Law and Economics Commons^™

False Efficiency And Missed Opportunities In Law And Economics, Shawn J. Bayern

Scholarly Publications

This Article points out a simple flaw common to many law-and-economics analyses, ranging from fundamental models like the Hand Formula to narrower arguments like those that oppose the doctrine of unconscionability.

The flaw is straightforward: economic analyses of law often assume, either implicitly or explicitly that when it is more efficient for an activity to occur than for it not to occur it is efficient for legal rules to encourage the activity. Even on grounds of efficiency alone, however, knowing in isolation whether an activity produces more wealth than its absence is insufficient to conclude that the activity is efficient. …

Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.

Towards A Bargaining Theory Of The Firm, Manuel A. Utset

Scholarly Publications

No abstract provided.