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Libertarian Paternalism, Externalities, and the ‘Spirit of Liberty’ : How Thaler and Sunstein are Nudging Us Toward an ‘Overlapping Consensus’
Desai, Anuj C. - 2013
theory: a humility about the possibility of policymaker error embodied in Learned Hand’s famous aphorism about the “spirit of …
Persistent link: https://www.econbiz.de/10014193492
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The Disability–Employability Divide : Bottlenecks to Equal Opportunity
Areheart, Bradley A.; Stein, Michael Ashley - 2018
with disabilities. This Review applies Fishkin’s theory to explore how disability law creates and perpetuates bottlenecks …
Persistent link: https://www.econbiz.de/10014143456
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The Economics of Third-Party Financed Litigation
Hylton, Keith N. - 2011
This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider...
Persistent link: https://www.econbiz.de/10013117592
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Statutory and Common Law Enforcement of Foreign Insolvency Judgments
Ho, Look Chan - 2011
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
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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
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The Economics of the Restatement and of the Common Law
Hylton, Keith N. - 2013
The common law process appears to have checks and balances that prevent the self-interest of a particular embedded actor (judge or lawyer) from having a substantial distortive effect. The question that follows is whether the Restatement project is also immune, to the same extent as the common...
Persistent link: https://www.econbiz.de/10013078079
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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
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Why Should Guilty Pleas Matter?
Brooks, Thom - 2022
Most offenders plead guilty without a trial. Their guilty plea typically earns a reduced punishment. It raises the issue of why should guilty pleas matter. This chapter considers the use of plea bargaining in the United States and guilty plea discounts in England and Wales. While the former is...
Persistent link: https://www.econbiz.de/10013293826
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Intercategorical Analysis of Law
Hirsch, Adam J. - 2023
This Article advocates the routine use of intercategorical analysis in lawmaking: When formulating (or revisiting) rules within one legal category, courts, legislators, and codifiers alike should explore analogous doctrines that prevail in related categories. Such exploration may provide...
Persistent link: https://www.econbiz.de/10014350530
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Lauterkeitsrechtliche Konflikte im Internet : ökonomische Analyse und Rechtsvergleichung
Spirig, Martin - 2001
Persistent link: https://www.econbiz.de/10001608273