Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Economics (13)
- Labor and Employment Law (6)
- Social and Behavioral Sciences (6)
- Economics (5)
- Litigation (5)
-
- Business Organizations Law (4)
- Economic Theory (2)
- Intellectual Property Law (2)
- Legal History (2)
- Legal Profession (2)
- Legal Studies (2)
- Legal Theory (2)
- Property Law and Real Estate (2)
- Arts and Humanities (1)
- Behavioral Economics (1)
- Civil Procedure (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Economic History (1)
- Entertainment, Arts, and Sports Law (1)
- Environmental Law (1)
- Family Law (1)
- History (1)
- Industrial Organization (1)
- Law and Psychology (1)
- Law and Society (1)
- Legal (1)
- Legal Education (1)
- Legal Writing and Research (1)
- Institution
-
- Cornell University Law School (4)
- Selected Works (4)
- SelectedWorks (4)
- Duke Law (3)
- University of Pennsylvania Carey Law School (3)
-
- Boston University School of Law (1)
- Campbell University School of Law (1)
- Edith Cowan University (1)
- Marquette University Law School (1)
- Notre Dame Law School (1)
- School of Education and Human Development at the University of Colorado Denver (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Michigan Law School (1)
- University of San Diego (1)
- Wayne State University (1)
- Publication Year
- Publication
-
- All Faculty Scholarship (3)
- Cornell Law Faculty Publications (3)
- Duke Law Journal (3)
- Stewart J Schwab (3)
- enrico baffi (2)
-
- Campbell Law Review (1)
- Cornell Law Review (1)
- Daniel A Monroy C (1)
- F.E. Guerra-Pujol (1)
- Faculty Scholarship (1)
- Law Faculty Research Publications (1)
- Marquette Sports Law Review (1)
- Michigan Law Review (1)
- Notre Dame Law Review (1)
- Publications (1)
- Research outputs 2014 to 2021 (1)
- Robert Rhee (1)
- San Diego Law Review (1)
- Scholarship Chronologically (1)
- Steven G Medema (1)
- UF Law Faculty Publications (1)
- Publication Type
- File Type
Articles 1 - 30 of 30
Full-Text Articles in Law
Copyright Through The Prism Of The Law And Economics Movement: A Scientific Approach, Nikos Koutras, Marinos Papadopoulos
Copyright Through The Prism Of The Law And Economics Movement: A Scientific Approach, Nikos Koutras, Marinos Papadopoulos
Research outputs 2014 to 2021
This paper discusses aspects of economic analysis of law developed because of the status quo existing on the Internet and of the evolution of legal theory on copyright. It also explores the massive increase of interest in the law and economics of intellectual property during the first decade of twenty-first century. The paper argues that law and economics discourse on copyright foregrounds policymaking with a focus on copyright’s economic ramifications. This paper also examines Coase’s theorem and its influence on considerations about copyright regulatory frameworks and potential reform to keep abreast of ongoing technological advancements and their impact on copyright …
Solving The Problem Of Social Cost Through Legislative Pressure: A Case Study Of The Coase Theorem As Applied To The College Basketball Shoe Scandal, Stephen F. Ross, Miles J. Gueno
Solving The Problem Of Social Cost Through Legislative Pressure: A Case Study Of The Coase Theorem As Applied To The College Basketball Shoe Scandal, Stephen F. Ross, Miles J. Gueno
Marquette Sports Law Review
None
Can Simple Mechanism Design Results Be Used To Implement The Proportionality Standard In Discovery?, Jonah B. Gelbach
Can Simple Mechanism Design Results Be Used To Implement The Proportionality Standard In Discovery?, Jonah B. Gelbach
All Faculty Scholarship
I point out that the Coase theorem suggests there should not be wasteful discovery, in the sense that the value to the requester is less than the cost to the responder. I use a toy model to show that a sufficiently informed court could design a mechanism under which the Coasean prediction is borne out. I then suggest that the actual information available to courts is too little to effect this mechanism, and I consider alternatives. In discussing mechanisms intended to avoid wasteful discovery where courts have limited information, I emphasize the role of normative considerations.
