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Articles 1 - 7 of 7
Full-Text Articles in Law and Economics
Contract Law’S Transferability Bias, Paul Macmahon
Contract Law’S Transferability Bias, Paul Macmahon
Indiana Law Journal
When A makes a contract with B, it comes as no surprise that she is liable to B. If B can transfer her contractual rights to C, A is now liable to C. Parties in A’s position often have strong reasons to avoid being liable to suit by C. Contract law, however, seems determined to minimize and override these concerns. Under current doctrine on the assignment of contractual rights—the focus of this Article—the law often imposes its own preference for transferability on the parties. The law generally assumes that contractual rights are assignable, construes exceptions to that general rule narrowly, …
Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche
Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche
Indiana Law Journal
Modern law makes currency a creature of the state and ultimately the value of its currency depends on the public’s trust in that state. While some nations are more capable than others at instilling public trust in the stability of their monetary institutions, it is nonetheless impossible for any legal system to make the pre-commitments necessary to completely isolate the governance of its money supply from political pressure. This proposition is true not only today, where nearly all government institutions manage their money supply in the form of central banking, but also true of past private banking regimes circulating their …
Collapsing Illusions: Standards For Setting Efficient Contract And Other Defaults, Steven J. Burton
Collapsing Illusions: Standards For Setting Efficient Contract And Other Defaults, Steven J. Burton
Indiana Law Journal
In this Essay, Professor Burton analyzes and evaluates four commonly used standards for setting efficient default rules and standards. Based on two theoretical insights, he shows that three of them collapse upon analysis into the fourth, a Coasian standard that turns out to be a dead end. The theoretical upshot is that the Coase Theorem often is a good reason to use defaults rather than mandatory rules or standards. But neither the theorem nor reference to a transaction-costless world sustains particular defaults. To set an efficient default, the law should guide courts toward supplying terms that parties should have adopted …
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
IP Theory
No abstract provided.
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
IP Theory
No abstract provided.
Negligence, Economic Loss, And The U.C.C., David B. Gaebler
Negligence, Economic Loss, And The U.C.C., David B. Gaebler
Indiana Law Journal
No abstract provided.
A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations In The Light Of Economic Theory, Robert L. Birmingham
A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations In The Light Of Economic Theory, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.