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A Summary of the Philosophy of Contract: The Theories of World A

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the main streams of contract philosophy in order to elucidate the extent to which boilerplate is a permissible means of creating contractual obligation. In particular, it ... More


Rethinking the theory of legal rights

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0002
Subject:
Law, Competition Law

This chapter examines the classical liberal theory of rights, which holds that rights protect or secure a domain of autonomy. To have a right is to have control or liberty over that to which one is ... More


Designing Incentives Regulation for the Environment

Michael Faure

in Global Environmental Commons: Analytical and Political Challenges in Building Governance Mechanisms

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199656202
eISBN:
9780191742149
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656202.003.0012
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter provides an overview of legal and policy instruments that can be used to provide potential polluters with incentives for pollution abatement. The traditional law and economics literature ... More


 Remaking Copyright in the First Amendment's Image

Neil Weinstock Netanel

in Copyright's Paradox

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.003.0009
Subject:
Political Science, American Politics

Courts are not the only realm in which First Amendment values should come into play in defining and delimiting copyright. Concern over copyright's speech‐burdening potential should also animate ... More


Damages

Angela Ward

in Judicial Review and the Rights of Private Parties in EU Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199206865
eISBN:
9780191695667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206865.003.0005
Subject:
Law, Constitutional and Administrative Law

The chapter elaborates on the decision of the European court regarding the Francovich case in order to clearly discuss the case law that defines the state liability rules of member states under the ... More


Legislative Balancing through Intergovernmental Bargaining

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter Seven proposes a more modest modification to the anti-commandeering rule, requiring judicial deference to consensual state-federal legislative bargaining over federalism entitlements. ... More


Bargaining in the Shadow of Different Regimes

Ian Ayres and Eric Talley

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0009
Subject:
Economics and Finance, Econometrics

Liability rules have decided advantages over property rules in harnessing private information when bargaining is not possible. This “non-consensual” advantage of traditional liability rules can be ... More


The Problem of Liability Rules: The Failings of Wealth Maximization as a Normative Ideal

Eric Rakowski

in Equal Justice

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198240792
eISBN:
9780191680274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198240792.003.0009
Subject:
Philosophy, Political Philosophy

This chapter explores a coherent, appealing theory of tort law by examining the most influential account of the normative foundations of wealth maximization, that of Richard Posner. This chapter's ... More


Higher-Order Liability Rules

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0005
Subject:
Economics and Finance, Econometrics

This chapter analyzes higher-order liability rules that allow a series of reciprocal takings by the litigants. It shows that second-order liability rules (sometimes also referred to as “unconstrained ... More


Strict Liability

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0010
Subject:
Law, Law of Obligations, EU Law

This chapter analyzes the concept of strict liability. It shows that the difference between fault and strict liability is a gradual one rather than one of principle. In fact, most liability rules are ... More


The Property/Liability Rule Debate

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0011
Subject:
Economics and Finance, Econometrics

Most of this book has been concerned with discovering new types of liability rules and identifying which ones are likely to be most efficient in particular contexts. This chapter explores a more ... More


Correlated Values

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0006
Subject:
Economics and Finance, Econometrics

Scholars have often conceived the core difference between property rules and liability rules as the difference between protecting by deterrence and protecting by compensation. Property rules protect ... More


Of the Relationship of Markets and Command in the Liability Rule

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/9780300195897.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter explores the relationship between markets and command within the context of the liability rule. It considers how the liability rule is actually employed in the legal world, and in ... More


Corporate Boards in Law and Practice: A Comparative Analysis in Europe

Paul Davies, Klaus Hopt, Richard Nowak, and Gerard van Solinge (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780198705154
eISBN:
9780191774256
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198705154.001.0001
Subject:
Law, Comparative Law, EU Law

Corporate boards play a central role in corporate governance and are thus regulated in the corporate law and corporate governance codes of all industrialized countries. Yet while there is a common ... More


Puts as Well as Calls

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0002
Subject:
Economics and Finance, Econometrics

Guido Calabresi and Douglas Melamed began a scholarly revolution by showing that legal entitlements have two readily distinguishable types of protection: property rules and liability rules. These two ... More


A False Sense of Security Offered by Zero-Price Liability Rules? Research Exceptions in the United States, Europe, and Japan in an Open Innovation Context

Esther van Zimmeren and Geertrui van Overwalle

in Patent Law in Global Perspective

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199334278
eISBN:
9780199361106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199334278.003.0013
Subject:
Law, Intellectual Property, IT, and Media Law

It is widely accepted that research exceptions are one of the legitimate exceptions to the exclusivity granted by patent rights. In principle, a robust research exception can fuel follow-on ... More


Testing the Bargaining Model

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0010
Subject:
Economics and Finance, Econometrics

As a matter of theory, liability rules might be more efficient than property rules even when bargaining is possible. But there are reasons to be skeptical of the result. This chapter describes the ... More


Adaptive Options

Lee Anne Fennell

in The Unbounded Home: Property Values Beyond Property Lines

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300122442
eISBN:
9780300155020
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300122442.003.0006
Subject:
Economics and Finance, Economic Systems

This chapter suggests how entitlements to engage in acts with off-site impacts might be made adaptive and autonomy-preserving without sacrificing the key advantage associated with liability ... More


The Bill of Options?

Ian Ayres

in Optional Law: The Structure of Legal Entitlements

Published in print:
2005
Published Online:
February 2013
ISBN:
9780226033464
eISBN:
9780226033488
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226033488.003.0001
Subject:
Economics and Finance, Econometrics

Advances in option theory count as some of the most important and pragmatic developments in economic thought in the last twenty-eight years. One of the most important contributions of option theory ... More


Employer Liability for Sexual Harassment by Supervisors

David B. Oppenheimer

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0018
Subject:
Law, Employment Law

This chapter discusses the difference in the rules of liability for employers when it enters the area of sexual harassment. Traditionally, and as a general proposition, employers are vicariously ... More


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