Here are the key differences between marginal utility theory and utility theory:
- Utility theory, developed by Jeremy Bentham, focuses on measuring the total or overall utility/satisfaction/pleasure derived from consuming a good. Marginal utility theory, developed by Hermann Heinrich Gossen, focuses on measuring the additional or marginal utility derived from consuming each additional unit of a good.
- Utility theory does not account well for the fact that additional units of a good often provide less utility/satisfaction than previous units. Marginal utility theory introduced the concept of diminishing marginal utility, which recognizes that each additional unit provides less utility.
- Marginal utility theory is considered an improvement over utility theory as marginal utility is easier
1. International Law For Sustainable Development
International Law for sustainable development
International law for Sustainable development can be defined as:
The International legal principles which is based upon the international environmental law,
international trade law and international human right law which focus on the development of society
in present without compromising it for future.
It was realised that the legal aspect cannot be isolated from the sustainable development. There were
various landmarks which lead to the impetus of the International law for sustainable development.
The evolution has been summarized below:
Evolution:
Stockholm commission (1972):
–Submit organised in Stockholm to address the environmental issue caused by the industrialisation.
– It gave international platform to the concept of sustainable development. Leading to the
foundation of sustainable development as International policy and legal concept.
–It emphasised on safeguarding the natural resources and protecting the environment for future.
–Lead to establishment of UNEP (United Nation Environment Plan) which checked the
environmental and sea hazards caused by industrialisation.
–The commission winded up with declaration containing 26 principles and 109 recommendations.
Primarily focussing on the development of human and the environment.
Brundtland commission Report (1987):
–Commission established by UN general assembly in 1983. It was to develop strategies to achieve
sustainable development in a long run.
–It coined a definition
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2. The Transformation Of American Law Essay
Horwitz, in The Transformation of American Law: 1780–1860, argues that a commercial elite class
worked with judges during the antebellum period to shift American law doctrine from anti–
commercial to pro–commercial doctrines. These new doctrines benefitted the commercial elites and
forced America to adopt capitalism over the original moral economy that was in place prior to the
beginning shift in American law in the 1780's. Horwitz breaks the book up into eight distinct
chapters, focusing on the changing conception of law, a new conception of property, creating
economic growth through the legal system itself, competition and economic development, the
relationship between the bar and commercial interests, the emergence of contracts, the development
of commercial law, and the rise of legal formalism. The first chapter details the changing concepts
of American law in that instrumentalism became popular. Horwitz shows that judges move away
from following precedent around the turn of the century and instead were focusing on their own
interpretations of the law. This is shown through judges issuing new trials on account of juries
issuing verdicts that they believed did not fit with the evidence provided in the trials (29). Juries
during this time were increasingly side–lined during the trial process. The second chapter has
Horwitz looking back to the 'agrarian' economy and the doctrines surrounding property, detailing
how these doctrines shifted to an understanding of
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3. The Development Of The Roman Republic
The development of the Roman Republic is an overshadowed, yet important, piece of Roman
civilization. When asked about Rome many only relish in the grand military expansions or grand
virtues of the organized empire that was established. However, full of turmoil Rome was left to
battle its own structural demons. Romans based their identities off of unwritten morals and beliefs
established through tradition. The struggle within Rome is evident throughout the writings of
Appian and Rigsby. The development of the Twelve Tables brings forth the beginning of Rome's
attempt to establish order throughout the republic and balance both the cultural and economic
beliefs. I will prove that the Roman Republic used law in an effort to keep cultural traditions and
establish economic prosperity. Rome originally based the law systems on codes of unwritten law.
This law based itself upon basic morals and the idea to have an upstanding virtue as an individual.
However, this legal system soon came to an end due to the abuse and twisting of the law codes, so
that those in power could oppress the common people. A furor for an establishment of written law
over took the plebians, law that would establish a fair and opportunistic life. The "Twelve Tables"
sought to shorten the gap between plebians and patricians by setting a written law code, which
embraced the moral beliefs all romans shared. The moral values and unwritten law code are
established evidently in the "Twelve Tables", "When a person
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4. Judge Posner's Challenge to the Philosophy of Law Essay
Judge Posner's Challenge to the Philosophy of Law
ABSTRACT: This paper presents a conceptual analysis of Richard Posner's empirical theory of
judicial behavior. His theory opposes the conventional view which holds that judges are insulated
from external pressures so their judicial decisions will be based upon a disinterested understanding
of the law. Since economics holds that all people – including judges – attempt to maximize their
utilities, Posner thinks that the conventional view is an embarrassment which presumes judges are
not rational. His theory holds that the judicial insulation has actually left judges maximizing their
utilities by trading judicial utility against leisure utility. Posner's theory presents a challenge to the ...
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Economics holds that people make decisions based on efforts to maximize their utilities. That is
sometimes expressed as an attempt to maximize happiness or self–interest. Two of Adam Smith's
insights are especially relevant here. A micro thesis holds that in the commercial world people
attempt to maximize their own utility while a macro thesis holds that in a competitive economy, the
pursuit of utilities on the part of producers and consumers automatically leads to maximum welfare.
Economists refer to utility maximization as rational, and say any exceptions are so rare that they do
not pose significant exception to the general economic assumption.
Posner is concerned because the conventional view of judicial behavior presumes that judges and
justices are, on these terms, irrational. For the purposes of his analysis, Posner concentrates on
judges and justices referenced in Article III of the US Constitution. I will follow his lead here,
though both of us recognize extrapolation to other judicial settings would be reasonably simple.
From an international perspective, Article III judges have been more exempted from the temptations
and constraints of employment than other judges. Posner points out that Article III judicial tenure is
even more secure than academic tenure:
A federal judge can be lazy, lack judicial temperament, mistreat his staff, berate without reason the
lawyers who appear
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5. Riverpoint Writer (Article Aalysis)
Article analysis Laura Morrison Eco/365 September 26, 2011 Tarron Khemraj Article analysis In
understanding economics first summarize what is economics. No universally definition of
economics. Although it defined as the study of how individuals and groups make decisions with
limited resources, coordinate their wants and desires, given the decision mechanisms, social custom,
and political realities of the society. Economic are operative in aspect of lives, market forces of
goods sold in a market but supply and demand also used to analyzes situation in which economic
forces operate. In addition to the study of ... Show more content on Helpwriting.net ...
When quantity supplied do not equal quantity demanded the outcome is either excess supply or
excess demand, and a tendency for price to change. As this happen the consumers will increase their
quantity demanded, and the movement toward equilibrium caused by excess supply is both the
supply and demand sides. When the excess supply occur quantity supplied is greater than quantity
demanded. While the reverse of excess demand quantity demanded is greater than quantity supplied.
The excess demand pushes prices upwards in decreasing the quantity demanded and increasing the
quantity supplied. This movement takes place along both the supply curve and the demand curve.
