University of Colorado Law School Legal Studies Research Paper Series最新文献

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Entrepreneurial Administration 创业管理
University of Colorado Law School Legal Studies Research Paper Series Pub Date : 2017-01-03 DOI: 10.2139/ssrn.2893139
P. Weiser
{"title":"Entrepreneurial Administration","authors":"P. Weiser","doi":"10.2139/ssrn.2893139","DOIUrl":"https://doi.org/10.2139/ssrn.2893139","url":null,"abstract":"A core failing of today’s administrative state and modern administrative law scholarship is the lack of imagination as to how agencies should operate. On the conventional telling, public agencies follow specific grants of regulatory authority, use the traditional tools of notice-and-comment rulemaking and adjudication, and are checked by judicial review. In reality, however, effective administration depends on entrepreneurial leadership that spearheads policy experimentation and trial-and-error problem-solving, including the development of regulatory programs that use non-traditional tools. Entrepreneurial administration takes place both at public agencies and private entities, each of which can address regulatory challenges and earn regulatory authority as a result. Consider, for example, that Energy Star, a successful program that has encouraged the manufacture and sale of energy efficient appliances, is developed and overseen by the Environmental Protection Agency (EPA). After the EPA established the program, Congress later codified it and, eventually, other countries followed suit. By contrast, the successful and complementary program encouraging the construction of energy efficient buildings, the well-respected LEED standard, is developed and overseen by a private organization. After it was developed, a number of governmental authorities endorsed it and have encouraged LEED-certified construction projects with both carrots and sticks. Significantly, while neither the Energy Star nor the LEED program were originally anticipated by any regulatory statute, both have had a tremendous impact. The Energy Star and LEED case studies exemplify the sort of innovative regulatory strategies that are taking root in the modern administrative state. Despite the importance of entrepreneurial administration in practice, scholars have failed to examine the role of entrepreneurial leadership in spurring policy innovation and earning regulatory authority for an agency (or private entity). In short, administrative law needs a richer and more textured account of agency action, why entrepreneurial leadership matters in government, and how agencies should operate. This Article explains that the conventional view of agency behavior — either following the specific direction of Congress or the President to use notice-and-comment rulemaking or adjudication processes — does not adequately portray how public agencies and private entities develop innovative regulatory strategies and earn regulatory authority as a result. In particular, this Article explains how governmental agencies like the EPA or private entities like the Green Building Council (which oversees the LEED standard) depend on entrepreneurial leadership to develop experimental regulatory strategies. It also explains how, in the wake of such experiments, legislative bodies have the opportunity to evaluate regulatory innovations in practice before deciding whether to embrace, revise, reject, or merely tolerate","PeriodicalId":120335,"journal":{"name":"University of Colorado Law School Legal Studies Research Paper Series","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133852639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Investment Accelerators 投资加速器
University of Colorado Law School Legal Studies Research Paper Series Pub Date : 2015-08-11 DOI: 10.2139/ssrn.2642436
B. Bernthal
{"title":"Investment Accelerators","authors":"B. Bernthal","doi":"10.2139/ssrn.2642436","DOIUrl":"https://doi.org/10.2139/ssrn.2642436","url":null,"abstract":"This Article documents and explains the legal and extralegal dimensions of Investment Accelerator systems. Accelerators are a new class of institution that supports entrepreneurs and early stage startups. Investment Accelerators take an ownership stake in companies that participate in an intensive, time limited program. Interviews reveal the surprising extent to which parties in many Investment Accelerators exchange economic value in the absence of formal agreement. Startups share proprietary information with highly accomplished mentors who, in turn, contribute their time and connections without direct compensation. This under contracted and informal arrangement raises concerns about opportunism. Data from an original investigation presents a description of Investment Accelerator organization and its effects. Research reveals three notable findings about how IAs organize resources in the service of innovation objectives. First, Investment Accelerators mingle formal and informal mechanisms to assemble a system of stakeholders that spans an entrepreneurial community. Second, informal mechanisms attract a wider pool of mentor participants, including desirable professionals who would not participate as full time hires or as contributors pursuant to a contract. Third, Investment Accelerators show that, under certain circumstances, informal network governance constrains opportunism, even where a network is rapidly assembled and new entrants are included.","PeriodicalId":120335,"journal":{"name":"University of Colorado Law School Legal Studies Research Paper Series","volume":"113 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122371702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 9
Are Clinics A Magic Bullet? 诊所是灵丹妙药吗?
