What role does defensive conduct play in a utilitarian theory of tort law? Why are rational (as opposed to instinctive) defensive actions permitted by tort doctrine? To address these questions I will build on the property and liability rules framework. I argue that defensive conduct plays an...

This paper presents the phenomenon of crowdfunding — one of the newest approaches to financing the production of cultural works. While being a rather revolutionary alternative to traditional publishers, record labels, and other cultural producers, crowdfunding poses several interesting...

This article was prepared as a contribution to the Chapman Law Review's symposium on “Libertarian Legal Theory.” While libertarian legal theory and law and economics share many affinities there are places in which both the method of the common law and the substantive rules of the common law...

Property is complex but nonetheless, decisions-makers need to make decisions relating to property all the time. This paper uses both traditional law and economics and behavioral law and economics to theoretically consider how decision-makers may make decisions with respect to property. It...

This Article addresses the question of whether cultural property laws, which require archaeological artifacts to remain in countries of origin, have been a boon for nations with extensive archaeological records, as most archaeologists and lawmakers presume, or have hampered archaeological...

This is a survey of the field of economic analysis of law, focusing on the work of economists. The survey covers the three central areas of civil law - liability for accidents (tort law), property law, and contracts - as well as the litigation process and public enforcement of law

The copyright system has long been understood to play a critical role when it comes to the development and distribution of creative work. Copyright serves a second fundamental purpose, however: it encourages the development and distribution of related technologies like hardware that might be...

The so-called Chicago School of law and economics, which emerged in the late 1970s, was regarded by many lawyers with considerable suspicion. Much of this suspicion was due to the artificial and unrealistic nature of the assumptions about human motivation that underpinned that School’s...

This paper examines fair-dealing and fair-use copyright exceptions in terms of their economic properties. A particular question in the United Kingdom is whether there would be economic advantages, in terms of promoting economic growth through the encouragement of innovative creative work, from...