Journal of Legal Analysis最新文献

筛选
英文 中文
Data Pollution 数据污染
IF 2.2 1区 社会学
Journal of Legal Analysis Pub Date : 2019-01-01 DOI: 10.2139/ssrn.3191231
O. Ben‐Shahar
{"title":"Data Pollution","authors":"O. Ben‐Shahar","doi":"10.2139/ssrn.3191231","DOIUrl":"https://doi.org/10.2139/ssrn.3191231","url":null,"abstract":"\u0000 Digital information is the fuel of the new economy. But like the old economy’s carbon fuel, it also pollutes. Harmful “data emissions” are leaked into the digital ecosystem, disrupting social institutions and public interests. This article develops a novel framework—data pollution—to rethink the harms the data economy creates and the way they have to be regulated. It argues that social intervention should focus on the external harms from collection and misuse of personal data. The article challenges the hegemony of the prevailing view—that the injuries from digital data enterprise are exclusively private. That view has led lawmakers to focus solely on privacy protection as the regulatory objective. The article claims, instead, that a central problem in the digital economy has been largely ignored: how the information given by people affects others, and how it undermines and degrades public goods and interests. The data pollution concept offers a novel perspective why existing regulatory tools—torts, contracts, and disclosure law—are ineffective, mirroring their historical futility in curbing the harms from industrial pollution. The data pollution framework also opens up a rich roadmap for new regulatory devices—“an environmental law for data protection”—which focuses on controlling these external effects. The article examines how the tools used to control industrial pollution—production restrictions, carbon tax, and emissions liability—could be adapted to govern data pollution.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"5 1","pages":""},"PeriodicalIF":2.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81793203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 25
The Proportional Internalization Principle in Private Law 私法中的比例内部化原则
IF 2.2 1区 社会学
Journal of Legal Analysis Pub Date : 2019-01-01 DOI: 10.1093/jla/laz006
Omer Pelled
{"title":"The Proportional Internalization Principle in Private Law","authors":"Omer Pelled","doi":"10.1093/jla/laz006","DOIUrl":"https://doi.org/10.1093/jla/laz006","url":null,"abstract":"According to common conception, laws should make actors internalize all the costs and benefits of their actions to make them behave efficiently. This article shows that even when only partial internalization is possible, private law can create efficient incentives by ensuring that each actor internalizes an identical proportion of the costs and benefits.This proportional internalization principle has profound implications. In tort law, it offers a new mechanism for dividing liability between multiple parties. In contract law, it suggests a new default rule for joint ventures. And, in restitution law, it presents an alternative doctrinal formulation for restitution for unrequested benefit.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"20 1","pages":""},"PeriodicalIF":2.2,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89679140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Recoupment and Predatory Pricing Analysis 补偿和掠夺性定价分析
IF 2.2 1区 社会学
Journal of Legal Analysis Pub Date : 2018-12-31 DOI: 10.1093/JLA/LAY003
L. Kaplow
{"title":"Recoupment and Predatory Pricing Analysis","authors":"L. Kaplow","doi":"10.1093/JLA/LAY003","DOIUrl":"https://doi.org/10.1093/JLA/LAY003","url":null,"abstract":"Recoupment inquiries play an increasingly important role in antitrust analysis, yet they raise a number of conundrums: How can a failure of recoupment due to the plausible long-run profit recovery being dwarfed by short-run losses be reconciled with a defense of no predation that presupposes no short-run sacrifice to begin with? How can recoupment inquiries be diagnostic with respect to competing explanations for defendants’ behavior—such as product promotion or “legal” predation—that likewise require recoupment? This article addresses these questions and others by grounding recoupment and predatory pricing analysis more broadly in a decision framework that focuses on classification (distinguishing illegal predation from other explanations for firms’ pricing) and on the magnitudes of the deterrence benefits and chilling costs of imposing liability. Regarding the latter, although concerns for the chilling of procompetitive activity sensibly drive predatory pricing analysis, the great variation in chilling costs across competing explanations for alleged predation is unrecognized. Much of the analysis here is not particular to recoupment; the investigation aims to inform future research, policy, and practice regarding many aspects of predatory pricing as well as other forms of anticompetitive conduct. Forthcoming, Journal of Legal Analysis (2018)","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"64 1","pages":"46-112"},"PeriodicalIF":2.2,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84469988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Discrimination in the Age of Algorithms 算法时代的歧视
