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Law and Disorder: Absurdly Funny Moments from the Courts
by Charles M. Sevilla Lee LorenzMore hilarious, unbelievable-but-true stories from our nation's courts, from the author of Disorder in the Court and Disorderly Conduct. Charles M. Sevilla finds comic gems in court transcripts-- and now brings readers a delightful, all-new collection. Starting with a chapter on the defendants (one of whom, when asked his marital status, replies after a long pause, "Adequate") and following with sections on lawyers, experts, witnesses, evidence, and even one called "Malaprops" (DA: The status of the boat has no relevance to this case at all. This is a total fishing expedition). Stories from the previous books have become viral Internet sensations, priming readers for more legal disorder, such as: Clerk: Do you solemnly swear that the testimony you are about to given in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God? Witness: Yes, I swear. I'll say anything but the truth, nothing but the truth.
Law and Disorder on the Narova River: The Kreenholm Strike of 1872
by Reginald E. ZelnikReginald Zelnik uses a single episode—a militant strike at the Kreenholm factory, Europe's largest textile plant—to explore the broad historical moment. In examining this crucial event of Russian history he sheds fresh light on local power relations, high politics in St. Petersburg, controversies over the rule of law, and the origins of the Russian labor movement. Zelnik sees this pivotal moment in Russian labor history as the beginning step in the series of conflicts that eventually led to the upheavals of the early twentieth century.
Law and Economic Development: Behavioral and Moral Foundations of a Changing World
by Kaushik Basu Ajit MishraThis book is a major stocktaking of law and economics in the context of developing and emerging economies, and in the light of the dramatic changes in the global economy that we have witnessed in recent years. The rise of artificial intelligence, digital technology, and mega platforms that collect data and facilitate trade is changing the landscape of economics. Rapid globalization has created new challenges for law and regulation, since increasingly contentious cases arise which span multiple countries and several legal jurisdictions. All these changes are giving rise to new problems in developing countries where many people lead precarious lives anyway, healthcare is minimal, and corruption widespread. Alongside these global developments, the discipline of law and economics is also undergoing profound changes, making us re-think some of the founding assumptions of the subject.
Law and Economics: Philosophical Issues and Fundamental Questions (The Economics of Legal Relationships #19)
by Aristides N. Hatzis Nicholas MercuroThe Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.
Law and Economics: A Reader (New Horizons In Law And Economics Ser. #18)
by Alain MarcianoThis book brings together the most authoritative articles on Law and Economics and the interaction between the two disciplines as well as the use of economic tools to analyse legal problems. Aimed at students experiencing the subject for the first time, the selections are interlaced with a wealth of features including explanatory introductions and exercises. Key features of the reader include: - The accessibility of the material: the articles should be understandable to those with only a limited background in economics and law. - The book’s focus on the most important and basic – foundational – issues in law and economics. - An exposition of the opposition between the different legal systems that exist in the world including common law, civil law and public law. - Debates viewed from the perspective of the scholars from a range of backgrounds are presented as well as all the key figures in economics and in law. The book should prove to be an essential resource to all students studying this burgeoning field and represents an exciting introduction to one of the key disciplines which has grown up in the social sciences in recent times.
Law and Economics: Alternative Economic Approaches to Legal and Regulatory Issues (The\economics Of Legal Relationships Ser. #19)
by Margaret Oppenheimer Nicholas MercuroThe economic analysis of legal and regulatory issues need not be limited to the neoclassical economic approach. The expert contributors to this work employ a variety of heterodox legal-economic theories to address a broad range of legal issues. They demonstrate how these various approaches can lead to very different conclusions concerning the role of the law and legal intervention in a wide array of contexts. The schools of thought and methodologies represented here include institutional economics, new institutional economics, socio-economics, social economics, behavioral economics, game theory, feminist economics, Rawlsian economics, radical economics, Austrian economics, and personalist economics. The legal and regulatory issues examined include anti-trust and competition, corporate governance, the environment and natural resources, land use and property rights, unions and collective bargaining, welfare benefits, work-time regulation and standards, sexual harassment in the workplace, obligations of employers and employees to each other, crime, torts, and even the structure of government. Each contributor brings a different emphasis and provides thoughtful, sometimes provocative analysis and conclusions. Together, these heterodox insights will provide valuable supplementary reading for courses in law and economics as well as public policy and business courses at both the graduate and undergraduate levels.
