In July 2014, against the backdrop of an escalating conflict in Ukraine and the crash of a civilian passenger airliner in the active combat zone there, the OECD's sanctions against Russia were severely toughened. A ban was imposed on the issuance of long-term loans (for periods over 90 days) to...

The law influences the behavior of its citizens in various ways. Well understood are the direct effects of legal rules. By imposing sanctions or granting subsidies, the law either expands or contracts the horizon of opportunities within which individuals can satisfy their preferences. In this...

Brett v. Gilbert (1605), commonly known as the Case of Mixt Monies, confirms the principle of monetary nominalism in the common law of obligations. It is fundamental to the modern understanding of the legal nature of obligations to pay money and goes far to define a distinctive conception of...

Juries are a fundamental element of the criminal justice system. In this paper, we model jury decision-making as a function of three institutional variables: jury size, voting requirement, and the applicable standard of proof. Changes in jury size, voting requirements, and standards of proof...

Recent changes in the former communist countries have demonstrated the importance of a legal system for economic progress. A legal system defines property rights, allows for exchange of property rights, and protects property rights. Countries with a rule of law and well established property...

This paper offers an account of the important role which an obligation to provide reasons can play in avoiding some of the systematic difficulties encountered in the theory of rational social choice. The paper builds on some of the insights offered by theories of structure-induced equilibrium....

The book covers many subjects related to the economic analysis of basic law. It has twenty-nine chapters in seven parts or sections, a comprehensive list of references and two indexes (authors and subjects). Particular attention is devoted to the positive analysis of law, although the normative...

This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...

It is increasingly common for commentators to argue that common law judicial review and human rights law are merging to form a unified field of public law, characterised by common functions, norms, concepts and methods, and/or that the two fields ought to be so unified. Such commentators...

The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and...