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Conventional legal doctrine holds that courts should be more willing to find unconscionability in contracts when either one party has monopoly power or the other party was not given a choice of contract terms. This paper suggests that this doctrine is misguided on both points. I argue that the...
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anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is … therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive …
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Notwithstanding low capital investment requirements and a market structure that otherwise allows many thousands of competitors in big markets, taxis have long been treated as a regulated industry, with the same legal constraints as once applied to railroads, airlines, telecoms, electric, and...
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"This paper presents a theory of competition for political leadership between incumbent leaders and their challengers … perfectly competitive (ideal democracy). Leaders are constrained by the threat of "entry" or their ability to tax (or both), so … trade sanctions and other policies designed to promote democracy may actually have the unintended consequences of …
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