Coase's Twin Towers: The Relation Between The Nature Of The Firm And The Problem Of Social Cost, Stewart J. Schwab
Coase's Twin Towers: The Relation Between The Nature Of The Firm And The Problem Of Social Cost, Stewart J. Schwab
Stewart J Schwab
Ronald Coase's The Nature of the Firm (The Firm) may well be the second most cited article in law and economics. Usually, calling something second best is a backhanded compliment. But in this case the praise is sincere, for Coase also wrote the most cited article, The Problem of Social Cost (Social Cost). Much ink has been spilled over each article. Both are justly famous, and together they make Coase a richly deserving recipient of the Nobel Prize in Economics. The Firm, published in 1937, is most often studied by corporate law or industrial organization specialists (although we should remember …
Collective Bargaining And The Coase Theorem, Stewart J. Schwab
Collective Bargaining And The Coase Theorem, Stewart J. Schwab
Stewart J Schwab
No abstract provided.
Coase, Rents, And Opportunity Costs, Stewart J. Schwab
Coase, Rents, And Opportunity Costs, Stewart J. Schwab
Stewart J Schwab
Professor Posin is to be congratulated on his recent article in this Review, "The Coase Theorem: If Pigs Could Fly," for creating a precise example that purports to disprove the Coase Theorem. Legal scholarship should strive more towards verifiable or falsifiable statements about the law. Of course, falsifiable statements are a risky strategy, and in this case the risk has materialized. Posin's claim—that his example shows a flaw in the Coase Theorem—is false. Posin's claim is an especially bold one, for his example deals with a shifting legal entitlement between two producers. Most successful attacks on the Coase Theorem have …
Resource Movement And The Legal System, Herbert J. Hovenkamp
Resource Movement And The Legal System, Herbert J. Hovenkamp
All Faculty Scholarship
In "The Problem of Social Cost" Ronald Coase considered several common law disputes among neighbors whose economic activities conflicted with one another. For example, Sturges v. Bridgman was a nineteenth century nuisance case involving a pediatrician whose practice was hindered by his neighbor, a confectioner whose operation required a noisy mechanical mortar & pestle. Coase showed that if high transaction costs did not interfere, private bargaining would provide a solution which he characterized as efficient -- namely, that the right to continue would be given to the person who valued it most. For example, if the pediatrician valued the right …
Coase, Herbert J. Hovenkamp
Coase, Herbert J. Hovenkamp
All Faculty Scholarship
This brief essay considers the career, contributions, and influence of Ronald Coase, who passed away in September, 2013. Comments are welcome.
Debating Law's Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema
Debating Law's Irrelevance: Legal Scholarship And The Coase Theorem In The 1960s, Steven G. Medema
Steven G Medema
The paper examines the treatment of the Coase theorem by legal scholars during the 1960s. The analysis demonstrates that it was legal scholars, rather than economists, who took the lead in applying Coase's negotiation result in the legal realm and that the early diffusion of Coase's result in the legal literature is anything but a "Chicago" story. We also observe that legal scholars were interesting in examining the applicability of Coase's result across a wide range of legal issues and, in contrast to economists, who were preoccupied with the efficiency predication of Coase's result, tended to focus on Coase's invariance …
From Coase To Cooter: The Criticisms To Pigou’S Ideas, Enrico Baffi
From Coase To Cooter: The Criticisms To Pigou’S Ideas, Enrico Baffi
enrico baffi
The aim of this paper is at discovering the most profound divergences between Coase and Pigou. Coase is well known for his theorem, but in his article ”The Problem of social Cost” he wants to point all the convincing criticisms to Pigou way of reasoning or, it is probably more correct to say, to Pigou’s oral tradition. I have found at least four criticisms. The last one, that states that it is impossible to have a mechanism of internalization of all social costs , is probably the least appealing but that one that has the strongest roots. I have also …
Managing The Intellectual Property Sprawl, Shubha Ghosh
Managing The Intellectual Property Sprawl, Shubha Ghosh
San Diego Law Review
Professor Merges, despite the centrality of creative persons to his argument, organizes a set of ideas that are conducive to refocusing intellectual property law on users. I present this user-focused argument in this Article through the following five Parts. Part II explains my suggested approach to questions about the design of intellectual property law—an approach based on the new institutional economics and the work of Ronald Coase. Part II also addresses objections to this approach. Part III identifies the user in Professor Merges’s high-level principles grounded in Locke, Kant, and Rawls. Part IV follows this argument with a closer examination …
Coase V. Pigou: A Still Difficult Debate After Fifty Years, Enrico Baffi
Coase V. Pigou: A Still Difficult Debate After Fifty Years, Enrico Baffi
enrico baffi
This paper examine the positions of Coase and Pigou about the problem of the externalities. From the reading of their most two important works it appears that Coase has a more relevant preference for a evaluation of efficiency at the total, while Pigou, with some exception, is convinced that is possible to reach marginal efficiency through taxes. It’s interesting that Coase, who has elaborated the famous theorem, is convinced that is not i to reach the efficiency at the margin every time and that sometimes is necessary a valuation at the total, that tells us which solution is more welfare …