The price adjusts to rise when the quantity demanded exceeds the quantity supplied and for price to
fall when the quantity supplied exceeds the quantity demanded is a central elements to supply and
demand. Although individuals tendencies to change prices exist as quantity supplied and quantity
demanded differ the changes in price brings the law of supply and demand into play. Whenever the
quantity supplied and quantity demanded are unequal, price will stay the same cause no one will
have an incentive to change. One thing to remember equilibrium is not the model framework they
use to look at the world. Although to establishing the current value of a consumer product
Economics has evolved through the centuries there are a few factors that led to a change in
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6. Antitrust Law And Economics Of Product Distribution
Introduction
This Literature review explains if a franchise is high or low risk way of entering into a market. It
also explains whether a franchisee is suited for a certain franchise. Franchises can be seen all over
the world, with everyone being introduced to them, as consumers, from a young age (Longenecker
et al., 2011). Thomas and Seid (2000) agree with this and believes due to it, people think they
understand a lot more about a franchise than they actually do, creating myths about the rate of
success and the ease of entry. Antitrust Law and Economics of Product Distribution (2006, p.5)
defines a franchise in a 3 part way as, "(1) a franchisee (a) offers, sells or distributes a franchisor's
goods or services, which are identified by ... Show more content on Helpwriting.net ...
Many years later, franchising became more entrenched in the UK with the advent of the tied pub
system. Following the introduction of legislation making it very expensive to keep and maintain a
public house in the 18th century, licensees began to struggle to operate successfully. Recognising
that it was in their interests to have a secure and stable market for their products, brewers began to
offer publicans the opportunity of financial support in return for exclusivity over what was sold in
the pub. Thus a familiar system, that remains widely–used in the licensed trade today, was born."
(Thebfa.org, 2015)
Types of Franchises
There are three types of franchises; these are business format franchises, product franchise and
manufacturing franchises (Referenceforbusiness.com, 2015).
Business Format Franchise
Business Format Franchises are the most common out of the three, this franchise gives the right for
entrepreneurs to use their name and product. The franchisee usually benefits from the assistance
given by the franchisor, but has to pay fees and royalties over the franchise contract. The most
noticeable example of this type of franchise is McDonalds, which is one of the most successful
companies in the world (Referenceforbusiness.com, 2015).
Product Franchise
In this kind of franchise the
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7. Economics An Overview: Article Analysis Essay
In business it is essential for owners to consider important factors when mapping out their business
objectives. Economics used as a tool to solve coordination problems. They include what and how
much product to produce, how to produce their product, and for whom they are producing. In order
to effectively answer these questions, economics is used. Colander (2006) describes economics as
"the study of how human beings coordinate their wants and desires, given the decision–making
mechanisms, social customs, and political realities of the society" (p. 4). The foundation of
economics is based on several factors that assist in understanding an economy. These factors include
economic reasoning, economic insights, economic institutions, and ... Show more content on
Helpwriting.net ...
Understanding the fundamental concepts of economics allows us to analyze laws that have a direct
bearing on the economy. These laws and theories are essentially the backbone of how economics is
used and studied. The law of demand can be expressed by stating that as long as all other factors
remain constant, as prices rise, the quantity of demand for that product falls. Conversely, as the price
falls, the quantity of demand for that product rises (Colander, 2006, p 91). Price is the tool used that
controls how much consumers want based on how much they demand. At any given price a certain
quantity of a product is demanded by consumers. As the price decreases, the quantity of the products
demanded will increase. This indicates that more individuals demand the good or service as the
price is lowered. This can be illustrated using the demand curve. The demand curve is a downward
sloping line that illustrates the inversely related relationship of price and quantity demanded. In
addition to the law of demand, the law of supply also serves as the second major resource in
studying economics. The law of supply states that with other factors remaining constant, as the price
rises, the quantity of the product supplied also rises. Conversely, as the price falls, quantity of the
product supplied also falls (Colander, 2006, p 97). The law of supply is refers to how producers can
effectively substitute the production of one product for another (Colander, 2006, p.
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8. Relations Between China And China
Before establishing formal diplomatic relations with China, Singapore was already enjoying close
economic and political ties with China albeit on an informal basis. Both countries elevated their
relationship to a more formal level by establishing diplomatic relations on October 3 1990. Since
then, the economic and trade cooperation between the two nations has expanded steadily and China
has become Singapore 's largest trading partner in 2014 with the bilateral trade amounting to
S$121.47 billion. From Singapore's perspective, being an entrepot city devoid of natural resources,
it had historically no choice but to be the middleman of all the trading nations, including China. Due
to its strategic and well–located geographical position, Singapore had emerged as an important
middleman and reexport centre for natural rubber from Malaya to China and a distribution centre for
China's commodities to Southeast Asia. When reforms in China began to rejuvenate its internal
economy and to open it up to the global economy by signing a number of regional trade agreements
and by accessioning into the World Trade Organisation (WTO) in the year 2001, Singapore has been
actively pursuing economic opportunities in China. Singapore and China are contracting parties to
the United Nations Convention on Contracts for the International Sale of Goods (CISG), which
establishes a system of uniform sale of goods rules to govern the rights and obligations of parties to
international sales contracts
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9. A Duty Fixed By Civil Law
It has long been established that a tort occurs "where there is breach of a general duty fixed by civil
law". The branch of law we know as negligence has been in development since the establishment of
a duty of care for one's neighbour in Donoghue v Stevenson . In that case, Lord Atkin laid down
general principles whereby a person would owe another a duty of care, the most important being
"you must take reasonable care to avoid acts or omissions which you can reasonably foresee would
be likely to injure your neighbour" . This principle has been refined on a number of occasions and
the current approach for establishing a duty of care is typified in Caparo Industries plc v Dickman .
Following Donoghue, a variety of cases came before the ... Show more content on Helpwriting.net
...
"those where a claimant has suffered financial damage but has incurred no personal injury or
damage to property" . It is arguable that other losses which result from tort could possibly be
described as economic loss; however, the true definition of economic loss involves someone who
has suffered financial damage that does not result from personal injury or damage to property. In
Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd , the defendants were negligent in
cutting an electric cable, which then resulted in a 14 hour power cut in the area. This affected a
number of properties including the claimant's factory. With no power available to heat the claimant's
furnace in his factory, the metal there solidified and was ruined. The claimant was also required to
shut his factory temporarily. Civil litigation was initiated by the claimant for damage to ruined metal
(which constituted physical damage to property), loss of the profit that would have been made had
that metal been sold (labelled as economic loss arising from damage to property) and loss of profit
the factory would have made had it not been forced to close (pure economic loss). A majority of the
Court of Appeal held that only the first two heads of claim were recoverable. The defendant owed a
duty of care to the claimant not to damage their property but no duty of care was owed with regard
to loss of profit. It was found that it was
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10. Marginal Utility Vs. Utility Theory
Fifty years after Jeremy Bentham's initial defention of utility, the German economist Hermann
Heinrich Gossen introduced the term marginal utility and the law of diminishing marginal utility.
