3,261 research outputs found

    Jude-made law and the common law process

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    Restricting Access to Books on the Internet: Some Unanticipated Effects of U.S. Copyright Legislation

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    One manifestation of the trend towards the strengthening of copyright protection that has been noticeable during the past two decades is the secular extension of the potential duration during which access to copyrightable materials remains legally restricted. Those restrictions carry clear implications for the current and prospective costs to readers seeking “on-line” availability of the affected content in digital form, via the Internet. This paper undertakes to quantify one aspect of these developments by providing readily understandable measures of the restrictive consequences of the successive modifications that were made in U.S. copyright laws during the second half of the twentieth century. Specifically, we present estimates of the past, present, and future number of copyrighted books belonging to different publication-date “cohorts” whose entry into the public domain (and consequent accessibility in scanned on-line form) will thereby have been postponed. In some instances these deferrals of access due to legislative extensions of the duration of copyright protection are found to reach surprisingly far into the future, and to arise from the effects of interactions among the successive changes in the law that generally have gone unnoticed.copyright legistlation, Internet, digital books

    Self-similar slip pulses during rate-and-state earthquake nucleation

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    For a wide range of conditions, earthquake nucleation zones on rate- and state-dependent faults that obey either of the popular state evolution laws expand as they accelerate. Under the “slip” evolution law, which experiments show to be the more relevant law for nucleation, this expansion takes the form of a unidirectional slip pulse. In numerical simulations these pulses often tend to approach, with varying degrees of robustness, one of a few styles of self-similar behavior. Here we obtain an approximate self-similar solution that accurately describes slip pulses growing into regions initially sliding at steady state. In this solution the length scale over which slip speeds are significant continually decreases, being inversely proportional to the logarithm of the maximum slip speed V_(max), while the total slip remains constant. This slip is close to D_c(1−a/b)^(−1), where D_c is the characteristic slip scale for state evolution and a and b are the parameters that determine the sensitivity of the frictional strength to changes in slip rate and state. The pulse has a “distance to instability” as well as a “time to instability,” with the remaining propagation distance being proportional to (1−a/b)^(−2) [ln(V_(max)Θ_(bg)/D_c)]^(−1), where Θ_(bg) is the background state into which the pulse propagates. This solution provides a reasonable estimate of the total slip for pulses growing into regions that depart modestly from steady state

    Tort Reform and Accidental Deaths

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    Theory suggests that tort reform could have either of two impacts on accidents. First, reforms could increase accidents as tortfeasors internalize less of the costs of externalities, and thus, have less incentive to reduce the risk of accidents. Second, tort reforms could decrease accidents as lower expected liability costs result in lower prices, enabling consumers to buy more risk-reducing products such as medicines, safety equipment, and medical services. We test which effect dominates by examining the effect of tort reforms on non-motor vehicle accidental death rates, using panel data techniques. We find that caps on noneconomic damages, caps on punitive damages, a higher evidence standard for punitive damages, product liability reform, and prejudgment interest reform lead to fewer accidental deaths, while reforms to the collateral source rule lead to increased deaths. Overall, the tort reforms in the states between 1981-2000 have led to an estimated 14,222 fewer accidental deaths.

    Henry G. Manne, Network Entrepreneur

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    Growing a Legal System in the Post-Communist Economies

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    Henry G. Manne, Network Entrepreneur

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    Intertemporal Permit Trading for the Control of Greenhouse Gas Emissions

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    This paper integrates two themes in the intertemporal permit literature through the construction of an intertemporal banking system for a pollutant that creates both stock and flow damages. A permit banking system for the special case of a pollutant that only causes stock damages is also developed

    When Little Things Mean a Lot: On the Inefficiency of Item Pricing Laws

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    Item pricing laws (IPLs) require a price tag on every item sold by a retailer. We study IPLs and assess their efficiency by quantifying their costs and comparing them to previously documented benefits. On the cost side, we posit that IPLs should lead to higher prices because they increase the cost of pricing as well as the cost of price adjustment. We test this prediction using data collected from large supermarket chains in the Tri-State area of New York, New Jersey and Connecticut, which offer a unique setting because these states vary in their use of IPLs, but otherwise offer geographical proximity with each other and similar markets, supermarket chains, and socioeconomic environments. We find that IPL store prices are higher by about 20¢–25¢ or 8.0%–9.6% per item on average, in comparison to non-IPL stores. As a control, we use data from stores that are exempt from IPL requirements (because they use electronic shelf labels), and find that their prices fall between IPL and non-IPL store prices. To assess the efficiency of IPLs, we compare these costs to existing measures of the benefits of IPLs which are based on measurements of the frequency and the magnitude of pricing errors the IPLs are supposed to prevent. We find that the costs of IPLs are an order of magnitude higher than the upper bound of these estimate benefits.Item Pricing Law; Cost of Item Pricing Law; Cost of Price Adjustment; Menu Cost; Retail Pricing;
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