The art of law & macroeconomics

In the world’s current condition of macroeconomic turmoil, a justifiable question arises: what is the contribution that legal scholars, as opposed to economists, can make to macroeconomic regulation? Since mainstream Law & Economics scholarship adapts much more easily to micro (rather than macro) economics, an alternative paradigm is needed. I propose that legal scholars explore the Art of Law & Macroeconomics, a concept that links legal knowledge and the art of economics. Legal scholars are therefore expected to offer policy advice based on their understanding of the internal rationality and structure of the legal system.

A Law and Economics Analysis of Trade Secrets: Optimal Scope of Law, Misappropriation and Alternative Damages Regimes

This thesis is primarily based on three core chapters, focused on the fundamental issues of trade secrets law. The goal of this thesis is to come up with policy recommendations to improve legal structure governing trade secrets. The focal points of this research are the following. What is the optimal scope of trade secrets law? How does it depend on the market characteristics such as degree of product differentiation between competing products? What factors need to be considered to balance the contradicting objectives of promoting innovation and knowledge diffusion? The second strand of this research focuses on the desirability of lost profits or unjust enrichment damage regimes in case of misappropriation of a trade secret. A comparison between these regimes is made and simple policy implications are extracted from the analysis. The last part of this research is an empirical analysis of a possible relationship between trade secrets sharing and misappropriation instances faced by firms.

A candle clock, recto, folio from Kitab fi ma`arifat al-hiyal al-handisaya (The book of knowledge of ingenious mechanical devices) Automata by al-Jazari

1 ft. 1/8 in.x 8 5/8 in.; ink, opaque watercolor and gold on paper

A musical toy in the form of a boat folio from Kitab fi ma'arifat al-hiyal al-handisaya (the book of knowledge of ingenious mechanical devices) Automata by al-Jazari

11 57/64 in.x 8 35/64 in.; ink, opaque watercolor and gold on paper

Automata by al-Jazari, The face of a water clock with Zodiac signs, folio from the Kitab fi ma'arifat al-hiyal al-handisaya (the book of knowledge of ingenious mechanical devices) Automata by al-Jazari

1 ft. 13/32 in.x 8 5/8 in.; ink, opaque watercolor and gold on paper

Two drinking men, folio from the Kitab fi ma'arifat al-hiyal al-handisaya (the book of knowledge of ingenious mechanical devices) Automata by al-Jazari

1 ft. 11/64 in.x 8 1/32 in.; ink, opaque watercolor and gold on paper

The basin of the two scribes, folio from the Kitab fi ma'arifat al-hiyal al-handisaya (the book of knowledge of ingenious mechanical devices) Automata by al-Jazari

1 ft. 1/8 in.x 7 3/4 in.; ink, opaque watercolor and gold on paper

verso: text and illustration: The water clock of the drummers from Kitab fi ma'arifat al-hiyal al-handisaya (The book of knowledge of ingenious mechanical devices) Automata by al-Jazari)

ink, opaque watercolor and gold on paper

The Elephant Clock", from a Book of the Knowledge of Ingenious Mechanical Devices by al-Jazar

11 13/16 in.x 7 3/4 in.; ink, opaque watercolor, and gold on paper

The role of law and ethics in developing business management as a profession

Currently, business management is far from being recognised as a profession. This paper suggests that a professional spirit should be developed which could function as a filter of commercial reasoning. Broadly, management will not be organised within the framework of a well-established profession unless formal knowledge, licensing, professional autonomy and professional codes of conduct are developed sufficiently. In developing business management as a profession, law may play a key role. Where the idea is that business management should be more professsionalised, managers must show that they are willing to adopt ethical values, while arriving at business decisions. The paper argues that ethics cannot survive without legal regulation, which, in turn, will not be supported by law unless lawyers can find alternative solutions to the large mechanisms of the official society, secured by the monopolised coercion of the nation state. From a micro perspective of law and business ethics, communities can be developed with their own conventions, rules and standards that are generated and sanctioned within the boundaries of the communities themselves.