The term marginal utility is defined as "the pleasure or pain from an additional unit or 'dose' of a
good." The introduction of marginal utility to economic thought and vocabulary was revolutionary,
reducing the need to measure total pleasure or pain because "Even if marginal utilities were
measured on a cardinal scale, they would tell us nothing about how much total utility there was
(even if it was maximized) because they are still only measured up to an additive constant." An
additional benefit of marginal utility was the introduction of the principle of marginal utility theory,
which Gossen explained as, "Man maximizes his total life pleasure if he distributes his entire money
income ... among the various enjoyments ... so that the last atom of money spent on each single
pleasure yields the same amount of pleasure." Marginal utility was considered easier to measure
than utility as a whole, although still very difficult to define. At the same time, Gossen was also
introducing the law of diminishing marginal utility, which was one of the most important steps in
developing the economic theory around utility. At the time that Gossen introduced the law of
diminishing marginal returns, there an equivalent law, called Turgot's law, had already been
developed for the producer's side of
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11. Predatory Lenders : The Law And Economics Of Predatory...
Predatory lenders are organizations, which offer loans with high interest rates to those who are in
need of fast money, usually because of an emergency. Engel Kathleen, and Patricia McCoy, in their
paper "A tale of three markets: The law and economics of predatory lending" defined predatory
lending as Any serious attempt to address the problem of predatory lending, however, must be able
to describe it. "predatory lending generally has been described as a catalogue of onerous lending
practices, which are often targeted at vulnerable populations and result in devastating personal
losses, including bankruptcy, poverty, and foreclosure. " which essentially means that while the
methods of predatory lending have changed over the years, the concept of predatory lending has
remained the same. Predatory lenders used to be loan sharks, who would loan people money from
the local mob, but now predatory lenders operate as payday loan offices, and Car Title loaners.
These companies utilize the niche market of people living in low–income areas, who are desperate
for quick cash and have stable paying jobs, and a willingness to pay the flat fees associated with said
loans. Loans such as Payday Loans and Car title loans operate by preying on those who have no
other alternatives. Predatory lending practices have had a predominately negative effect on lower
income communities, forcing many families living in these communities to go into deeper debt
trying to pay off the initial loan, leading
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12. Comparative Study on Consumption Patterns of Soft Drinks...
Comparative Study On Consumption Patterns Of Soft Drinks And Fruit Juices
A COMPARATIVE STUDY ON CONSUMPTION PATTERNS OF SOFT DRINKS AND FRUIT
JUICES
EXECUTIVE SUMMARY
Soft Drinks were common preference among all the individuals before juices were being introduced,
With the changing lifestyle and income levels, people are shifting their consumption patterns and
have therefore become more health conscious thus leading to increase in demand of juices.
Market Research is based on some underlying parameters like:
Changing consumption pattern
Health factor
Status consciousness
Varying lifestyle
The basic subject matter of the research, comparative analysis of Soft Drinks and Juices is focused
to study the mind/taste ... Show more content on Helpwriting.net ...
Microeconomics is defined as: The study of the operations of the components of a national
economy, such as individual firms, households, and consumers (www.answers .com accessed
02Oct07). This is a study of the relationship between the consumer and the supplier based on
various fluxuations in the market.
The Law of supply is defined as: A microeconomic law stating that, all other factors being equal, as
the price of a good or service increases, the quantity of goods or services offered by suppliers
increases and vice versa (www.answers .com accessed 02Oct07).
The law of demand is described as: A microeconomic law that states that, all other factors being
equal, as the price of a good or service increases, consumer demand for the good or service will
decrease and vice versa (www.answers .com accessed 02Oct07).
Supply and Demand: The market process is generally modeled using the economic concepts of
supply and demand. The plans/desires of consumers are embedded in the concept of demand and the
plans/desires of producers in the concept of supply. The plans of these two types of economic actors
are brought together in markets, which are the entities in which transactions occur. In a modern
economy, markets do not require that the buyers and sellers meet in a geographic place, so markets
no longer require actual "marketplaces."...
14. Analysis Of Ronald Harry Coase 's ' The Marginal Cost...
Ronald Harry Coase, an Emeritus Professor of Economics at the University of Chicago Law School.
Dr. Couse was awarded a Nobel Prize in Economics in 1991 for his work in the field of the Theory
of Market Institutions contributing to the line between economics, law and organization. The
foundations of Couse's beliefs were that serious economists should not study theoretical markets and
instead should concentrate all their efforts on real world markets. Dr. Coase is best known for two
well–established articles "The Nature of the Firm" (1937) and "The Problem of Social Cost" (1960).
The book itself if a collection of these two critically acclaimed articles and three additional articles;
"The Marginal Cost Controversy" (1946), "Industrial ... Show more content on Helpwriting.net ...
Coase's main points brought together in his introduction and additional notes, but drawn from his
scholarly articles begin with the concept that the choice between how a firm is organized and how
the market is organized is varied and will continue to be varied, but not because of changes in
technology. Instead, both individual firms and the market as a whole are organized so that each
attempts to minimize or economize inherent transaction costs. Coase goes on to explain that the
study of these tangible and material transaction costs is actually a study of opportunity cost. Charlie
Munger, Warren Buffet's less media attention grabbing partner, explains opportunity costs very
succinctly and points a finger in the eye of economic professors; "Everything is based on
opportunity costs. Academia has done a terrible disservice: they teach in one sentence in first–year
economics about opportunity costs, but that's it. In life, if opportunity A is better than B, and you
have only one opportunity, you do A. " This is Coase's point, that firms and the market deal with the
information at hand and make decisions in a world of scarce resources. Given a choice between A
and B, then the one with the maximized value will be logically chosen every time. If in the real
world study of a firm or market that the logical choice wasn't chosen, then the economist has not
values all the tangible benefits and costs that were weighed by decision makers,
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15. Cyber Security : Why Economics Is Overcoming Law Essay
Cyber Security: Why Economics is Overcoming Law
Issues of cyber security have come to the forefront of global knowledge and focus. Like many
technological issues, it has been a problem for a long time and light has recently just spread in this
issue. The emergence of people becoming technologically understanding has led to an ever–
expanding rate of technology development. With this, businesses have a need to rely on the internet
to broaden their reach of the market while still taking measures to ensure that their information and
data stay protected from unauthorized access or attacks. There seems to be no clear preventive
solution to the problem as technology is always on the rise while the law and implementation of the
law tend to fall behind. Many argue that economically safe options will protect businesses better in
the long run, while others argue that making more progressive laws will improve the solution.
Though cyber security is primarily the focus of technological businesses, businesses across all fields
have differing amounts of interest in the subject as well. As is to be expected, the topic affects each
field differently, whether it be focusing on the different information held, or simply a different
audience targeting it. The economic strategy brings structure while the law is catching up by relying
on old modified statutes.
Coming from differing standpoints about cyber security, purpose and structure are key to conveying
their ideas. On one hand, you have
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16. The Legal And Economic Concerns Of Copyright Laws
As computers and the Internet have become widespread illegally downloading files has become
cheaper and easier than ever before. Copyright laws are broken so often the basis of them are put
into question. Each new generation of musicians, writers, and artists face more difficult odds at
making a living from their passion. This paper will discuss the legal and economic concerns of
copyright laws. First, this paper will describe the background and history of copyright laws. Then,
this paper will cover the concepts of ownership and stealing. It will then discus file sharing and how
it has affected the entertainment industry. Finally, it will conclude with a look at how a hypothetical
system without copyright laws would function.
