Carrots, sticks, and the multiplication effect

Although a punishment can be applied only once, the threat to punish (also referred to as stick) can be reiterated several times, because when parties obey, the punishment is not applied and thus the threat can be repeated. The same is not possible with promises to reward (also known as carrots), since they need to be carried on every time a party complies, and hence at each round a new reward is needed. We show that the multipliability of sticks has pervasive consequences in economics and law and provides a unified explanation for seemingly unrelated phenomena such as the dynamics of riots and revolutions, the divide-and-conquer strategy, comparative negligence, the anticommons problem, the use of property rules in markets, the most-favored nation clause, legal restrictions on penalties in employment contracts, and legal aid

Can Greece be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations

The ongoing European crisis has raised uncomfortable questions about the conditions under which treaty-based unions of nations like the EU or the EMU can legally expel a member—Greece being the most obvious candidate. The EU, for example, has rules governing the voluntary withdrawal of members, but says nothing about whether a member can be expelled. As a matter of international law, what does the silence mean? Put differently: What is the default rule regarding expulsions when a treaty says nothing about forced withdrawals? Is there an absolute bar on expulsion, as some have suggested? Conversely, is there an implicit right to expel? Or can material breaches of a treaty justify expulsion? And if fault is not required, must the expelled member state be compensated in some way

Patent Damage Strategies and the Enterprise License: Constructive Notice, Actual Notice, No Notice

For the patent owner, early provision of patent notice can help maximize recoverable infringement damages during subsequent litigation. This iBrief recognizes a growing trend of infringement suits predicated on patented enterprise software technology, and analyzes application of patent notice principles against industry convention. This iBrief examines the licensing paradigm of enterprise software and questions whether mechanical compliance with the marking statute should qualify as constructive notice. Borrowing from analogous Federal Circuit principles, this iBrief concludes by proposing alternate notice theories that would empower patentees to seek increased remedies consistent with industry reality, case law, and fundamental statutory purpose

Towards an Administration without Frontiers. An analysis on the instruments and mechanisms of cooperation in the field of migration from Romanian view

As a consequence of Romania’s accession to the European Union, a better organization of the public administration was necessary, in order to cope with the new challenges. Thus, Romania, as a country at the external border of the Union, entered a new period which implies the efficient security of the external borders, migration control, as well as preparing and adopting the necessary measures for the elimination of the internal border controls (for the purpose of subsequently joining the Schengen space). All these considerations called for a closer cooperation between the competent authorities in the field and the reform of the system in order to meet the requirements. Romania, with regard to exercising its competencies on the population, is placed in a double position: State of origin and State of receipt. The State’s prerogative to establish the legal regime applicable to the persons under its jurisdiction, is considered exclusive and discretionary, but must take into account two important postulates: the regime of its citizens must not bring irreversible damage to the fundamental human rights, and the regime of aliens must not prejudice their interests or the interests of their States of origin.(F. Vogin)migration, control, procedure, refugees, expulsion, extradition, visa