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Comparative Law and Economics
Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. The extension to many idiosyncratic topics and issues that sometime lie outside the traditional domain of the discipline have fostered the emergence of a new consciousness better grasped by a comparative approach. The original contributions to this Research Handbook provide a glimpse of the new perspectives that enrich the law and economics methodology.
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Critical Acclaim
Contributors
Contents
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Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship.
With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements.
This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.
With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements.
This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.
Critical Acclaim
‘This remarkable volume shows off the eclectic potential of the comparative law and economics brand. It is comparative not only in assembling scholars from around the world and in zipping from Taiwanese civil disputes to international high courts to drug regulators for case studies, but most importantly in highlighting an empirical methodology that welcomes a range of complementary approaches that broadens the core economic analysis of law. It’s a fascinating tour across boundaries.’
– Stewart J. Schwab, Cornell Law School, US
‘To date, economic analysis has not realized its enormous potential for illuminating issues of comparative law. The Research Handbook in Comparative Law and Economics fills that gap. Edited by eminent scholars in the field, this book demonstrates the power of economic methodology to illuminate theoretical and policy-oriented issues across many legal systems. It should be essential reading for anyone interested in cutting edge research in the fields of economic analysis and comparative law.’
– Geoffrey Miller, New York University, Law School, US
– Stewart J. Schwab, Cornell Law School, US
‘To date, economic analysis has not realized its enormous potential for illuminating issues of comparative law. The Research Handbook in Comparative Law and Economics fills that gap. Edited by eminent scholars in the field, this book demonstrates the power of economic methodology to illuminate theoretical and policy-oriented issues across many legal systems. It should be essential reading for anyone interested in cutting edge research in the fields of economic analysis and comparative law.’
– Geoffrey Miller, New York University, Law School, US
Contributors
Contributors: G. Bellantuono, Y.-c. Chang, R.K. Christensen, E. Colombatto, T.F. Cotter, A. Foddis, N. Garoupa, D.J. Gerber, W.J. Gordon, V.P. Hans, K.A. Houghton, K.-C. Huang, R. Ippoliti, A. Jolivet, A. Kreis, E. Marelli, N. Mercuro, T.J. Miceli, H.T. Naughton, I.P.L. Png, G.B. Ramello, F. Revelli, M. Signorelli, H.E. Smith, J. Szmer, T.S. Ulen, Q.-h. Wang, P.K. Yu
Contents
Contents:
PART I THEORETICAL ISSUES
1. The Past, Present and Future of Comparative Law and Economics
Giovanni B. Ramello
2. Markets, Contracts, and Firms: A Unified Model of Organizational Choice
Thomas J. Miceli
3. Law, Social Norms, and Standards: Their Nexus with Government and their Impact on the Economic Performance of Nation States
Nicholas Mercuro
4. The Market for Legal Innovation: Law and Economics in Europe and the United States,
Nuno Garoupa and Thomas S. Ulen
5. Principles, Tolerance and Institutional Torpor
Enrico Colombatto
PART II SELECTED CASES
6. Structure and Style in Comparative Property Law
Yun-chien Chang and Henry E. Smith
7. A Comparative View of Local Tax and Expenditure Limitations and their Consequences
Federico Revelli
8. Iron Fist in a Velvet Glove? Judicial Behavior in Mixed Courts
Valerie P. Hans and Anne Jolivet
9. Global Competition Law Convergence: Potential Roles for Economics
David J. Gerber
10. The Comparative Law and Economics of Energy Markets
Giuseppe Bellantuono
11. A Comparative Law and Economics Analysis of Damages for Patent Infringement
Thomas F. Cotter
12. The Comparative Economics of International Intellectual Property Agreements
Peter K. Yu
13. Copyright and Tort as Mirror Models: On Not Mistaking for the Right Hand What the Left Hand is Doing
Wendy J. Gordon
14. The Eurozone Crisis, the Defective Policy Response and the Need for Institutional Innovation
Enrico Marelli and Marcello Signorelli
PART III EMPIRICAL INVESTIGATIONS
15. The Effect of Stakes on Settlement: An Empirical Lesson from Taiwan
Kuo-Chang Huang
16. Comparative Judicial Efficiency: Examining Case Disposition in Five Countries'' Courts of Last Resort
Anthony Kreis, John Szmer and Robert K. Christensen
17. Copyright Law and the Supply of Creative Work: Evidence from the Movies
Ivan Paak Liang Png and Qiu-hong Wang
18. International Environmental Agreement Effectiveness: A Review of Empirical Studies
Kendall A. Houghton and Helen T. Naughton
19. The American and the European Market of Human Experimentation, A Comparative Study on Regulation and Competitiveness
Antonella Foddis and Roberto Ippoliti
Index
PART I THEORETICAL ISSUES
1. The Past, Present and Future of Comparative Law and Economics
Giovanni B. Ramello
2. Markets, Contracts, and Firms: A Unified Model of Organizational Choice
Thomas J. Miceli
3. Law, Social Norms, and Standards: Their Nexus with Government and their Impact on the Economic Performance of Nation States
Nicholas Mercuro
4. The Market for Legal Innovation: Law and Economics in Europe and the United States,
Nuno Garoupa and Thomas S. Ulen
5. Principles, Tolerance and Institutional Torpor
Enrico Colombatto
PART II SELECTED CASES
6. Structure and Style in Comparative Property Law
Yun-chien Chang and Henry E. Smith
7. A Comparative View of Local Tax and Expenditure Limitations and their Consequences
Federico Revelli
8. Iron Fist in a Velvet Glove? Judicial Behavior in Mixed Courts
Valerie P. Hans and Anne Jolivet
9. Global Competition Law Convergence: Potential Roles for Economics
David J. Gerber
10. The Comparative Law and Economics of Energy Markets
Giuseppe Bellantuono
11. A Comparative Law and Economics Analysis of Damages for Patent Infringement
Thomas F. Cotter
12. The Comparative Economics of International Intellectual Property Agreements
Peter K. Yu
13. Copyright and Tort as Mirror Models: On Not Mistaking for the Right Hand What the Left Hand is Doing
Wendy J. Gordon
14. The Eurozone Crisis, the Defective Policy Response and the Need for Institutional Innovation
Enrico Marelli and Marcello Signorelli
PART III EMPIRICAL INVESTIGATIONS
15. The Effect of Stakes on Settlement: An Empirical Lesson from Taiwan
Kuo-Chang Huang
16. Comparative Judicial Efficiency: Examining Case Disposition in Five Countries'' Courts of Last Resort
Anthony Kreis, John Szmer and Robert K. Christensen
17. Copyright Law and the Supply of Creative Work: Evidence from the Movies
Ivan Paak Liang Png and Qiu-hong Wang
18. International Environmental Agreement Effectiveness: A Review of Empirical Studies
Kendall A. Houghton and Helen T. Naughton
19. The American and the European Market of Human Experimentation, A Comparative Study on Regulation and Competitiveness
Antonella Foddis and Roberto Ippoliti
Index