The World Intellectual Property Organization is an international organization whose purpose is
promoting innovation and creativity by ensuring that the rights of owners of intellectual property
and creators are globally protected, and that authors and inventors are thus rewarded and recognized
for their ingenuity.[1] The term intellectual property refers to the creations of the human mind and
includes patents, trademarks, trade secrets and copyright.[1] Copyright allows the creator to have
full control over reproduction, distribution, ownership, broadcasting, communicating to the public,
performing publicly, renting, and the right to distort or modify their work.[1]
The origin of copyright came from the need to protect book authors from printing press
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17. The Role Of Competition Law And Its Effects On The Local...
My interest in this paper is to consider a complex network prospective; the application of
Competition Law, and more specifically related to its effects on monopolistic competition, and its
effects on the local market and South African economy as a whole.
South Africa (SA) was distant from many other major markets and production centers. This made it
complex for international trade to compensate for these conditions, even though trade has expanded
since 1994, mainly with the European (EU) and the United States (US). Tariff levels have declined
on average, but anti–dumping duties protect key industries such as steel, where the state has long
had an interest and an exclusive export agent can prevent arbitrage between export and local
markets. SA's history of import substitution and the attendant habits of business practice and
government policy favored local insiders thus challenging other market entrants. This encouraged
the new SA government to review the SA competition law regime in the White Paper on
Reconstruction and Development in 1994. The need for a new competition policy in SA was
because of excessive economic concentration and ownership, collusive practices by enterprises and
the abuse of economic power by firms in dominant positions. A need for further transition emanated
from the effects of globalization and trade liberalization and the need to redress past inequality and
non–participation in the national economy. Thus fundamental principle of competition policy
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18. The Factors Of The Great Fog Of 1952
THE GREAT SMOG OF 1952
I. FACTS OF THE GREAT SMOG OF 1952
A thick fog engulfed London from December 5 to December 9, 1952. It mixed with black smoke
emitted from homes and factories to create a deadly smog. This smog killed approximately 12,000
people and was the catalyst for the introduction of environmental laws.
Smog was a regular occurrence in London, but the smog that formed from Friday 5 December to
Tuesday 9 December 1952 was different. On 5 December during the day, the fog was not
particularly dense. However, during the night it thickened greatly resulting in very low visibility. On
the 6th December, there was not sufficient sunlight to clear the fog. The fog proceeded to intensify
its thickness over the next few days. The fog became ... Show more content on Helpwriting.net ...
The problem comes about because both the polluter and the victim think they are justified in their
opinions and actions. As a result of this impasse, the market doesn't find a solution because no one
has the property rights to something like air or noise pollution. The role of the legal system in the
Coase Theorem is to simply decide who gets the property rights. Because bargaining is assumed to
be free, it doesn't matter who gets the property rights. If they are assigned to either the polluter or
the victim, the market will always find an efficient outcome.
IV. APPLYING COASE THEOREM TO THE GREAT SMOG OF 1952
There is a negative externality because the smog clearly causes external damage that is inflicted
upon the general public of London. The factories are not bearing the entire cost of producing their
goods because they are not paying for proper waste disposal. Factories were emitting harmful
pollutants into the atmosphere which has a negative social cost because it was making people ill and
causing deaths.
The pollution (smog) is an externality, as the pollution from the factories imposed a cost on people
who may have been neither consumers nor producers of these items. This is a legitimate externality
because the property rights of air are not assigned to anyone. It would be efficient to allow the
factories to pollute if the value of operating the factory was greater than the pollution cost imposed
on the general public in
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19. Role Of Monopolies And Restrictive Trade Practices Essay
(A CRITICAL ANALYSIS) BY: SUDHIR KUMAR DWIVEDI (Assistant Professor, Law) (Jaipur
National University, Jaipur) E–mail: adv.skdwwivedi@gmail.com Mob. No. 09013456805,
07240503103
During economic reforms of 1990 it was observed that monopolies and restrictive trade practices
(MRTP) has become outdated in context to international economic development relating to
competition law and a new law which may reduce monopolies and promote competition , is
required. After 1990s India witnessed a drastic increase in international trade law. During this period
there was great increase in the volume and value of trade in goods and services, in cross border
merger and acquisition (M&E) and in foreign and direct investment. By passing of time restriction
on foreign direct investment (FDI) were reduced. however Competition Act has come into force to
replace Monopolies and restrictive trade practice (MRTP) Act ,1969. With effect from September 1,
2009 Government of India through ministry of external affairs notification repealed the MRTP Act.
Enactment of competition law was with the purpose of providing a completion law which can meet
and suits with changed economic demand of India and world. Keeping in mind these scenario the
competition Act has been enacted with the purpose of providing a competition law regime that
meets and suits the demands of the
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20. Analyzing the Polluter Pays Principle Through Law and...
Abstract
Any successful international negotiation for reducing emissions must be based on four principles:
the precautionary principle, the principle of sustainable development, the polluter–pays principle of
equity. The strength of 'contraction and convergengce' is that it satisfies all these principles. * Sir
John Houghton
The paper starts with the basic knowledge of the Polluter Pays Principle and proceeds with the
Historical evolution of the principle. The paper also deals with how the International and national
development of the principle. The adoption of the principle in the legislation and judiciary is also
dealt in detail in the paper. The later section of the paper deals with the disadvantages of the
principle and ends with ... Show more content on Helpwriting.net ...
Finally, the polluter pays principles is now seen in specific pieces of legislation becoming more (or
some might say 'less') than a grand constitutional statement of an intractable human right.
OECD – the birth of the polluter pays principle
Some explanation of the sometimes arbitrary course of the principle of polluter pays can be found in
its historical development. The principle first appeared in a legal context in a document prepared by
the international Organization for Economic Cooperation and Development ("OECD") and included
the following recommendation: "The principle to be used for allocating costs of pollution prevention
and control measures to encourage rational use of scarce environmental resources and to avoid
distortions in international trade and investment is the so–called 'Polluter Pays principle'. This
principle means that the polluter should bear the expenses of carrying out the above mentioned
measures decided by public authorities to ensure that the environment is in an acceptable state. In
other words, the cost of these measures should be reflected in the costs of goods and services which
cause pollution in production and/or consumption. Such measures should not be accompanied by
subsidies that would create significant distortions in international trade and investment". In 2001,
the OECD Joint Working Party on Agriculture and
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21. Should The Uk Government Be Enforced By Uk Law For...
In this Essay I will explore the Proposals put forward by the UK government in the 2011 "Vickers
Report" as well as exploring the proposals I will then give an in depth analysis in how effective the
methods put forward are; in terms of how successful they are in ensuring financial stability within
the current economic climate. Furthermore I will examine how these proposals are being enforced
by UK law to achieve practical outcomes, as theoretical tools do not always work as imagined in
real life scenarios.
Ring Fencing.
