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Richard Posner: Interpreting the Law
 
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http://bigthink.com Judge Posner talks about the uncertainty of American law and why this means that Judges can't always makes cost-benefit analysis. He goes on to talk about his ideological development and reacting negatively to the Vietnam protests. Question: Does personal experience shape your approach to the law?   Richard Posner: Well I think very substantially. This is the fun of it actually. American law is extremely uncertain. And now the majority, even, given that the majority of cases are cut and dried if you look across the whole American system with their millions of cases filed every year. And most of them have no merit, or some have obvious merit. But when you're talking about a federal appeals court, a significant fraction of the cases that come to us arise in unsettled areas, or the facts are very uncertain. When you get to the Supreme Court, the percentage of really indeterminate cases are really much higher. But at our level it's high. It is significant. There are two kinds of uncertainties. Statisticians make a distinction between risk and uncertainty. Risk is where there's uncertainty, there's a lack of certainty, but some probability can be assigned to the risk. So you can deal with it. Uncertainty in the way some statisticians use the term means there's no probability that can be assigned to this risk, but you still have to deal with it. So an example would be suppose you're deciding whether to get married. You can actually assign a risk of divorce. You can look at the statistics on divorce and say, you know, 50 percent of marriages end in divorce. But you don't know the probability of your marriage ending in divorce, right? So that's uncertain. You still have to make a choice, but you couldn't assign a probability. You couldn't do a cost-benefit analysis. Well that's the position we're in much of the time, and those are the interesting cases. And if you think of the marriage choice, what is going to determine your decision is going to be highly personal to you. And that's true with the judges. So your ideology, your temperament, your response, your experience. You may have been a defense lawyer -- a criminal defense lawyer. That's giving you some perspective. If you've been a prosecutor, that's giving you another perspective. Academic, something else. If you have what's called an "authoritarian" personality, you're going to be conservative, and you're probably going to be very rule oriented. You're going to set a very high value of "definiteness". And if you're the opposite personality, not. And as I mentioned Justice Breyer, he doesn't like rules. He likes very general standards. And some of his colleagues are the opposite, like Justice Scalia. He really likes rules. He doesn't like standards. And that, I think, is the temperamental difference. Temperament being shaped by biological factors, but also by upbringing, experience, the times in which you grew up. One of the things I know shaped my own ideological development is I reacted very negatively to the riots and protests in the Vietnam period. I really dislike that stuff. And I think that had an effect. Now of course other people reacted the opposite. They thought this was terrific. You know they're nostalgic for it. So the same experiences can have different effects on people depending on I think, you know, deep psychological factors which are _________ biological. But as a I say, whenever you have people who are making decisions that are not . . . cannot be made in a kind of an algorithmic way in applying a formula. And to an economist, the epitome of algorithmic decision making is cost benefit analysis. And it would be nice if in a case we could say that we decide one way, there's some probability of the following measurable adverse consequences in future cases as a result of adopting this rule. But you rarely can do it. In a larger number of cases, you can't do a statistical analysis, but you know that the adverse consequences of one choice greatly outweigh that of the other. But then as I say, there's a large number of cases where you simply do not know. And so your personal characteristics then shape your decision.   Recorded on: Nov 21, 2007
Views: 18927 Big Think
David Friedman - Application of Economic Analysis to the Law
 
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David D. Friedman talks about his book, Law's Order: What Economics Has to Do with Law and Why It Matters, published by Princeton University Press. The book explains basic rules of economics and explains how and understanding of those rules can lead to a better understanding of legal issues. It also applies economics to core areas of the law, such as intellectual property and contracts.
Views: 7061 ibnatfatil
Economic Analysis of Law
 
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Subject:Law Paper: Advanced jurisprudence
Views: 1353 Vidya-mitra
The Forum: The Method Behind the Madness (1): Explaining Law and Economics
 
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Milbank Tweed Forum: The Method Behind the Madness (1): Explaining Law and Economics You’ve likely heard of “law and economics,” a major methodological approach to the study of law. You may even have encountered it in the classroom, whether you know it or not. But do you have a good grasp of this perspective on the law, or on the critiques leveled against it? At the weekly Milbank Tweed Forum, Max E. Greenberg Professor of Contract Law Clayton Gillette outlined basic principles of law and economics theory, offered some examples of its application, discussed its assumptions and limitations, and explained why it’s controversial in some circles. This event took place on October 22, 2014.
Views: 6725 NYU School of Law
Law and economics
 
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Law and economics or economic analysis of law is the application of economic theory to the analysis of law. Economic concepts are used to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal rules will be promulgated. This video is targeted to blind users. Attribution: Article text available under CC-BY-SA Creative Commons image source in video
Views: 3398 Audiopedia
LAW AND ECONOMICS (rev.)
 
