El objetivo de este artículo de reflexión es explicar algunas ideas propias de la economía conductual tales como la teoría prospectiva y el efecto marco ( framing effect), así como sus posibles implicaciones para el derecho, concretamente respecto a la regulación relacionada con la...

This article explores how the concept of enforcement style can be adapted to be more analytically useful in the study of regulatory behavior and its effects in developing countries. In its first part, the article sets forth a dimensional conception of enforcement style and suggests two new...

As America enters the new decade, we enter a period of significant change. With the unexpected rise of the COVID-19 pandemic, many Americans are now questioning the current system and are looking for positive change. Politicians and policymakers need to seize this opportunity to protect...

In a court decision in 1914 Benjamin Cardozo wrote that every human being of adult years and sound mind has a right to determine what shall be done with his own body.... Now known as the right or principle of autonomy, this concept pervades the law, undergirding virtually all rights relating to...

This Article proposes a new method of reducing the costs administrative agencies incur in monitoring regulatory compliance by a firm that operates multiple sources of risk, such as air-polluting smokestacks. The expense of individually monitoring such sources directly may consume a large share...

This Article is an invited contribution to a symposium held at Duke University Law School under the title quot;The New European Choice-of-Law Revolution: Lessons for the United States?quot; The Article disputes part of this title by contending that, unlike its American counterpart, European...

This Article proposes a modular conception of environmental regulation and natural resource management as an alternative to traditional approaches. Under traditional approaches, agencies tend to operate independently, and often at cross-purposes, using relatively inflexible regulatory tools,...

Forces entirely apart from rationality shape commercial law. A turn to aesthetics directs attention to the non-rational elements at play in this law. These suppressed elements privilege commercial actors by deterring consideration of legal limitations on commercial activity that could be...

This is the Twentieth Annual Survey of American Choice-of-Law Cases. It covers cases decided by American state or federal courts from January 1 to December 31, 2006, and reported during the same period. Of the 2,598 conflicts cases that met both of these parameters, the Survey focuses on the...