Law and Economics and Free Market Capitalism
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Description
Does American property, contract, tort, labor and antitrust law form the basis for free market capitalism? How so? Given the objectives (liberty, justice, and efficiency) with which we began this class, in your opinion should the law encourage free market enterprise? Be specific about the types of law you discuss, as well as their intended and expected effects.
To answer this question, you will need to be able to define what you mean by a free enterprise market system. Naturally, that also entails an understanding of property rights, and the possible logics underlying those property rights. It will be helpful to carefully distinguish the portions of the law to which you are referring (in particular, much of what we have studied builds off Common Law precedent, but we have also discussed how those foundation intersect with both Constitutional Law and Statutory laws (like product liability laws, or antitrust) produced at the federal or state level.
The strongest answers will address both law and economic theory. You may, of course, be critical of either, but make sure to lay out your reasoning (and if there is supporting evidence).
Of course, exams are a means by which Professors “monitor and measure” student learning (with all the imperfections that implies. But more fundamentally, this essay is intended to provide you with a chance to put your thought in order. What do we mean by the free enterprise system? How is that supposed to work? Why is that an appropriate or inappropriate goal? How does and should law help or hinder the markets’ operation? In answering these questions you may bring in other sources, but at rock bottom I am looking for your integration of the materials we have explored.
A word about Plagiarism. Students sometimes copy sections of papers or articles written by others. If there is a quotation mark and the source is cited, that is a sign of research and is welcomed as a sign of scholarship. If there are no citations, then this type of work is considered plagiarism (a cardinal academic offense). Many sources can be unearthed using software (your essays are checked). It is not necessary to attribute ideas from lecture… yet whether cited or not, it is critical to make sure you accurately represent what is said. Sources can be cited using APA in text citation which include author’s last name and the year. If quotations are included, then the page number should be used. e.g., (Jacoby, 1990. p.27). Cases can be abbreviated to include the plaintiff and respondent and the year (Lochner v. NY, 1905). Please also be aware that software checks across students for significant and inappropriate overlaps,
Finally, we have studied a lot of ideas from a number of different perspectives, and it is helpful to make identify the counter argument(s) to your own.
My grading rubric emphasizes:
a) reasonable and appropriate coverage of class material (do not attempt to discuss every case or article)
b) integration of class material (make the pieces add up to a coherent perspective)
c) clarity of writing
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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