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Notes for Economics www.saseassociates.com 0:18 Intro 0:40 Jurist Oliver Wendell Holmes, Jr. 0:58 Jurist Richard Posner 1:14 Economist Ronald Coase 1:42 Economist Gary Becker 2:05 Applications of Economics to Law 2:36 Summary Today, we look at the connection between law and economics • We will consider what a couple of eminent jurors have said about Law and Economics • Then, we'll discuss the work of eminent economists who pioneered the application of economics to law. • Finally, we'll review the many ways that economics is used in courts of law. LAW and ECONOMICS Pt 2 In The Path of Law, Justice Oliver Wendell Holmes, Jr. commented: "For the rational study of the law...the man of the future is the man of statistics and the master of economics...." In his Essays in Law and Economics, Justice Richard Posner explained: "[T]he legal system contains many parallels to, and overlaps with, the systems that economists have studied successfully." LAW and ECONOMICS Pt 3 Many economists devote their time and energy applying economic analysis to legal issues. One of the pioneers is Dr. Ronald Coase who defined the nature of a business firm in terms of transaction cost. He explained that the more transactions that can be handled cost effectively within a business, the larger that firm will be. Nobel Prize recipient Gary Becker modeled human behavior as investments in human capital, distribution of work and leisure time in the family, rational behavior in crime and punishment, and discrimination in markets for labor and goods. Today, economic analysis is applied to many areas of law including Antitrust issues, industrial regulation, taxation policy, and financial loss damage determination. LAW and ECONOMICS Pt 4 Furthermore, the application of economics is extended to other areas of legal practice including property law, contracts, torts, criminal law, civil procedure, and constitutional law. In the economy of the United States, the two major applications of economic theory and analysis are in the intellectual foundation of deregulation, and as the force behind antitrust law in respect to corporations. LAW and ECONOMICS Summary. To sum up, we have seen that jurists and economist have understood the connection between law and economics for a long time and that economic analysis has become inseparable from the passage and enforcement of our national laws. Dr. Sase helps attorneys settle their cases. For cases that do not settle pre-trial, he provides expert opinion based on analysis and reports. John Sase, Ph.D. is an economic expert witness who determines economic damages and gives testimony. As an economist calculating economic damages by analyzing quantitative and qualitative data, he prepares detailed reports with an extensive narrative and sufficient detailed spreadsheets that he uses when he appears as an economic expert witness. Dr. Sase helps attorneys settle their cases. For cases that do not settle pre-trial, he provides expert opinion based economic damage analysis and reports Throughout his career, the majority of the cases on which Dr. Sase has worked have involved the determination of economic losses accruing to human beings over time. These damages are due to severe injury or loss of employment as well as to the losses that beset the families of victims who have suffered wrongful death or disablement. In order to perform this work, a forensic economist must remain objective while relying upon data, theories, and literature from the sub-field of Economics known as Human Capital, the stock of competences, knowledge, and personality attributes embodied in one's ability to perform any kind of labor that produces an economic value. Dr. Sase is a practicing forensic economist/accountant. This means that his work includes measuring and analyzing economic losses; preparing written determinations of these losses; consulting with attorneys and their clients; participating in discovery depositions initiated by opposing counsel; and providing testimony of my findings, conclusions, and opinions in courts of law. His preparatory background has been a joint Masters in Economics and an MBA with additional electives in Accounting, and a Doctorate in Economics with applied fields in Business, Industrial Organization, and Urban Economics. To date, Dr. Sase has served on more than 400 cases involving injury, wrongful death, employment law, small businesses/professional practices, and intellectual properties. Including small to moderate size class actions, he has helped more than 2,000 plaintiffs and defendants. Also, I recommend Tom Ireland's article on the Interface Between Law and Economics and Forensic Economics: http://heinonline.org/HOL/LandingPage?handle=hein.journals/jole7&div=8&id=&page=
Views: 4206 Video Economist
The Economics of Crime and the Law
 
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In a panel moderated by Steve Levitt, William M. Landes, Casey Mulligan and Sam Peltzman reflect on Gary Becker’s legacy of applying microeconomic principles toward better understanding of the motivations driving criminal behavior. If you experience technical difficulties with this video or would like to make an accessibility-related request, please send a message to [email protected]
Richard Posner
 
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https://www.patreon.com/FrogCast https://www.paypal.me/FrogCast Philosophy: American philosophers Philosophy: Jewish philosophers Philosophy: Philosophers of law Posner is the author of nearly 40 books on jurisprudence, economics, and several other topics, including ''Economic Analysis of Law'', ''The Economics of Justice'', ''The Problems of Jurisprudence'', ''Sex and Reason'', ''Law, Pragmatism and Democracy'', and ''The Crisis of Capitalist Democracy''. Posner has generally been identified as being politically conservative; however, in recent years he has distanced himself from the positions of the Republican party authoring more liberal rulings involving same-sex marriage and abortion. In ''A Failure of Capitalism'', he has written that the 2008 financial crisis has caused him to question the rational-choice, laissez faire economic model that lies at the heart of his Law and Economics theory. All text, either derivative works from Wikipedia Articles or original content shared here, is licensed under: Creative Commons Attribution-ShareAlike 3.0 Unported License A full list of the authors of the original content can be found in the following subdomain of wikipedia, here: https://en.wikipedia.org/wiki/Richard_Posner
Views: 35 FrogCast
Richard Allen Posner
 
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The Crisis of Capitalist Democracy Judge Richard A. Posner Richard Allen Posner is a judge on the U.S. Court of Appeals, Seventh Circuit; a senior lecturer at the University of Chicago Law School; and the author of nearly 40 books on an astonishing array of topics, including economics, jurisprudence, aging, terrorism, literature, plagiarism and sex. The Journal of Legal Studies calls him the most cited legal scholar of the last century. He now turns what The New York Times calls his "indefatigable intellect" to the ongoing economic crisis and the efforts of the "cumbersome, clotted, competence-challenged" American system of government to respond to it. A Democracy Forum Lecture. Thursday, September 6, 7:00 p.m.
Views: 19147 Elmhurst College
Law and Economics for Civil Law Systems
 
