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Full-Text Articles in Law

The First Great Law & Economics Movement, Herbert J. Hovenkamp Jan 1990

The First Great Law & Economics Movement, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Beginning in the 1880s American economists turned their attention to the law in a way unprecedented in American thought. Some legal academics in turn incorporated economics into their thinking about the law. Whether their output or its impact were great enough to warrant calling their efforts a law and economics "movement" is worth debating. This essay argues that there was such a movement.

Four things account for the increasing interest in law and economics at the turn of the century: (1) the widespread application of evolutionary models to the development of both law and economic theory; (2) the influence of ...


Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen Jan 1990

Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen

Boston College Law School Faculty Papers

In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.