Suchergebnisse

While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought

1. Norms and values in the economic approach to law / Richard A. Posner -- 2. Flawed foundations : the philosophical critique of (a particular type of) economics / Martha C. Nussbaum -- 3. Norms and values in the study of law / Lawrence M. Friedman -- 4. The dominance of norms / Edward Rubin -- 5. From dismal to dominance? : law and economics and the values of imperial science, historically contemplated / Steven G. Medema -- 6. Beyond the law-and-economics approach : from dismal to democratic / Allan C. Hutchinson -- 7. Functional law and economics : the search for value-neutral principles of lawmaking / Jonathan Klick and Francesco Parisi -- 8. Law and economics : systems of social control, managed drift, and the dilemma of rent-seeking in a representative democracy / Nicholas Mercuro -- 9. Autonomy, welfare, and the Pareto principle / Daniel A. Farber -- 10. Any normative policy analysis not based on Kaldor-Hicks efficiency violates scholarly transparency norms / Gerrit De Geest -- 11. Law and economics, the moral limits of the market, and threshold deontology / Thomas S. Ulen -- 12. Moral externalities : an economic approach to the legal enforcement of morality / Aristides N. Hatzis -- 13. Engagement with economics : the new hybrids of family law/law and enonomics thinking / Brian H. Bix -- 14. The figure of the judge in law and economics / Elisabeth Kreckae -- 15. Behavioral law and economics : its origins, fatal flaws, and implications for liberty / Joshua D. Wright and Douglas H. Ginsburg.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Tables and Figures -- Foreword: Some Thoughts on the Study of Law and Economics and on the Role of Government -- Part 1. Introduction: New Approaches to Law and Economics -- 1. