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Legislative Balancing through Intergovernmental Bargaining

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter Seven proposes a more modest modification to the anti-commandeering rule, requiring judicial deference to consensual state-federal legislative bargaining over federalism entitlements. ... More


Puts as Well as Calls

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0002
Subject:
Economics and Finance, Econometrics

Guido Calabresi and Douglas Melamed began a scholarly revolution by showing that legal entitlements have two readily distinguishable types of protection: property rules and liability rules. These two ... More


Guilds and Governments

Sheilagh Ogilvie

in The European Guilds

Published in print:
2019
Published Online:
May 2019
ISBN:
9780691137544
eISBN:
9780691185101
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691137544.003.0002
Subject:
Economics and Finance, Economic History

This chapter examines how a guild got privileges over particular economic activities. Though guilds are sometimes called private-order institutions, in practice they were recognized by the public ... More


Optional Law: The Structure of Legal Entitlements

Ian Ayres

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.001.0001
Subject:
Economics and Finance, Econometrics

Spurred by the advances in option theory that have been remaking financial and economic scholarship over the past thirty years, a revolution is taking shape in the way legal scholars conceptualize ... More


The Bill of Options?

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0001
Subject:
Economics and Finance, Econometrics

Advances in option theory count as some of the most important and pragmatic developments in economic thought in the last twenty-eight years. One of the most important contributions of option theory ... More


Dual-Chooser Rules

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0004
Subject:
Economics and Finance, Econometrics

Beyond put options there are a dizzying array of “Pay or Be Paid” and “Pay or Pay” rules. But our understanding of liability rules is simultaneously simplified since it is shown that this double ... More


Correlated Values

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0006
Subject:
Economics and Finance, Econometrics

Scholars have often conceived the core difference between property rules and liability rules as the difference between protecting by deterrence and protecting by compensation. Property rules protect ... More


The Need to Become Fashionable

Supriya Routh

in The Capability Approach to Labour Law

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198836087
eISBN:
9780191873447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198836087.003.0006
Subject:
Law, Employment Law

This chapter evaluates the capability approach both in its ability to justify the traditional account of labour law and in its usefulness in furthering a newer conceptual articulation of regulation ... More


On the Legitimacy of Expectations

Alexander Brown

in A Theory of Legitimate Expectations for Public Administration

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198812753
eISBN:
9780191851926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812753.003.0002
Subject:
Law, Constitutional and Administrative Law

Section I identifies the weaknesses in existing accounts which locate the legitimacy of expectations in underpinning laws and legal entitlements (the Law-Based Account), in the substantive justice of ... More


Multiple Takings

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0007
Subject:
Economics and Finance, Econometrics

Liability rules applied to tangible legal entitlements might give rise to problems of reciprocal takings in which a plaintiff and defendant engage in a protracted (and potentially endless) series of ... More


The consequences of failure

Anand Grover, Brian Citro, and Mihir Mankad

in Advancing the Human Right to Health

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661619
eISBN:
9780191765056
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661619.003.0029
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter examines four essential aspects of the right to health: the right as a legal entitlement in domestic law; the prioritization of the needs of vulnerable or marginalized groups; the ... More


A Quantitative Analysis of the Partisan Politics of Risk Protection

Carsten Jensen

in The Right and the Welfare State

Published in print:
2014
Published Online:
September 2014
ISBN:
9780199678419
eISBN:
9780191757822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678419.003.0004
Subject:
Political Science, Democratization, Comparative Politics

In this chapter, a large-N quantitative dataset covering 23 countries from 1980 to 2007 is analyzed. Two main results emerge. First and foremost, the Right has a strong negative effect on ... More


Disability and education in historical perspective

Anne Borsay

in Education, disability and social policy

Published in print:
2011
Published Online:
March 2012
ISBN:
9781847423375
eISBN:
9781447302186
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847423375.003.0001
Subject:
Sociology, Social Stratification, Inequality, and Mobility

This chapter provides an assessment of the historical development of education for disabled children. It focuses on Britain between the late eighteenth century and the early 1980s. The chapter looks ... More


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