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Petrin, Martin - 2018

According to a universal bedrock principle of corporate law, corporations have separate legal personality and limited liability. These principles apply equally to corporate groups. Accordingly, a parent company is normally not liable for legal infractions and unpaid debts of its subsidiaries. In...

Persistent link: https://www.econbiz.de/10012908033

Moral Grammar and Human Rights : Some Reflections on Cognitive Science and Enlightenment Rationalism

Mikhail, John - 2012

Persistent link: https://www.econbiz.de/10013114121

Economic Analysis of Criminal Procedure

Hylton, Keith N. - 2014

This essay reviews the economics of criminal procedure, proceeding through four topics in the literature. First, I review the implications of substantive criminal law theories for criminal procedure. The second part discusses the error cost model of criminal procedure, which is the dominant...

Persistent link: https://www.econbiz.de/10013049496

The Properties of the Law : Restoring Personal Property Through Crime and Tort

Dyson, Matthew - 2014

Why are the civil remedies at common law which delivery up specific moveable property to another with greater right to possess so narrow in English law? Historically the equitable remedy of specific restoration returned property more easily than even the rule today; the common law remedy remains...

Persistent link: https://www.econbiz.de/10013061085

Beyond Incompatibility. Trade-Offs between Mutually Exclusive Algorithmic Fairness Criteria in Machine Learning and Law

Zehlike, Meike; Loosley, Alex; Hacker, Philipp; … - 2022

methods from the mathematical theory of optimal transport. We demonstrate the effectiveness of our algorithm when applied to …

Persistent link: https://www.econbiz.de/10014240419

Retributive and Corrective Justice, Criminal and Private Law

Wood, David Alan Russell - 2010

retributive and distributive justice in criminal law theory. Likewise, there is considerable discussion of the relation between … corrective and distributive justice in private law theory. However, there is comparatively little discussion of the relation … between retributive justice and corrective justice, whether in criminal law theory, private law theory, or legal theory …

Persistent link: https://www.econbiz.de/10014192370

Stealing More Is Better? An Economic Analysis of Islamic Law of Theft

Gouda, Moamen - 2016

This study is the first attempt (in the field of Law and Economics) to apply economic analysis to shari'a or Islamic criminal law, in particular, that aspect of the law pertaining to theft. Shari'a imposes two main punishments for theft; hadd, a fixed penalty of amputation of the offender's...

Persistent link: https://www.econbiz.de/10013007070

Moral Heuristics or Moral Competence? Reflections on Sunstein

Mikhail, John - 2006

disorders. What Sunstein gives us, in effect, is a theory of performance errors without a corresponding theory of moral … unsound. Exotic and unfamiliar stimuli are used in theory construction throughout the cognitive sciences, and these problems …

Persistent link: https://www.econbiz.de/10014059790

An Economic Analysis of Notification Requirements for Data Security Breaches

Lenard, Thomas M.; Rubin, Paul H. - 2014

In this paper, we examine the costs and benefits of laws requiring businesses to notify consumers if their private data is compromised, such as the law in California and other state and federal laws recently passed or proposed. Identity theft and related frauds do not seem to be increasing in...

Persistent link: https://www.econbiz.de/10014063381

Law and the Emotions : The Problems of Affective Forecasting

Blumenthal, Jeremy A. - 2005

Legal scholarship on behavioralism and the implications of cognitive biases for the law is flourishing. In parallel with the rise of such commentary, legal scholars have begun to discuss the role of the emotions in legal discourse. Discussion turns on the appropriateness of various emotions for...

Persistent link: https://www.econbiz.de/10014067984