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Borderlines in Private Law

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An Economic Analysis of the Law


ISBN13: 9780631231578
ISBN: 0631231579
Published: February 2002
Publisher: Wiley-Blackwell
Country of Publication: USA
Format: Hardback
Price: Out of print



Providing students with a solid grounding in the economic analysis of the law, this reader brings together diverse and challenging journal articles into a unified collection. Chosen to provoke thought and discussion, these carefully streamlined articles apply economic theories to many aspects of the law, from intellectual property, corporate finance, and contracts to property rights, family law, and criminal law. Most of the formal mathematics has been removed, allowing these articles to reach a student audience, while also encouraging an intuitive understanding and application of the economic principles. Brief introductions to each article explain their background and context. This collection will be a valuable addition to courses in both economics and law, providing economics majors with a respite from dry theory, and giving law students a broad, unified vision of the law.

Contents:
Part I: Coase Theorem:1. Coase, Ronald ""The Problem of Social Cost"".2. Cooter, Robert ""The Cost of Coase"".Part II: Property Rights, Liability Rules and Regulation:3. Calabresi, Guido and A. Douglas Malamed ""Property Rules, Liability Rules and Inalienability: One View from the Cathedral"".4. Brown, John ""Economic Theory of Liability Rules"".5. Cooter, Robert ""Unity in Tort, Contract and Property: The Model of Precaution"".6. Wittman, Donald ""Coming to the Nuisance"".7. Shavell, Steven ""Liability for Harm versus Regulation of Safety"".Part III: Intellectual Property:8. Kronman, Anthony ""Mistake, Disclosure, Information and the Law of Contracts"".9. Landes, William and Richard Posner ""An Economic Analysis of Copyright Law"".10. Hansmann, Henry and Marina Santilli ""Authors' and Artists Moral Rights: A Comparative Legal and Economic Analysis"".Part IV: Contracts and Warranties:11. Priest, George, ""A Theory of the Consumer Product Warranty"".12. Polinsky, A. Mitchell ""Fixed Price versus Spot Price Contracts: A Study in Risk Allocation"".13. Rubin, Paul ""The Theory of the Firm and the Structure of the Franchise Contract.14. Klein, Benjamin ""Transaction Cost Determinants of Unfair Contractural Arrangements"".15. Schwartz, Alan ""The Law and Economics Approach to Contract Theory"".Part V: Corporations and Corporate Finance:16. Woodward, Susan ""Limited Liability in the Theory of the Firm"".17. Jensen, Michael and William Meckling ""Theory of the Firm: Managerial Behavior, Agency Costs and Ownership Structure"".
18. Winter, Ralph, Jr. ""State Law, Shareholder Protection and the Theory of the Corporation"".19. Easterbrook, Frank and Daniel Fischel ""The Proper Role of a Target's Management in Responding to a Tender Offer"".20. Carlton, Dennis W. and Fischel, Daniel R. ""The Regulation of Insider Trading"".21. Baird, Douglas G. and Jackson, Thomas H. ""Corporate Reorganizations and the Treatment of Diverse Ownership Interests: A Comment on Adequate Protection of Secured Creditors in Bankruptcy"".Part VI: Family Law:22. Landes, Elisabeth M. and Richard A. Posner ""The Economics of the Baby Shortage"".23. Prichard, J. Robert S. ""A Market for Babies"".24. Cohen, L. ""Marriage, Divorce and Quasi-rents: Or I gave him the best year of my life"".Part VII: Crime and Criminal Law:25. Becker, Gary ""Crime and Punishment: An Economic Approach"".26. Posner, Richard A. ""Blackmail, Privacy and Freedom of Contract"".Part VIII: Norms:27. Baily, Martin ""Property Rights in Aboriginal Societies"".28. Ellickson, Robert ""Property in Land"".29. Wittman, Donald ""Efficient Rules of Thumb in Highway Safety and Sports Activity"".30. Brinig, Margaret ""Rings and Promises"".