Download optional law the structure of legal entitlements in pdf or read optional law the structure of legal entitlements in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get optional law the structure of legal entitlements in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



Optional Law

Author: Ian Ayres
Publisher: University of Chicago Press
ISBN: 9780226033488
Size: 39.11 MB
Format: PDF, ePub, Docs
View: 5271
Download and Read
Spurred by the advances in option theory that have been remaking financial and economic scholarship over the past thirty years, a revolution is taking shape in the way legal scholars conceptualize property and the way it is protected by the law. Ian Ayres's Optional Law explores how option theory is overthrowing many accepted wisdoms and producing tangible new tools for courts in deciding cases. Ayres identifies flaws in the current system and shows how option theory can radically expand and improve the ways that lawmakers structure legal entitlements. An option-based system, Ayres shows, gives parties the option to purchase—or the option to sell—the relevant legal entitlement. Choosing to exercise a legal option forces decisionmakers to reveal information about their own valuation of the entitlement. And, as with auctions, entitlements in option-based law naturally flow to those who value them the most. Seeing legal entitlements through this lens suggests a variety of new entitlement structures from which lawmakers might choose. Optional Law provides a theory for determining which structure is likely to be most effective in harnessing parties' private information. Proposing a practical approach to the foundational question of how to allocate and protect legal rights, Optional Law will be applauded by legal scholars and professionals who continue to seek new and better ways of fostering both equitable and efficient legal rules.

Chinese Small Property

Author: Shitong Qiao
Publisher: Cambridge University Press
ISBN: 1316812162
Size: 80.82 MB
Format: PDF
View: 6150
Download and Read
Small property houses provide living space to about eight million migrant workers, office space for start-ups, grassroots police stations and public schools; their contribution to the economic growth and urbanization of a city is immense. The interaction between the small property sector and the formal legal order has a long history and small property has become an established engine of social and legal change. Chinese Small Property presents vivid stories about how institutional entrepreneurs worked together to create an impersonal market outside of the formal legal system to support millions of transactions. Qiao uses an eleven-month fieldwork project in Shenzhen - China's first special economic zone that has grown to a mega city with over fifteen million people - to demonstrate this. A thorough and detailed investigation into small property rights in China, Chinese Small Property is an invaluable source of new information for students and scholars of the field.

Law And Economics Of Possession

Author: Yun-chien Chang
Publisher: Cambridge University Press
ISBN: 1316033384
Size: 41.40 MB
Format: PDF, Docs
View: 6020
Download and Read
Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy, Austria.

Law Capitalism

Author: Curtis J. Milhaupt
Publisher: University of Chicago Press
ISBN: 0226525295
Size: 18.17 MB
Format: PDF, ePub, Mobi
View: 7754
Download and Read
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.

Author:
Publisher:
ISBN: 9787309106343
Size: 74.60 MB
Format: PDF, Mobi
View: 598
Download and Read
本书探讨了期权理论对法学界主流观念的颠覆性影响,综述了司法实践中期权理论如何为法庭实施产权保护提供新的判决依据,指出现行美国司法体制中的纰漏,并指出期权理论能够极大地拓展和完善法庭在分配法律权益时可以使用的方式方法.

Author:
Publisher:
ISBN: 9041199578
Size: 16.39 MB
Format: PDF, ePub, Docs
View: 2514
Download and Read

The Future Of Law And Economics

Author: Guido Calabresi
Publisher: Yale University Press
ISBN: 0300216262
Size: 12.64 MB
Format: PDF
View: 6053
Download and Read
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.

Moral Panics And The Copyright Wars

Author: William Patry
Publisher: Oxford University Press
ISBN: 0195385640
Size: 52.84 MB
Format: PDF, ePub, Docs
View: 3893
Download and Read
In Moral Panics and the Copyright Wars, William Patry offers a lively, unflinching examination of the pitched battles over new technology, business models, and most of all, consumers. He lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. A centrist and believer in appropriately balanced copyright laws, Patry concludes that the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning.