Corporate Law And Economic Analysis
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| Author | : Lucian Arye Bebchuk |
| Publisher | : Cambridge University Press |
| Total Pages | : 336 |
| Release | : 1990-10-26 |
| Genre | : Business & Economics |
| ISBN | : 9780521360548 |
The past decade has brought certain corporate transactions and arrangements to the forefront of public attention and debate. At the same time, a new mode of corporate law analysis has been developed--one that uses economics to identify the consequences and desirable features of corporate law rules. This collection of papers uses economic analysis to study some of the main issues in corporate law. By collecting work at the frontier of this method of analysis, the volume provides a clear picture of the power, current state, and future direction of the economic analysis of corporate law. Written by some of the most prominent contributors to the field, many of the papers focus directly on the corporate control transactions that have attracted much interest and controversy in the past decade--corporate takeovers, buyouts, recapitalizations, and reorganizations.
| Author | : Frank H. Easterbrook |
| Publisher | : Harvard University Press |
| Total Pages | : 386 |
| Release | : 1996-02-01 |
| Genre | : Law |
| ISBN | : 0674253833 |
The authors argue that the rules and practices of corporate law mimic contractual provisions that parties would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides the rules and an enforcement mechanism that govern relations among those who commit their capital to such ventures. The authors work out the reasons for supposing that this is the exclusive function of corporate law and the implications of this perspective.
| Author | : Stephen M. Bainbridge |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 335 |
| Release | : 2016-09-30 |
| Genre | : Business & Economics |
| ISBN | : 1783473037 |
The modern corporation has become central to our society. The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how, by allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest, there is the opportunity for more risks taken at a lower cost.
| Author | : Steven Shavell |
| Publisher | : Harvard University Press |
| Total Pages | : 760 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 0674043499 |
What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
| Author | : Schäfer, Hans-Bernd |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 648 |
| Release | : 2022-01-25 |
| Genre | : Law |
| ISBN | : 0857935070 |
This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.
| Author | : Bruno Guandalini |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 356 |
| Release | : 2020-06-16 |
| Genre | : Law |
| ISBN | : 9403522704 |
Economic Analysis of the Arbitrator’s Function Bruno Guandalini Arbitration has become an important market, where arbitrators are rational economic agents maximizing their utility. Although this is self-evident, it is rarely discussed. This penetrating book is the first to comprehensively analyze the market for arbitrators and arbitrators’ economic role within it. In great depth, the author tackles such salient issues as the following: effect of perceived inefficiencies and high costs on arbitration legitimacy; alleged commercialization of the arbitrator’s function; possible ethical problem raised by financial remuneration for rendering justice; what motivates a person to arbitrate; market for arbitrators’ functioning and failures, providing a better understanding of how actors could behave in such a specific market; structural and artificial entry barriers; effect of an arbitrator’s strategic behavior on the arbitrator’s function; limitations on an arbitrator’s rationality; and preventing and correcting these limitations. Numerous references to customs and procedures in major arbitral jurisdictions and to international laws and conventions affecting the efficiency of the arbitrator’s function are included. Pursuing a non-prescriptive analysis, the author draws on the discipline of law and economics, rational choice theory, behavioral economics, and psychological work on bounded rationality. Understanding the arbitrator’s function as a legal institution that is influenced by the market, this pioneer in developing and systematizing the study of the market for arbitrators and how it works will prove of inestimable value to all stakeholders in the arbitration market. Arbitrators, policymakers, regulators, and academics will be enabled to open the way to a more efficient market for arbitrators and betterment in arbitration worldwide.
| Author | : George Dellis |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 320 |
| Release | : 2021-03-26 |
| Genre | : Law |
| ISBN | : 1800375794 |
This original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately.
| Author | : Klaus Mathis |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 222 |
| Release | : 2009-03-18 |
| Genre | : Law |
| ISBN | : 1402097980 |
Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.
| Author | : Giuseppe Dari-Mattiacci |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 368 |
| Release | : 2020-04-09 |
| Genre | : Business & Economics |
| ISBN | : 0198787200 |
The economic analysis of Roman law has enormous potential to illuminate the origins of Roman legal institutions in response to changes in the economic activities that they regulated. These two volumes combine approaches from legal history and economic history with methods borrowed from economics to offer a new interdisciplinary approach.
| Author | : Henry N. Butler |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9781594601866 |
The purpose of this casebook is to teach the principles of microeconomics. Economic Analysis for Lawyers presumes no prior training in economics and uses the same building block approach that is found in most microeconomics principles textbooks that are used in undergraduate economics classes. This book includes excerpted cases and other materials that illustrates the applicability of the economic principles to legal disputes and public policy issues. Fundamental principles are introduced in the first four chapters. Subsequent chapters build on these fundamentals by adding a detailed and sophisticated analysis in the general areas of monopoly, externalities, information, labor markets, risk, organizational economics, and financial economics. The result is a thorough introduction to the principles of microeconomics.
