Responding to the growing importance of economic reasoning in legal scholarship, this innovative work provides an essential introduction to the economic tools, which can usefully be employed in legal reasoning. It is geared specifically towards those without a great deal of exposure to economic thinking and provides law students, legal scholars and practitioners with a practical toolbox to shape their writing, understanding and case preparation.
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Emanuel Towfigh and Niels Petersen
Edited by Josef Drexl and Fabiana Di Porto
To what extent should competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunications markets, and competition law as regulation in IP-related markets.
Edited by Daniel Schwarcz and Peter Siegelman
Insurance law and insurance economics each have long and distinguished scholarly histories, but participants in the two disciplines have not always communicated well across academic silos. The Handbook encourages more policy-relevant insurance economics scholarship and more economically sophisticated legal scholarship by bringing together original contributions from leading scholars in insurance law and insurance economics on a range of issues involving insurance law and regulation.
Howard F. Chang
This research review discusses influential and diverse readings on the timely subject of immigration, including not only work published by leading economists but also important articles published by legal scholars with a focus on economic issues that are salient in debates over immigration policy. This insightful review explains the contribution that each reading makes to our understanding of immigration and also surveys the literature more broadly so as to put the selected readings in context.
Victor P. Goldberg
Rethinking Contract Law and Contract Design presents a rich array of ideas that reassess the law and economics of contractual relations. Victor P. Goldberg uses a transactional framework to critically analyse and re-evaluate contract doctrine and specific legal cases. This important work examines particular contractual precepts whilst conducting a detailed exercise in legal archaeology, challenging readers to reconsider significant legal decisions by forensic exploration of records, briefs, and other materials, including the staple cases of textbooks and casebooks.
A Governance Framework for Intellectual Property Rights
Information Environmentalism applies four environmental analytical frameworks – ecology, ‘the commons’, public choice theory, and welfare economics – to the information environment. The book neatly captures the metaphorical relationship between the physical environment and the information environment by alluding to the environmental philosophy of ‘social ecology’ and the emergent informational discourse of ‘cultural environmentalism’.
Tom Ginsburg, Pier Giuseppe Monateri and Francesco Parisi
Comparative law is a field with a rich history, and one to which scholars from many disciplines have contributed. This research review traces the major developments in the field, covering both private and public law, as well as legal institutions and methodological debates. Encompassing more than a century of scholarship, the collection includes a number of the most enduring articles from several disciplinary perspectives and will be an essential resource for the study of comparative law.
John McEldowney and Sharron McEldowney
This research review assembles an important collection of essays exploring the main issues surrounding the regulation of the environment. The articles illustrate that regulating the environment in the UK is conceptually complex, involves a diverse range of institutions, techniques and methodologies and crosses geographical and national boundaries. In the USA it is more formalised, juridical, adversarial and formally dependent upon legal rules. The articles highlight the fact that despite differences in the UK and the USA's regulatory styles, environmental regulation today has much in common with both traditions.
Thomas J. Miceli and Matthew J. Baker
The economic approach to law relies on the use of economic models, mostly mathematical, for understanding the nature and function of law. This research review spans the many sub-areas of law and economics (with papers in torts, contracts, property, crime, and legal procedure) and includes a wide range of papers, incorporating classics and some less well-known papers. Economic Models of Law will be an invaluable resource for active scholars as well as an inspiration for the next generation of modelers.
A Critical Overview
Stefan E. Weishaar
Emissions trading is becoming an increasingly popular policy instrument with growing diversity in design. This book examines emissions trading design, emissions trading implementation problems and how to address them.