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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


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


Ownership as a Principle

J. W. HARRIS

in Property and Justice

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199251407
eISBN:
9780191681998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199251407.003.0006
Subject:
Law, Philosophy of Law

This chapter examines ownership as principle. It argues that invocations of ownership as principle differ from other aspects of juristic doctrine in that ‘ownership’, in common law systems, is not a ... More


Legal paradigms of human tissues

Remigius N. Nwabueze

in Human Tissue Research: A European perspective on the ethical and legal challenges

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199587551
eISBN:
9780191725630
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587551.003.0009
Subject:
Public Health and Epidemiology, Public Health

This chapter suggests that the legal status of human tissues is still evolving. The question of whether a human tissue deserves protection or what legal category underpins that protection often ... 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


Assembly and Division

Lee Anne Fennell

in Slices and Lumps: Division and Aggregation in Law and Life

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226650265
eISBN:
9780226650432
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226650432.003.0003
Subject:
Law, Philosophy of Law

This chapter examines the assembly and division of property entitlements. It starts with eminent domain, a forcible land assembly mechanism that has been employed to avoid holdout or “anticommons” ... 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


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


Property Rules versus Liability Rules

Stephanie M. Stern and Daphna Lewinsohn-Zamir

in The Psychology of Property Law

Published in print:
2020
Published Online:
September 2020
ISBN:
9781479835683
eISBN:
9781479857623
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479835683.003.0008
Subject:
Psychology, Social Psychology

This chapter discusses one of the most fundamental issues that every legal system must address: the form of protection that should be given to legal entitlements, including property rights. The ... 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


Property Law

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0007
Subject:
Law, Philosophy of Law

The chapter critically analyzes the contribution of behavioral findings to property law and theory. It starts with studies of basic notions, such as psychological ownership and the endowment effect; ... More


Cultural Heritage and Intellectual Property Law

Janet Blake

in International Cultural Heritage Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198723516
eISBN:
9780191790300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723516.003.0007
Subject:
Law, Public International Law, Environmental and Energy Law

Chapter 7 looks at Cultural Heritage and Intellectual Property Law. The appropriateness of intellectual property rules for protecting traditional cultural expressions and knowledge are addressed, ... More


IP's Advantages over Antitrust

Daniel A. Crane

in The Global Limits of Competition Law

Published in print:
2012
Published Online:
June 2013
ISBN:
9780804774901
eISBN:
9780804782678
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804774901.003.0009
Subject:
Law, Competition Law

This chapter suggests shifting some of antitrust's responsibility to intellectual property (IP) law in areas where there is overlap. In the last quarter century, much of the judicial retrenchment of ... More


Elbow Room for Rights

Eric Mack

in Oxford Studies in Political Philosophy, Volume 1

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199669530
eISBN:
9780191749377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669530.003.0009
Subject:
Philosophy, Political Philosophy, Moral Philosophy

If individuals possess robust rights over their own persons and legitimately acquired possessions does any action on the part of another person that has any physical effect on the right-holder or her ... More


Introduction

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0001
Subject:
Law, Philosophy of Law, Human Rights and Immigration

The introduction sets out the the rule that there is ‘no property in the human body’ and the growth of exceptions to it. The aim of the book, to determine the appropriate legal status of bodily ... More


Multiple Takings

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/9780226033488.003.0007
Subject:
Economics and Finance, Econometrics

Liability rules applied to tangible legal entitlements might give rise to problems of reciprocal takings in which a plaintiff and defendant engage in a protracted (and potentially endless) series of ... More


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