can be understood as an application of what I call “hybrid rule,” an unheralded mixture of the property rule and liability …

This Article offers a theory of secured credit that aims to answer fundamental questions that have long percolated in … pay their debts?This Article argues that security interests are best understood as a form of “limited liability property ….” Limited liability—the privilege of being legally shielded from liability that would normally apply—has long been considered …

limitations irrelevant. This experiment shows that strong property rights serve this function. In theory, efficient outcomes … prevent weak property rights &m imperfectly enforced property rules and liability rules with low damages - from securing …

limitations irrelevant. This experiment shows that strong property rights serve this function. In theory, efficient outcomes … prevent weak property rights – imperfectly enforced property rules and liability rules with low damages – from securing …

liability rules, namely transaction costs. Property rules should be used when transaction costs are low and the parties can … bargain with one another. Liability rules are best applied when transaction costs are high and bargaining is impossible or … particular, they claim that liability rules may be superior to property rules even when transaction costs are low. The Article …

This Article challenges the dogma of U.S. patent law that direct infringement is a strict liability tort. Impermissibly … practicing a patented invention does create liability even if the infringer did not intend to infringe or know about the patent …. The consensus is that this is a form of strict liability. The flaw in the consensus is that it proves too little, for the …