Contract today increasingly links entrepreneurial innovations to the efforts and finance necessary to transform ideas into value. In this Chapter, we describe the match between a form of contract that "braids" formal and informal contractual elements in novel ways and the process by which...

Fresh off of the most substantial national liquidity crisis of the last generation and the enactment of sweeping credit card regulation in the form of the Credit CARD Act, Congress continues to deliberate, with a continuing drumbeat of support from lobbyists, a set of new regulations for credit...

Using the familiar insight that principals and agents can jointly gain by reducing agency costs, this essay argues (1) that lawyers hoping to attract clients should seek to improve the quality of representation in mass tort cases and to signal their reliability and honesty; (2) that lawyers have...

In this paper we criticize the so-called 'more economic approach' to European competition law for its disregard of the importance of a functional system of private law. The more economic approach presumes that vertical integration is an economically efficient governance-mechanism. This...

Incumbent firms, especially in high-tech industries, often contract and collaborate with small research units on single projects. A delicate resulting contracting decision thus is how to allocate control. This paper considers the incumbent's problem to design a research contract that specifies:...

Williamson argues that a principal will only trust an agent when there are safeguards to ensure the agent has an incentive for trustworthiness. However, such circumstances are devoid of vulnerability and possibility for betrayal. Williamson claims that this is not trust at all. I argue that a...

This paper argues that the key to success for any business enterprise is to build and maintain relevancy in the market place, whilst also remaining relevant to all the various stakeholders within the firm (e.g., employees and investors). Relevancy in the market means delivering products or...

As knowledge production becomes more specialized, studying complex and multi-faceted empirical realities becomes more difficult. This has created a growing need for cross-fertilization and collaboration between research disciplines. According to prior studies, the sharing of concepts, ideas and...

This article studies how franchise contracts adapt to temporal and local conditions in the shadow of the law. I theoretically show that when the law protects franchisees from unequal treatment, the subsequent changes to the franchisees' standards tend to be too rigid, both across stores and over...

Market definition is an essential ingredient to competitive and regulatory analysis. Yet, there is significant disparity regarding the definition of the relevant geographic market for high-capacity circuits, commonly referred to as Special Access services. Given the present debate over expanding...