aside the possibility that the President’s speechwriters found inspiration in an unacknowledged source, there are several interesting things to note about these …


What's It Worth To Keep A Secret?, Gavin C. Reid, Nicola Searle, Saurabh Vishnubhakat 2015 Duke Law

What's It Worth To Keep A Secret?, Gavin C. Reid, Nicola Searle, Saurabh Vishnubhakat

Duke Law & Technology Review

This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for other intellectual property protections, particularly patents. Accordingly, U.S. public policy correctly places a growing emphasis on characterizing the scope of trade secrets, creating incentives for their productive use, and imposing penalties for their theft. Yet amid this complex ecosystem of legal doctrine, economic policy, commercial strategy, and enforcement, there is little research or consensus on how to assign value to trade secrets. One reason for this gap is …


The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge 2015 University of Georgia School of Law

The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge

Georgia Journal of International & Comparative Law

No abstract provided.


The Latin American Development Process And The New Legislative Trends, Enrique E. Bledel 2015 Inter-American Bar Association

The Latin American Development Process And The New Legislative Trends, Enrique E. Bledel

Georgia Journal of International & Comparative Law

No abstract provided.


An Examination Of Legal Instrumentalism In Public Enterprise Development In The Middle East, Delwin A. Roy 2015 Georgia State University

An Examination Of Legal Instrumentalism In Public Enterprise Development In The Middle East, Delwin A. Roy

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li 2015 Stanford Law Schoool

Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Introduction, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


United Nations Set Of Multilaterally Agreed Equitable Principles And Rules For The Control Of Restrictive Business Practices, General Assembly Resolution 35/63 (1980)., Schaun Griffin 2015 University of Georgia School of Law

United Nations Set Of Multilaterally Agreed Equitable Principles And Rules For The Control Of Restrictive Business Practices, General Assembly Resolution 35/63 (1980)., Schaun Griffin

Georgia Journal of International & Comparative Law

No abstract provided.


Economic Implications Of European Transfrontier Pollution: National Prerogative And Attribution Of Responsibility, Fredrick C. Eisenstein 2015 University of Georgia School of Law

Economic Implications Of European Transfrontier Pollution: National Prerogative And Attribution Of Responsibility, Fredrick C. Eisenstein

Georgia Journal of International & Comparative Law

No abstract provided.


Host Country Taxation Of Transfer Of Technology Transactions, Guillermo Cabanellas, Luis Bertone 2015 University of Buenos Aries

Host Country Taxation Of Transfer Of Technology Transactions, Guillermo Cabanellas, Luis Bertone

Georgia Journal of International & Comparative Law

No abstract provided.


Enabling Patentless Innovation, Clark D. Asay 2015 University of Maryland Francis King Carey School of Law

Enabling Patentless Innovation, Clark D. Asay

Maryland Law Review

No abstract provided.


Not So Fast, Jeffrey D. Sachs, Lisa E. Sachs, Lise Johnson 2015 Columbia University, The Center for Sustainable Development

Not So Fast, Jeffrey D. Sachs, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

President Barack Obama and the Republican leadership in Congress are trying to pass "fast track" legislation in order to push through major economic agreements with eleven countries of the Pacific region (the Trans-Pacific Partnership) and Europe (the Trans-Atlantic Trade and Investment Partnership) without the possibility for Congressional amendments. Both are being sold generally as "trade agreements," yet they involve key areas of business law and regulation far beyond trade. Before Congress approves fast track, these agreements need to be made public and exposed to thorough public scrutiny.


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