Ring Fence means "an agreement, contract, etc, in which the use of money is restricted to a
particular purpose" (Ring fence, n.d.). In terms of retail ring fencing, this is a more specific use of
the term used by certain ... Show more content on Helpwriting.net ...
Due to there not being any ring fencing restrictions with the Banks that associated with Lehman
brothers, many banks were therefore not insulated by the folded firm causing a massive ripple effect
within the Western world Economy which allowed for such a detrimental World recession to occur.
There is a discussion with retail ring fencing and its location within a firm. How do you separate
certain operations within the same firm? Because of this the commission set key principles within
the proposal to help align the ring fence within a Bank.
Mandated services: services which have a high economic cost if not performed at any point in time
and where the customer does not have an alternate provider. The economic cost for interruptions in
these services are high because customers need these to function in an economy by having liquid
assets (most likely cash) for day to day needs. Such services are provided by the Government when
the private market fails and so are held in high regard. Isolation of mandatory services is used to
provide authorities confidence in the retail banking system over the protection of creditors funds.
"By ring fencing retail banking activities, the UK authorities will be able to protect the payments
system without having to insure the high–risk products" (Banking, finance, and the role of the state,
n.d.).
... Get more on HelpWriting.net ...
22. Laws Of Supply And Demand In Economics
This article is about the elevate in gasoline in wakes of Hurricanes Harvey and Irma. Given the way
winds and floods shut down oil rigs, batter refineries and disrupt pipelines, there was minute chance
that Florida's energy infrastructure would elude the wrath of these natural disasters. Are these
elevates in price just the beginning of a rise in gasoline prices until repairs are consummated or a
replication to price gouging? For some economics this remains to be unseen. The laws of supply and
demand have yet to assert themselves in the hardest hit areas of Florida and Texas. This ties directly
into the laws of demand. Let's use produce as an example. A rudimentary consumer has been culled
and is shown an appealing exhibit of heads ... Show more content on Helpwriting.net ...
Some consumers may not like the product at all, in which case they would be inclined to buy very
little (if any) even at a low price. It's clearly seen that everyone has their own tastes or predilections
and one of the captivating features of a free market economy is the latitude consumers have for
expressing and indulging these predilections. With a few intriguing exceptions, such as certain
drugs, consumers in free market economies are constrained only by their incomes when it comes to
deciding what they will buy or reluct to buy. They are free to change their minds, a possibility
advertisers appear to take quite solemnly. Another huge influence on demand is the consumer's
income. A change in a consumer's income might cause a significant change in the quantities of
particular goods that consumer would want to purchase at different prices. What the change might
actually be is difficult to suggest, for the effect could be either positive or negative depending on
how being richer or poorer affects a person's demand for a commodity like lettuce. If the
relationship is positive, with the demand increasing with income, the good is said to be a normal
good, and this is probably the case for most generally available commodities. If there is a negative
relationship between income and the demand for a particular good, with less of it being purchased as
income rises, the good would be defined as an inferior good. Another
... Get more on HelpWriting.net ...
23. European Competition Law And Policy
This essay will analyse European competition law and policy to ascertain the values and
characteristics that serve as its foundation. First, this essay will give a brief outline of competition
and the significance of competition law and policy. Subsequently, this essay will give an explanation
of the values behind European competition law and policy, which are consumer welfare, economic
efficiency and economic freedom. The values will incorporate Articles 101 and 102 TFEU along
with reference to the Chicago school of competition analysis and ordoliberalism.
Competition occurs in a free market economy where firms will endeavour to achieve business
objectives which adapt according to interactions with consumers. These objectives are profits, sales
or market share. Competition is essential for a properly functioning market as firms will be placed
under competitive pressure to provide consumers with a comprehensive choice of goods and
services at the most favourable prices. In a free market economy, government regulations or
restrictions are not applied in this economic system. Instead, it is determined by supply and demand
which directs the production of goods and services. The premise of a free market is competition
between firms to enable increased consumer welfare while promoting innovation and efficiency as
there will be lower prices and products of better quality. For competition to be effective in a free
market economy, it must be protected by competition law and
... Get more on HelpWriting.net ...
24. Economics: The Definition Of Law And Economics
I. Introduction
The essay explains about law and economic. Before we begin our outline about law and economic, it
is useful to know what is the definition of law and economics or economic analysis of law. David
Friedman an American economist and legal scholar wrote that the definition of law and economics
is an application of economic theory (specially microeconomic theory) to the analysis of law.
Economic ideas are used to describe the effects of laws, to measure which legal rules are
economically efficient, and to predict which legal rules will be enacted. Further, law and economics
can be interpreted as the application of economics theory primarily microeconomics and the
fundamental ideas of welfare economics, to observe the formation, structure, processes, and
economic impact of law and legal institutions.
The essential characteristic of economic analysis of law is the economist's hypothesis of rationality
that individual have objective and be likely to act in the way that shall get them. In the case of law,
which assumption applies to all of the people implicated criminals, victims, plaintiffs, defendants,
attorneys, judges. Moreover, the connection between law and economics is not new. The economic
approaches can be found in the writing and work of American Institutionalist at school. Currently,
the economic approaches occurred in the ... Show more content on Helpwriting.net ...
Positive legal economic analysis explains what is, and there are two elements on this analysis in law
and economic. One element tries to arrange a description of the factor and forces governing the
determination of economic welfare in society. It includes explaining the connection between the
economy and authorities and the ongoing rebuilding of the economy. The second instrument
comprises applying economic theory and the equipment of econometrics to estimate the direct and
indirect effect of alternative legal doctrines, legal rules, and property
... Get more on HelpWriting.net ...
25. Article Analysis 6
In today 's society, the rush of supply and demand runs the ever–living world that many people call
home. It runs so well that many have found ways to use this tool and create a mountain of riches that
most will never see. To understand this mountain and incorporate a successful plan, society needs to
understand how this mountain was built. It begins with a covering known as economics that leads to
a multitude root system known as microeconomics only to be fed by the morsels of supply and
demand. Though what seems simple in building this mountain, many factors exist waiting for their
chance to cause destruction. However, to understand our quest to the top, consumers must
understand the clues that are defined as economics, ... Show more content on Helpwriting.net ...
The Internet has also changed the way students learn. Online classes are more readily available
compared to several years ago. By means of online classes more adult students pursuing higher
education are able to make that dream become a reality. Students attending online classes offer
different viewpoints with fellow students and are able to communicate without feeling that a correct
answer needs to be given.
Of course the Internet brings lots of competition among retailers, which affects the supply
conditions within an industry. Companies overseas are able to place their products on the net, which
in return expands their market, and therefore sell to a larger area this causes force of lower prices
and creates a greater incentive for sellers to set apart their products or services.
The article emphasized on how changes in information technology can influence supply conditions
in the market with the following example, Encyclopedia Britannica. Encyclopedia Britannica at one
point was a very expensive set of research books that parents would purchase to help their child 's
education, however now with the internet available with many "free" online encyclopedias,
Britannica has had to market their product other ways. They now have a CD–ROM available, which
contains things such as video clips, audio clips, and pictures. This new Britannica format is less
expensive as the books.