Law and Economics: New Trajectories in Law (New Trajectories in Law)
by Riaz TejaniThis book examines the contemporary significance of the Law and Economics movement. Drawing on anthropology, sociology, political economy, and ethics, the book traces the influence of lawyer-economists in developing and operationalizing key ideas – for instance human capital and structural adjustment – that have come to be grouped under the heading of ‘neoliberalism’. It then examines how these ideas are tied to global environmental harm and to wealth inequality. Largely because of such ties, sociolegal studies tends to dismiss economic thought. This book, however, forges a path between economic and sociolegal approaches. Discussing thinkers such as Foucault and Polanyi, Calabresi and Sunstein, it demonstrates both the possibilities and limitations inherent in economistic approaches to law. Bringing together disparate and sometimes conflicting literatures, the book thereby eschews disciplinary taboos in the name of a creative, sympathetic, and critical rereading of the key ideas of Law and Economics. This book will be of interest to students and researchers in sociolegal studies, anthropology, sociology, and economics.
Law and Economics as Interdisciplinary Exchange: Philosophical, Methodological and Historical Perspectives (The Economics of Legal Relationships)
by Péter Cserne Magdalena MaleckaLaw and Economics is an established field of research and arguably one of the few examples of a successful interdisciplinary project. This book explores whether, or to what extent, that interdisciplinarity has indeed been a success. It provides insights on the foundations and methods, achievements and challenges of Law and Economics, at a time when both the continuing criticism of academic economics and the growth of empirical legal studies raise questions about the identity and possible further developments of the project. Through a combination of reflections on long-term trends and detailed case studies, contributors to this volume analyse the institutional and epistemic character of Law and Economics, which develops through an exchange of concepts, models and practices between economics and legal scholarship. Inspired by insights from the philosophy of the social sciences, the book shows how concepts travel between legal scholarship and economics and change meanings when applied elsewhere, how economic theories and models inform, and transform, judicial practice, and it addresses whether the transfers of knowledge between economics and law are symmetrical exchanges between the two disciplines.
Law and Economics in Civil Law Countries (The\economics Of Legal Relationships Ser. #No. 6)
by Thierry Kirat Bruno DeffainsThe aim of the book is to highlight the law and economics issues confronting civil law countries. The following questions are addressed in this volume: to what extent have the existing codes in civil law countries been designed to incorporate economic considerations? Can the modifications made to codified rules over time be explained by a will to r
Law and Economics in India: Understanding and practice
by Bimal N. Patel Ranita Nagar Hiteshkumar ThakkarThis is one of the first volumes that uses economic tools to analyse and evaluate law and policy in India. Applying economic theories such as incentive analysis, cost–benefit studies, and game theory, the essays in the volume negotiate contentious issues in law including property, contracts, torts, nuclear liability regime, bankruptcy law, criminal law and procedure, constitutional law, administrative law, environmental law, and family law. A radical take on commercial and socio-legal issues in India, this book will greatly interest scholars and researchers of law, political economy, and public policy.
