This paper considers the relative advantages and the respective limits of three main sources of law, namely, (a) legislation; (b) judge-made law; and (c) customary law. The traditional presentation of sources of law is revisited, considering the important issue of institutional design of...

Current law and economics scholarship analyzes efficient breach cases monolithically. The standard analysis holds that breach is efficient when performance of a contract generates a negative surplus for the parties. However, by simplistically grouping efficient breach cases as of a single kind,...

This paper recasts current theories of regulatory or legislative competition. Building on the recent contribution of Buchanan and Yoon (2000), we consider alternative ways in which decision-making competence can be allocated among multiple legislative or administrative bodies. The general model...

This paper considers the role of retaliation norms as a way to induce more socially desirable behavior among self-interested parties. The paper first considers the unregulated case in which individuals indulge in mutual aggression, in the absence of other legal or social constraints. Next the...

In this paper, we analyze the impact of past accident experiences on individual care choices. By relying on standard economic theory, we posit three hypotheses: (1) individual choice of efficient care; (2) no accident-history effect; (3) no role-reversal effects. We test these three hypotheses...

The process of treaty formation and reservations to multilateral treaties, enshrined in Articles 19-21 of the Vienna Convention on the Law of Treaties, establishes the principle that reservations are reciprocal. The treaty will be in force between a reserving state and a non-reserving state as...

While customary law is capable of creating universally binding rules, the rules that govern its formation allow states to gain an exemption from emerging norms of customary law by remaining persistent objectors. This form of objection requires the objecting state to take express action to oppose...

While much has been written about inter-jurisdictional competition for tax revenues, especially concerning the choice between harmonization and competition, the literature has largely ignored intra-jurisdiction issues. The few articles examining this issue focus on how lower level governmental...

This paper defines a framework for anticommons analysis based on the fragmentation of property rights. In differentiating between sequential and simultaneous cases of property fragmentation, we describe and assess the equilibria obtained under each scenario. Our model reveals how the private...

Reciprocity constraints facilitate the achievement of cooperative outcomes in many game-theoretic settings. Yet, in some situations the equilibrium induced by a reciprocity constraint may not be socially optimal. After presenting the case in which reciprocity yields privately and socially...