Market interactions are brought about by the interplay of entitlements and obligations. Entitlements are rights, as perceived by the individuals. They are subjectively perceived rights that go along with a motivational disposition to defend them. Obligations are the counterparts of entitlements....

The starting point of the theory of contracts coincides with the Roman era, but the moment related to the strengthening of the contract theory is the "social contract". Another episode relevant to this theory is represented by the trend "institutionalism". The institutional value has...

Tax law (section 1031 in particular) has spawned a new investment vehicle-open tenancies in common. Tax law allows property owners to exchange into like-kind real property tax free, but finding suitable replacement property can be difficult. Real estate syndicators, recognizing a demand for...

Business law deals with the creation of new businesses and the issues that arise as existing businesses interact with the public, other companies, and the government. This area of the law draws on a variety of legal disciplines, including tax law, intellectual property, real estate, sales,...

This article responds to the question: "Capitalism: What has gone wrong, what needs to change and how to fix it" for a special volume on capitalism in Oxford Review of Economic Policy. Debates on capitalism get muddled by blind spots about essential institutions, particularly effective...

When a concert or sporting event sells out, the performer appears popular and the venue enjoys the opportunity to maximize profits from the sale of parking, merchandise, food, and beverages. For these and other reasons, event sponsors often underprice tickets. This underpricing creates...

The common intuition that more is better than less often lies at the heart of arguments regarding legal rules. It supports the belief that the right to take an extreme measure with respect to property encompasses the right to take a more moderate one. For example, scholars have claimed that...

Market interactions are brought about by the interplay of entitlements and obligations. Entitlements are rights, as perceived by the individuals. They are subjectively perceived rights that go along with a motivational disposition to defend them. Obligations are the counterparts of entitlements....

Why is tort law much more developed than unjust enrichment law? Is there a reason for the very different legal treatment of governmental takings and governmental givings? Why are contract remedies structured around the four ‘interests’ and why is the disgorgement interest only marginally...

This article analyses the question of initial ownership to patents. Conventionally, intellectual property rights have been considered as limited territorially. Nevertheless, the increase of cross-border exploitation of intellectual property assets reveals shortcomings of the principle of...