The Internet offers so many different things to many different people.
... Get more on HelpWriting.net ...
26. Durkheim And Marx Research Paper
Durkheim and Marx ideas of law are completely different. For one, I understand as a citizen of this
country that law is comprise with all aspects of our social life. The legal system is intertwined with
the ideas, aims, purposes, and actions of society. It's all about social control and social change, by
setting out rules for society whether is positive or negative. The law has been in our nation
developments for centuries, for the fear social chaos. That is the general thinking of law for any
country but Durkheim and Marx go more in depth of who control laws and what is really comprise
of.
Marx theorize that law is an economic social power. Law and economic power have a reciprocal
relationship. The legal system is control by the elite the 1%, and they create policies to better their
life. Capitalism is directly influence by political by ... Show more content on Helpwriting.net ...
Our founding fathers were elites that try to wipe out the Native American, and created slavery for
African Americans. Once America was not owned by England, they created laws that were
beneficial for them. They create Declaration of independence, the constitution, the bill of rights, and
so many other documents. When they were writing the document, they were not thinking about
Native Americans, African American and the poor, instead they were worry about their land and
resources that they took. I believe that capitalism drives the law. Most of the problem and debate
that we have in this is the racially poor families. The voices are not being heard and that why we
have the continuous problems in America. You also look at criminal cases were the rich white man
could get a better and lesser charge than any other race and class. I do agree in some of Durkheim
ideas. In some aspect the law could be influence by collective consciousness, especially in criminal
law. However, economic capital makes a bigger amount impact on the legal
... Get more on HelpWriting.net ...
27. Economic Factors That Affect Small Business
Small businesses are an integral part of the economy of any country. They employ many and act as
an income source to governments. However, in comparison to the large enterprises, small businesses
tend to be vulnerable to various economic activities and changes due to their nature in size. Over
time, the economic factors have proved either a challenge or a boost to the growth and expansion of
these businesses. Among the various economic activities that affect various businesses is the
economic slowdown and government legislation. An Economic slowdown can result in grave
consequences for long–term businesses whereas government legislations can either create a new
market sector or close down existing sectors. Economic factors have a massive impact on how small
businesses operate and tend to dictate their success or failure.
There exist different economies, and various questions arise when it comes to the ideal capitalist
economy of a small business. Small businesses tend to perform better in competitive economies.
When compared to selling goods, service industry would be the best suitable to offer in a capitalist
economy. Consumers usually portray a spendthrift behavior whenever they are in need of a service
that they deem essential but can afford the luxury of having someone provide it to them. On the
other hand, economic factors are likely to influence the quantity of goods and services offered in the
service industry. Such a situation affects almost all small businesses'
... Get more on HelpWriting.net ...
28. Contract Law From Law And Economics Perspective
b. Contract Law from Law and Economics Perspective
Voluntary exchange is of the utmost importance in being able to transfer resources from less to more
valuable uses and to the hands of those that value them the most. This process of exchange does not
face many obstacles when the parties to a transaction can perform their obligations in a
simultaneous manner. In today's world, most transfers of resources occur through contracts and
require agreements as to how, where, and at what price the transfer will occur at some time in the
future. This is why protection of contract rights is essential.
While voluntary exchange would not necessarily break down entirely without any form of contract
law, it would be highly inefficient. In a legal ... Show more content on Helpwriting.net ...
If efficiency is not enforced through contract law it will bias investment toward economic activity
that can only be conducted in a short time period. This will reduce efficiency in the market and lead
to misallocation of resources.
Here is a simple example of how the lack of contract law's existence would affect how parties
interacted in the sale of goods and services. Professor Chrisman has advertised that he has a hog (not
to be confused with a pig), worth $100 to him, for sale and now has two potential purchasers. Buyer
one, Professor Todd, has offered to purchase the hog today from $150 (he is risk adverse and
believes that price of pigs is going to increase drastically over the next year). Buyer two, Professor
Hesch, has offered to purchase the hog next Saturday at graduation for $200. If Professor Chrisman
lives in a system without contract law he will accept Professor Todd's offer of $150 today because
he will be worried that Professor Hesch will change his mind before graduation and Professor Todd
will have bought another hog. The law's failure to enforce contract law has caused an inefficient
misallocation of resources because Professor Chrisman cannot enforce the promise made by
Professor Hesch and will not be incentivized to take the risk of selling the hog to him.
The single purpose and goal of all contract law is to impose contract liability only where it creates
incentives to encourage value maximizing conduct in the future.
... Get more on HelpWriting.net ...
29. Essay about Union Carbide
Q #1 The factors I would consider in setting a just financial compensation for each of the victims are
as follows:
* Compensation for dead victims be paid according to the standards of death compensation to their
families.
* Seriously injured victims be paid a month to meet their food, medical needs, living expenses,
medical expenses, back pay due to injury.
* Victims with minor injuries be paid as a one time compensation for medical costs and economic
hardship.
Q #2 Stakeholder analysis, specifying to the extent or degree stakeholders should be held
responsible for the accident.
According to Article 14 of UN Norms, transnational corporations and other business enterprises are
responsible for the environmental and ... Show more content on Helpwriting.net ...
Race, class, gender, pragmatism, social justice, and other sociological factors play an important role
in many tort cases as well. There are many tort law perspectives by which a tort case can be
analyzed namely: Law and Economics; Corrective Justice; Critical Race Theory; Critical Feminism;
Pragmatism; and Social Justice. In this essay I am mainly bringing out the facts of the tragedy and
the importance of Law and Economic Perspective, which favors an industry such as the Union
Carbide Corporation (UCC) in this case, and also the Social Justice Perspective, which speaks in
favor of the people of Bhopal.
Law and economics is an interdisciplinary field that applies economic theory to examine the
formation and the impact of tort law and the tort damages. It focuses mainly on deterrence, paying
little attention to justice, fairness, or distribution. It is a tool to assess the costs and benefits that
UCC was looking as an outcome of setting up a plant in India – Union Carbide India Ltd (UCIL) – a
subsidiary of the Union Carbide Corporation (UCC). We need to determine who bears the burden of
the injury and if this injury caused by UCC are compensable to what extent. Two important forms of
tort law, which can be used to analyze, are Positivistic Economics and the Normative Economics.
Positive economics describes how legal rules influence
... Get more on HelpWriting.net ...
30. Essay on Environmental Laws vs. Economic Freedom
Sustainability
Vega–Gordilio and Alvarez–Arce (2003) states economic freedoms exist in the following
conditions; property acquired without the use of force, fraud, or theft is protected from physical
invasions by others. Economic freedoms exist when individuals are free to use, exchange, or give
their property to another as long as their actions do not violate the identical rights of others (Vega–
Gordilio & Alvarez–Arce, 2003). Environmental laws are established by the Environmental
Protection Agency (EPA) who works with state, federal, and other government agencies to issue
limitations on individuals and organizations in order to protect the environment, endangered species,
and others from harm (Coons, 2009).
