The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained...

An important question in the economic study of enforcement is the appropriate, and the actual, division of responsibilities between public and private enforcers. This question has been brought into sharp focus recently by an article in which Gary Becker and George Stigler advocate the...

One of the conjectured benefits of establishing the legal recognition of samesex partnerships is that it would promote a culture of responsibility and commitment among homosexuals. A specific implication of this claim is that "gay marriage" will reduce the prevalence of sexually transmitted...

In this essay, we discuss empirical research on the economic effects of the civil justice system. We discuss research on the effects of three substantive bodies of law- contracts, torts, and property- and research on the effects of the litigation process. We begin with a review of studies of...

The controversies surrounding gun control policies have recently moved to the forefront of public's attention in the United States and elsewhere. Since 2005, eighteen states in the United States have passed laws extending the right to self-defense with no duty to retreat to any place a person...

From 2000 to 2010, more than 20 states passed laws that make it easier to use lethal force in self-defense. Elements of these laws include removing the duty to retreat in places outside of one's home, adding a presumption of reasonable belief of imminent harm, and removing civil liability for...

Despite the growing need for surrogate decision-making for older adults, little is known about how surrogates make decisions and whether advance directives would change decision-making. We conducted a nationally representative experimental survey that cross-randomized cognitive impairment,...

Recent litigation against major tobacco companies culminated in a Master Settlement Agreement' (MSA) under which the participating companies agreed to compensate most states for Medicaid expenses. We outline the terms of the settlement and analyze whether it was a move toward economic efficiency...

Because the optimal level of medical malpractice liability depends on the incentives provided by the health insurance system, the rise of managed care in the 1990s may affect the relationship between liability reform and defensive medicine. In this paper, we assess empirically the extent to...

Previous research suggests that "direct" reforms to the liability system -- reforms designed to reduce the level of compensation to potential claimants -- reduce medical expenditures without important consequences for patient health outcomes. We extend this research by identifying the mechanisms...