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Comment on “The Empirical Basis for Antitrust: Cartels, Mergers, and Remedies”
Get PDFIn this journal, James Langenfeld critically reviewed four of the present authors’ articles that analyze the size of cartel overcharges and their antitrust policy implications. In this comment, we explain why we believe Langenfeld errs in his criticism of our work. In particular, this comment discusses the variation in research quality of the sources used to compile a large sample of historical cartel overcharges; the advisability of trimming outliers or large estimates from the sample; alleged publication bias; why our 25% median estimate is much more likely to be correct than the US Sentencing Guideline’s 10% presumption; and the implications of the average cartel overcharges results for optimal deterrence and antitrust policy
Inmates, Incarcerated and In Love: Predicting How the United States Would Respond to Marriages between Inmates by Evaluating Case Law and The United Kingdom’s Decision
Get PDFLawyers, Clients & Narrative: A Framework for Law Students and Practitioners
No full textThis book is a new primary text for use by the full panoply of experiential courses, including clinical, externship, legal writing, practical, interviewing, negotiation, counseling, and trial/appellate advocacy. Using multimedia examples, including the podcast Serial, as well as exercises drawn from actual lawyering situations, this book describes, explores, and analyzes narrative as a pedagogy of lawyering. The book addresses the broad spectrum of skills and practice areas and fora that the profession increasingly demands.
This is a comprehensive book for using narrative, stories, and storytelling to develop more fully and effectively as a lawyer. The book provides the theory and information for planning for, conducting, and reflecting on various lawyering activities. In addition, the authors make the teaching relatable and transferable to a variety of contexts by using concrete examples drawn from their own extensive practice, writing, and teaching using lawyering and narrative.https://scholarworks.law.ubalt.edu/fac_books/1107/thumbnail.jp
The Italian Enlightenment and the American Revolution: Cesare Beccaria\u27s Forgotten Influence on American Law
Get PDFThe influence of the Italian Enlightenment—the Illuminismo—on the American Revolution has long been neglected. While historians regularly acknowledge the influence of European thinkers such as William Blackstone, John Locke and Montesquieu, Cesare Beccaria’s contributions to the origins and development of American law have largely been forgotten by twenty-first century Americans. In fact, Beccaria’s book, Dei delitti e delle pene (1764), translated into English as On Crimes and Punishments (1767), significantly shaped the views of American revolutionaries and lawmakers. The first four U.S. Presidents—George Washington, John Adams, Thomas Jefferson and James Madison—were inspired by Beccaria’s treatise and, in some cases, read it in the original Italian. On Crimes and Punishments helped to catalyze the American Revolution, and Beccaria’s anti-death penalty views materially shaped American thought on capital punishment, torture and cruelty. America’s foundational legal documents—the Declaration of Independence, the U.S. Constitution, and the U.S. Bill of Rights—were themselves shaped by Beccaria’s treatise and its insistence that laws be in writing and be enforced in a less arbitrary manner. John Adams, Thomas Jefferson, James Madison and Benjamin Franklin studied Italian and read or spoke the language to one degree or another, and many early Americans also had a fascination with Italian history and the civil law. Though On Crimes and Punishments is focused largely on the criminal law, the U.S. Constitution and its Bill of Rights—written documents protecting individual rights—echo the Beccarian idea of a fixed code of laws. Not only did leading figures of the Italian Enlightenment mold Beccaria’s work, but Beccaria’s treatise—now more than 250 years old—influenced a whole host of European and American thinkers, from Jeremy Bentham to Gaetano Filangieri and from James Wilson to Dr. Benjamin Rush. Beccaria’s ideas on government and the criminal justice system thereby profoundly shaped American law
The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust
Get PDFA revocable trust is a popular estate planning tool used to disinherit a spouse in sixteen jurisdictions. In common law jurisdictions, a surviving spouse, who is dissatisfied with his or her inheritance, has the right to receive an elective share of the decedent\u27s estate regardless of the decedent\u27s estate plan. However, sixteen jurisdictions have defined a dissatisfied spouse\u27s rights with a fractional share of the deceased spouse\u27s net probate estate, allowing one spouse to disinherit the other, by single-handedly transferring his or her assets to a revocable trust. To add insult to injury seven of these common law jurisdictions have recently codified trust law making it seamless for the decedent\u27s creditor to be paid from revocable trust assets. The elective share is one of few limitations imposed on testamentary freedom. Common law property jurisdictions have created a public policybased statute for married persons that prohibit the first-to-die spouse from disinheriting his or her surviving spouse. To avoid disinheritance, common law jurisdictions statutorily protect a surviving spouse (spouse) with an elective share. The elective share arose in the early nineteenth century as a replacement of dower and curtesy rights. At that time the nature of wealth shifting from real to personal property made dower and curtesy obsolete.
The elective share protected the spouse from disinheritance by guaranteeing him or her with a fractional share of the deceased spouse\u27s net probate estate, a method known as the traditional elective share.\u27 However, like the shift from real to personal property there has been a subsequent shift in wealth from probate to non-probate assets (like revocable trusts) making the traditional elective share equally obsolete and inadequate to protect a spouse from disinheritance