This paper looks to explore the effects of James Buchanan's book Cost and Choice since its publication. I discuss how Cost and Choice has had a limited impact on the treatment of welfare economics within Law & Economics. I then elaborate on Buchanan's discussion to highlight other issues within...

There is a widespread belief throughout Latin America that the judicial sector is not in a position to foster private sector development within a market system. The courts are overburdened and unable to dispose of cases in a timely fashion. As a result, frustrated litigants lose faith in the...

We interpret Adam Smith on reputation, commutative justice, and defamation laws. We address two major questions. The first question concerns whether Smith thought that “one’s own” as covered by commutative justice included one’s reputation. Several passages point to the affirmative. But...

For digital information goods, economic logic seems to demand price discrimination which in turn seems to demand an implementation in the form of Digital Rights Management (DRM). The article critiques this attitude, using the recent Sony BMG rootkit case as an example. It tries to break through...