An assessment of legal knowledge of preservice teachers completing accredited teacher education programs in South Florida

The purpose of the study was to assess the legal knowledge of preservice teachers completing their educational training at accredited South Florida universities. The population consisted of 372 preservice kindergarten through twelfth grade teachers completing their educational training in any area of public school education.^ The researcher selected areas of school law to assess based on nationwide studies of litigation involving teachers and school boards, the areas most pertinent to the teachers' daily activities and responsibilities. A forty-item instrument was developed and administered to preservice teachers at six South Florida public and private universities. The areas of school law surveyed were tort liability, teachers' rights as instructors and employees, and students' rights. The research questions asked if preservice teachers possess a fundamental knowledge of school law in any of the identified areas and if a significant difference of legal knowledge existed when comparing preservice teachers by university and comparing preservice elementary and preservice secondary teachers. The criteria for a fundamental knowledge of school law was established as scoring 80% or above on the total survey or any area of school law.^ Conclusions. (1) On the overall survey, the preservice teachers did not exhibit a fundamental knowledge of school law. The mean score was 64.2%, with 11.6% of the respondents scoring at or above the 80% level. (2) The preservice teachers did not possess a fundamental knowledge of school law in any of the three areas of school law, though the survey revealed a difference in the preservice teachers' knowledge in the specific areas. The scores were tort liability, 71.9%; teachers' rights, 65%; and students' rights, 52.3%. (3) A significant difference did not exist between elementary and secondary preservice teachers' knowledge of school law. (4) A significant difference did not exist among the preservice teachers' knowledge of school law when compared by university.^ The study suggested a need for increased instruction in these areas of school law to preservice teachers prior to the beginning of their teaching careers. ^

Elementary classroom teachers' knowledge of tort liability for negligence

The purpose of this research study was to investigate the legal knowledge of Florida's public elementary classroom teachers in the area of tort liability for negligence. A second purpose of the study was to assess the knowledge of school law in the area of negligence according to specific variables to determine if significant differences in knowledge existed among groups of teachers classified by: years of teaching experience, whether or not teachers took a school law course or inservice, college degree held and whether or not teachers had administrative experience. A validated survey instrument consisting of 22 scenarios based on decided court cases in the United States was utilized. These cases included court decisions ranging from 1938–1994, and represented the categories of duty and standard of care, proper instruction, proper supervision, proper maintenance, field trips, and post-injury treatment. ^ A random sample of 420 elementary classroom teachers were sent the survey instrument to complete, and a total of 309 surveys were returned producing a return rate of 77%. The results of this research study revealed that the overall level of legal knowledge of public elementary classroom teachers in the State of Florida produced a mean percent correct of 53%. The range of scores varied from 18%–82%, with the approximate average of correct answers of 12 out of 22. The category of proper instruction produced the lowest mean percent correct of 35%, and the area of post-injury treatment yielded the highest mean percent correct of 78%. ^ The findings of this study emphasize the necessity of preparing teachers regarding their legal rights, duties and responsibilities. The need for teachers to receive training at the preservice and inservice levels has become clear by this study. ^

Knowledge, spirit, law: book 1: radical scholarship

Knowledge, Spirit, Law is a de facto phenomenology of scholarship in the age of neoliberal capitalism. The eleven essays (plus Appendices) in Book 1: Radical Scholarship cover topics and circle themes related to the problems and crises specific to neoliberal academia, while proposing creative paths around the various obstructions. The obstructions include metrics-obsessed academia, circular and incestuous peer review, digitalization of research as stalking horse for text- and data-mining, and violation by global corporate fiat of Intellectual Property and the Moral Rights of Authors. These issues, while addressed obliquely in the main text, definitively inform the various proscriptive aspects of the essays and, via the Introduction and Appendices, underscore the necessity of developing new-old means to no obvious end in the production of knowledge — that is to say, a return to forms of non-instrumentalized intellectual inquiry. To be developed in two concurrent volumes, Knowledge, Spirit, Law will serve as a “moving and/or shifting anthology” of new forms of expression in humanistic studies. Book 2: The Anti-Capitalist Sublime will be published in Autumn 2016.