IF 2.2 1区 社会学
Journal of Legal Analysis Pub Date : 2018-01-01 DOI: 10.1093/jla/laz001
Jon Kleinberg,Jens Ludwig,Sendhil Mullainathan,Cass R Sunstein
{"title":"Discrimination in the Age of Algorithms","authors":"Jon Kleinberg,Jens Ludwig,Sendhil Mullainathan,Cass R Sunstein","doi":"10.1093/jla/laz001","DOIUrl":"https://doi.org/10.1093/jla/laz001","url":null,"abstract":"Abstract The law forbids discrimination. But the ambiguity of human decision-making often makes it hard for the legal system to know whether anyone has discriminated. To understand how algorithms affect discrimination, we must understand how they affect the detection of discrimination. With the appropriate requirements in place, algorithms create the potential for new forms of transparency and hence opportunities to detect discrimination that are otherwise unavailable. The specificity of algorithms also makes transparent tradeoffs among competing values. This implies algorithms are not only a threat to be regulated; with the right safeguards, they can be a potential positive force for equity.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"199 1","pages":"113-174"},"PeriodicalIF":2.2,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138520804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Unsettled: A Global Study of Settlements in Occupied Territories 未解决:被占领领土上定居点的全球研究
IF 2.2 1区 社会学
Journal of Legal Analysis Pub Date : 2017-12-01 DOI: 10.2139/SSRN.2835908
E. Kontorovich
{"title":"Unsettled: A Global Study of Settlements in Occupied Territories","authors":"E. Kontorovich","doi":"10.2139/SSRN.2835908","DOIUrl":"https://doi.org/10.2139/SSRN.2835908","url":null,"abstract":"This Article provides the first comprehensive, global examination of state and international practice bearing on Article 49(6) of the Fourth Geneva Convention, which provides that an “Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” This provision is a staple of legal and diplomatic international discussions of the Arab-Israeli conflict, and serves as the basis for criticism of Israeli settlement policy. Despite its frequent invocation in the Israeli context, scholars have never examined – or even considered – how the norm has been interpreted and applied in any other occupation context in the post-WWII era. For example, the International Committee of the Red Cross’s (ICRC) influential Study on Customary International Humanitarian Law lists 107 instances of national practice and UN practice applying or interpreting the prohibition, and all but two relate to Israel. Many questions exist about the scope and application of Art. 49(6)’s prohibition on “transfer,” but they have generally been answered on purely theoretically. To better understand what Art. 49(6) does in fact demand, this Article closely examines its application in all other cases in which it could apply. Many of the settlement enterprises studied in this Article have never been discussed or documented. All of these situations involved the movement of settlers into the occupied territory, in numbers ranging from thousands to hundreds of thousands. Indeed, perhaps every prolonged occupation of contiguous habitable territory has resulted in significant settlement activity.Clear patterns emerge from this systematic study of state practice. Strikingly, the state practice paints a picture that is significantly inconsistent with the prior conventional wisdom concerning Art. 49(6). First, the migration of people into occupied territory is a near-ubiquitous feature of extended belligerent occupations. Second, no occupying power has ever taken any measures to discourage or prevent such settlement activity, nor has any occupying power ever expressed opinio juris suggesting that it is bound to do so. Third, and perhaps most strikingly, in none of these situations have the international community or international organizations described the migration of persons into the occupied territory as a violation of Art. 49(6). Even in the rare cases in which such policies have met with international criticism, it has not been in legal terms. This suggests that the level of direct state involvement in “transfer” required to constitute an Art. 49(6) violation may be significantly greater than previously thought. Finally, neither international political bodies nor the new governments of previously occupied territories have ever embraced the removal of illegally transferred civilian settlers as an appropriate remedy.The deeper understanding – based on a systematic survey of all available state practice – of the prohibition on settlements should ","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"103 1","pages":"285-350"},"PeriodicalIF":2.2,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77757554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 6
