Die Erschöpfung ist eine Schranke des Patentschutzes. Herkömmlich ist sie sachlich, räumlich und zeitlich begrenzt. Im Zuge des europäischen Patentpakets hat der Erschöpfungsgrundsatz eine weitere Grenze erhalten: Trotz ihres tatbestandlichen Vorliegens kann die Erschöpfung nunmehr...

We investigate whether economic conditions at labor market entry predict long-term differences in law graduate earnings. We find that unemployment levels at graduation continue to predict law earnings premiums within 4 years after graduation for earners at the high end and middle of the...

A philosophical account that appears to be gaining momentum of late among legal philosophers is that law is an artifact. Artifacts are generally understood by philosophers to be intentionally created functional objects, and the intended function determines what kind of artifact it is. Artifact...

U.S. News ranks law school specialty programs solely on reputation. A faculty member teaching in a specialty area at each school is asked to assess their area at other ABA accredited schools. In 2021, U.S. News added four more specialty programs: business/corporate law; constitutional law;...

Fundamentally, law is to society as gravity is to the solar system, it is the invisible force that holds it together and keeps it operating smoothly and productively. Law enhances social cooperation, facilitates trade, and extends the market. In these ways, law functions like Adams Smith’s...

An Introduction to German Law and Legal Culture offers students, comparative law scholars, and practitioners an insightful and innovative survey of the German legal system. While recognizing the significant influence of the Civil Law tradition in the German legal culture, the book also considers...

Die Erschöpfung ist eine Schranke des Patentschutzes. Herkömmlich ist sie im deutschen Patentrecht sachlich, räumlich und zeitlich begrenzt. Im Zuge des europäischen Patentpakets wurde nunmehr eine neue, vierte Grenze geschaffen: Trotz tatbestandlichen Vorliegens kann die Erschöpfung...

It is rare these days for legal commentators to question the legitimacy of judges engaging in judicial review based on equality grounds. In contrast, judicial review on substantive due process grounds remains highly controversial. One of the principal reasons for this disparity in legitimacy is...

The law and economics movement has transformed the analysis of private law in the United States and increasingly around the world. As the field developed from 1970 to the early 2000s, scholars have developed countless insights about the operation and effects of law and legal institutions....

This paper defends (a moderate form of) formalism as opposed to empiricism and theory. It defends the value of doctrinal scholarship, understood as arguments structured by the language and logic of the law. The paper further argues that, as a legal scholar, if you want your work to be societally...

Klappentext: Die Ökologie warnt vor der Erderwärmung, die Soziologie vor sozialer Ungleichheit: beides bedroht das Überleben der kommenden Generationen. Alexander von Pechmann behandelt aus rechtsphilosophischer Perspektive die Frage, welche künftigen Formen des Eigentums diesen globalen...

The broad nature of the arm’s length principle embedded in article 9 of tax treaties gives rise to various interpretative issues. Even though the transfer pricing rules are drafted to reach an approximate arm’s length result, the open-ended nature of these rules make it difficult to assess...

Die Festschrift würdigt den ausserordentlichen Beitrag von Klaus Mathis an der Schnittstelle von Recht und Ökonomie und bildet ein kohärentes Nachschlagewerk für die rechtsökonomische Analyse. Nach grundlegenden Gedanken zu Effizienz, Gerechtigkeit und Interdisziplinarität folgen Beiträge...

"This book presents an original theory of the just price, and it is a welcome addition to scholarship on a radically underdeveloped field. This work reassesses the age-old idea that there is a just price of things, one that goes beyond the Scholastic tradition of the just price and its exclusive...

The abortion involves the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy. Protecting access to abortion effectuates vital constitutional values, including dignity, autonomy, equality, and bodily integrity. This is something...

In 2017, we published A Revealed-Preferences Ranking of Law Schools, which presented the first (intentionally) objective ranking of law schools. Other law school rankings are subjective because their purpose is to tell prospective law students where to matriculate. Our “revealed-preferences”...

Academic departments decide on tenure standards with limited evidence about their accuracy and efficacy. We study the implications of stricter tenure standards in law schools, an environment in which 95 percent of all tenure track hires receive tenure. To do so, we construct a novel dataset of...

Benami Transactions are dealings in which consideration for the property is provided by one person and the said property is held in the name of another person i.e. Benamidar. However, there is no intention on part of the real owner (the person who provided the consideration) to transfer any kind...

To serve as an effective basis for positive or normative analysis of law, theoretical law and economics analysis must be predicated on models that accurately capture the essential characteristics of the decision-making environment, decision-makers’ available choices, and individuals’...

This Article suggests the necessity of a co-evolutionary process among empirical and theoretical advances in law and economics. Empirical work alone is suggestive, but should not be taken too seriously. The weaknesses in empirical work are a kind of virus that begins with over-statements and...

The general decline in juris doctor (“J.D.”) law school applicants and enrollment over the last decade has coincided with the rise of a new breed of law degree. Whether known as a master of jurisprudence, juris master, master of legal studies, or other names, these graduate degrees all have...

Policies designed to increase the diversity of law review editors are being challenged in court. The lawsuits claim that, by "illegally us[ing] race and gender as criteria for selecting law students to staff their most elite academic journals," the law reviews have diminished the quality of the...

First, while intellectual histories of law and development theory are now common, no work that I am aware of employs the actual experience of Northeast Asia to interrogate these theories, yet it is in Northeast Asia where modern history's most outstanding development success stories can be...

"Law is to society as gravity is to the solar system, it is the invisible force that holds it together and keeps it operating smoothly and productively. Law enhances social cooperation, facilitates trade, and extends the market. In these ways, law functions like Adams Smith's invisible hand,...

The health emergency derived from the pandemic caused a domino effect in all aspects of human life, which has required extraordinary measures, especially at the level of laws, essential tools for the preservation of life, health and means of livelihood. According to the Scopus database, in the...

Tort law in the US has failed to provide adequate protection against gender-related harms that disproportionately affect women. Because of the imposition of doctrinal and other restrictions on recovery, there is no reliable means of tort compensation for victims of domestic violence, rape and...

The current structure of law reviews is deeply problematic. It does not serve students, law faculty, or legal scholarship very well. There is much to learn from the early development and changes in law reviews over the years to inform law schools as they reevaluate the role of their journals in...

In 2017, we published A Revealed-Preferences Ranking of Law Schools, which presented the first (intentionally) subjective ranking of law schools based on the revealed preferences of matriculating students. We created a subjective ranking system as an alternative to other law school rankings,...

Der Beitrag gibt einen Überblick über den Stand der Wirkungsforschung zum Recht. Ausgehend von der Bedeutung von Wirkungsanalysen für die politischadministrative Praxis erläutert er die Verfahren der prospektiven Gesetzesfolgenabschätzung und der ex-post Evaluation von Gesetzen....

Before 1804, France was strictly divided in terms of legal regimes: a part was under Roman civil law while the majority of the territory was under customary laws which, as with common law, gave more flexibility to judges and fewer rights to the state. This dichotomy offers the unique opportunity...

This paper considers the potential and limits of quantitative approaches to labour law research. It explores the methods used to construct and validate indicators of labour regulation (‘leximetrics') and those used in the econometric analysis of the effects of labour law rules on employment,...