Deborah J. Cantrell
{"title":"Are Clinics A Magic Bullet?","authors":"Deborah J. Cantrell","doi":"10.29173/ALR40","DOIUrl":"https://doi.org/10.29173/ALR40","url":null,"abstract":"In the current conversation about reforming legal education, one of the constant refrains is that law schools must graduate students who are “practice ready.” Commentators go on to argue that for law schools to produce “practice ready” students, they must expand how they offer experiential learning. One potential way to do that is to expand clinical legal education programs. I worry that law schools (and others) are envisioning clinical legal education as a magic bullet that will solve all of the ills and imbalances present in current legal education. In this article, I demonstrate the unhelpfulness of the phrase “practice ready,” and dismantle the idea that clinical legal education, or any other singularly-focused intervention, can transform legal education. Building from key insights already made in clinical legal pedagogy, I offer an alternative vision of legal education as an ecology of learning, in which law school as a whole is understood to be an interconnected and interdependent system that is dynamic, changing, and in action. I articulate how understanding law school as an ecology of learning can advance innovative changes — both small and large — leading to graduates who have better chances of flourishing in the legal profession.","PeriodicalId":120335,"journal":{"name":"University of Colorado Law School Legal Studies Research Paper Series","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127630710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Feminist War on Crime 女权主义对犯罪的战争
University of Colorado Law School Legal Studies Research Paper Series Pub Date : 2007-06-19 DOI: 10.2307/j.ctvxhrhq6
A. Gruber
{"title":"The Feminist War on Crime","authors":"A. Gruber","doi":"10.2307/j.ctvxhrhq6","DOIUrl":"https://doi.org/10.2307/j.ctvxhrhq6","url":null,"abstract":"One of the most celebrated successes of the feminist movement is its lasting impact on domestic violence criminal laws. Today, society has moved from discourse characterizing domestic abuse as legitimate or merely a private problem to a belief that battering is a heinous crime, more egregious than garden-variety assault. I know all too well how far the pendulum has swung, having practiced as a public defender in the District of Columbia domestic violence system. Day after day, prosecutors proceeded with cases against the wishes of victims, resulting in the mass incarceration of young black men. Could this have been the result feminist law reformers hoped for when they began their movement of resistance against patriarchy that legitimized domestic violence? This Article answers the foregoing question with a resounding no. It demonstrates that domestic violence reform has become far removed from its progressive roots and now supports rather than supplants patriarchal ideology. The Article traces the history of domestic violence reform and explains how it transformed from a grassroots populist movement to a politically powerful lobby deeply allied with law enforcement. One of the reasons for this transformation was the influence of the powerful victims' rights movement. This movement originated as a conservative counter to Warren Court civil liberties and employs essentialist discourse objectifying victims and characterizing defendants as purely autonomous agents to unmoor crime from its social roots. The Article argues that in recent times, victims' rights reformers and the government have appropriated the domestic violence issue, not to change the patriarchal institutions that support battering, but rather to further a pro-criminalization agenda. In addition, feminists, whose original program was to vindicate women's autonomy, have begun to adopt the essentialist discourse of objectifying battered women by characterizing abused women as helpless, scared, irrational, and sick. The Article suggests that feminists simply stop advocating criminal law reforms as the solution to the problem of domestic abuse and proposes some pedagogical methodologies for teaching domestic violence without characterizing abused women in an essentialist manner.","PeriodicalId":120335,"journal":{"name":"University of Colorado Law School Legal Studies Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130936147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 55
The Unexpected Value of Litigation 诉讼的意外价值
University of Colorado Law School Legal Studies Research Paper Series Pub Date : 2004-09-02 DOI: 10.2139/ssrn.585803
J. Grundfest, Peter H. Huang
{"title":"The Unexpected Value of Litigation","authors":"J. Grundfest, Peter H. Huang","doi":"10.2139/ssrn.585803","DOIUrl":"https://doi.org/10.2139/ssrn.585803","url":null,"abstract":"In this article suggest that litigation can be analyzed as though it is a competitive research and development project. Developing this analogy, we present a two stage real option model of the litigation process that involves sequential information revelation and bargaining over the surplus generated by early settlement. Litigants are risk neutral and have no private information. The model generates results that, we believe, have analytic and normative significance for the economic analysis of litigation. From an analytic perspective, we demonstrate that negative expected value (NEV) lawsuits are analogous to out of the money call options held by plaintiffs and that every NEV lawsuit is credible if the variance of the information revealed during the course of the litigation is sufficiently large. This finding helps explain the prevalence of a class of lawsuits that has proved puzzling to traditional, expected value-based modes of litigation analysis. The model also suggests that risk neutral defendants can act as though they are risk averse and that risk neutral plaintiffs can act as though they are risk seeking because increases in variance can increase a lawsuit's settlement option value just as it increases a call option's value without regard to the holder's degree of risk aversion. Models that presume defendants' relative risk aversion may therefore rely on an unnecessary assumption. Our model also suggests that a lawsuit's option settlement value is not a monotonically increasing function of the variance of the information revealed during the litigation. In particular, at low levels of variance a lawsuit's option settlement value may equal its traditional expected value, but as variance increases its option settlement value can display a discontinuity after which its option settlement value becomes a monotonically increasing function of variance. NEV lawsuits can also display dead zones - regions of variance over which the claim is not credible even though it is credible over higher or lower levels of variance. Comparative statics analysis also quantifies the extent to which a lawsuit's settlement value increases as plaintiff's litigation expenses occur later in the litigation process, as the ratio of defendant to plaintiff litigation expense increases, and as plaintiff bargaining power increases. From a normative perspective, we offer an impossibility conjecture suggesting that the mere presence of an irreducible degree of uncertainty endemic to the litigation process can be sufficient to prevent private litigation incentives from equating to socially optimal incentives, even if one adopts all other assumptions necessary to equate private and social incentives. It follows that it may be impossible to articulate normative principles of law through substantive standards that ignore the uncertainty inherent in the litigation process and the procedural environment in which the litigation occurs.","PeriodicalId":120335,"journal":{"name":"University of Colorado Law School Legal Studies Research Paper Series","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117199326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 26
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