The United States is a ... Show more content on Helpwriting.net ...
Providing society with an increase of economic freedom will likely increase harm to the
environment (Ozler & Obach, 2009). Ozler and Obach (2009), states that the less freedom afforded
for capitalism through government regulations, the better the ecological footprint. Government
penalties and regulations require businesses to dedicate funds and resources to avoid harming the
environment. Endangering the ecology presents the choice of saving lives or spending money.
Almost everyone would vote to save lives but in many cases businesses will vote for legislation that
will increase the organization's bottom line (Smith & Jeffreys, n.d.). Government intervention is
needed for the protection of the environment, which subsequently protects the human race.
Federal air quality regulations, regulatory protection for endangered species, federal programs for
the cleanup of hazardous waste sites, the Clean Water Act, and Federal mandates for automobile fuel
efficiency, are just a few of the laws imposed by the government to protect the environment. Many
of government programs are costly for businesses and some even counter–productive. Government
intervention is called for when market activities impact environmental quality (Frazier, 2003).
Fulton (2010), states that the heavy environmental regulations have actually strengthened the
economy. The regulations imposed by the government put pressures on private business to comply.
As
... Get more on HelpWriting.net ...
31. Case Study Of Ronald Harry Coase
Ronald Harry Coase
Ronald Harry Coase (29.12.1910 – 02.09.2013), was a famous British Economist and author. The
main part of his live, he was a professor at the University of Law School in Chicago. He started
studying with the University of London External Programme in 1927. After, he entered the London
School of Economics. Coase believed that economists should study real markets and not only
markets in theory. Besides, he established the case for the corporation as a means to pay the costs of
operating a marketplace. He is most famous for two articles: "The Nature of the Firm" (1937),
where he provides a solution to the question: 'Why do firms exists' and introduces the concept of
transaction costs, and "The Problem of Social Cost" (1960), ... Show more content on
Helpwriting.net ...
Mease offered an example with honey bees, in which he tried to explain the externality problem,
where in his opinion; the Coase Theorem does not provide a practical solution. When bees graze on
the flowers of various crops, neighbouring farmers benefit the beekeepers in that area. However,
when the farmers do not benefit themselves; they have a low incentive to grow nectar rich crops.
Meade argued that since bees are assumed not respecting property rights or keep contracts, there is
no practical way of applying the Coase Theorem. Either the farmers must be subsidized or the
inefficiency of joint production of crops and honey must be accepted. (Meade, 1952) Important note
is that Meade wrote this article before the article of Coase was published, so not in a response. In
two later articles, supports of Coase demonstrated that the criticism of Meade was wrong. They
showed that contracts between beekeepers and farmers had been common practise in the industry
already. (Friedman, n.d.) Even though the Coase Theorem solves this practical problem, the
assumption that it will solve all problems cannot be made. However, it does imply that it may
provide a solution to a wider scope of problems that at first guess were
... Get more on HelpWriting.net ...
32. Mercantilism's Effect On The American Rebellion In 1776
The theory of mercantilism is a belief that wealth is power. This led many countries to become
money hungry because the countries wanted to be powerful. Great Britain believed in mercantilism,
as shown in its interactions with its colonies in America. Mercantilism is shown economically
through the many laws that Britain passed that taxed the colonies. In addition, it is shown socially
through the colonists' cries of "No taxation without representation." Without a doubt, mercantilism's
economic effects led Americans to rebel in 1776. However, mercantilism's social effects had an even
bigger effect on the colonies rebelling from Great Britain.
Mercantilism is a theory that wealth is power. This theory states that a country's wealth, and
therefore its power, can be ... Show more content on Helpwriting.net ...
The Stamp Act shows the major social effect of these taxes. The colonies were so angry about the
Stamp Act, that on the day it was supposed to go into effect, it could not because there was no one
left to sell the stamps. All of the stamp sellers had been scared or forced out of office by the
colonists. The effects of mercantilism were also seen through the colonists' cry of "No taxation
without representation." They were against all of the taxes Britain set up in the colonies due to the
mercantilist system. The colonists were not directly represented in Britain's parliament, so getting
taxed by Britain irritated the colonists. One final social effect of the mercantilist system of Great
Britain was the nonimportation agreements the colonists had. The colonists agreed to not import
things from Britain and instead make the things themselves. These agreements were also designed to
hurt Britain, since the colonies were a major source of imports and exports for Britain. The social
effects all show how the colonists were tired of taxing, and therefore thought it would be better to be
their own country instead of
... Get more on HelpWriting.net ...
33. Adam Smith's View Of Capitalism
Q3. Adam Smith was a professor at the University of Glasgow, Scotland. Adam Smith defended the
ideas of a free economy or a free market. He wrote about his ideas in his book The Wealth of
Nations. In his book, he addressed three main claims that he believed backed up his thesis of
capitalism. Capitalism is an economic system in which the production is privately owned and money
is invested for the purpose of a profit. Adam Smith's main belief was that the government should
have no control within a business.
Adam Smith was the founder of the capitalism theory. He strongly believed that the government
should not interfere with the businesses. To back up his claims about the government, he wrote his
own book setting forth his own ideas on the topic. ... Show more content on Helpwriting.net ...
Adam Smith would argue that competition would force people to make better products. Honestly, I
would agree with his claim on competition. I agree because, when you are faced with competition,
you want to make yourself better than the other person. For example, if you had your on business
and someone else decided to start up a business similar to yours, competition would begin quickly.
The other new business would come as a threat, you would need to ensure that your current
consumers stayed with your business. If you began to lose consumers to your competitor, your
business would not last very long. With Adam Smith's law of competition, it would quite literally
force business owners to make better products. Consumers were looking for the best product with
the cheapest price. For example, your business sold a phenomenal product; however, your latest
rival also sold the same satisfying product for a cheaper price. The consumer would learn more
towards the business that sold the product for the lower price. In the end, as a business owner, you
would want to sell the best quality of your product at the lowest price possible. The law of
competition would ensure the consumer with a win–win situation, consider the quality and low price
of the
... Get more on HelpWriting.net ...
34. The Law Is Not Equally Distributed amongst Different...
This paper will show that the law is not equally distributed amongst different economic classes.
Crack vs Cocaine are both derived from cocaine yet the free base form is cheaper and more
available to the lower social–economic class yet the punishment is outrageously disproportionate.
Those who have been charger in both classes, wealthy and poor are both promised a fair and speedy
trial yet they aren't given the same resources due to financial means.
Separate but equal
There are multiple issues that concern me in the criminal justice system. However one stands out
above the rest, as it has been a problem since the establishment of our country, and although it has
greatly changed; the fact that it exists is still shocking and disheartening. Laws are not equally
created and punishment is not equally distributed amongst people of different economic class. Laws
benefit the wealthy people while punishing the lower economic class. The outright practice and
flaunting of this policy/procedure is a major issue in the criminal justice system.
