The Rise of Law and Economics

The Rise of Law and Economics

Author: George L. Priest

Publisher: Routledge

Published: 2020-03-03

Total Pages: 176

ISBN-13: 1000701174

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This is a history—though, intentionally, a brief history—of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field’s relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field—Ronald Coase, Guido Calabresi, and Richard Posner—and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991. This is an essential companion to law and economics texts for undergraduate law and economic students and, especially, a general supplement to first-year casebooks for law school students.


The New Stock Market

The New Stock Market

Author: Merritt B. Fox

Publisher: Columbia University Press

Published: 2019-01-08

Total Pages: 612

ISBN-13: 023154393X

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The U.S. stock market has been transformed over the last twenty-five years. Once a market in which human beings traded at human speeds, it is now an electronic market pervaded by algorithmic trading, conducted at speeds nearing that of light. High-frequency traders participate in a large portion of all transactions, and a significant minority of all trade occurs on alternative trading systems known as “dark pools.” These developments have been widely criticized, but there is no consensus on the best regulatory response to these dramatic changes. The New Stock Market offers a comprehensive new look at how these markets work, how they fail, and how they should be regulated. Merritt B. Fox, Lawrence R. Glosten, and Gabriel V. Rauterberg describe stock markets’ institutions and regulatory architecture. They draw on the informational paradigm of microstructure economics to highlight the crucial role of information asymmetries and adverse selection in explaining market behavior, while examining a wide variety of developments in market practices and participants. The result is a compelling account of the stock market’s regulatory framework, fundamental institutions, and economic dynamics, combined with an assessment of its various controversies. The New Stock Market covers a wide range of issues including the practices of high-frequency traders, insider trading, manipulation, short selling, broker-dealer practices, and trading venue fees and rebates. The book illuminates both the existing regulatory structure of our equity trading markets and how we can improve it.


The Cost of Crime

The Cost of Crime

Author: David A. Anderson

Publisher: Now Pub

Published: 2012-09

Total Pages: 72

ISBN-13: 9781601985903

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The Cost of Crime provides estimates of the annual cost of crime in the United States. A better understanding of the repercussions of crime could guide the prioritization of law enforcement, education, and social programs that deter criminal activity. Traditional measures of criminal activity count crimes or estimate direct costs that typically include the costs of policing, corrections, criminal justice, and replacing stolen merchandise. This study estimates the burden of a broad set of crime's repercussions, both direct and indirect, to tell a more complete story. This study places less emphasis on imprecise counts of crimes than most previous measures of crime's burden. The comprehensive approach adopted here captures several types of cost shifting that can result from crime prevention efforts. The inclusion of private crime prevention expenditures in this study captures the potential for public expenditures to reduce total societal outlays for crime, with or without a decrease in the crime rate. The comprehensive scope of this study also accounts for regional shifts in crime. This study examines costs for the entire nation, which accounts for the possibility of losses in one region of the United States substituting for losses in another. For the purposes of this research, the cost of crime is defined to include all costs that would not exist in the absence of illegal behavior under current law. The benchmark in this study is perfect compliance with the law. The Cost of Crime speaks to the benefits of cooperation and ethical behavior. In the ideal state of voluntary legal compliance, there would be no need for expenditures on crime prevention, no costly repercussions of criminal acts, and no losses due to fear and distrust. We will not reach that ideal state, but with knowledge of the full cost of crime, we also know the benefit of eliminating a more realistic fraction of that cost. Valid questions remain regarding the inclusion of particular cost components in the calculation of crime's burden. The approach here is to sidestep unsolvable debates by providing itemized lists of crime-cost elements. This enables the reader to adopt customized formulations for the cost of crime.


Law & Capitalism

Law & Capitalism

Author: Curtis J. Milhaupt

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 281

ISBN-13: 0226525295

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Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.


Regulation Versus Litigation

Regulation Versus Litigation

Author: Daniel P. Kessler

Publisher: University of Chicago Press

Published: 2011-02

Total Pages: 344

ISBN-13: 0226432181

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The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.


Economics and the Law

Economics and the Law

Author: Nicholas Mercuro

Publisher: Princeton University Press

Published: 1997

Total Pages: 250

ISBN-13: 9780691005447

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By providing readers with a noncritical description of the broad contours of each school of thought, Mercuro and Medema convey a strong sense of the important elements of each of these interrelated yet varied traditions.


The Future of Law and Economics

The Future of Law and Economics

Author: Guido Calabresi

Publisher: Yale University Press

Published: 2016-01-28

Total Pages: 248

ISBN-13: 0300216262

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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 Economic Structure of Corporate Law

The Economic Structure of Corporate Law

Author: Frank H. Easterbrook

Publisher: Harvard University Press

Published: 1996-02-01

Total Pages: 386

ISBN-13: 0674253833

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The authors argue that the rules and practices of corporate law mimic contractual provisions that parties would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides the rules and an enforcement mechanism that govern relations among those who commit their capital to such ventures. The authors work out the reasons for supposing that this is the exclusive function of corporate law and the implications of this perspective.


Economic Analysis and Infrastructure Investment

Economic Analysis and Infrastructure Investment

Author: Edward L. Glaeser

Publisher: University of Chicago Press

Published: 2021-11-11

Total Pages: 479

ISBN-13: 022680058X

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"Policy-makers often call for expanding public spending on infrastructure, which includes a broad range of investments from roads and bridges to digital networks that will expand access to high-speed broadband. Some point to near-term macro-economic benefits and job creation, others focus on long-term effects on productivity and economic growth. This volume explores the links between infrastructure spending and economic outcomes, as well as key economic issues in the funding and management of infrastructure projects. It draws together research studies that describe the short-run stimulus effects of infrastructure spending, develop new estimates of the stock of U.S. infrastructure capital, and explore the incentive aspects of public-private partnerships (PPPs). A salient issue is the treatment of risk in evaluating publicly-funded infrastructure projects and in connection with PPPs. The goal of the volume is to provide a reference for researchers seeking to expand research on infrastructure issues, and for policy-makers tasked with determining the appropriate level of infrastructure spending"--


Law and Economics

Law and Economics

Author: Gordon Tullock

Publisher: Selected Works of Gordon Tullo

Published: 2005

Total Pages: 504

ISBN-13:

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Examines the fundamental principles of our legal system from a public choice perspective and compares its efficiency and accuracy with other systems. It presents in full two controversial works by Gordon Tullock, 'The Logic of the Law' and 'The Case against the Common Law', as well as chapters from his 'Trials on Trial' and other innovative articles. Highly critical of the US common law system, Tullock argues for various reforms, even for its replacement with a civil code system.