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BOOK REVIEW LAW AND ECONOMICS FOR CIVIL LAW SYSTEMS By Ejan Mackaay Edward Elgar Publishing Limited ISBN: 978 1 848 44 309 9 www.e-elgar.com COMPARING CIVIL AND COMMON LAW SYSTEMS FROM AN ECONOMIC STANDPOINT An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Lawyers dealing with matters in countries with civil law systems will doubtless be interested in this scholarly examination of law and economics within such systems as, for example, the Civil Code, with which the learned author is obviously the most familiar -- indeed expert -- in his capacity as Emeritus Professor of Law at the Universite de Montreal in Quebec. Unlike the rest of Canada, Quebec, for historical reasons, is a civil law jurisdiction. Mackaay's book offers an overview as well as analysis of the concepts pertaining to law and economics as applied to civil law systems and is illustrated throughout by cases and examples from legal systems in both North America and Europe. With Canada being a common law jurisdiction -- the province of Quebec being the exception -- Mackaay, as one commentator has observed, is 'able to bridge the gap between common and civil law traditions'. As the author states as well as implies, law and economics, in recent decades, have been recognized to be inextricably linked, 'giving rise each year to a significant number of conferences, papers and books and teaching programmes throughout the world.... and gaining acceptance as a significant tool for legal scholarship.' The book is therefore divided into two parts; the first --Foundations -- provides the economic tools required. The second part -- Legal Institutions -- examines the core institutions of civil law including property and real (estate) rights, intellectual property, civil liability and contractual obligations. Certainly the book contains the fruits of the author's impressively extensive research activities in this field. There are extensively footnotes with references and lengthy bibliographies at the end of each chapter. The detailed twenty-page index at the back aids navigation. Besides tables of abbreviations, cases and treaties, there is an extensive table of legislation relevant to the contents of the book, which includes Canada, France, Germany, Italy, the Netherlands, the UK and the United States, as well as the relevant European Union directives. Usefully for researchers and scholars, each chapter has a massive bibliography and there's a twenty-page index at the back. 'The economic analysis of law offers interesting insights to common lawyers as well as civil lawyers,' remarks the author in his concluding statements, adding that 'law and economics joins hands with comparative law.' So whether you are a lawyer or economist, this book which examines civil law and common law systems should ideally be added to your professional library.
Views: 325 Phillip Taylor
LAW & ECONOMICS
 
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(For new narrated version click: https://www.youtube.com/edit?o=U&video_id=7HcARM8HidA WHAT EVERY ATTORNEY SHOULD KNOW ABOUT ECONOMICS. "For the rational study of the law...the man of the future is the man of statistics and the master of economics...." --Oliver Wendell Holmes "[T]he legal system contains many parallels to, and overlaps with, the systems that economists have studied successfully." --Richard Posner Economics Applied: ANTITRUST LAW, REGULATED INDUSTRIES, TAX, DAMAGE DETERMINATION, PROPERTY, CONTRACTS, TORTS, CRIMINAL LAW, PROCEDURE, CONSTITUTIONAL LAW. FOUNDERS OF ECONOMIC ANALYSIS OF LAW Ronald Coase: "The Nature of the Firm" -- transaction costs explain the size of firms Gary Becker: Human capital, Crime and punishment, Market discrimination. ECONOMICS: INTELLECTUAL FOUNDATION OF DEREGULATION AND THE FORCE BEHIND ANTITRUST
Views: 2012 saseassociates
William H. J. Hubbard, “Newtonian Law and Economics, Quantum Law and Economics, and...”
 
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“Newtonian Law and Economics, Quantum Law and Economics, and the Search for a Theory of Relativity” At this law school, “law and economics” is a mantra. But what is the “economics” in “law and economics”? There is a tendency to see research on cognitive biases and bounded rationality (“behavioral economics”) as challenging or even overturning an approach using models of rational behavior (“neo-classical economics”). With the help of an analogy to physics, I argue that such a view disserves both the enterprise of neo-classical economics and the promise of behavioral economics, and I define present and future challenges for the economic analysis of law. William H. J. Hubbard is Assistant Professor of Law at the University of Chicago Law School. This talk, the 2015 Coase Lecture in Law and Economics, was recorded on April 14, 2015.
2011 Ronald H. Coase Lecture in Law and Economics: Economics and Judicial Behavior
 
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If you experience any technical difficulties with this video or would like to make an accessibility-related request, please send a message to [email protected] Since 1992, the University of Chicago Law School's annual Ronald H. Coase Lecture in Law and Economics has usually given by relatively younger member of the faculty. This year's Coase Lecture in Law and Economics was given by Professor Thomas Miles.
Legal Analysis of Economics  - Prof. Sérgio Mourão Corrêa Lima -- section 1
 
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Legal Analysis of Economics contrasts with Economic Analysis of Law in that the latter, a widely-known and well-founded theory, looks at justice through the eyes of efficiency and economic convenience. The former, unprecedented but no less necessary, looks at economics in search of what is admissible, fair, upright and balanced. www.sergiomouraocorrealima.com
Views: 156 Sergio Lima
Phoenix Center Teleforum - The FCC's Open Internet Order: A Law and Economic Analysis
 
