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  • Alexandre Zanotta
    Alexandre Zanotta, L.L.M. '06, bachelor of law (JD equivalent - 2000) and masters of law (2005) from the Pontifica Universidade Catolica de Sao Paulo (Brazil). Researches such subjects as Corporate, Securities, Banking and International Law.
  • Dan Larkin
    Dan Larkin, a corporate partner in the London office of Squire Sanders & Dempsey, focuses on developments, acquisitions and financings of real estate and infrastructure facilities.
  • David Evans
    David Evans, JD '61, QC, MA, LLM Cambridge, retired as a Senior Circuit Judge in '03. Practiced as a barrister '65-'87, interested in most fields of law including International Law.
  • Eduardo Baeza
    Eduardo Baeza, LLM' 05, is an associate at Simpson Thacher & Bartlett LLP in New York, and researches such subjects as Public International Law, Human Rights Law and Corporations.
  • Eva Garcia Bouzas
    Eva Garcia Bouzas, lawyer, researches such subjects as International Public Law, Human Rights and the Laws of war.
  • Fabio Polverino
    Fabio Polverino, LL.M.'06, researches on antitrust law issues, especially merger control and cartels. He is also interested in telecommunication regulation, corporate law and governance.
  • Konrad von Hoff
    Konrad von Hoff, LL.M.' 06, has special interest in employment law, international law, and law and economics and Germany.
  • Saul Levmore
    Saul Levmore is Dean of the University of Chicago Law School.

« March 2006 | Main | May 2006 »

April 27, 2006

Toward a Theory of Country Size

It is well known that following consolidation, during which it might have looked as if countries were destined to combine into a few supercountries, we entered a period of secession and disintegration, with the number of countries growing.  One puzzle associated with this is why there are so many federations.  What follows is the beginning of a theory of size and confederation - and I look forward to comments before putting this in the form of a full-blown theory.

My starting point is that resources are not spread evenly across regions, so that when one part of a country is rich (as from salt deposits (long ago) or natural harbors or oil reserves), it will prefer to be on its own in order not to share its wealth with a larger group.  But of course these pockets of wealth will be vulnerable to attack (trade wars and embargos for starters, but then military invasions too) if they are on their own and not in reliable alliances.  "Optimal" country size is thus about compromising security (which is positively correlated with size) with the cost of sharing valuable resources.  Risk averse people might agree on a large country size if they did not know whether they would be rich or poor, but once they discover regional wealth, that region can be expected to be exploited.

Continue reading "Toward a Theory of Country Size" »

April 24, 2006

Employees’ Misperception about their Rights

An interesting study shows that employees do not perceive to be employed at will. Pauline T. Kim, Bargaining with Imperfect Information: A Study of Worker Perceptions of Legal Protection in an At-Will World, 83 Cornell L. Rev. 105 (1997). The employees in such studies were presented with several descriptions of discharges of workers, identifying the reason for each discharge, and asking whether these discharges were lawful. The result showed a tendency that employees perceive to be better protected than they actually are by the employment at will doctrine and its exceptions in the respective states. They live under the impression that termination of their employment relationship is possible only for job-related reasons, which resembles much more the for cause rule than the at will doctrine that actually governs their employment. "Workers appear to systematically overestimate the protections afforded by law, believing that they have far greater rights against unjust or arbitrary discharges than they in fact have under an at-will contract." Kim, at 106.

While it seems plausible in many areas that laymen do not know the exact legal rules due to a lack of information, this systematic misperception poses a puzzle. The goal of this blog post is to show to what extend this misperception can be explained by systematic errors and biases tied to the heuristics that employees use to evaluate the degree of their legal protection. Furthermore, I will draw conclusions on what that means for the employment at will doctrine.

Continue reading "Employees’ Misperception about their Rights" »

April 18, 2006

The creation of the International Court for Cambodia

New Steps towards International Justice

Very significant news for the international human rights community flourished one month ago, when, on March 14th, the United Nations and the government of Cambodia signed a series of multiple agreements for the creation and establishment of the legal foundations for the Extraordinary Chambers in the Courts of Cambodia (ECCC), a special tribunal that will try Khmer Rouge leaders accused of horrific crimes, including mass killings and genocide.

Under these international agreements, a newly created ad hoc trial court and a Supreme Court within the Cambodian legal system will investigate those most responsible for crimes and serious violations of Cambodian and international law between April 17, 1975 and January 6, 1979.

The international community has witnessed that during the last decade, unprecedented steps have been taken to limit the impunity of atrocious war crimes and crimes against humanity. Since the early 1990´s we are witnessing the creation of new international criminal justice mechanisms which apply universal jurisdiction to hold perpetrators of the most serious crimes that the human race has ever committed.

Continue reading "The creation of the International Court for Cambodia" »

April 05, 2006

Has Globalization Become a Stale Cookie?

Something interesting is happening at this very moment in Europe. Something which is likely to teach a valuable and unforgettable lesson about the scope and the destiny of globalization.

The EU common market, the powerful engine behind European Union economic aggregation and growth rests on four fundamental freedoms: the free movement of goods, the free provision of services, the freedom of establishment and the free flow of capitals. 

Roughly speaking, free movement of goods means that there are no customs, tariffs or non-tariff barriers between EU Member States. Free provision of services means that anyone who is qualified to provide a service in a Member State can do the same in any other Member State. Freedom of establishment means that sudents, workers and corporations can elect their residence in any Member State without restrictions. Free flow of capitals means that investors may invest their capital in any Member State without nationality-based restrictions.

These fundamental (I would say constitutional) liberties of the European Union are now at jeopardy, due to the new taste of national governments for protectionism. The EU Commission sensed the threat posed to European aggregation and is fighting back to keep the common market open and competitive.

Continue reading "Has Globalization Become a Stale Cookie?" »