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Now showing items 31-40 of 792
Concavity of Utility, Concavity of Welfare, and Redistribution of Income
(Kluwer Academic Publishers, 2010)
The marginal social value of income redistribution is understood to depend on both the concavity of individuals’ utility functions and the concavity of the social welfare function. In the pertinent literatures, notably on ...
Burden of Proof
(Yale Law School, 2012)
The burden of proof is a central feature of all systems of adjudication, yet one that has been subject to little normative analysis. This Article examines how strong evidence should have to be in order to assign liability ...
The 'Antidirector Rights Index' Revisited
(Oxford University Press (OUP), 2010)
The “antidirector rights index” has been used as a measure of shareholder protection in over a hundred articles since it was introduced by La Porta et al. (“Law and Finance.” 1998, Journal of Political Economy 106:1113–55). ...
Contemporary Legal Transplants - Legal Families and the Diffusion of (Corporate) Law
(Brigham Young University Law Review, 2010)
This paper empirically documents the continued importance of the legal families for the diffusion of formal legal materials from the core to the periphery in post-colonial times. This raises the possibility that substantive ...
Legal Origins, Civil Procedure, and the Quality of Contract Enforcement
(Mohr, 2010)
This paper empirically compares civil procedure in common-law and civil-law countries. Using World-Bank and hand-collected data, and unlike earlier studies that used predecessor data sets, this paper finds no systematic ...
Tort Law at the Founding
(Florida State University, College of Law, 2011)
In his influential History of American Law, Lawrence Friedman suggests that tort law was “totally insignificant” prior to the late Nineteenth Century. Implicit in this assessment is a judgment that a body of law is significant ...
Introduction: Pragmatism and Private Law
(Harvard University, Harvard Law School, 2012)
It is not difficult to come up with a rough definition of private law. Private law defines the rights and duties of individuals and private entities as they relate to one another. Yet, whereas scholars in commonwealth ...
The Wages of Failure: Executive Compensation at Bear Stearns and Lehman 2000-2008
(Yale Journal on Regulation, 2010)
The standard narrative of the meltdown of Bear Stearns and Lehman Brothers assumes that the wealth of the top executives of these firms was largely wiped out along with their firms. In the ongoing debate about regulatory ...
Net Neutrality as Diplomacy
(Yale Law School, 2010)
Popular imagination holds that the turf of a state’s foreign embassy is a little patch of its homeland. Enter the American Embassy in Beijing and you are in the United States. Indeed, in many contexts—such as resistance ...
Legal Origin or Colonial History?
(Oxford University Press (OUP), 2011)
Economists have documented pervasive correlations between legal origins, modern regulation, and economic outcomes around the world. Where legal origin is exogenous, however, it is almost perfectly correlated with another ...