Law and Economics in Japanese Competition Policy
by Koki AraiThis book demonstrates how economics is used in cases of competition in Japan. Competition between firms is usually the most effective way of allocating economic resources and achieving consumer and producer welfare. At the same time, a balance must be struck; firms must not be over-regulated, but neither must they be completely free to create a monopoly or oligopoly. Therefore, the role of competition policy is to maintain a balance by using the collaborative economics of industrial organization. The book uses economic analysis to evaluate case studies on Japanese anti-monopoly law, the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (AMA), and enforcement in e.g. cartel cases, private monopolization cases, and merger cases. The Japan Fair Trade Commission implements a competition policy, primarily through the enforcement of the AMA, which promotes ingenuity and innovation in business by guaranteeing and enhancing fair and free competition, thereby ensuring economic vitality and consumer benefit. This book is the first authoritative and compact work on competition policy in Japan, which has a more-than-70-year history and is based on solid legal principles. In addition, the book seeks to promote law enforcement based on economic analysis, and includes studies describing the enforcement mechanisms used. It provides comprehensive yet concise information on the structure of the AMA, recent cases, and economic analysis. It also explains the circumstances regarding recent cases and analyzes how the economic policy has been applied to actual cases.
The Law and Economics of a Sustainable Energy Trade Agreement
by Richard Samans Gary C. Hufbauer Ricardo Meléndez-OrtizThe widely accepted need to reduce the world's dependence on fossil fuels and move instead to low-carbon, renewable alternatives faces a host of challenges. Whilst the greatest challenges remain in engineering, political and public policy issues continue to play a very important role. This volume, which consists of contributions from leading figures in the field, presents the case for a Sustainable Energy Trade Agreement (SETA). It shows that by addressing barriers to trade in goods and services relevant for the supply of clean energy, such an agreement would foster the crucial scaling-up of clean energy supply and promote a shift away from fossil fuels. In doing so it illustrates how the agreement would help to address a number of overarching sustainable development priorities, including the urgent threat of climate change, enhanced energy access and improved energy security. The book will appeal to academics and policymakers working on the interface of trade and energy policy. Proposes a new trade agreement that will appeal to those who understand the potential of trade to contribute to sustainable development and wish to see progress. Provides a concrete positive contribution to climate action, which contrary to other climate policies comes at a low cost, with benefits for all involved. Provides rich and groundbreaking analysis, with leading experts developing their ideas in an accessible manner.
Law and Economics of Contingent Protection in International Trade
by Kyle W. Bagwell George A. Bermann Petros C. MavroidisThe book discusses the regulatory framework of contingent protection in the World Trade Organization - antidumping, countervailing duties, and safeguards - as well as an economic analysis of these instruments. The book's various chapters illuminate the basic functioning of all three.
The Law and Economics of Enforcing European Consumer Law: A Comparative Analysis of Package Travel and Misleading Advertising (Markets and the Law)
by Franziska WeberIn the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.
The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis (Routledge Research in Intellectual Property)
by Niva Elkin-Koren Eli SalzbergerThis book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
Law and Economics of Justice: Efficiency, Reciprocity, Meritocracy (Economic Analysis of Law in European Legal Scholarship #17)
by Klaus Mathis Avishalom TorWhile previous volumes have examined specific issues and developments such as the coronavirus crisis or digital transformation from a law and economics perspective, the anniversary edition returns to the methodological and philosophical fundament of the discipline of law and economics. The present book aims to examine these foundations in general and, in particular, efficiency, reciprocity and meritocracy, and their relation to law and justice from an interdisciplinary perspective.Efficiency: Traditionally, the economic analysis of law has been guided by the goal of efficiency. Economists usually define efficiency as Pareto or Kaldor–Hicks efficiency. Any change that makes one member of society better off without anyone else being worse off is a Pareto improvement. A change is a Kaldor–Hicks improvement if the gainers value their gains more than the losers value their losses, with only hypothetical compensation required.Reciprocity: Economists have traditionally basedtheir models on the self-interest hypothesis of homo oeconomicus. In this model, an individual maximises his own utility without being altruistic or jealous. Behavioural economics challenges the self-interest hypothesis. In fact, many people deviate from purely self-interested behaviour. There are also signs that considerations of fairness and mutual benefit are important in bilateral negotiations and in the functioning of markets. Meritocracy: The concept of meritocracy refers to a system, organisation, or society in which people are selected and promoted to positions of success, power, and influence on the basis of their abilities and merits. This means that an individual is able to climb the social ladder through hard work. Moreover, meritocracy directs the most talented people into the most functionally important positions, thereby increasing a society's efficiency. However, the equalising function of meritocracy has been criticised. Rather than reducing inequality, meritocracy is seen as the cause of racial, economic and social inequality.
