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We examine the desirability of granting "safe harbor" provisions to creditors of financial intermediaries in sale-and-repurchase (repo) contracts. Exemption from an automatic stay in bankruptcy enables financial intermediaries to raise greater liquidity and induces entry of intermediaries with...
Persistent link: https://www.econbiz.de/10014468227
There is an inherent tension between the idea that individuals have certain inalienable (natural) rights and the economist's postulate that the rate if utilization of anything whose production requires scarce resources must be limited by considerations of opportunity cost. Remarks about rights...
Persistent link: https://www.econbiz.de/10012479113
This part deals with the basic elements of property law. I begin in chapter 7 by examining the fundamental question of what justifies the social institution of property, that is, the rationale for the rights that constitute what we commonly call ownership. I also discuss examples of the...
Persistent link: https://www.econbiz.de/10012469003
A central requirement in the design of a legal system is the protection of law enforcers from coercion by litigants through either violence or bribes. The higher the risk of coercion, the greater the need for protection and control of law enforcers by the state. This perspective explains why, in...
Persistent link: https://www.econbiz.de/10012470452
Contract law governs agreements between parties. This paper contains the chapters on contract law from a general, forthcoming book, Foundations of Economic Analysis of Law (Harvard University Press, 2003). Chapter 13 presents an overview of the subject. Chapter 14 is concerned with contract...
Persistent link: https://www.econbiz.de/10012469002
This paper analyses data on union and employer rankings of different panels of arbitrators in an actual arbitration …
Persistent link: https://www.econbiz.de/10012477134
Informal institutions govern property rights and disputes when formal systems are weak. Well-functioning institutions should help people reach and maintain bargains, minimizing violence. Can outside organizations engineer improvements and reduce violent conflicts? Will this improve property...
Persistent link: https://www.econbiz.de/10012453233
about the extent to which conventional arbitration decisions are fashioned as mechanical compromises of the parties' final … in the arbitration decisions, this evidence of mechanical compromise behavior should be viewed as characterizing the … overall operation of conventional arbitration mechanisms and not the behavior of individual arbitrators in any particular case …
Persistent link: https://www.econbiz.de/10012477235
The governance and transaction cost insights of Oliver Williamson (1975, 1985, 1996, 2010) and Ronald Coase (1937, 1992) have framed antitrust polices and firm management strategies. Transaction cost economics explain efficient governance adaptation. With a focus on private efficiency gains...
Persistent link: https://www.econbiz.de/10014576632
This paper contributes to the literature on innovation policies and institutional theory on conditions for effective …
Persistent link: https://www.econbiz.de/10014247942