This paper examines the origins of investor protection under the common law by analysing the development of shareholder … protection in Victorian Britain, the home of the common law. In this era, very little was codified, with corporate law simply …

This paper examines the origins of investor protection under the common law by analysing the development of shareholder … protection in Victorian Britain, the home of the common law. In this era, very little was codified, with corporate law simply …

The fusion of law and equity in common law systems was a crucial moment in the development of modern Anglo-American law …. The central concern of this paper lies in two facts. The first is that the presence of equity in common law systems poses … fundamental questions. What is the place of equity in a modern common law system? Is the purpose of equity, as a distinct …

Is the common law efficient? Neoclassical economists debate whether our inherited systems of judge-made law maximize … arguments about efficiency in the common law. After presenting Hayek's views on the common law as a spontaneous order it … concludes that the common law can indeed be viewed as a spontaneous order only when judges provide their services in a free and …

, damages, restitution), the essay argues that there are three basic “causes of action” in the common law: rights …

review. While there is a consensus on these principles under the common law, the level of deference afforded to Cabinet …

judicial backlash. Such protection was unnecessary in common law countries, where free-market relations enjoyed safer judicial …