Criminal Law and Procedure

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A Law and Economics Perspective on Terrorism (with Nuno M. Garoupa and Jonathan Klick), George Mason University School of Law Working Papers Series (2005)

This paper reviews the existing law and economics literature on crime, noting where various models...

 

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The Law and Economics of Cybersecurity: An Introduction (with Mark F. Grady), George Mason University School of Law Working Papers Series (2004)

One of the most controversial theoretical issues of our time is the governance of cybersecurity....

 

Economics

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Coase Theorem, NEW PALGRAVE DICTIONARY OF ECONOMICS (2007)

The Coase Theorem holds that, regardless of the initial allocation of property rights and choice...

 

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Rents, Dissipation, and Lost Treasures with N Parties (with Giuseppe Dari-Mattiacci and Eric Langlais), George Mason University School of Law Working Papers Series (2004)

The rent-seeking literature is unanimous on the fact that, in a rent-seeking context, the rent...

 

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Adverse Selection and Moral Hazard in Forum Shopping: Conflicts of Law as Spontaneous Order (with Nita Ghei), ExpressO (2003)

In a world with multiple, overlapping jurisdictions, any given litigation could be pursued in more...

 

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Reciprocity-Induced Cooperation (with Vincy Fon), Journal of Institutional and Theoretical Economics (2003)

The concept of reciprocity gains importance where there is no external authority to enforce agreements....

 

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The Asymmetric Coase Theorem: Dual Remedies for Unified Property, George Mason Law & Economics Research Paper No. 01-13 (2001)

This paper builds upon the existing literature on non-conforming property rights, suggesting that property is...

 

Computer Law

The law and economics of cybersecurity (with Mark F. Grady) (2006)
 

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The Law and Economics of Cybersecurity: An Introduction (with Mark F. Grady), George Mason University School of Law Working Papers Series (2004)

One of the most controversial theoretical issues of our time is the governance of cybersecurity....

 

Property-Personal and Real

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Duality in Property: Commons and Anticommons (with Norbert Schulz and Ben Depoorter), International Review of Law and Economics (2006)

Commons and Anticommons problems are the consequence of symmetric structural departures from a unified conception...

 

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From 'Tragedy' to 'Disaster': Welfare Effects of Commons and Anticommons Dilemmas (with Sven Vanneste, Francesco Parisi, Alain Vanhiel, and Ben Depoorter), International Review of Law and Economics (2006)

In this paper, we explore the alleged symmetry between commons and anticommons dilemmas. Our experimental...

 

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Fragmentation of Property Rights: A Functional Interpretation of the Law of Servitudes (with Ben W. F. Depoorter), Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series (2003)

This Article argues that recent developments in economic theory provide a new rationale for the...

 

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Simultaneous and Sequential Anticommons (with Norbert Schulz and Ben Depoorter), Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series (2003)

This paper defines a framework for anticommons analysis based on the fragmentation of property rights....

 

Contracts

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The Comparative Law and Economics of Pure Economic Loss (with Vernon Valentine Palmer and Mauro Bussani), George Mason University School of Law Working Papers Series (2005)

Law and economics shows that a key factor in determining the optimal economic loss rule...

 

Torts

Responsabilitá Civile Ed Analisi Economica (with Giampaolo Frezza) (2006)
 

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The Economics of Tort Law: A Precis (with Giuseppe Dari-Mattiacci), The Elgar Companino to Law and Economics (2006)

Economic analysis has long been employed for the study of tort liability. This paper revisits...

 

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A Law and Economics Perspective on Terrorism (with Nuno M. Garoupa and Jonathan Klick), George Mason University School of Law Working Papers Series (2005)

This paper reviews the existing law and economics literature on crime, noting where various models...

 

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The Comparative Law and Economics of Pure Economic Loss (with Vernon Valentine Palmer and Mauro Bussani), George Mason University School of Law Working Papers Series (2005)

Law and economics shows that a key factor in determining the optimal economic loss rule...

 

Link

Comparative Causation (with Vincy Fon), American Law and Economics Review (2004)

As Calabresi (1996) pointed out, no consideration has been given in recent legal and economic...

 

Link

The Cost of Delegated Control: Vicarious Liability, Secondary Liability and Mandatory Insurance (with Giuseppe Dari-Mattiacci), International Review of Law and Economics (2003)

Vicarious liability, secondary liability and mandatory insurance are three systems to attain judgment-proof or disappearing...

 

International Law

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The Formation of International Treaties (with Vincy Fon), Review of Law & Economics (2009)

This paper develops a stylized model of international treaty formation and analyzes the different modalities...

 

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The Hidden Bias of the Vienna Convention on the International Law of Treaties (with Vincy Fon), Review of Law & Economics (2009)

The process of treaty formation and reservations to multilateral treaties, enshrined in Articles 19-21 of...

 

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Modernization of European Antitrust Enforcement: The Economics of Regulatory Competition (with Ben Depoorter), George Mason University School of Law Working Papers Series (2005)

In this article we analyze the expected effects of regulatory overlap in European competition law...

