In this paper we examine how individuals should be treated with respect to taxes, subsidies and agenda setting in constitutions in order to obtain efficient allocations of public goods and to limit tax distortions. We show that if public goods are socially desirable, the simple majority rule as...

Questioning the link between private law and the nation-state that is implied by nationalist perceptions of the law, this paper seeks to find support for a transnational (Europeanist, constitutional-patriotist or cosmopolitan) view on private law in constitutional theory. Normative theories of...

Almost all theorizing about law, including the rule of law, begins with government. Analysts from a wide variety of perspectives make this presumption. We contest this presumption. In this paper, we ask whether rule of law is an equilibrium in the absence of private ordering. To address this...

Judges and scholars debate whether trade secrecy’s normative foundations make the most sense when grounded in tort, contract, equity, unjust enrichment, unfair competition, or confidentiality norms. To help settle that debate, this Article applies a taxonomy of the private law developed in...

This introduction to Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik (Thilo Kuntz and Paul B. Miller, eds., Oxford University Press, forthcoming) provides a thematic overview methodological questions and positions taken in contemporary American and German private...

It is universally accepted that, subject to various restrictions including remoteness and mitigation of damage, the purpose of damages for breach of civil obligations is to put the parties whose rights have been breached in the same position, so far as money can do so, as if their rights had...

Should the EU introduce an Optional European Contract Law Code and what should it look like? By applying economic theories of federalism and regulatory competition (legal federalism), it is shown why an Optional Code would be a very suitable legal instrument within a two-level European System of...

Two main approaches have been implemented in regional CO2 markets to address competitiveness and carbon leakage: output based allocation (Australia, California, New Zealand) and capacity based allocation (EU). This paper characterizes the best policy, given that auctioning with border adjustment...