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This essay seeks to trace the many—and often conflicting—economic ideological interpretations of the transatlantic abolitionist impulse. In particular, it explores the contested relationship between free-trade ideology and transatlantic abolitionism, and highlights the understudied influence...
Persistent link: https://www.econbiz.de/10012944447
While law and economics has become an established mode of analysis within the United States, it is generally asserted that law and economics "barely exists" in European countries. In order to support this claim, scholars have looked to various metrics, such as hiring of economists by law...
Persistent link: https://www.econbiz.de/10013099247
A behavioral divide cuts across the Atlantic. Despite the recent surge of behavioral analysis in European academia, a scrutiny of decisions by courts and regulatory agencies in the US and the EU reveals striking differences: While in the US rulings by courts and regulatory agencies progressively...
Persistent link: https://www.econbiz.de/10012971712
The Constitution of the United States is one of limited powers. The federal government has the authority to do only those things the Constitution says it can do. Over the centuries, the General Welfare Clause has been used as justification to expand federal power. However, if one were to apply...
Persistent link: https://www.econbiz.de/10013055855
The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...
Persistent link: https://www.econbiz.de/10014204308
Economic analysis plays a major role in the American legal discourse, while its position in the German-speaking legal debate remains comparatively limited. In Germany and Austria, a widespread aversion against law and economics can be observed among legal scholars. This article advances an...
Persistent link: https://www.econbiz.de/10014216535
The Shar’ia councils began as an informally operated arena for mediating and resolving familial disputes in accordance with Shar'ia law. This changed in 2008, when an application of the 1996 Arbitration Act allowed the Shar’ia councils’ decisions to become legally binding. In this paper, I...
Persistent link: https://www.econbiz.de/10014162368
What is wrong with calls for search neutrality, especially those rooted in the notion of Internet search (or, more accurately, Google, the policy scolds’ bête noir of the day) as an “essential facility,” and necessitating government-mandated access? As others have noted, the basic concept...
Persistent link: https://www.econbiz.de/10014186711
Should courts consider cases from other jurisdictions? The use of foreign law precedent has sparked considerable debate in the United States, and this question is also controversially discussed in Europe. In this paper and within the larger research project from which it has developed, we study...
Persistent link: https://www.econbiz.de/10014188530
Future increases to the top income tax rates for individuals and reductions to the corporate tax rate will invite the widespread use of C corporations as tax shelter vehicles, an old problem that has never been addressed successfully. The changes could even resurrect the need for the...
Persistent link: https://www.econbiz.de/10013070884