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Property and Community

Gregory S. Alexander and Eduardo M. Peñalver (eds)

Published in print:
2009
Published Online:
May 2010
ISBN:
9780195391572
eISBN:
9780199775804
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195391572.001.0001
Subject:
Law, Environmental and Energy Law

The relationship between individuals and communities — all manner of communities, but especially the state — is a central preoccupation of property theory. Across a broad range of property thought — ... More


The Economic Structure of Trusts: Towards a Property-based Approach

M. W. Lau

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199602407
eISBN:
9780191725203
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602407.001.0001
Subject:
Law, Trusts

This book provides an economic account of why trusts exist and how trust law should be shaped. The trust is a key legal institution in the common law world but it has been neglected by the law and ... More


Economic Reasoning and Judicial Review *

Stephen Breyer

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0038
Subject:
Law, Legal History

This chapter deals with the use of economics in the law, and in particular, at the U.S. Supreme Court. It illustrates how the partnership between economy and law functions at the Supreme Court of the ... More


The Future of Law and Economics: Essays in Reform and Recollection

Guido Calabresi

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300195897
eISBN:
9780300216264
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300195897.001.0001
Subject:
Law, Constitutional and Administrative Law

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which are identified with Jeremy ... More


The Economics of Informal International Law: An Empirical Assessment

Stefan Voigt

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0005
Subject:
Law, Public International Law

Offering a law and economics perspective, this chapter uses the database of US ‘international agreements’ (defined in the US Case Act as legally binding agreements other than ‘treaties’ in the sense ... More


Of Law and Economics and Economic Analysis of Law: The Role of the Lawyer

Guido Calabresi

in The Future of Law and Economics: Essays in Reform and Recollection

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300195897
eISBN:
9780300216264
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300195897.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter explains the difference between law and economics, identified with John Stuart Mill, and the economic analysis of law, exemplified by Jeremy Bentham. It presents examples of ... More


Introduction

Michel Goyer

in Contingent Capital: Short-term Investors and the Evolution of Corporate Governance in France and Germany

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199578085
eISBN:
9780191731051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578085.003.0001
Subject:
Business and Management, Corporate Governance and Accountability

What accounts for the observed differences across national systems of corporate governance? This chapter analyzes the importance of diversity in regard to institutional arrangements of corporate ... More


Procrastination and the Law

Manuel A. Utset

in The Thief of Time: Philosophical Essays on Procrastination

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195376685
eISBN:
9780199776306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195376685.003.0015
Subject:
Philosophy, Moral Philosophy

This chapter develops a model of repeated procrastination that can be used to examine the efficacy of legal rules. The model yields the following counterintuitive result: if the immediate costs of ... More


Law and Economics and Capital Mobility across Advanced Capitalist Economies

Michel Goyer

in Contingent Capital: Short-term Investors and the Evolution of Corporate Governance in France and Germany

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199578085
eISBN:
9780191731051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578085.003.0003
Subject:
Business and Management, Corporate Governance and Accountability

What institutional arrangements best account for the willingness of short-term investors to acquire important equity stakes in listed companies? The law and economics perspective on cross-national ... More


Legal Theory and Language

Christopher Hutton

in Language, Meaning and the Law

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748633500
eISBN:
9780748671489
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633500.003.0002
Subject:
Linguistics, Applied Linguistics and Pedagogy

This chapter offers a brief introduction to topics and approaches in legal theory and language. It offers a critical summary of the differences between natural law and legal positivism, describes in ... More


Contingent Capital: Short-term Investors and the Evolution of Corporate Governance in France and Germany

Michel Goyer

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199578085
eISBN:
9780191731051
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578085.001.0001
Subject:
Business and Management, Corporate Governance and Accountability

Corporate governance has become a major topic of interest for academics and policymakers in recent years. The advent of major financial scandals in the early 2000s (Enron, WorldCom, Ahold, Parmalat) ... More


New Frontiers: Law and Society in the Roman World

Paul J. du Plessis (ed.)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780748668175
eISBN:
9780748684328
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748668175.001.0001
Subject:
Law, Legal History

Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. Scholars who work on the subject are increasingly being asked to conduct research in an ... More


Law and public policy in contemporary Japan

Makoto Usami

in Policy analysis in Japan

Published in print:
2015
Published Online:
September 2015
ISBN:
9781847429841
eISBN:
9781447311515
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847429841.003.0005
Subject:
Political Science, Public Policy

In the literature of comparative policy analysis, few attempts have been made to examine the remarkable development of study on law and public policy in contemporary Japan. To fill this gap in the ... More


1 Theoretical Frames

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0002
Subject:
Law, Comparative Law

This chapter describes the book's “critical” approach to tort law, one that draws insights from feminist theory, critical race theory, and critical theory and differs from the two tort theories that ... More


Theoretical Frames

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0002
Subject:
Law, Comparative Law

This chapter describes the book's “critical” approach to tort law, one that draws insights from feminist theory, critical race theory, and critical theory and differs from the two tort theories that ... More


The American Legal Academy and Jurisprudence II: From Process Theory to “Law And”

G. Edward White

in Law in American History, Volume III: 1930-2000

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190634940
eISBN:
9780190940348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190634940.003.0007
Subject:
Law, Legal History, Constitutional and Administrative Law

By the close of World War II, Legal Realism had become the dominant jurisprudential perspective in the American legal academy. But developments connected to the use of totalitarian regimes of the ... More


Economic Foundations of Contract Law

Avery W. Katz

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0010
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter discusses the role of economic analysis in explaining, justifying, and critiquing the law of contracts and its effects on private exchange. It discusses both positive issues (e.g., what ... More


Judicial Reputation: A Comparative Theory

Nuno Garoupa and Tom Ginsburg

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226290591
eISBN:
9780226290621
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226290621.001.0001
Subject:
Law, Comparative Law

Judges, as Alexander Hamilton famously noted, lack the purse or the sword, and so must rely on their reputation to secure compliance with their decisions. This book uses the economics of information ... More


Law and Economics

Richard Posner

in Legal Intellectuals in Conversation: Reflections on the Construction of Contemporary American Legal Theory

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814737071
eISBN:
9780814745434
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737071.003.0003
Subject:
Law, Legal History

This chapter presents an interview with Richard Posner, a judge of the US Court of Appeals for the Seventh Circuit. He was formerly the Lee and Brena Freeman Professor of Law, and is currently a ... More


Law and Economics

Andrea Bianchi

in International Law Theories: An Inquiry into Different Ways of Thinking

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198725114
eISBN:
9780191792533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725114.003.0013
Subject:
Law, Public International Law, Philosophy of Law

Thriving on the inferiority complex of international lawyers vis-à-vis the lack of effectiveness of international law, Law and Economics proclaims law to be effective, provided economic analysis is ... More


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