Due to a variety of circumstances, lawmakers occasionally create laws whose aims are perceived as outright unjust by the majority of the people. In other situations, the law may utilize improper means for the pursuit of a just goal. In all such cases, lawmaking processes generate rules that do...

In a bilateral contract, should a breaching party be allowed to force the performance of his non-breaching counterpart? Should a breaching party be able to collect damages in contract if his counterpart was also in breach? In this paper we examine these interrelated questions. We consider...

We consider the impact of different choice-of-law regimes on the evolution of formal law. We follow an evolutionary approach to explain possible patterns of legal harmonization and competition. Some of them predict the universal diffusion of a single rule, even though not necessarily efficient....

Inherent in any judicial system is the need to allocate the burden of proof on one party. Within the realm of negligence torts, that burden is traditionally placed on the plaintiff, meaning that the plaintiff must bring forth sufficient evidence to establish negligence by the defendant. In...

In a recent article, Guerra et al. (2022c) considered the problem of liability for accidents caused by the activity of robots, proposing a novel liability regime, which they referred to as ‘manufacturer’s residual liability.’ Under this regime, injurers (robot operators) and victims are...

Unlike other monopolies, social media networks almost uniformly give access to their services for free to everybody. Economists refer to these markets as “zero-price markets.” The main, and often sole, source of revenue for the network owners comes from fees that are paid by advertisers....

Much of the conventional wisdom of evidence law rests on the premise that the amount of evidence available in any given case is exogenously determined. With the advent of evidence technology (e.g., dashcams, black-box technology, digital data storage, surveillance cameras), the availability of...