This paper develops a general theory of land inheritance rules. We distinguish between two classes of rules: those that allow a testator discretion in disposing of his land (like a best-qualified rule), and those that constrain his choice (like primogeniture). The primary benefit of the latter...

The doctrine of fair use allows unauthorized copying of original works of art, music, and literature for limited purposes like criticism, research, and education, based on the rationale that copyright holders would consent to such uses if bargaining were possible. This paper develops the first...

The salvage of historic shipwrecks involves a debate between profit-oriented salvagers, who wish to maximize profit, and archeologists, who wish to maximize historical value. We use a principal-agent model to derive the optimal reward scheme for salvagers, including a minimum duty of care in...

Standard economic models of negligence set a single standard of care to which all injurers must conform. When injurers differ in their costs of care, this leads to distortions in individual care choices. This paper derives the characteristics of a negligence rule that induces optimal care by all...

A fundamental principle of economics is that specialization and the division of labor increase the productivity of workers by allowing them to concentrate on narrowly defined tasks. However, not all firms appear to promote a high degree of specialization, but instead rotate workers among several...

A key question in the literature on legal change is whether the law evolves via the conscious efforts of judges or is the result of invisible-hand processes. This paper confirms Priest's claim that when judges are unbiased, selective litigation alone can cause the law to evolve toward...

We examine the link between social institutions and individuals' propensity to cooperate in a simple game theoretic framework. To begin, we transform the usual prisoner's dilemma game over material payoffs into one with utility payoffs by including non-material preferences. By introducing a...

This paper clarifies the relationship between an injurer's wealth level and his care choice by highlighting the distinction between monetary and non-monetary care. When care is non-monetary, wealth-constrained injurers generally take less than optimal care, and care is increasing in their wealth...

The first professional base ball clubs came in two varieties: stock clubs, which paid their players fixed wages, and player cooperatives, in which players shared the proceeds after expenses. We argue that stock clubs were formed with players of known ability, while co-ops were formed with...

Conventional tort law bars victims of exposure to a toxic substance from filing suit until they actually develop symptoms of illness. Practically speaking, this rule often bars recovery due to bankruptcy and causal uncertainty. One solution is to allow victims to file at exposure for expected...