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Phoenix Center Teleforum - The FCC's Open Internet Order: A Law and Economic Analysis (March 24, 2015) Presentation Slides: http://phoenix-center.org/OpenInternetTeleforumMarch2015Final.pdf Part 1: Welcome and Introduction - Phoenix Center President Larry Spiwak Part 2: An Economic Perspective - Phoenix Center Chief Economist Dr. George Ford Part 3: Legal Discussion - Sam Feder, Partner – Jenner & Block and former General Counsel - Federal Communications Commission; - Angela Giancarlo, Partner – Mayer Brown and former Chief of Staff – FCC Commissioner Rob McDowell; - Tom Navin, Partner – Wiley Rein and former Bureau Chief, FCC Common Carrier Bureau; and - Jeff Lanning, Vice President of Federal Regulatory Affairs, CenturyLink Part 4: Q&A and Conclusion #phxpolicy ©2015 Phoenix Center for Advanced Legal and Economic Public Policy Studies. All Rights Reserved. http://phoenix-center.org
Richard Posner - WikiLeaks and the First Amendment
 
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November 12, 2011 Chicago, IL Richard Posner has been a judge on the United States Court of Appeals for the Seventh Circuit since 1981, serving as chief judge of the court from 1993 to 2000. He is also a Senior Lecturer at the University of Chicago Law School. He clerked for Justice William J. Brennan, Jr., of the United States Supreme Court and was Assistant to Commissioner Philip Elman of the Federal Trade Commission and Assistant to the Solicitor General of the United States. He served as General Counsel of the President's Task Force on Communications Policy and was Associate Professor at Stanford Law School before coming to the University of Chicago Law School in 1969. He is the author of nearly 40 books on jurisprudence, economics, and other topics, including Economic Analysis of Law (8th edition, 2011); The Crisis of Capitalist Democracy (2010); Law and Literature (3rd edition, 2009); Law, Pragmatism and Democracy (2003); Sex and Reason (1992); The Problems of Jurisprudence (1990); and The Economics of Justice (1981). He was elected a Fellow of the American Academy of Arts and Sciences in 1982.
Economic Analysis: Improving Transparency, Accountability, and Expertise in the Regulatory Process
 
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Sharon Brown-Hruska, Vice President, National Economic Research Associates and Visiting Professor of Finance, Tulane University John Coates, Professor of Law and Economics, Harvard Law School Jerry Ellig, Senior Research Fellow, Mercatus Center Hester Peirce, Senior Research Fellow, Mercatus Center Moderator: Stephen Miller, Financial Markets Scholar, Mercatus Center
Views: 378 Mercatus Center
Economic Reasoning Applied to Sociology
 
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http://www.freetochoose.tv/program.php?id=becker_2&series=becker Dr. Gary Becker, Professor of Economics & Sociology, University of Chicago and Richard Posner, author 'Sex and Reason,' discuss the challenge confronting those who apply market analysis to social questions. ©1994 44 min.
Views: 814 Y-S Ko
Introduction to Jurisprudence - Part 4
 
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Economic analysis of law.
Views: 4559 Nick James
2003 Coase Lecture by Ronald Coase - Part 5/6
 
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http://kempton.wordpress.com/2009/12/05/my-special-gift-to-ronald-coase-for-his-99th-birthday/ Time Codes 0:00 Discussing the cave example. Coase's humour. 1:37 Concluding comments on Law and Economics (including mention of Richard Posner's Economic Analysis of Law). 4:15 Suggest research projects be undertaken in various areas. Video Copyright 2003 Ronald Coase and The University of Chicago Law School
Views: 1764 Kempton Lam
Richard Posner, Empirical Legal Studies Conference keynote
 
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Richard A. Posner, Senior Lecturer in Law and a judge on the Seventh Circuit Court of Appeals, devoted a lunchtime keynote to discussing how judges might receive and view empirical research. Richard A. Posner is a Senior Lecturer in Law at the University of Chicago Law School. Following his graduation from Harvard Law School, Judge Posner clerked for Justice William J. Brennan, Jr. From 1963 to 1965, he was assistant to Commissioner Philip Elman of the Federal Trade Commission. For the next two years, he was assistant to the solicitor general of the United States. Prior to going to Stanford Law School in 1968 as Associate Professor, Judge Posner served as general counsel of the President's Task Force on Communications Policy. He first came to the University of Chicago Law School in 1969, and was Lee and Brena Freeman Professor of Law prior to his appointment in 1981 as a judge of the U.S. Court of Appeals for the Seventh Circuit. He was the chief judge of the court from 1993 to 2000. This talk was recorded on October 23, 2014.
Robin Finer (Director of Economic Analysis at the UK Competition Commission)
 
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Learconference 2013 - The Ex-Post evaluation of the merger control decisions
Why Antitrust Laws Are Bad: Economics, Legality, Monopolies, Markets (2005)
 