Law and Economics of Patents: Theory, Economic Impact, and Future Trends (SpringerBriefs in Law)
by Nikola IlićThis book provides a broader overview and law and economics analysis of the intricate relationship between legal frameworks governing patent granting and enforcement and their economic implications. Chapter 1 introduces a reader to the main principles and methodology underpinning law and economics. Through provided theoretical explanations, readers may gain insights into the law and economics of patents as a specific subdiscipline of law and economics that offers a valuable lens through which to view (patent-related) legal issues and policies. Chapter 2 adds further complexity to the law and economics of patents by describing and explaining the historical evolution of patents, patent granting procedures, and the scope of patent protection. Chapters 3 and 4 provide a more fine-grained analysis of patent law and related legal institutes. Chapter 3 explores economic justifications for patents and the trade-off between innovation and efficiency. Subsequently, it explores specific issues, such as patent race and patent thicket, and the role of patent enforcement in technology transfers and licensing. Chapter 4 embarks on a journey to quantify and illuminate the multifaceted economic impact of patents, focusing on their pivotal role in driving innovation and shaping market dynamics. Chapter 5 navigates the evolving landscape of patent law and policy and provides insights into the recent changes, persistent challenges, and emerging trends that shape the future of the patent system. It begins by examining recent shifts in patent law and policy, highlighting how legislative and judicial reforms have aimed to address issues of patent quality and the delicate balance between the use and abuse of patents. Moreover, it delves into the role of patents in shaping and protecting emerging technologies, from artificial intelligence and biotechnology to clean and sustainable energy. Concluding remarks and policy reflections follow in Chapter 6.
Law and Economics of Public Procurement Reforms (The Economics of Legal Relationships)
by Gustavo Piga Tunde TatraiAppropriate laws and regulations are essential tools to direct the action of procurers toward the public good and avoid corruption and misallocation of resources. Common laws and regulations across regions, nations and continents potentially allow for the further opening of markets and ventures to newcomers and new ideas to satisfy public demand. Law and Economics of Public Procurement Reforms collects the original contributions related to the new European Union Directives approved in 2014 by the EU Parliament. They are of both economists and lawyers, and have been presented in a manner that allows for exchanges of views and "real time" interaction. This book features, for each section, an introductory exchange between two experts of different disciplines, made up of a series of sequential interactions between an economist and a lawyer, which enriches the liveliness of the debate and improve the mutual understanding between the two professions. Four sections characterize this book: Supporting social considerations via public procurement; Green public procurement; Innovation through innovative partnerships; and Lots - The Economic and Legal Challenges of Centralized Procurement. These themes have current relevance of the new European Public Procurement Directives. Written by an impressive array of experts in their respected fields, this volume is of great importance to practitioners who work in the field of EU public procurement in the Member States of the EU, as well as academics and students who study public finance, public policy and regulation.
Law and Economics of Regulation (Economic Analysis of Law in European Legal Scholarship #11)
by Klaus Mathis Avishalom TorThis book explores current issues regarding the regulation of various economic sectors, theoretically and empirically, discussing both neoclassical and behavioural economics approaches to regulation. Regulation has become one of the main determinants of modern economies, and virtually every sector is subject to general laws and regulations as well as specific rules and standards. A traditional argument to justify regulatory interventions is the promotion of public interests. Fixing markets that lack competition, balancing information asymmetries, internalising externalities, mitigating systemic risks, and protecting consumers from irrational behaviour are frequently invoked to complement the invisible hand of the market with the visible hand of the state.However, regulations can lead to unintended consequences, and serve the interests of powerful private interest groups rather than the public interest and social welfare. In addition, new insights from behavioural economics question the traditional regulatory approaches, most prominently in attitudes towards consumers. Furthermore, digitalisation and technological innovation in general present new challenges in terms of both the type of regulation and the regulatory process.Part I of this book discusses various theoretical approaches to the economic analysis of regulations, while Part II looks at specific applications of the law and economics of regulation.
