Search
Now showing items 1-10 of 31
Redistribution Through Discriminatory Taxes: A Contractarian Explanation of the Role of the Courts
(George Mason Law Review, 1998)
What role should courts serve regarding wealth redistribution through tax provisions? Perhaps they should base decisions on efficiency grounds, protecting society from the transactions costs and other wealth reductions ...
Parole, in "Eighteenth Annual Review of Criminal Procedure: United States Supreme Court and Court of Appeals, 1987-88"
(Georgetown Law Journal, 1989)
The purpose of parole is to integrate prisoners into society by allowing them to serve a portion of their sentences outside prison. While on parole, the parolee is subject to the continuing supervision of a parole or ...
Outsourcing, Modularity, and the Theory of the Firm
(Brigham Young University Law Review, 2011)
Firms have increasingly moved productive activities from within to outside the firm through outsourcing arrangements. According to some estimates, the value of outsourcing contracts has been nearly 100 billion dollars per ...
Choice of Law for Internet Transactions: The Uneasy Case for Online Consumer Protection
(University of Pennsylvania Law Review, 2005)
This Essay explores the possibility that the market for online purchases fails to work as efficiently as it can because consumers lack trust in unknown vendors, and it argues that consumer distrust in unknown vendors can ...
Opting Out of Regulation: A Public Choice Analysis of Contractual Choice of Law
(Vanderbilt Law Review, 2000)
This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international ...
Apology and Thick Trust: What Spouse Abusers and Negligent Doctors Might Have in Common
(Chicago-Kent Law Review, 2004)
As apology advocates have previously emphasized, much of the civil litigation that clogs court dockets in America today could be avoided with a simple heartfelt apology. Although sometimes difficult to offer, these expressions ...
Brain Plasticity and Spanish Moss in Biolegal Analysis
(Florida Law Review, 2001)
The field of law and biology is growing rapidly, and the good scholarship typically has much to do with Owen Jones... The general message that Professor Jones disseminates in his articles is important. Law cannot reach ...
Customizing Employment Arbitration
(Iowa Law Review, 2012)
According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...
Preemption and Choice-of-Law Coordination
(Michigan Law Review, 2013)
The doctrine treating federal preemption of state law has been plagued by uncertainty and confusion. Part of the problem is that courts purport to interpret congressional intent when often Congress has never considered the ...
Customizing Employment Arbitration
(Iowa Law Review, 2012)
According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...