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Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. Competition law is known as anti-trust law in the United States, and as anti-monopoly law in China[1] and Russia. In previous years it has been known as trade practices law in the United Kingdom and Australia. In the European Union, it is referred to as both antitrust[4] and competition law. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global.[7] The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a country level to promote and maintain fair competition in markets principally within the territorial boundaries of nation-states. National competition law usually does not cover activity beyond territorial borders unless it has significant effects at nation-state level.[2] Countries may allow for extraterritorial jurisdiction in competition cases based on so-called effects doctrine.[2][8] The protection of international competition is governed by international competition agreements. In 1945, during the negotiations preceding the adoption of the General Agreement on Tariffs and Trade (GATT) in 1947, limited international competition obligations were proposed within the Charter for an International Trade Organisation. These obligations were not included in GATT, but in 1994, with the conclusion of the Uruguay Round of GATT Multilateral Negotiations, the World Trade Organization (WTO) was created. The Agreement Establishing the WTO included a range of limited provisions on various cross-border competition issues on a sector specific basis. A group of economists and lawyers, who are largely associated with the University of Chicago, advocate an approach to competition law guided by the proposition that some actions that were originally considered to be anticompetitive could actually promote competition.[62] The U.S. Supreme Court has used the Chicago School approach in several recent cases.[63] One view of the Chicago School approach to antitrust is found in United States Circuit Court of Appeals Judge Richard Posner's books Antitrust Law[64] and Economic Analysis of Law.[65] Robert Bork was highly critical of court decisions on United States antitrust law in a series of law review articles and his book The Antitrust Paradox.[66] Bork argued that both the original intention of antitrust laws and economic efficiency was the pursuit only of consumer welfare, the protection of competition rather than competitors.[67] Furthermore, only a few acts should be prohibited, namely cartels that fix prices and divide markets, mergers that create monopolies, and dominant firms pricing predatorily, while allowing such practices as vertical agreements and price discrimination on the grounds that it did not harm consumers.[68] Running through the different critiques of US antitrust policy is the common theme that government interference in the operation of free markets does more harm than good.[69] "The only cure for bad theory," writes Bork, "is better theory."[67] The late Harvard Law School Professor Philip Areeda, who favours more aggressive antitrust policy, in at least one Supreme Court case challenged Robert Bork's preference for non-intervention. https://en.wikipedia.org/wiki/Competition_law Image By Adam Smith Business School (Own work) [CC BY-SA 4.0 (http://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons
Views: 324 Way Back
The Law and Economics of Net Neutrality
 
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Professor Thomas Hazlett (George Mason University) discusses net neutrality at a lecture given at the Oxford Internet Institute, University of Oxford. The US Federal Communications Commission's Network Neutrality Order regulates how broadband networks explain their services to customers, mandates that subscribers be permitted to deploy whatever computers, mobile devices, or applications they like for use with the network access service they purchase, and imposes a prohibition upon unreasonable discrimination in network management such that Internet Service Provider efforts to maintain service quality (e.g. mitigation congestion) or to price and package their services do not burden rival applications. This paper offers a legal and economic critique of the new Network Neutrality policy and particularly the no blocking and no discrimination rules. While we argue the FCC's rules are likely to be declared beyond the scope of the agency's charter, we focus upon the economic impact of net neutrality regulations. It is beyond paradoxical that the FCC argues that it is imposing new regulations so as to preserve the Internet's current economic structure; that structure has developed in an unregulated environment where firms are free to experiment with business models - and vertical integration - at will. We demonstrate that Network Neutrality goes far further than existing law, categorically prohibiting various forms of economic integration in a manner equivalent to antitrust's per se rule, properly reserved for conduct that is so likely to cause competitive harm that the marginal benefit of a fact-intensive analysis cannot be justified. Economic analysis demonstrates that Network Neutrality cannot be justified upon consumer welfare grounds. Further, the Commission's attempt to justify its new policy simply ignores compelling evidence that "open access" regulations have distorted broadband build-out in the United States, visibly reducing subscriber growth when imposed and visibly increasing subscriber growth when repealed. On the other hand, the FCC manages to cite just one study - not of the broadband market - to support its claims of widespread foreclosure threats. This empirical study, upon closer scrutiny than the Commission appears to have given it, actually shows no evidence of anti-competitive foreclosure. This fatal analytical flaw constitutes a smoking gun in the FCC's economic analysis of net neutrality.
Richard Posner: Constitutional Interpretation
 
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http://bigthink.com Posner first talks about the challenge of constitutional interpretation and how he believes that the entire body of constitutional law was created with free interpretation of the Constitution.
Views: 9503 Big Think
Who the Hell Is Judge Richard Posner and Why Should I Care That He Retired?
 
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One of the nation's most influential judges and legal writers, Richard Posner, retired as Saturday from the 7th U.S. Circuit Court of Appeals in Chicago, NPR reports. Posner has written more than 3,300 opinions in nearly 36 years on the bench, along with scores of books. He is known for a sharp wit, clear writing and opinions that could be equally biting and humorous, with occasional references to his cats. Posner said in a statement he is "proud to have promoted a pragmatic approach to judging... and to apply my view that judicial opinions should be easy to understand and that judges should focus on the right and wrong in every case." http://www.npr.org/sections/thetwo-way/2017/09/01/548027406/federal-judge-richard-posner-retiring-from-the-bench Judge Alito on Posner. Very funny. https://www.youtube.com/watch?v=iGePRMbB0J4 The Official Lionel Nation Store: http://www.cafepress.com/theofficiallionelnationstore Sign up for Lionel's Newsletter and Truth Warrior manifestos. http://lionelmedia.com/2015/05/04/information-is-the-currency-of-the-21st-century-lionel-2010-ce/ Subscribe to Lionel YouTube Channel – http://www.youtube.com/LionelY2K Official Lionel Website: http://www.lionelmedia.com Twitter – http://www.twitter.com/lionelmedia Instagram – http://www.instagram.com/lionelmedia/ Periscope — https://www.periscope.tv/LionelNation/ Email – [email protected] Lionel Bio: http://lionelmedia.com/about-lionel/ Lionel Nation Google+ – https://plus.google.com/u/0/117173180841470374058 The Lebron Law Firm Website – http://www.lebronfirm.com Lionel Nation podcasts on iTunes – http://itunes.apple.com/us/podcast/lionel-nation/id1015647476 Lionel Nation podcasts on audioBoom – http://audioboom.com/lionelmedia Lionel Nation podcasts on Stitcher – http://www.stitcher.com/podcast/lionel-nation Official Facebook Fan Page – http://www.facebook.com/lionelfanpage The Lebron Law Firm Facebook Page – http://www.facebook.com/lebronfirm The Lebron Law Firm Twitter – http://www.twitter.com/lebronfirm
Views: 9553 Lionel Nation
Conversations with History: Gary Becker
 
