Topic
Law and Economics
Posts
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Online2024
Contingent Fees and Access to Justice
In recent years, scholars have documented and lamented the fact that most Americans have difficulty gaining access to justice. Most people simply cannot afford…
Eric Helland & Daniel Klerman -
ArticleVol. 102 · Iss. 1
Criminal Recordkeeping
Business managers must create and keep records for decision-making. Yet doing so presents an obvious problem for those who manage illegal businesses: their records…
Andrew K. Jennings -
ArticleVol. 101 · Iss. 4
Do the Securities Laws Actually Protect Investors (And How)? Lessons from SPACs
Some have criticized mandatory securities regulation based on the claim that market competition alone adequately constrains exploitation of public investors in securities offerings. Other…
Patrick M. Corrigan -
ArticleVol. 101 · Iss. 2
The Common Ownership Tax Strategy
The recent mass shift by American retail investors into index funds has given rise to a modern form of common ownership. Significant stakes in…
Danielle A. Chaim -
ArticleVol. 101 · Iss. 1
Rethinking Preliminary Remedies
It is universally assumed that courts, when picking a preliminary remedy, should consider more than the legal merits. They also should consider factors like…
Eric Brooks -
ArticleVol. 100 · Iss. 6
Wireless Investors & Apathy Obsolescence
Abstract This Article discusses how a subgenre of retail investors makes investors’ apathy obsolete. In prior work, we dub retail investors who rely on…
Sergio Alberto Gramitto Ricci & Christina M. Sautter -
ArticleVol. 100 · Iss. 5
Of Sinners & Scapegoats: The Economics Of Collective Punishment
Abstract “[I]t is better that ten guilty persons escape than that one innocent suffer.” 4 William Blackstone, Commentaries *358. “[I]t is better that ten…
J. Shahar Dillbary & Thomas J. Miceli -
ArticleVol. 100 · Iss. 4
The Macroeconomics Of Intellectual Property
Abstract Intellectual property is understood to have an economic rationale: supplying incentives for innovation and for the creation and dissemination of knowledge and information.…
Eric E. Johnson -
ArticleVol. 100 · Iss. 3
The Undemocratic Class Action
Abstract Class actions can have profound effects. But theorists, policymakers, and judges have long worried that attorneys can use them for their own advantage,…
Nicholas Almendares -
ArticleVol. 100 · Iss. 2
Citizen Corp.–Corporate Activism and Democracy
Abstract Corporations are increasingly taking stands on a wide range of social issues: gun control, gender and race, immigration, abortion. Scholars have praised this…
Saura Masconale & Simone M. Sepe -
ArticleVol. 100 · Iss. 2
Stewardship Theater
Abstract Large asset managers like BlackRock and Vanguard have amassed staggering equity holdings. The voting rights that accompany these holdings give them enormous power…
Jeff Schwartz -
ArticleVol. 100 · Iss. 1
Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response
Abstract Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a…
Alexander MacKay & Samuel Weinstein