The pleading burden that governs securities-fraud litigation is significantly higher than those standards that govern traditional civil cases. The heightened pleading burden applicable to securities cases has transformed the motion to dismiss into something like summary judgment. In fact, to contend with this heightened pleading burden, plaintiffs typically must spend more time in the prefiling...

In the sales law of most countries the duration of the buyer’s claim for remedies is cut off by a statute of limitations. The present article argues that there is a rationale for cutting off the buyer’s claim, and also determines the optimal length of the cut-off period. Essentially, allowing claims strengthens the seller’s incentive to provide goods of durable quality, but may lead the parties...

This paper takes as its point of departure two striking incongruities between scientiac practice and trends in modern history and philosophy of science. (1) Many modern historians of science are so preoccupied with local scientiac practices that they fail to recognize important non-local elements. (2) Many modern philosophers of science make a sharp distinction between explanation and evidence,...

A model of costly medical malpractice claims, based on Bayes Rule, is developed to examine the effects of physicians being liable for actual damage under a negligence rule. This model is consistent with empirical evidence concerning the pattern of claims. It is shown that compensating actual damage does not provide physicians with appropriate incentives to spend the second best optimal amount o...

This article investigates multiculturalism by examining the relationship between migrants’ group demands and liberal states’ policies for politically accommodating cultural and religious difference. It focuses especially on Islam. The empirical research compares migrants’ claims-making for group demands in countries with different traditions for granting recognition to migrants’ cultural differ...

Taking seriously the arguments of Earman, Roberts and Smith that ceteris paribus laws have no semantics and cannot be tested, I suggest that ceteris paribus claims have a kind of formal pragmatics, and that at least some of them can be verified or refuted