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Full-Text Articles in Jurisprudence
The Market As A Legal Concept, Justin Desautels-Stein
The Market As A Legal Concept, Justin Desautels-Stein
Publications
In the wake of the recent financial crisis of 2008, and in the run-up to what some are calling a perfect fiscal storm, there is no shortage of commentary on the need for fundamental market reform. Though there are certainly disagreements about where the real problems are and what to do, almost all the commentary remains wedded to an old and entirely false image of “free competition.” Of course, there is hardly consensus about whether markets require the heavy hand of regulative control, or are better left to regulate themselves, but a belief in the distinction between these two images …
The Problem Of Transaction Costs, Pierre Schlag
The Brilliant, The Curious, And The Wrong, Pierre Schlag
The Brilliant, The Curious, And The Wrong, Pierre Schlag
Publications
No abstract provided.
An Appreciative Comment On Coase's The Problem Of Social Cost: A View From The Left, Pierre Schlag
An Appreciative Comment On Coase's The Problem Of Social Cost: A View From The Left, Pierre Schlag
Publications
Professor Coase's article, The Problem of Social Cost, played a significant role in launching the law and economics movement. Coase's insights have been used extensively by the law and economics movement as authority and inspiration for the development of an essentially right-leaning approach to law. In this Article, Professor Schlag undertakes to reexamine the original article. He shows that Coase's deconstructive moves opened up a series of volatile and radical inquiries. He then argues that the law and economics movement, in general, and Judge Posner, in particular, shut down the dangerous radicalism of these inquiries by hypostasizing Coase's insights …