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he notes that if violent rapists were deceived about their victims, then the rapists would be able to submit that they themselves were victims of
In their reply, Kaplow and Shavell state that if the Pareto indifference rule applies, then “ there is no sense in which the notion of fairness
interested in theories of the corporation, its thesis has broader implications for private-law theory. It suggests, in particular, that private legal
again is that if marginalized voices—those of people of color, queer people, disabled people, poor people—aren’t centered in our movements then they
racism theory. This Note contends, however, that the results of their studies are also compatible with social identity theory, and therefore it is
pushed for the provision two decades ago because they were concerned that sound recording performance rates would be set lower than musical work
the same risk by 4/100,000, even though standard theory would predict a WTP three times as high.53 These results are not unusual. Lin and Milon
circumstances than those in which it may now be used. As judicially elaborated, the law applies in prosecutions that are beyond the reach of its text. This
Part III then evaluates how well this system of indirect—and thus misaligned—protection performs. It finds that for each of the two main tradeoffs
in law. These three frameworks—and the critically externalist paradigm that grounds them—offer a new historical backbone for a more realistic and