Más Vale Malo Conocido Que…: El Efecto Dotación Y Los Pronósticos Teóricos Del Teorema De Coase, Daniel Monroy
Más Vale Malo Conocido Que…: El Efecto Dotación Y Los Pronósticos Teóricos Del Teorema De Coase, Daniel Monroy
Daniel A Monroy C
Some studies of the "endowment effect" in behavioral economics have criticized the theoretical prediction of the Coase Theorem even in its most basic formulation. This document describes the evidence of the existence of this "anomaly" in individual decision-making in various contexts in order to determine the possible general implications of this effect in the economic analysis itself especially as an explanation for the sometimes, insuperable gap between the willingness to accept for giving a right and the correlative willingness to pay to get it, also the paper describes a contradiction with the assumption of reversibility of preferences at any dot …
The Problem Of Social Replicants: Clones And The Coase Theorem, F.E. Guerra-Pujol
The Problem Of Social Replicants: Clones And The Coase Theorem, F.E. Guerra-Pujol
F.E. Guerra-Pujol
With the recent news that Ridley Scott will be filming and directing another Blade Runner movie, we thought it fitting to revisit and re-examine the battle of the replicants presented in the original version of the film. Thus, the title of this paper, a play on the words of the title of Ronald Coase’s 1960 paper, “The Problem of Social Costs,” refers to the central conflict presented in the original Blade Runner, the conflict between the fictional human clones or “Nexus-6 replicants” in the film and their creator, Dr. Eldon Tyrell, the reclusive genius who created the clones. Although the …
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
Robert Rhee
Private resolution and public adjudication of disputes are commonly seen as discrete, antipodal processes. There is a generally held understanding of the dispute resolution processes. The essence of private dispute resolution is that the parties can arrange the disputed rights and entitlements per agreement and without judicial intervention. In public adjudication, however, the sovereign mandates the substantive and procedural laws to be applied, many of which cannot be changed by either a party’s unilateral decision or both parties’ mutual consent. Neither approach allows a party an option to unilaterally alter important aspects of the process, such as the standards of …
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
UF Law Faculty Publications
Private resolution and public adjudication of disputes are commonly seen as discrete, antipodal processes. There is a generally held understanding of the dispute resolution processes. The essence of private dispute resolution is that the parties can arrange the disputed rights and entitlements per agreement and without judicial intervention. In public adjudication, however, the sovereign mandates the substantive and procedural laws to be applied, many of which cannot be changed by either a party's unilateral decision or both parties' mutual consent. Neither approach allows a party an option to unilaterally alter important aspects of the process, such as the standards of …
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
Faculty Scholarship
Private resolution and public adjudication of disputes are commonly seen as discrete, antipodal processes. There is a generally held understanding of the dispute resolution processes. The essence of private dispute resolution is that the parties can arrange the disputed rights and entitlements per agreement and without judicial intervention. In public adjudication, however, the sovereign mandates the substantive and procedural laws to be applied, many of which cannot be changed by either a party’s unilateral decision or both parties’ mutual consent. Neither approach allows a party an option to unilaterally alter important aspects of the process, such as the standards of …
How To Plot Love On An Indifference Curve, Brian H. Bix
How To Plot Love On An Indifference Curve, Brian H. Bix
Michigan Law Review
In From Partners to Parents: The Second Revolution in Family Law, June Carbone offers nothing less than a whirlwind tour of the current doctrinal and policy debates of Family Law - an astounding feat in a book whose main text (excluding endnotes and appendices) does not reach 250 pages. There seem to be few controversies about which Carbone has not read widely and come to a conclusion, and usually a fair-minded one: from the effect of no-fault divorce reforms on the divorce rate, to the long-term consequences of slavery for the African-American family (pp. 67-84), to whether the Aid to …
Reasons Within Passions: Emotions And Intentions In Property Rights Bargaining, Peter H. Huang
Reasons Within Passions: Emotions And Intentions In Property Rights Bargaining, Peter H. Huang
Publications
This article discusses the role of emotions (or feelings or affects) in property rights bargaining. Real world people choose bargaining strategies based upon not only rational calculations, but also their gut feelings. This article considers the impact of anger and shame on bargaining over property rights and the Coase theorem. Such emotions may depend on beliefs (expectations or assessments) about whether particular strategic decisions should or will occur. Such beliefs can be viewed as attributions over the intentions of others.