 

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Stability and Change in International Customary Law (with Vincy Fon), Berkeley Program in Law & Economics, Working Paper Series (2003)

Not available

 

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The Role of Reciprocity in International Law (with Nita Ghei), Cornell International Law Journal (2003)

International public law, in a Hobbesian sense, exists in a state of nature - there...

 

Law and Economics

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Lawmakers as Norm Entrepreneurs (with Emanuela Carbonara and Georg von Wangenheim), Review of Law & Economics (2009)

In this paper we consider the role of lawmakers as norm entrepreneurs. Drawing from expressive...

 

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The Economics of Legal Harmonization (with Emanuela Carbonara), German Working Papers in Law and Economics (2009)

The global legal landscape is undergoing substantial transformations, adapting to an increasingly global market economy....

 

The economics of lawmaking (with Vincy Fon) (2009)
 

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Coase Theorem, NEW PALGRAVE DICTIONARY OF ECONOMICS (2007)

The Coase Theorem holds that, regardless of the initial allocation of property rights and choice...

 

Responsabilitá Civile Ed Analisi Economica (with Giampaolo Frezza) (2006)
 

Link

The Economics of Tort Law: A Precis (with Giuseppe Dari-Mattiacci), The Elgar Companino to Law and Economics (2006)

Economic analysis has long been employed for the study of tort liability. This paper revisits...

 

The law and economics of cybersecurity (with Mark F. Grady) (2006)
 

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A Law and Economics Perspective on Terrorism (with Nuno M. Garoupa and Jonathan Klick), George Mason University School of Law Working Papers Series (2005)

This paper reviews the existing law and economics literature on crime, noting where various models...

 

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The Comparative Law and Economics of Pure Economic Loss (with Vernon Valentine Palmer and Mauro Bussani), George Mason University School of Law Working Papers Series (2005)

Law and economics shows that a key factor in determining the optimal economic loss rule...

 

PDF

Modernization of European Antitrust Enforcement: The Economics of Regulatory Competition (with Ben Depoorter), George Mason University School of Law Working Papers Series (2005)

In this article we analyze the expected effects of regulatory overlap in European competition law...

 

The Law and Economics of the European Union (with Ben Depoorter and Paul Stephan III), Ben Depoorter (2005)
 

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Functional Law and Economics: The Search for Value-Neutral Principles of Lawmaking (with Jonathan Klick), Chicago-Kent Law Review (2005)

Functional law and economics, which draws its influence from the public choice school of economic...

 

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Litigation, Judicial Path-Dependence, and Legal Change (with Vincy Fon and Ben Depoorter), European Journal of Law and Economics (2005)

In this paper we consider the role that litigation and case selection play in the...

 

The law and economics of irrational behavior (with Vernon L. Smith) (2005)
 

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Positive, Normative and Functional Schools in Law and Economics, European Journal of Law and Economics (2004)

uring its relatively short history, the law and economics movement has developed three distinct schools...

 

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The Law and Economics of Cybersecurity: An Introduction (with Mark F. Grady), George Mason University School of Law Working Papers Series (2004)

One of the most controversial theoretical issues of our time is the governance of cybersecurity....

 

PDF

Rents, Dissipation, and Lost Treasures with N Parties (with Giuseppe Dari-Mattiacci and Eric Langlais), George Mason University School of Law Working Papers Series (2004)

The rent-seeking literature is unanimous on the fact that, in a rent-seeking context, the rent...

 

Link

Comparative Causation (with Vincy Fon), American Law and Economics Review (2004)

As Calabresi (1996) pointed out, no consideration has been given in recent legal and economic...

 

Link

Judicial Precedents in Civil Law Systems: A Dynamic Analysis (with Vincy Fon), George Mason Law & Economics Research Paper No. 04-15 (2004)

The effect of Civil law doctrines of precedent on the process of formation and evolution...

 

Link

The Harmonization of Legal Warranties in European Sales Law: An Economic Analysis, American Journal of Comparative Law (2004)

EC Directive 1999/44 represents a sizeable step towards the harmonization of European law of warranties...

 

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The Law and Economics of Irrational Behavior: An Introduction (with Vernon L. Smith), George Mason Law & Economics Research Paper (2004)

Behavioral economists accept many of the premises of traditional economic thought: that situational outcomes are...

 

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Litigation and the Evolution of Legal Remedies: A Dynamic Model (with Vincy Fon), Public Choice (2003)

In this paper we build upon existing literature on the evolution of the common law....

 

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Liability for Pure Financial Loss in Europe: An Economic Restatement (with Mario Bussani and Vernon V. Palmer), American Journal of Comparative Law (2003)

This paper considers the recent empirical findings on the application of the exclusionary rule for...

 

Link

The Cost of Delegated Control: Vicarious Liability, Secondary Liability and Mandatory Insurance (with Giuseppe Dari-Mattiacci), International Review of Law and Economics (2003)

Vicarious liability, secondary liability and mandatory insurance are three systems to attain judgment-proof or disappearing...

 

Link

The Market for Intellectual Property: The Case of Complementary Oligopoly (with Ben Depoorter), THE ECONOMICS OF COPYRIGHT: DEVELOPMENTS IN RESEARCH AND ANALYSIS (2003)

This paper applies a model of complementary oligopoly and anticommons pricing to the market for...