Law and Economics of the Coronavirus Crisis (Economic Analysis of Law in European Legal Scholarship #13)
by Klaus Mathis Avishalom TorThe coronavirus pandemic struck unexpectedly, posing unprecedented challenges around the world. At the same time, this crisis also offers a unique opportunity for reflection, research, and insight regarding this and similar global and domestic crises. There is much to be learned from analysing the effects of the crisis. It provides a chance for a fresh scholarly examination of important aspects of legal regulation, policymaking, and more. This volume pursues these questions from a broad range of Law and Economics perspectives and is divided into two parts. The first part examines the immediate impact of and responses to the coronavirus crisis, while the second explores the future possibilities that scholarly analysis of this crisis can offer. As to the immediate impact and responses, questions of compliance with regulations and safety measures, nudging and decision-making with regard to the coronavirus crisis are examined from the perspective of behavioural economics. In addition, the short- and long-term effects of various emergency policy responses on contract law are studied. Current issues and challenges like the regulation of internet platforms, excessive pricing, the right to adequate food, risk and loss allocation, as well as remote learning and examinations, which have been impacted, brought about, complicated or aggravated by the coronavirus crisis, are analysed in depth. Lastly, future possibilities in the areas of data access rights, economic instability and the balance between political-economic interests and social interests, patenting, food labels and open data are illustrated.
Law and Economics of the Digital Transformation (Economic Analysis of Law in European Legal Scholarship #15)
by Klaus Mathis Avishalom TorThis book pursues the questions from a broad range of law and economics perspectives. Digital transformation leads to economic and social change, bringing with it both opportunities and risks. This raises questions of the extent to which existent legal frameworks are still sufficient and whether there is a need for new or additional regulation in the affected areas: new demands are made on the law and jurisprudence.
Law and Economics Vol 1: The Early Journal Literature
by Warren J SamuelsThis collection contains texts from both fields of law and economics. The material demonstrates the complexity of correlating the two areas, examining the relationship between the economy and the legal system and exploring the fundamental social processes and problems involved therein.
Law and Economics Vol 2: The Early Journal Literature
by Warren J SamuelsThis collection contains texts from both fields of law and economics. The material demonstrates the complexity of correlating the two areas, examining the relationship between the economy and the legal system and exploring the fundamental social processes and problems involved therein.
Law and Emerging Issues: Proceedings of the International Conference on Law and Emerging Issues (ICLEI 2023)
In the ever-evolving landscape of law and governance, adaptation and innovation are key to addressing the challenges of our times. This edited volume is a testament to the ever-evolving nature of the legal field and the ongoing efforts of legal scholars and academicians to dissect, analyze, and grapple with the challenges and opportunities presented by these changes. The topics covered in this book span a wide spectrum of legal domains, reflecting the complex and rapidly changing nature of our contemporary world. From corporate governance structures to emerging challenges in the digital space, from analyzing the implications of the Social Security Code 2020 in India to understanding the legal developments surrounding unorganized migrant workers during the COVID-19 pandemic, the breadth of subjects addressed here is both impressive and vital.
Law and Enforcement in Ptolemaic Egypt
by John BauschatzThis book examines the activities of a broad array of police officers in Ptolemaic Egypt (323-30 BC), and argues that Ptolemaic police officials enjoyed great autonomy, providing assistance to even the lowest levels of society when crimes were committed. Throughout the nearly 300 years of Ptolemaic rule, victims of crime in all areas of the Egyptian countryside called on local police officials to investigate crimes; hold trials; and arrest, question, and sometimes even imprison wrongdoers. Drawing on a large body of textual evidence for the cultural, social, and economic interactions between state and citizen, John Bauschatz demonstrates that the police system was efficient, effective, and largely independent of central government controls. No other law enforcement organization exhibiting such a degree of autonomy and flexibility appears in extant evidence from the rest of the Greco-Roman world.