When Law and Economics Was a Dangerous Subject


Book Description

At the turn of the 20th century railroad regulation was hotly debated in the US. Railways were accused of abusing of their monopolistic positions, in particular by discriminating rates. Public opinion's pressure for tighter regulation led to the 1906 enactment of the Hepburn Act, which strengthened the powers of the Interstate Commerce Commission. American economists actively participated to the debate. While most of them sided with the pro-regulation camp, the best economic analysis came from those who used the logic of modern law and economics to demonstrate how most railroads' practices, including rate discrimination, were simply rational, pro-efficiency behavior. However, as relatively unknown Chicago University economist Hugo R. Meyer would discover, proposing that logic in public events could at that time cost you your academic career.




Behavioral Law and Economics


Book Description

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.




The Future of Law and Economics


Book Description

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.




The Curse of Bigness


Book Description

From the man who coined the term "net neutrality" and who has made significant contributions to our understanding of antitrust policy and wireless communications, comes a call for tighter antitrust enforcement and an end to corporate bigness.




The Law of Political Economy


Book Description

"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--




The Corporation and the Twentieth Century


Book Description

"Over the course of most of the twentieth century, new technologies drove increasing diversification and specialization within the economy. Du Pont, for example, which invented nylon during the Depression, managed the complexity of widespread diversification by pioneering the decentralized multidivisional organizational structure, which was almost universally adopted in large American firms after World War II. Whereas in the nineteenth century there had been just a handful of employees at their Wilmington headquarters, by 1972 there were perhaps 10,000 managers inhabiting a vast complex at the same location. The conventional wisdom is that this huge trend withdrew large swaths of the American economy from the realm of the free market and entrusted them to a new class of professional managers who had at their disposal increasingly powerful scientific methods of accounting and forecasting. It was the superior ministrations of these managers, apparently, not relative prices, that equilibrated supply and demand and made sure that goods flowed smoothly from raw materials to the final consumer. Economic historian Richard Langlois argues that it wasn't so simple. The Corporation and the Twentieth Century is an accessible account of American business enterprise and administrative planning, looking at both the rise and demise of managerial coordination, and the history of antitrust policy in this context. Offering an authoritative counterpoint to Alfred Chandler's classic The Visible Hand, Langlois shows how historic events in the twentieth century came together to drastically change the organization of American businesses. Contrary to the beliefs of some business historians, he maintains that large managerial corporations arose not because of their superiority, but as a result of systematic technological changes and larger historic forces, and that post-war events such as the Vietnam War and the fall of Bretton Woods culminated in the resurgence of market coordination, in the institutional innovations of deregulation, and in the creation of decentralized new technology. Controversially, Langlois argues that those antitrust policies viewed as successes in the past are in fact failures, and holds that there was never a period during which antitrust kept size, concentration or monopoly at bay"--




Law's Order


Book Description

Publisher Fact Sheet Examines the relationship between economics & the law.




Contemporary Issues in Law and Economics


Book Description

Law and economics is the field of study devoted to understanding laws and legal institutions using the tools of economic theory. This growing subject has become a mainstream area of study in both law schools and economics departments and this book explores the "law and economics" approach to some of the most interesting questions, issues, and topics in law, order, and justice. Contemporary Issues in Law and Economics considers what economists call the "positive" analysis of the law – that is, using economic theory to explain the nature of the law as it actually exists. As part of this approach the author examines questions such as, what is the economic basis for the predominance of negligence rules in tort law? And, what is the explanation for the illegality of blackmail? Furthermore, another set of questions arises where the law seems to depart from the prescriptions of economic theory, and these issues are also examined in this volume. For example, the deeply rooted norm of proportionality between punishments and crimes, and the use of escalating penalties for repeat offenders, are both explored. With self-contained chapters written in a non-technical style, this book offers a rigorous discussion of the above themes while remaining accessible to those without formal legal or economic training. It offers the ideal introduction to the field of law and economics while also providing a basis for students in more advanced courses.




"Are Economists Basically Immoral?"


Book Description

""Art Economists Basically Immoral?" and Other Essays on Economics, Ethics, and Religion is a collection of Heyne's essays focused on an issue that preoccupied him throughout his life and which concerns many free-market skeptics - namely, how to reconcile the apparent selfishness of a free-market economy with ethical behavior." "Written with the nonexpert in mind, and in a highly engaging style, these essays will interest students of economics, professional economists with an interest in ethical and theological topics, and Christians who seek to explore economic issues."--BOOK JACKET.




Economics in One Lesson


Book Description

With over a million copies sold, Economics in One Lesson is an essential guide to the basics of economic theory. A fundamental influence on modern libertarianism, Hazlitt defends capitalism and the free market from economic myths that persist to this day. Considered among the leading economic thinkers of the “Austrian School,” which includes Carl Menger, Ludwig von Mises, Friedrich (F.A.) Hayek, and others, Henry Hazlitt (1894-1993), was a libertarian philosopher, an economist, and a journalist. He was the founding vice-president of the Foundation for Economic Education and an early editor of The Freeman magazine, an influential libertarian publication. Hazlitt wrote Economics in One Lesson, his seminal work, in 1946. Concise and instructive, it is also deceptively prescient and far-reaching in its efforts to dissemble economic fallacies that are so prevalent they have almost become a new orthodoxy. Economic commentators across the political spectrum have credited Hazlitt with foreseeing the collapse of the global economy which occurred more than 50 years after the initial publication of Economics in One Lesson. Hazlitt’s focus on non-governmental solutions, strong — and strongly reasoned — anti-deficit position, and general emphasis on free markets, economic liberty of individuals, and the dangers of government intervention make Economics in One Lesson every bit as relevant and valuable today as it has been since publication.