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(Visit: http://www.uctv.tv/) Conversations host Harry Kreisler welcomes Nobel Laureate Gary S. Becker for a discussion of his intellectual journey. Topics covered in the conversation include: the influence of his parents, his education, Milton Friedman, his early work on discrimination, the skills and temperament required for work in economics, applying economic analysis to social problems, the Chicago school of economics, creativity, rational choice theory, markets vs. government, the impact of ideas on policy, the communications revolution, the lessons of the 2008 economic collapse, and advice for students preparing for the future. Series: "Conversations with History" [5/2013] [Business] [Show ID: 25071]
Jacob Gersen, "Political Economy of Public Law"
 
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The 2010 Coase Lecture in Law and Economics was presented by Assistant Professor of Law Jacob Gersen. Entitled "Political Economy of Public Law," the lecture focused on economic analysis of political institutions, mainly separation of powers problems and different strategies for allocating government power in constitutional theory.
Economic Reasoning and Sexual Behavior (S1130) - Full Video
 
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Larry Lessig, Assistant Professor of Law, University of Chicago, Judge Richard Posner, Chief Judge, United States Court of Appeals for the 7th Circuit, and Tom Smith, Director General of the Social Survey at the National Opinion Research Center at the University of Chicago discuss economic reasoning and sexual behavior. They consider the teaching of sexual legal issues in the U.S., and trends they see for the future. ©1994/46 min. Check out our Facebook page here: http://www.facebook.com/FreeToChooseNetwork Visit our media website to find other programs here: http://www.freetochoosemedia.org/index.php Connect with us on Twitter here: http://www.twitter.com/FreeToChooseNet Learn more about our company here: http://www.freetochoosenetwork.org Shop for related products here: http://www.freetochoose.net Stream from FreeToChoose.TV here: http://www.freetochoose.tv
Richard Posner: What do you do?
 
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Judge Posner first talks about his academic work. He goes on to tell us how he determines verdicts, the rationality of arguments and if he ever looks back at past decisions. Question: Beyond a simple title, how would you describe what you do for a living? Richard Posner: Well the academic research and writing is distinct related to the judging. So my academic work continues to be primarily focused on economic perspective on issues of law primarily, but related issues in public policy because I've written about aging and about sexuality. And these are topics where I think there is a neglected economic angle. But I'm eclectic, and I have brought to bear sociology, and philosophy, and other history, and so on in other areas. So that's the academic. But as far as being a judge is concerned, we don't choose our cases, so just take 'em as they come.  Where I've seen an opportunity to use economics and judging, I've certainly taken that opportunity. But more important really than that, my dissatisfaction with this moralistic traditional, moralistic category of law continues. And I'm disturbed by the degree to which the lawyers arguing cases to us present them in terms of this traditional vocabulary without focusing us on the facts, on practical considerations -- clearly economic, but not limited to them. Question: How do you decide what a verdict should be?Richard Posner:  Well a pragmatist is someone who thinks that the consequences of a proposed course of action are the critical factor in deciding whether you wanna follow that course.  And then in a judicial case there are always two sides -- plaintiff and defendant.  One is gonna win.  Each is advocating a course of action which will have consequences, good or bad.  And I'd like to get the lawyers to focus, and I'd like my own response to a case to focus on what those consequences are likely to be.Question: How do you weigh the arguments?Richard Posner: Well a lot of the time it's just intuitive.  We're given enough facts to make a rigorous cost benefit analysis.  But often one feels at least a confidence in one's intuition that if the parties, that if you can figure out concretely what will happen if one side or the other, if one position or the other becomes the rule of law to govern future cases, one has confidence in that outcome, then one feels one is making a pragmatically sound decision.Question: Do you reconsider decisions you've made in the past?Richard Posner: Well judges don't look back actually.  (Chuckles) Any judge who is realistic will realize that a significant percentage of the votes he's made in cases are either indeterminate as to whether they're right or wrong, or they're wrong.  So I've sat in more than approximately 6,000 appeals in my 26 years as a judge.  Now I know there's a percentage of those cases which  I voted incorrectly.  But I have no inclination to look back and try to figure out which they were.  Now sometimes in a new case parties will advocate a position that is contrary to one I took in a previous case.  I'm happy to re-examine my earlier position; but I don't sort of independently in the absence of challenge look back and try to figure out what's right or wrong.  So as I said I've heard more than 6,000 cases.  I've written almost 2,500 opinions.  I've forgotten most of them.  I don't carry 2,500 opinions in my head.  But if I'm reminded about a case, as I say, I'm happy to reexamine my position.   Recorded on: Nov 21, 2007.
Views: 3164 Big Think
Research Handbook on the Economics of Corporate Law
 