 

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The Role of Reciprocity in International Law (with Nita Ghei), Cornell International Law Journal (2003)

International public law, in a Hobbesian sense, exists in a state of nature - there...

 

Economic foundations of private law (with Richard A. Posner) (2002)
 

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Entropy in Property, American Journal of Comparative Law (2002)

This article suggests that property is subject to a fundamental law of entropy, namely that...

 

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Rent-Seeking Through Litigation: Adversarial and Inquisitorial Systems Compared, International Review of Law and Economics (2002)

This paper compares the adversarial system of adjudication, dominant in the common law tradition, with...

 

Link

The Asymmetric Coase Theorem: Dual Remedies for Unified Property, George Mason Law & Economics Research Paper No. 01-13 (2001)

This paper builds upon the existing literature on non-conforming property rights, suggesting that property is...

 

Link

The Formation of Customary Law, George Mason Law & Economics Research Paper No. 01-06 (2001)

A fundamental insight of the economic analysis of law is the notion that legal sanctions...

 

Intellectual Property Law

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Fair Use and Copyright Protection: A Price Theory Explanation (with Ben Depoorter), International Review of Law and Economics (2005)

Copyright scholars suggest that computer technology has reduced transaction costs associated with copyright transfer, allegedly...

 

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The Market for Copyrights: The Price Theory of Copyright Collectives (with Ben Depoorter), THE ECONOMICS OF COPYRIGHT: DEVELOPMENTS IN RESEARCH AND ANALYSIS (2003)

This paper applies a model of complementary oligopoly and anticommons pricing to the market for...

 

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The Market for Intellectual Property: The Case of Complementary Oligopoly (with Ben Depoorter), THE ECONOMICS OF COPYRIGHT: DEVELOPMENTS IN RESEARCH AND ANALYSIS (2003)

This paper applies a model of complementary oligopoly and anticommons pricing to the market for...

 

Conflict of Laws

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Adverse Selection and Moral Hazard in Forum Shopping: Conflicts of Law as Spontaneous Order (with Nita Ghei), ExpressO (2003)

In a world with multiple, overlapping jurisdictions, any given litigation could be pursued in more...

 

Comparative Law

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Laudatio: Pietro Trimarchi, Review of Law & Economics (2009)

The text of a Laudatio delivered on September 16, 2006 by Professor Francesco Parisi on...

 

Comparative Law and Legal Institutions (with Thomas Ginsburg and Guy Seidman) (2009)
 

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A Law and Economics Perspective on Terrorism (with Nuno M. Garoupa and Jonathan Klick), George Mason University School of Law Working Papers Series (2005)

This paper reviews the existing law and economics literature on crime, noting where various models...

 

PDF

The Comparative Law and Economics of Pure Economic Loss (with Vernon Valentine Palmer and Mauro Bussani), George Mason University School of Law Working Papers Series (2005)

Law and economics shows that a key factor in determining the optimal economic loss rule...

 

PDF

Modernization of European Antitrust Enforcement: The Economics of Regulatory Competition (with Ben Depoorter), George Mason University School of Law Working Papers Series (2005)

In this article we analyze the expected effects of regulatory overlap in European competition law...

 

Link

The Harmonization of Legal Warranties in European Sales Law: An Economic Analysis, American Journal of Comparative Law (2004)

EC Directive 1999/44 represents a sizeable step towards the harmonization of European law of warranties...

 

Link

Liability for Pure Financial Loss in Europe: An Economic Restatement (with Mario Bussani and Vernon V. Palmer), American Journal of Comparative Law (2003)

This paper considers the recent empirical findings on the application of the exclusionary rule for...

 

Link

Entropy in Property, American Journal of Comparative Law (2002)

This article suggests that property is subject to a fundamental law of entropy, namely that...

 

Administrative Law

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The Law and Economics of Cybersecurity: An Introduction (with Mark F. Grady), George Mason University School of Law Working Papers Series (2004)

One of the most controversial theoretical issues of our time is the governance of cybersecurity....

 

Public Choice

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Litigation and the Evolution of Legal Remedies: A Dynamic Model (with Vincy Fon), Public Choice (2003)

In this paper we build upon existing literature on the evolution of the common law....

 

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Political Coase Theorem, Public Choice (2003)

This article considers the applicability of the Coase theorem (in both its positive and normative...

 

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Sources of Law and the Institutional Design of Lawmaking, Journal of Public Finance and Public Choice (2001)

This paper considers the relative advantages and the respective limits of three main sources of...

 

Legal History

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Judicial Precedents in Civil Law Systems: A Dynamic Analysis (with Vincy Fon), George Mason Law & Economics Research Paper No. 04-15 (2004)

The effect of Civil law doctrines of precedent on the process of formation and evolution...

 

Link

The Formation of Customary Law, George Mason Law & Economics Research Paper No. 01-06 (2001)

A fundamental insight of the economic analysis of law is the notion that legal sanctions...

 

Link

The Genesis of Liability in Ancient Law, American Law and Economics Review (2001)

This article considers the emergence and evolution of punitive and compensatory remedies in ancient law....