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In their seminal 1972 article, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," Guido Calabresi and A. Douglas Melamed proposed an analytic framework for comparing entitlements protected by property rules and liability rules. Their article has become one of the...
Persistent link: https://www.econbiz.de/10014173756
Since United States v. Lopez first brought the distinction between economic and non-economic activity to the forefront of the Supreme Court's Commerce Clause analysis, courts and commentators alike have been grappling with the issue of what constitutes an economic activity for federal regulatory...
Persistent link: https://www.econbiz.de/10014050808
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the theory of negligence. It shows that tort claims are systematically devalued during settlement...
Persistent link: https://www.econbiz.de/10014052425
The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...
Persistent link: https://www.econbiz.de/10014198798
In 2006, the National Collegiate Athletic Association (NCAA) celebrated 100 years of providing opportunities for students to participate in intercollegiate athletics. During that time intercollegiate athletics underwent tremendous transformation. Beginning as student-run endeavors on Ivy League...
Persistent link: https://www.econbiz.de/10014201963
The U.S. Chamber of Commerce uses its Survey of State Liability to criticize judiciaries and seek legal change but no detailed evaluation of the survey’s quality exists. This article presents evidence that the survey is substantively inaccurate and methodologically flawed. It incorrectly...
Persistent link: https://www.econbiz.de/10014204151
This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...
Persistent link: https://www.econbiz.de/10014213178
In this article the author outlines some difficulties facing the cyber-shopper. These include the practical difficulties of enforcement and redress which arise when a cyber-shopper purchases a defective product from an overseas supplier, or when misleading information is placed on the internet...
Persistent link: https://www.econbiz.de/10012999359
This article examines the benefits of the class action for New Zealand consumers. It analyses the current operation of the New Zealand class action and recommends significant reform to expand the use of the class action and to give clear specific guidelines on its operation. The author defines a...
Persistent link: https://www.econbiz.de/10012999361
Persistent link: https://www.econbiz.de/10013002352