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RESEARCH HANDBOOK ON THE ECONOMICS OF CORPORATE LAW Edited by Claire A Hill and Brett H McDonnell Edward Elgar Publishing Limited Research Handbooks in Law and Economics Series Editors: Richard A Posner and Francesco Parisi ISBN: 978 1 84844 958 9 www.e-elgar.com SHAPING CORPORATE GOVERNANCE FOR THE FUTURE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The essays in this compilation volume have been specially commissioned from leading academics to explore and critically evaluate developments on the economics of corporate law and governance. Edward Elgar's research handbooks are all edited by highly distinguished scholars and are landmark reference works in the series of volumes available. Here, Claire A Hill and Brett H McDonnell offer an advanced treatment of specific topics which cover the state-of-the-art legal research linked to economics and they successfully expand the law and economics debate. The editors say in their introduction that "economic analysis plays a crucial role in contemporary scholarly writing on corporate law." They are, of course, correct! Each volume serves as a reference point, and provides introductions to important topics, also suggesting weaknesses and relevant areas for further exploration which readers will find of great help. This research handbook gives splendid practical suggestions for further research so those just starting out on the path of detailed research into corporate law and governance can look to it as an introductory overview. The book has an excellent introduction from the editors giving a short historical overview of the economic analysis of corporate law as well as a description of what is to follow. Part II sketches the origins of the economic analysis of corporate law. Part III sketches how that analysis has developed over the last two decades and Part IV give an overview of the volume. What we have here is research on shaping corporate governance for the future with particular intelligent insights into its constituent parts and it serves as a great detailed introduction for those new to this field.
Views: 55 ilegal
Shakespeare and the Law: Keynote Conversation
 
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The University of Chicago Law School's "Shakespeare and the Law" conference brought together thinkers from law, literature, and philosophy to investigate the legal dimensions of Shakespeare's plays. Participants explored the ways in which the plays show awareness of law and legal regimes and comment on a variety of legal topics, ranging from general themes, such as mercy and the rule of law, to highly concrete legal issues of his time. Other papers investigated the subsequent influence of his plays on the law and explored more general issues concerning the relationship between law and literature. The keynote session of the conference featured Justice Stephen Breyer, Judge Richard Posner, Ernst Freund Distinguished Service Professor of Law and Ethics Martha Nussbaum, and Frank L. Sulzberger Distinguished Service Professor Richard Strier (English, University of Chicago). It was recorded May 15th, 2009.
Richard Posner: How do you contribute?
 
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Posner talks about his contribution to economics and his interest in catastrophic risks, particularly global warming. Question: How do you contribute? Richard Posner: Well I'd like to think all my traditional twenty six years as a judge, I think there's some impact on legal doctrine in many areas that are quite unrelated to these hot constitutional issues. And then as far as more academic thinking or writing. Or not all academic; some of it semi-popular. Well I'd like to think that it's helped to show how helpful economics can be in dealing with a variety of public policy issues. And also helping us to understand the courts, and understanding the vacuity of a lot of this, both the traditional legal vocabulary and the more theoretical, constitutional argumentation that's succeeded that we've been discussing. Now if you asked me this question 30 years ago or something, 20 years ago, in the '70s, which was a very different era in economic thought in this country, I thought then what I was trying to do was part of the movement -- originally a very small movement -- was to revise antitrust law and regulatory law to give much more play to free markets and be much less, to use a French term. But that war was won, beginning with the Reagan administration. That war has been won. So now we're dealing with a lot of other issues. And in recent years I've been particularly concerned with catastrophic risks. One is global warming where I wrote a book called "Catastrophe". It was published in 2004 and written in 2003. And I take some pride in the fact that despite being a conservative, often we thought to be a really reactionary beast, I did think global warming, I thought it was a very serious problem. And I was particularly concerned because back to the question on concern, I was particularly concerned that people were too much focused on the consensus predictions as to the consequence of global warming, which was a smooth, gradual increase over the 21st century which would have very serious consequences, but not until the later part of the century. And what I emphasized in my book was that there's a great deal of uncertainty about this, and that it could be much more rapid; and that we shouldn't just look at the consensus forecast. Again it's basic cost-benefit analysis. If there's a one percent chance of a very serious disaster, you don't ignore it by saying, "Well it's one percent. We're not gonna worry about it until it's 51 percent or 100 percent." And it has turned out since 2003 or 2004 that the scientists were underestimating the rapidity of global warming. And so now it's recognized as a more serious problem where we should have been dealing with it 10 years ago. And we should have been saying look we have this consensus forecast. It's gradual. It's not too alarming; but we have a substantial uncertainty as to, it could be much milder than we think. It could be much more severe. We have to worry about the severe, and the distribution of probabilities. And I was, and remain, also very concerned about the terrorism problem. I don't think we're dealing with it very well. And you know there are civil liberties concerns. I've written about that. But I do think we have to, again, take the risks of terrorist attacks with weapons of mass destruction seriously. I think it's relatively low probability; but low probability events with very bad outcomes, if they materialize, deserve serious consideration. So as I say, the problems have changed since the '70s, but I hope I've been keeping abreast of the current problems in trying to make a constructive contribution. Recorded on: Nov 21, 2007
Views: 1799 Big Think
The Investigation, Impeachment, and Trial of President Clinton Explained (1999)
 