Crack vs. Cocaine Laws
In the 1980s, the criticizers of the American criminal–justice system complained that the penalties
for possession of crack cocaine were far more severe than the penalties for possession of powder
cocaine. Powder cocaine users were typically white, while Crack cocaine overpowered urban black
communities in America. The federal government wanted to cleanup the problem by ordering severe
prison sentences for those people
... Get more on HelpWriting.net ...
35. Eu Economic Law, Freedom of Establishment
Art 49 is the base. In the handout. It talks about nationals of a MS, if you are a national of a non MS,
you can't rely on this provision. This applies to nationals of a MS or companies that are established
in MS. We can't deal with freedom of movement of companies, as that's a highly complicated area
and beyond our scope. There are a couple of logical steps in order to deduce whether there is a
breach by a member state in your particular case. 1. Is the situation really one where establishment
is at issue? 2. Is there a cross–border issue involved, you can only rely on the internal market rules
only if you're moving into another MS, there must be some element of moving or trying to move?
This can lead to anomalies for an example ... Show more content on Helpwriting.net ...
It concerned a lawyer, Mr. Klopp, a German national, a member of the Dusseldorf bar in Germany,
he wanted to set up another office in Paris, in addition to his chambers in Dusseldorf. The French
Bar rejected, saying that you could only have one set of chambers to join the French Bar and this bar
must be in Paris. The Parisian bar argued that it was a consumer protection issue. If a client goes to
an avocet, to protect the service and deal with problems, you need to be present and professional
supervision require just one place of location. The court accepted that and lauded the necessity of
protecting consumers, but the court held that it was disproportionate. It is not enough for the rule to
be accepted in principle, it must also be proportional. d) Right to Equal Treatment in Accessing and
Exercising a self–employed activity There is a fundamental difference in the way that the court
treats direct discrimination and indirect discrimination. Direct – discriminatory on the face of the
mesure Indirect – measure that doesn't discriminate on its face but it discriminates in practice. (i) No
Direct Discrimination on grounds of nationality. MS confined to express treaty derogations, PH, PS
and PS Reyners [1974] Not really a problem anymore as member states have changed laws or don't
legislate foolishly anymore. (ii) No Indirect Discrimination on grounds of nationality You can rely
on above exceptions plus possibility of
... Get more on HelpWriting.net ...
36. An Introduction to the Law and Economics of Intellectual...
American Economic Association
An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and
Leo J. Raskind Reviewed work(s): Source: The Journal of Economic Perspectives, Vol. 5, No. 1
(Winter, 1991), pp. 3–27 Published by: American Economic Association Stable URL:
http://www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use,
available at . http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not–for–profit
service that helps scholars, researchers, and students discover, use, and build upon a wide range of
content in a trusted digital archive. We use information technology and tools to increase ... Show
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It is intended both to provide thumbnail descriptions of the various intellectual property regimes to
economists working in this area and to indicate where additional economic research might be useful.
The other papers in this symposium provide important examples of ongoing research on the
economics of intellectual property. Suzanne Scotchmer analyzes the complex effects of patent
protection when innovation is cumulative. Rather than analyzing situations in which several firms
vie to develop the same innovation–the approach of the "patent race" literature–her analysis
examines circumstances in which only one firm can develop an initial innovation but others can also
build upon it. She focuses on how the incentive to develop both the initial and subsequent inventions
may be affected by the scope of patent protection. Janusz Ordover considers ways of adjusting the
patent system that may help to both provide returns to the inventor, and encourage the diffusion of
the innovation in the economy. His paper is part of a line of work that explores the place of the
intellectual property system among the large number of institutions that affect the amount and nature
of research and development that takes place. In the final paper, David
... Get more on HelpWriting.net ...
37. Impact Of Economic Regulations On Monopolies
It is true that economic regulations have several impacts on monopolies. The economic and societal
dangers of monopolies are clear. To combat the effects of these large corporations, the government
has uses both regulatory legislation and court cases, to regulate monopolistic businesses. Though the
U.S has followed varied strategies, the aim of restricting market hegemony has been relatively
constant. Though examples of attempts at government regulation are widespread, three stand out
from the rest: the 19th Century railroads, Microsoft, and IBM.
It is true that antitrust laws that are aimed to curb monopolistic behaviors help to promote
competition in the market. Antitrust laws endeavor to encourage competition and promote the
production of
... Get more on HelpWriting.net ...
38. Doctrine Of Preemption And Federal Law
a) Under the doctrine of preemption, federal law preempts state law, even when the laws conflict.
The doctrine of preemption is based on the Supremacy Clause established under Article VI of the
U.S. Constitution which dictates that federal law "shall be the supreme Law of the Land." b) There
are two categories of preemption supporting federal law's dominion over state law; preemption of
field, and preemption of conflict. Preemption of field can be express or implied. Express preemption
occurs when federal law supplants state authority in a particular field, and implied preemption
occurs when federal law regulates so heavily as to leave little room for state law. Preemption of
conflict occurs when state law conflicts with federal law. Two
... Get more on HelpWriting.net ...
39. Western World Monarchy
In Chapter 12 of The Rise of the Western World, the monarchy was checked by the Parliament
which eventually led to efficient property rights and economic development. Major reason power of
the monarchy was reduced was out of fear that the crown would infringe on property rights; once
the monarchy was checked property rights were deemed to be protected by Common Law. England,
similar to France and Spain, had an unchecked executive that attempted to infringe on property
rights. They were solely concerned with identifying new sources of revenue regardless of the impact
on the economy as a whole. The monarchy in England confiscated church lands and allowed special
grants and privileges and collected number of fees to increase the revenue flow (146). ... Show more
content on Helpwriting.net ...
He secured common law over the development of commercial law and allied the Parliament with
common law (147). In addition to advocating the supremacy of the common law he also strived to
end the monopolistic privileges endowed by the crown. The Glorious Revolution ensured that
England would have a constitutional monarchy in which Parliament had the majority of the power
and after the Restoration, Parliament became dominant (149). As the Parliament rose, efficient
property rights were embed into the common
... Get more on HelpWriting.net ...
40. Business Laws And Ethic Hinder Your Company 's Economic...
When deciding where in the world it is best to start a potential business or form a mutually
beneficial merger; What factors do you consider? Do you wonder if your own societal rules,
customs and values will clash with those of your new place of business? Would potential countries
business laws and ethic hinder your company's economic growth; or will those laws provide you
aid. There are a number of factors one needs to consider when deciding where to move or start your
business, these are but a few.
1. Societal customs and values
China is a diverse country well known for its traditions and work ethic. Their culture focuses on the
wellbeing of the group over that of the individual; as such, they as a culture are very hard working
and will often go above and beyond the call of duty. Heavy emphasis is placed on integrity and
formality particularly those involving socializing. Introductions in china are as integral if not more
than in the united states; careful attention must be placed in how one approaches and introduces
themselves lest they make faux pas. In China rules concerning social etiquette forms not only the
basis for propriety, but also basis for many for their traditions. In a country who believes that all that
swims, crawls, slimes and walks is food; it is not surprising how large a role how food is eaten plays
into the culture. Introductions:
Typically begin with a bow or a preferably a nod of the head with the given meaning that you are
respecting a person
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