How Coasean Bargaining Entails A Prisoners' Dilemma, Wayne Eastman
How Coasean Bargaining Entails A Prisoners' Dilemma, Wayne Eastman
Notre Dame Law Review
No abstract provided.
Time Passage And The Economics Of Coming To The Nuisance: Reassessing The Coasean Perspective, Roy E. Cordato
Time Passage And The Economics Of Coming To The Nuisance: Reassessing The Coasean Perspective, Roy E. Cordato
Campbell Law Review
No abstract provided.
Coase's Twin Towers: The Relation Between The Nature Of The Firm And The Problem Of Social Cost, Stewart J. Schwab
Coase's Twin Towers: The Relation Between The Nature Of The Firm And The Problem Of Social Cost, Stewart J. Schwab
Cornell Law Faculty Publications
Ronald Coase's The Nature of the Firm (The Firm) may well be the second most cited article in law and economics. Usually, calling something second best is a backhanded compliment. But in this case the praise is sincere, for Coase also wrote the most cited article, The Problem of Social Cost (Social Cost). Much ink has been spilled over each article. Both are justly famous, and together they make Coase a richly deserving recipient of the Nobel Prize in Economics.
The Firm, published in 1937, is most often studied by corporate law or industrial organization …
Coase, Rents, And Opportunity Costs, Stewart J. Schwab
Coase, Rents, And Opportunity Costs, Stewart J. Schwab
Cornell Law Faculty Publications
Professor Posin is to be congratulated on his recent article in this Review, "The Coase Theorem: If Pigs Could Fly," for creating a precise example that purports to disprove the Coase Theorem. Legal scholarship should strive more towards verifiable or falsifiable statements about the law. Of course, falsifiable statements are a risky strategy, and in this case the risk has materialized. Posin's claim—that his example shows a flaw in the Coase Theorem—is false.
Posin's claim is an especially bold one, for his example deals with a shifting legal entitlement between two producers. Most successful attacks on the Coase Theorem have …
Do Pigs Need Wings? Introductory Thoughts On Law Reviews, Errors, And The Coase Theorem, Stephen Calkins
Do Pigs Need Wings? Introductory Thoughts On Law Reviews, Errors, And The Coase Theorem, Stephen Calkins
Law Faculty Research Publications
Ever since shepherd children stumbled upon the Dead Sea Scrolls, a small group of scholars controlled access to these writings. These scholars painstakingly edited and published so far about half the historic texts. Scholars not numbered among the select few complained of the arrogance implicit in limiting access to the original materials. Now the critics have their chance. In late 1991 the Biblical Archaeology Society published a "facsimile edition" of the previously unpublished scrolls. Professor Robert H. Eisenman, coeditor of the new edition, boasted that this was "'the last stage in breaking the monopoly' of authorized editors over the scroll …
The Inverse Coase Theorem And Declarations Of War, J. Gregory Sidak
The Inverse Coase Theorem And Declarations Of War, J. Gregory Sidak
Duke Law Journal
No abstract provided.
The Coase Theorem And The War Power: A Response, Harold Hongju Koh
The Coase Theorem And The War Power: A Response, Harold Hongju Koh
Duke Law Journal
No abstract provided.
To Declare War, J. Gregory Sidak
Marginal Utility And The Coase Theorem , Herbert Hovenkamp
Marginal Utility And The Coase Theorem , Herbert Hovenkamp
Cornell Law Review
No abstract provided.
Collective Bargaining And The Coase Theorem, Stewart J. Schwab
Collective Bargaining And The Coase Theorem, Stewart J. Schwab
Cornell Law Faculty Publications
Note On The Desert Theory Paper - 1986, Wendy J. Gordon
Note On The Desert Theory Paper - 1986, Wendy J. Gordon
Scholarship Chronologically
The desert theory paper may be recast under the title: “The Misappropriation Explosion: Desert Theory in Intellectual Property Law” or “Desert Theory Misapplied.”