Michigan State University College of Law Legal Studies Research Paper Series最新文献

Ruralism

Michigan State University College of Law Legal Studies Research Paper Series Pub Date : 2020-11-25 DOI: 10.2139/ssrn.443120

D. Bassett

引用次数: 12

Postmodern Disaster Theory 后现代灾难理论

Michigan State University College of Law Legal Studies Research Paper Series Pub Date : 2012-09-05 DOI: 10.2139/SSRN.2141591

J. Chen

{"title":"Postmodern Disaster Theory","authors":"J. Chen","doi":"10.2139/SSRN.2141591","DOIUrl":"https://doi.org/10.2139/SSRN.2141591","url":null,"abstract":"Legal preparedness for disaster consists of implementing the optimal portfolio of rules for managing catastrophic risks. This article extends the simpler model of modern disaster theory, http://ssrn.com/abstract=1910669, into a more ambitious model of postmodern disaster theory. A complete account of disaster law and policy based on an extended analogy to quantitative finance must address all aspects of that discipline, from the beautiful symmetries of modern portfolio theory to the disturbing behavioral insights and the vastly expanded mathematical arsenal of the postmodern critique.Postmodern disaster theory represents a comprehensive account of catastrophic risk management. It organizes its postmodern agenda for legal management of risk and uncertainty according to higher statistical moments. Skewness has inspired alternative ways to measure risk-adjusted performance. To illustrate how the problem of fat tails and excess kurtosis confounds the measurement and management of risk, this article conducts parametric value-at-risk (VaR) analysis with the logistic distribution, a leptokurtic analog of the Gaussian distribution. Incomplete statistical models of risk dangerously blind the law to certain sources of financial or environmental peril.Risk management through quantitatively informed legal tools is the unifying principle that harmonizes disaster policy in all domains, from the regulation of systemically important financial institutions to the prevention and mitigation of natural disasters. Postmodern disaster theory exploits the full range of sophisticated methods analogous to those used in quantitative finance. Comprehensive quantitative understanding promises to place disaster law on the efficient frontier of legal preparedness.","PeriodicalId":197070,"journal":{"name":"Michigan State University College of Law Legal Studies Research Paper Series","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128293417","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: 2

The Jurisprudential Niche of Law and Economics 法学与经济学的法学生态位

Michigan State University College of Law Legal Studies Research Paper Series Pub Date : 2006-03-23 DOI: 10.2307/j.ctv131bw26.4

Nicholas J. Mercuro, Steven G. Medema

{"title":"The Jurisprudential Niche of Law and Economics","authors":"Nicholas J. Mercuro, Steven G. Medema","doi":"10.2307/j.ctv131bw26.4","DOIUrl":"https://doi.org/10.2307/j.ctv131bw26.4","url":null,"abstract":"This is the first chapter of the revised edition of our book, Economics and the Law: From Posner to Postmodernism and Beyond (Princeton University Press, forthcoming August 2006). In this chapter we introduce the reader to the field of Law and Economics by defining the field broadly and documenting its continued growth. We briefly examine the path that has brought law and legal theory to its present situation. This is followed by a brief characterization of the relevant concepts of economic efficiency variously employed by legal-economic scholars.* We then present a description of the stages of choice and the underlying logic of Law and Economics, followed by a section that highlights some of the fundamental differences in methodology and modes of reasoning between economics and the law. The book's other chapters are as follows: Chapter 2 - Chicago Law and Economics, Chapter 3 - Public Choice Theory, Chapter 4 - Institutional Law and Economics, Chapter 5 - The New Institutional Economics, Chapter 6 - Branching Out: The New Haven School of Law and Economics, Modern Civic Republicanism, & Austrian Law and Economics, Chapter 7 - Social Norms and Law and Economics. * The two appendices to this chapter provide a detailed analysis of the primary concepts of economic efficiency. Due to the size of Appendix 2, we have only included Appendix 1 in this document.","PeriodicalId":197070,"journal":{"name":"Michigan State University College of Law Legal Studies Research Paper Series","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116516759","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

Educational Policy and the Law 教育政策与法律

Michigan State University College of Law Legal Studies Research Paper Series Pub Date : 1991-09-16 DOI: 10.2139/ssrn.1874751

M. Yudof, B. Levin, R. Moran, J. Ryan, Kristine Bowman

{"title":"Educational Policy and the Law","authors":"M. Yudof, B. Levin, R. Moran, J. Ryan, Kristine Bowman","doi":"10.2139/ssrn.1874751","DOIUrl":"https://doi.org/10.2139/ssrn.1874751","url":null,"abstract":"This comprehensive casebook presents thorough coverage of a complex and dynamic subject - educational law and policy in the elementary and secondary school setting. With an emphasis on the interplay between law and policy, legal decisions, and educational practice, the book's interdisciplinary approach provides a wide range of perspectives on the most pressing issues in the field. Cases, legislation, and articles, all of which are accompanied by notes and discussion questions, clarify the issues and bring them to life. The book draws upon a range of social science sources as well as conventional legal materials to describe and analyze how policy problems become legal matters. The authors also help students make sense of legal decisions by canvassing alternative solutions and specifying the effects of legally mandated change. The book can be covered in its entirety in a one-semester course, meeting three hours each week; particular chapters or sets of chapters have sufficient depth and detail for more focused courses. The 5th edition maintains the structure and approach of previous editions while also integrating important content updates. The document posted here includes the transition guide describing the most significant changes between the 4th edition and the 5th, a detailed table of contents, the preface, and the table of cases. For a complimentary review copy of the text, please call 800-423-0563 or e-mail higheredcs@cengage.com.","PeriodicalId":197070,"journal":{"name":"Michigan State University College of Law Legal Studies Research Paper Series","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1991-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129470882","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: 65