To the bewilderment of pedestrians in the 1980s, panhandlers, aimless wanderers pushing shopping carts, and other down-and-out individuals appeared with increasing frequency in …
Modern economic analysis of contract law began about thirty years ago and, many scholars would agree, has become the dominant academic style of contract theory. Traditional …
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers …
L Kaplow, S Shavell - Handbook of public economics, 2002 - Elsevier
This is a survey of economic analysis of law, that is, of the emerging field under which the standard tools of microeconomics are employed to identify the effects of legal rules and their …
Concepts that are useful for analysis often can do great mischief if taken as accurate descriptions of reality or as broad and universal normative principles. Such mischief is …
A Schwartz - S. Cal. Interdisc. Lj, 1993 - HeinOnline
Default rule analysis has become a central feature of modem contracts scholarship. This scholarship is illuminating but less helpful than it could be for two reasons: first, there are …
In this article, Professor Craswell explores efficient reliance as an implicit economic rationale underlying courts' decisions in contract formation cases. Contracting parties often fail to …
For over a century, legal commentators have debated the relative merits of formal and substantive approaches to the interpretation of contracts; in recent years, the debate has …
The purpose of this Article is to examine the doctrine of promissory estoppel, as it applies in the context of preliminary negotiations, from the viewpoint of the economic theory of rational …