In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production? We identify informal rules as a significant and pervasive — but nonetheless overlooked — tool for solving that problem. While existing literature has focused on the...

Property theorists have long deemed the right to exclude fundamental and essential for the efficient use and allocation of property. Recently, however, proponents of the progressive property movement have called into question the centrality of the right to exclude, suggesting that it should be...

In a short period of time virtual currencies have gained significant traction and become an economic reality, with Bitcoin being the most dominant among over 500 virtual currencies. Bitcoin and other virtual currencies present a particularly difficult and unique jurisdictional challenge to...

This paper utilizes a natural experiment to examine the role of the protection of property rights in promoting investment. In order to explore a title-granting scheme in Shenzhen, China, I collect a sample of 83 listed SOE firms, with 32 of them holding about-to-be-entitled lands. Those...

During 2013, the U.S. Treasury Department evoked the first use of the 2001 Patriot Act to exclude virtual currency provider Liberty Reserve from the U.S. financial system. This article will discuss: the regulation of virtual currencies; cybercrimes and payment systems; darknets, Tor and the...

By now, almost without exception, every business has an internet presence, and is likely engaged in e-commerce. What are the major risks perceived by those engaged in e-commerce and electronic payment systems? What potential risks, if they become reality, may cause substantial increases in...

Jamie Morgan's commentary (Morgan, 2016) on my paper 'The Labour Theory of Property and Marginal Productivity Theory' (Ellerman, 2016) and Ted Burczak's later comments raise a number of issues that surely will occur to other readers and that need to be addressed. I take the occasion to expand...

Over the last decades, more and more countries have integrated environmental protection into their constitution. In this article, we argue that a simple economic model can explain why some countries have adopted the legal innovation of constitutional environmental protection, while others have...

There is increasing concern that overlapping patents in the field of genetics will create a costly and legally complex situation known as a patent thicket, which, along with the associated issues of accumulating royalty payments, can act as a disincentive for innovation. One potential means of...