TY - BOOK AU - Spurr,Stephen Josiah TI - Economic foundations of law SN - 9781351239769 AV - K487.E3 U1 - 343/.07 23 PY - 2019/// CY - London PB - Routledge KW - Law and economics KW - LAW KW - Military KW - bisacsh KW - Business & Financial KW - BUSINESS & ECONOMICS / General KW - BUSINESS & ECONOMICS / Economics / Microeconomics KW - LAW / General N1 -

Chapter 1: Principles of Microeconomics (I)

A Basic Principle: the Fungibility of Money

Cost

Demand Curves and Supply Curves

The Equilibrium of a Competitive Market

Price Ceilings

The Market for Lawyers

The Factor Market

The Effects of a Tax

The Effects of a Subsidy

Elasticities

Income and Substitution Effects

Chapter 2: Principles of Microeconomics (II)

Monopolies and Cartels

Relation Between Marginal and Average Amounts

Cartels

Game Theory and the Prisoners' Dilemma

Rent-Seeking Behavior

Capital; Human Capital

The Present Value of Future Payments

Interest Rates

Efficient Capital Markets

Externalities

Attitudes Toward Risk

Markets with Incomplete Information: Moral Hazard and Adverse Selection

Public Goods

Appendix 2.1: Continuous Compounding

Chapter 3: Introduction to the Legal System

Litigation and the Court System

Precedents and the Common Law

How the Supreme Court Decides Whether to Grant Certiorari

Different Standards of Proof

The U.S. Constitution

The Division of Jurisdiction Between Federal and State Courts

Chapter 4: Property Law

Efficiency

Transactions Costs

Bilateral Monopoly

How Disputes are Decided by Law

The Coase Theorem

Eminent Domain

Self-Assessment

How the Entitlement Should be Protected

How to Determine Ownership of Property

Intellectual Property

Chapter 5: Problems of Incomplete Property Rights

Inalienability

Problems When there are no Property Rights:

Problems When Property Rights are Divided:

Problems When Property Rights are Uncertain:

Limits on the Disposition of Property at Death:

Appendix 5.1: When Should a Tree be Harvested

Chapter 6: Informal Creation of Property Rights

Property Rights in Surfing

The Gold Rush

Sharecropping Contracts

Whaling Customs

The Division of Profits in Law Firms

The Shakers

Chapter 7: The Law of Contracts

The Economic Functions of the Law of Contracts

General Rules of Contract Law

The Common Law of Slavery

The Controversy Concerning Standard Form Contracts

Unconscionability

Remedies for Breach of Contract

The Lost-Volume or Expansible Seller

Specific Performance

Liquidated Damages and Penalties.

Chapter 8: Torts

Negligence

Strict Liability

The Learned Hand Rule

The Law of Rescue

The Collateral Source Rule

Comparative Negligence

More on Strict Liability

Medical Malpractice

Contribution

Damages

Subrogation

Whether Dangerous Conduct Should Be Controlled By Tort Law or Regulation

No-Fault Automobile Insurance

Chapter 9: The Economics of Litigation

An Optimal Judicial System

The Standard of Proof for a Preliminary Injunction

The Economic Model of Litigation

Pre-trial Discovery

Procedural Rules Which Make Litigation More Efficient

Agency Problems

The English Rule

Court Delay

Expert Witnesses

Determining the Quality of a Judge (or a Court)

Whether the Common Law Is Efficient

Rules of Collateral Estoppel

The Jury

Analyzing Litigation with Game Theory

Chapter 10: Criminal Law

The Economic Model of Crime and Punishment

The Optimal Type of Punishment

An Application: Megan's Laws

Evaluating the System of Law Enforcement

Measuring the Determinants of Crime and the Benefits of Law Enforcement

Markets for Crime

Externalities Resulting From Precautions Taken Against Crime; Lojack

The Economics of Gun Ownership and Use

Factors Affecting the Quality of Law Enforcement

Public Versus Private Enforcement of Law

Chapter 11: Corporations and Financial Markets

The Characteristics of the Corporation

Common and Preferred Stock

Potential Conflicts Between Managers and Stockholders:

Compensation of Investment Advisors

The Competition to be the State of Incorporation

The Prohibition of Insider Trading

Conflicts Among Shareholders

Deposit Insurance and Moral Hazard

Bankruptcy Law

The Economics of Bank Regulation

Chapter 12: Taxation

The Effects of a Death Tax

Social Security

The Effect on Savings of Tax Rules Concerning Interest

The Proposal for a Tax on Consumption

Charitable Contributions

Depreciation

Percentage Depletion

The Subsidy for Residential Housing

The Social Cost of the Tax Exemption of Interest on Municipal Bonds

Chapter 13: Topics in Labor Law

Covenants Not to Compete

General and Firm-Specific Human Capital

Maximum and Minimum Wages

Employment Protection Laws

Regulation of Pensions

Comparable Worth

Glossary

Notes

Index

; Cover; Half Title; Title Page; Copyright Page; Dedication; Table of Contents; List of figures; List of tables; Preface; Acknowledgments; Table of cases; 1 Principles of microeconomics (I); A basic principle: the fungibility of money; Cost; Demand curves and supply curves; The equilibrium of a competitive market; Price ceilings; The market for lawyers; The factor market; The effects of a tax; The effects of a subsidy; Elasticities; Income and substitution effects; 2 Principles of microeconomics (II); Monopolies and cartels; Relation between marginal and average amounts; Cartels; Game theory and the prisoners' dilemmaRent-seeking behavior; Capital; human capital; The present value of future payments; Interest rates; Efficient capital markets; Externalities; Attitudes toward risk; Markets with incomplete information; Public goods; Appendix 2.1: Continuous compounding; 3 Introduction to the legal system; Litigation and the court system; Precedents and the common law; Different standards of proof; Quantifying the standard of proof; The U.S. Constitution; The division of jurisdiction between federal and state courts; 4 Property law; Efficiency; Transaction costs; Bilateral monopolyHow disputes are decided by law; The Coase Theorem; Eminent domain; Self-assessment; How the entitlement should be protected; How to determine ownership of property; Intellectual property; 5 Problems of incomplete property rights; Inalienability; Problems when there are no property rights; Problems when property rights are divided; Problems when property rights are uncertain; Limits on the disposition of property at death; Appendix 5.1: When should a tree be harvested?; 6 Informal creation of property rights; Property rights in surfing; The Gold Rush; Sharecropping contracts; Whaling customsThe division of profits in law firms; The Shakers; 7 The law of contracts; The economic functions of the law of contracts; General rules of contract law; The common law of slavery; The controversy concerning standard form contracts; Unconscionability; Remedies for breach of contract; The lost-volume or expansible seller; Specific performance; Liquidated damages and penalties; 8 Torts; Negligence; Strict liability; The Learned Hand rule; The law of rescue; The collateral source rule; Comparative negligence; More on strict liability; Medical malpractice; Contribution; Damages; SubrogationSubrogation and potential moral hazard of tort victims; The economics of subrogation; Moral hazard arising from abolition of the collateral source rule; A note on trial strategy: should the jury know about insurance?; Whether dangerous conduct should be controlled by tort law or regulation; No-fault automobile insurance; 9 The economics of litigation; An optimal judicial system; The standard of proof for a preliminary injunction; The economic model of litigation; Pre-trial discovery; Procedural rules which make litigation more efficient; Agency problems; Class actions N2 - The third edition of Economic Foundations of Law introduces readers to the economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation, and labor law. No prior knowledge of law is required, but a prior course in the principles of microeconomics would be quite helpful. The text opens with a review of the basic principles of price theory and an overview of the legal system, to ensure readers are equipped with the tools necessary for economic analysis of the law. The third edition provides expanded or new coverage of key topics including intellectual property law, how the creation of new forms of property rights affects the conservation of species such as elephants and fish, controversies involving liability for medical malpractice and class actions, the transformation of personal injury litigation by the intervention of insurance companies as plaintiffs, how to predict the outcome of litigation with game theory, an economic analysis of the ownership and use of guns, bankruptcy law, and the economics of bank regulation. Comprehensive and well-written, this text is a compelling introduction to law and economics that is accessible to both economics and law students UR - https://www.taylorfrancis.com/books/9781351239783 UR - http://www.oclc.org/content/dam/oclc/forms/terms/vbrl-201703.pdf ER -