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Chapman Law Review 

About: Chapman Law Review is an academic journal. The journal publishes majorly in the area(s): Supreme court & Common law. Over the lifetime, 187 publications have been published receiving 632 citations.


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Journal Article
Mark Kende1
TL;DR: The most common assumption about the United States Constitution is that it protects negative rights as mentioned in this paper, whereas the International Covenant on Economic, Social, and Cultural Rights, as well as many foreign constitutions, require governments to affirmatively provide socio-economic necessities.
Abstract: One of the most common assumptions about the United States Constitution is that it protects negative rights.1 Yet the International Covenant on Economic, Social, and Cultural Rights, as well as many foreign constitutions, require governments to affirmatively provide socio-economic necessities.2 The theory is that liberty at least presumes subsistence. International human rights experts actually speak of three \"generations\" of rights. First generation rights are political and civil, and are usually negative rights.4 Second generation rights involve the government's socio-economic obligations, and are frequently positive rights.5 Finally, third generation rights are exemplified by the right to a clean and healthy environment, and are commonly called \"green\" rights.

27 citations

Journal Article
TL;DR: In this paper, the authors use the basic economic critique of rules and standards, and the example of antitrust law, to propose a standards-based regulation of entry that focuses directly on consumer protection.
Abstract: Laws that require a license to practice law are supposed to divide work that requires lawyerly expertise from work that does not. But the laws that draw this line generally show little evidence of the legal craft supposedly necessary to protect consumers who need "the practice of law." By adopting a definitional approach they often blend the worst features of both rules and standards. Among other things, such laws imply that anyone with a license is competent to "practice law," which is not true. The practice of law is not a unitary concept and definitional approches that treat it as one may create one of the very harms they seek to avoid -- sellers holding themselves out as qualified to do things they are not competent to do.This paper uses the basic economic critique of rules and standards, and the example of antitrust law, to propose a standards-based regulation of entry that focuses directly on consumer protection. Though it would not eliminate error costs, it would reduce them to the extent possible. It would also avoid the ironies that typify many UPL restrictions.

26 citations

Journal Article
TL;DR: Friedman as mentioned in this paper argued that the social responsibility of business is to earn profits, as long as those profits are earned honestly, without deception or fraud, and he became identified and is identified still as the leading opponent to the idea of the Social responsibility of corporations.
Abstract: Almost a half century ago, Milton Friedman wrote an article on the social responsibility of business for the New York Times Sunday Magazine.1 In the article, he restated what he had said in his book, Capitalism and Freedom,2 arguing that the social responsibility of business is to earn profits, as long as those profits are earned honestly, without deception or fraud. By publishing his arguments in the New York Times, Friedman reached a much wider audience. As a result, he became identified and is identified still as the leading opponent to the idea of the social responsibility of corporations.

23 citations

Journal Article
TL;DR: In this paper, the authors present voluminous empirical evidence demonstrating that the operation of the credit card market and consumer choice is consistent with rational decision-making subject to real-world constraints.
Abstract: The skyrocketing bankruptcy filing rates of recent years are well known. Some commentators and scholars have charged that the cause of the bankruptcy boom has been promiscuous lending by credit card issuers and irrational borrowing by credit card users. Spurred on by high-profits, it is argued that credit card issuers have extended ever-larger amounts of credit to ever-riskier borrowers. In turn, irrational consumers have borrowed ever increasing amounts, generating a downward spiral into bankruptcy. This theory rests on a substantial number of assumptions about the nature of the credit card market and the nature of rational credit card use by consumers. The thesis requires assuming that credit card users are homogenously concerned only about interest rates and not about any other term of the credit card contract, whether benefits, grace periods, or annual fees. In short, for the argument to be plausible, it requires a series of heroic assumptions about persistent profits in a market with low barriers to entry, a failure of competition in a market with all structural indicia of competitiveness, a peculiar and extraordinarily narrow definition of the indicia for measuring competition, and a failure of consumer rationality in a situation where there are strong incentives for consumers to act rationally and to learn over time. Alternatively, it could be argued that the credit card market is competitive and that consumers use credit cards rationally. As this article will show, both credit card issuers and consumers appear to act in a manner consistent with the predictions of economic theory. It is not necessary to rely on implausible assumptions about consumer irrationality or to devise idiosyncratic models of a failure of competition in the credit card market. This article will present voluminous empirical evidence - most of which has heretofore been ignored in the legal literature - demonstrating that the operation of the credit card market and consumer choice is consistent with rational decision-making subject to real-world constraints. Moreover, this suggests that there is some efficiency loss as a result of bankruptcy, and that at least some of the losses of credit card issuers are absorbed by other consumers. Finally the paper suggests some bankruptcy implications of a proper understanding of the nature of the credit card market and rational credit card use by consumers.

22 citations

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Performance
Metrics
No. of papers from the Journal in previous years
YearPapers
20203
20192
20185
20177
20166
201515