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Richard Allen Posner (/ˈpoʊznər/; born January 11, 1939) is an American jurist and economist, who is a judge on the United States Court of Appeals for the Seventh Circuit in Chicago and a Senior Lecturer at the University of Chicago Law School. He is a leading figure in the field of law and economics, and was identified by The Journal of Legal Studies as the most cited legal scholar of the 20th century. Posner is the author of nearly 40 books on jurisprudence, economics, and several other topics, including Economic Analysis of Law, The Economics of Justice, The Problems of Jurisprudence, Sex and Reason, Law, Pragmatism and Democracy, and The Crisis of Capitalist Democracy. Posner has generally been identified as being politically conservative; however, in recent years he has distanced himself from the positions of the Republican party authoring more liberal rulings involving same-sex marriage and abortion. In 1968, Posner accepted a position teaching at Stanford Law School.[6] In 1969, Posner moved to the faculty of the University of Chicago Law School, where he remains a Senior Lecturer. He was a founding editor of The Journal of Legal Studies in 1972. On October 27, 1981, Posner was nominated by President Ronald Reagan to a seat on the United States Court of Appeals for the Seventh Circuit vacated by Philip Willis Tone.[7] Posner was confirmed by the United States Senate on November 24, 1981, and received his commission on December 1, 1981. He served as Chief Judge of that court from 1993 to 2000 but remained a part-time professor at the University of Chicago.[7] Posner is a pragmatist in philosophy and an economist in legal methodology. He has written many articles and books on a wide range of topics including law and economics, law and literature, the federal judiciary, moral theory, intellectual property, antitrust law, public intellectuals, and legal history. He is also well known for writing on a wide variety of current events including the 2000 presidential election recount controversy, Bill Clinton's affair with Monica Lewinsky[7] and his resulting impeachment procedure, and the 2003 invasion of Iraq. His analysis of the Lewinsky scandal cut across most party and ideological divisions. Posner's greatest influence is through his writings on law and economics; The New York Times called him "one of the most important antitrust scholars of the past half-century." In December 2004, Posner started a joint blog with Nobel Prize-winning economist Gary Becker, titled simply "The Becker-Posner Blog".[8] Both men contributed to the blog until shortly before Becker's death in May 2014, after which Posner announced that the blog was being discontinued.[9] He also has a blog at The Atlantic, where he discusses the financial crisis.[10] Posner was mentioned in 2005 as a potential nominee to replace Sandra Day O'Connor because of his prominence as a scholar and an appellate judge. Robert S. Boynton has written in The Washington Post that he believes Posner will never sit on the Supreme Court because despite his "obvious brilliance," he would be criticized for his occasionally "outrageous conclusions," such as his contention "that the rule of law is an accidental and dispensable element of legal ideology," his argument that buying and selling children on the free market would lead to better outcomes than the present situation, government-regulated adoption, and his support for the legalization of marijuana and LSD. In Posner's youth and in the 1960s as law clerk to William J. Brennan he was generally counted as a liberal. However, in reaction to some of the perceived excesses of the late 1960s, Posner developed a strongly conservative bent. He encountered Chicago School economists Aaron Director and George Stigler while a professor at Stanford.[6] Posner summarized his views on law and economics in his 1973 book The Economic Analysis of Law.[6] Today, although generally viewed as to the right in academia, Posner's pragmatism, his qualified moral relativism and moral skepticism,[13] and his affection for the thought of Friedrich Nietzsche set him apart from most American conservatives. As a judge, with the exception of his rulings with respect to the sentencing guidelines and the recording of police actions, Posner's judicial votes have always placed him on the moderate-to-liberal wing of the Republican Party, where he has become more isolated over time. In July 2012, Posner stated, "I've become less conservative since the Republican Party started becoming goofy."[14] Among Posner's judicial influences are the American jurists Oliver Wendell Holmes, Jr. and Learned Hand. https://en.wikipedia.org/wiki/Richard_Posner
Views: 2334 Way Back
Fault in Contract Law: Richard Posner, "Let Us Never Blame a Contract Breaker"
 
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Richard Posner is Senior Lecturer in Law at the University of Chicago Law School and Judge on the U.S. Court of Appeals for the Seventh Circuit. This talk, in which he argues that concepts of fault or blame are not useful addenda to the doctrines of contract law, was recorded September 27, 2008 as part of a conference at the University of Chicago Law School entitled, "Fault in Contract Law." The conference was organized by Frank and Bernice Greenberg Professor of Law Omri Ben-Shahar and Fischel-Neil Visiting Professor of Law Ariel Porat.
The Gaidar Forum 2018. Law and economics
 
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“Law and Economics” deals with the application of economic analysis to legal problems. This approach is represented in the public debate on issues of public administration; it is also used in various social sciences, including political economics, constitutional economy and political science. Originally developed in the context of common law systems, this approach is not limited to them and can be successfully applied in the context of the continental system. Moderator: Valeriy Smirnov, Deputy Director, Institute of Law and National Security, RANEPA Speakers: Giuliano Amato, Member, Constitutional Court of Italy; Member, Board of Directors, European Public Law Organization (EPLO); Prime Minister of Italy (1992-1993, 2000-2001) Jim Leitzel, Director, Public Policy Studies, the College, the University of Chicago Ejan Mackaay, Emeritus Professor, Law Faculty, University of Montreal http://www.ranepa.ru/eng/sobytiya/novosti/live-broadcast-of-the-1st-day-of-the-gaidar-forum-2018-january-15
Views: 54 RANEPA

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