The Economic Approach to Law

Author: Thomas J. Miceli

Publisher: Stanford University Press

ISBN: 0804746559

Category: Business & Economics

Page: 379

View: 3323

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In recent decades, the economic approach to law has developed into a mainstream field of study for both legal scholars and economists. This book provides a textbook treatment of the subject, primarily directed toward undergraduate economics students. It presumes a basic familiarity with economic principles, but little knowledge of the law. An effort is made to show both how economic principles can explain the actual structure of the law, and how they can help to make the law more efficient. The book emphasizes unifying themes and methodologies rather than an exhaustive coverage of legal topics. To that end, the scope of analysis is limited to the basic common law areas of torts, contracts, and property, as well as the legal process and criminal law. The hope is that after reading the book, students can apply the basic principles to other areas of law.
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Antitrust Law, Second Edition

Author: Richard A. Posner

Publisher: University of Chicago Press

ISBN: 9780226675787

Category: Law

Page: 304

View: 4725

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When it was first published a quarter of a century ago, Richard Posner's exposition and defense of an economic approach to antitrust law was a jeremiad against the intellectual disarray that then characterized the field. As other perspectives on antitrust law have fallen away, Posner's book has played a major role in transforming the field of antitrust law into a body of economically rational principles largely in accord with the ideas set forth in the first edition. Today's antitrust professionals may disagree on specific practices and rules, but most litigators, prosecutors, judges, and scholars agree that the primary goal of antitrust laws should be to promote economic welfare, and that economic theory should be used to determine how well business practices conform to that goal. In this thoroughly revised edition, Posner explains the economic approach to new generations of lawyers and students. He updates and amplifies his approach as it applies to the developments, both legal and economic, in the antitrust field since 1976. The "new economy," for example, has presented a host of difficult antitrust questions, and in an entirely new chapter, Posner explains how the economic approach can be applied to new industries such as software manufacturers, Internet service providers, and those that provide communications equipment and services. "The antitrust laws are here to stay," Posner writes, "and the practical question is how to administer them better-more rationally, more accurately, more expeditiously, more efficiently." This fully revised classic will continue to be the standard work in the field.
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Economic Foundations of Law second edition

Author: Stephen J. Spurr

Publisher: Routledge

ISBN: 1136937617

Category: Business & Economics

Page: 304

View: 683

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Economic Foundations of Law (2nd ed.) provides an economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation and labor law. In line with current trends in legal scholarship, discussion is focused on economic principles such as risk aversion, efficiency, opportunity cost, moral hazard, rent-seeking behaviour and economies of scale. Accessible, comprehensive and well written, this book uses extensive practical examples and explanations to illustrate key points. There are numerous applications to lawyers and the legal profession, with detailed discussions of subjects as diverse as the proposed market for transplantable human organs, the market for adoptions, the market for bail bonds, the unanticipated effects of Megan’s law, and issues of racial profiling. Fully updated and revised, a new chapter on labor law has also been included.
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The Elgar Companion to Social Economics, Second Edition

Author: John B. Davis,Wilfred Dolfsma

Publisher: Edward Elgar Publishing

ISBN: 1783478543

Category: Business & Economics

Page: 800

View: 3134

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Social economics is a dynamic and growing field that emphasizes the key roles social values play in the economy and economic life. This second edition of the Elgar Companion to Social Economics revises all chapters from the first edition, and adds impo
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Elgar Encyclopedia of Comparative Law, Second Edition

Author: J. M. Smits

Publisher: Edward Elgar Publishing

ISBN: 1781006105

Category: Law

Page: 1000

View: 6964

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Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
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The Economic Structure of Tort Law

Author: William M. Landes,Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674230514

Category: Business & Economics

Page: 329

View: 715

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Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
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The Second Wave of Law and Economics

Author: Megan Richardson,Gillian Kereldena Hadfield

Publisher: Federation Press

ISBN: 9781862873162

Category: Law

Page: 144

View: 1178

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How best can the analyses and insights of economics inform legal theory and "improve" legal decision-making? The contribution of the first wave of law and economics scholars was marked by dogmatic adherence to the free market ideals of the Chicago school. Today, the second wave places greater emphasis on empirical data and accepts a much wider range of non-economic values - an approach which offers promise of an objective and balanced reception of law and economics by the courts. This book demonstrates the richness and value of the second wave. The contributors include judges from the High Court of Australia and the Court of Appeal, New Zealand and academics from the Universities of Toronto, Melbourne and Cambridge.
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Global Competition Law and Economics

Author: Einer Elhauge,Damien Geradin

Publisher: Hart Pub

ISBN: 9781849460446

Category: Law

Page: 1287

View: 9144

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Global markets have made antitrust law global as well. With mergers requiring approval in multiple jurisdictions, cartels in one nation affecting supply in others, and countries entering into treaties about the content or enforcement of competition laws, firms and antitrust lawyers no longer have the luxury of considering only the antitrust regulations of one nation. Antitrust law worldwide is also increasingly economic in its approach to analysing antitrust and competition policy. In the four yearssince the first edition, the globalization of antitrust law has continued apace. China has adopted an antitrust law. The EU has adopted a new Treaty, new guidelines on non-horizontal mergers, new regulations and guidelines on vertical agreements, and a Guidance Paper on abuses of dominance. In the US there have been important new Supreme Court cases (the 2009 Linkline and 2010 American Needle decisions) and the incorporation of modern economic approaches in the revised 2010 U.S. Merger Guidelines. This edition addresses new developments not only in the US and EU, but also in Australia, Brazil, Canada, Israel, Japan, South Africa, and South Korea. It also expands its coverage to add not only China's new antitrust law, but also the antitrust laws of Argentina, Chile, Colombia, Egypt, India, Indonesia, New Zealand, Peru, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey, and Venezuela. This is the most global and economically sophisticated antitrust casebook on the market. Addressed to students from all jurisdictions having competition laws, it will also serve as a useful reference for practitioners, competition officials, and policy-makers interested in competition law anywhere in the world.
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