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Although democracy is today the most common form of government, the Law and Economics literature has neglected for a …: in democracies, people partly determine the law they have to respect. To do so, I construct a theoretical model of …
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The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions … narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory … – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and …
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-driven regulation or judicially-derived common law is better suited at addressing possible privacy violations that result from the … unwittingly the subject--the paper shows that the law must balance the loss of choice via reductions of privacy with increases in …. The symposium piece concludes that the common law is generally better suited at addressing the heavily context …
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