Dismissal policies in the united states and europe: Employment at will versus just cause

This article presents employment termination as a question of social justice. Two main competing models for legal rules governing the dismissal of individual employees are detailed: The U.S. modified Employment at Will approach and the common European Just Cause approach. A method of moral analysis is proposed for assessing the conflicting arguments behind each model. A series of questions are identified that can serve as a research program for arriving at a normative judgment concerning the relative moral merits of the competing models.     

Online platforms and pricing: Adapting abuse of dominance assessments to the economic reality of free products

Online platforms, which are at the forefront of today's economy, are subject to intensive competition law enforcement. However, the platform business model presents challenges for the application of competition law. Most notably, they appear to offer consumers a great number of their products for free. The explanation for most of these supposedly free products is offered by two-sided market theory: consumers may not be paying, but the ‘other’ side of the market is. This other side of the market often consists of advertisers, which pay the platform for access to the consumers’ information (to target advertisements) and attention (to show the advertisements). As many of these platforms are now potentially dominant, they come within the scope of competition law's abuse of dominance provision, including the doctrines of predatory and excessive pricing. These price-based theories need to adapt to the often price-less platform business model in order to prevent competition authorities from making both type I and type II enforcement errors. At the same time, competition law enforcement needs to consider—and at times give priority to—other branches of law that address abusive behaviour concerning free products. Through the use of case studies, this article therefore suggests ways in which abuse of dominance assessments can take into account the economic reality of free products.     

Income transfers,entrepreneurial effort,and the Coase theorem: The case for efficiency reconsidered

The Coase theorem asserts that private bargaining can overcome the difficulties posed by an externality situation and lead to a first-best allocative solution. For such idealized efficiency to be achieved, however, it is generally recognized that certain very special conditions must be met—including the assumption of zero transaction costs. In opposition to this view, the paper argues that the special simplifying conditions usually specified in the literature are not sufficient. Unless stringent supplementary conditions are introduced, private bargaining will not bring about a first-best solution. Indeed, if the standard assumptions are met but the supplementary conditions of the paper are not, government intervention in the externality case can be expected to produce a solution that is Pareto superior to the one generated by private bargaining.     

Cutting the Grass: A Reexamination of the Link between Marital Attachment,Delinquent Peers and Desistance from Marijuana Use

Recent work indicates that marriage contributes to desistance from crime. However, two prominent interpretations of this relationship have been offered. The first, rooted in informal control theory, suggests that the marriage effect is a direct result of social bonds that tend to accompany matrimony. The second contends that the effect is indirect and due to the impact of marriage on patterns of delinquent peer association. Using data from waves 5 and 6 of the National Youth Survey, this study re-analyzes these interpretations by examining the relationship between marital attachment, delinquent peer association and desistance from marijuana use. Although change in delinquent peer association is a powerful predictor of marijuana desistance, findings are also consistent with the control theory interpretation of the marriage effect. Implications and limitations of the current study are noted.A previous version of this paper was presented at the 2000 meeting of the American Society of Criminology in San Francisco, CA.