Now showing items 1-6 of 6
Second Generation Law and Economics of Conflict of Laws: Baxter's Comparative Impairment and Beyond
(Stanford Law Review, 1999)
In his 1963 article in the Stanford Law Review, "Choice of Law and the Federal System," Professor William F. Baxter criticized the choice-of-law approach of the First Restatement of the Conflict of Laws. According to the ...
Mistake of Federal Criminal Law: A Study of Coalitions and Costly Information
(Supreme Court Economics Review, 1996)
This article analyzes Supreme Court and other federal court cases, to explain the seemingly disparate incorporation of mistake of law excuses into federal criminal statutes. Most of the cases can be explained from an ...
Social Constraint or Implicit Collusion?: Toward a Game Theoretic Analysis of Stare Decisis
(Seton Hall Law Review, 1993)
This Article suggests an alternative, internal rationale for why judges follow precedents. The Article posits that stare decisis has evolved as a result of judges' preference for the doctrine. The Article begins with an ...
Interest Groups, Contracts and Interest Analysis
(Mercer Law Review, 1997)
Interest analysis does not stand up well under economic analysis. Richard Posner has noted that the territorial approach to choice-of-law rules reflected in the First Restatement enabled states at least roughly to exercise ...
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 ...
Hedonic Damages for Wrongful Death: Are Tortfeasors Getting Away with Murder?
(Georgetown Law Journal, 1990)
This note argues that to deter negligent behavior adequately, tortfeasors should be held liable for what may be the most substantial cost they impose on accident victims-"hedonic damages," or the loss of the value of life ...