The New Essentialism in Property 财产的新本质主义
IF 2.2 1区 社会学
Journal of Legal Analysis Pub Date : 2017-12-01 DOI: 10.1093/JLA/LAY002
K. Wyman
{"title":"The New Essentialism in Property","authors":"K. Wyman","doi":"10.1093/JLA/LAY002","DOIUrl":"https://doi.org/10.1093/JLA/LAY002","url":null,"abstract":"Is property a flexible bundle of rights or a stable legal category? Since the late 1990s, prominent scholars have rejected the conventional wisdom that the bundle metaphor defines property. These “new essentialists” have sought to reclaim property as a distinct legal category with a definable core. Their academic project is now highly salient because the American Law Institute is engaged in a project of restating property law, directed by a leading new essentialist. This article takes stock of the new essentialists’ efforts to offer a new understanding of property. It distills the core elements of the new essentialist definition of property. Most importantly, it argues that this definition is highly malleable and not as distinct from the bundle picture as the new essentialists and their critics suppose.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"1 1","pages":"183-246"},"PeriodicalIF":2.2,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73990441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
On the Unexpected Use of Unenforceable Contract Terms: Evidence from the Residential Rental Market 论不可执行合同条款的意外使用:来自住宅租赁市场的证据
IF 2.2 1区 社会学
Journal of Legal Analysis Pub Date : 2017-06-01 DOI: 10.1093/JLA/LAX002
Meirav Furth-Matzkin
{"title":"On the Unexpected Use of Unenforceable Contract Terms: Evidence from the Residential Rental Market","authors":"Meirav Furth-Matzkin","doi":"10.1093/JLA/LAX002","DOIUrl":"https://doi.org/10.1093/JLA/LAX002","url":null,"abstract":"Thisarticleexplorestheprevalenceofunenforceableandmisleadingtermsinresidential rental contracts. For this purpose, the study analyzes a sample of seventy residential leasesfromtheGreaterBostonAreaintermsofMassachusettsLandlordandTenantLaw. The article’s findings reveal that landlords often use deceptive—as well as clearly in-valid—provisions in their contracts, and regularly fail to disclose the vast majority of the mandatory rights and remedies that the law bestows upon tenants in their leases. Building on psychological insights and on survey evidence, the article suggests that this drafting pattern may significantly affect tenants’ decisions and behavior. In particu-lar,whenaproblemoradisputewiththelandlordarises,tenantsarelikelytoperceivethe terms in their lease agreements as enforceable and binding, and consequently forgo validlegalrightsandclaims.Therefore,thearticleexpectsthatsuchclauseswillpersistas long as monitoring and enforcement mechanisms do not sufficiently deter landlords from using such terms in their contracts. In light of this evidence, the article discusses preliminary policy prescriptions.","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"23 1","pages":"1-49"},"PeriodicalIF":2.2,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80973289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 14
An Autopsy of Cooperation: Diamond Dealers and the Limits of Trust-Based Exchange 合作的解剖:钻石经销商和基于信任的交易的局限性
IF 2.2 1区 社会学
Journal of Legal Analysis Pub Date : 2017-01-01 DOI: 10.1093/jla/lax003
Barak D Richman
{"title":"An Autopsy of Cooperation: Diamond Dealers and the Limits of Trust-Based Exchange","authors":"Barak D Richman","doi":"10.1093/jla/lax003","DOIUrl":"https://doi.org/10.1093/jla/lax003","url":null,"abstract":"","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"1 1","pages":"247-283"},"PeriodicalIF":2.2,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138520851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Property Is Only Another Name for Monopoly 房地产只是垄断的另一个名字
IF 2.2 1区 社会学
Journal of Legal Analysis Pub Date : 2017-01-01 DOI: 10.1093/jla/lax001
Eric A. Posner,E. Glen Weyl
{"title":"Property Is Only Another Name for Monopoly","authors":"Eric A. Posner,E. Glen Weyl","doi":"10.1093/jla/lax001","DOIUrl":"https://doi.org/10.1093/jla/lax001","url":null,"abstract":"","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"49 2","pages":"51-123"},"PeriodicalIF":2.2,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138520801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Unsettled: A Global Study Of Settlements In Occupied Territories 未解决:被占领领土上定居点的全球研究
IF 2.2 1区 社会学
Journal of Legal Analysis Pub Date : 2017-01-01 DOI: 10.1093/jla/lax004
Eugene Kontorovich
{"title":"Unsettled: A Global Study Of Settlements In Occupied Territories","authors":"Eugene Kontorovich","doi":"10.1093/jla/lax004","DOIUrl":"https://doi.org/10.1093/jla/lax004","url":null,"abstract":"","PeriodicalId":45189,"journal":{"name":"Journal of Legal Analysis","volume":"22 5","pages":"285-350"},"PeriodicalIF":2.2,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138520803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信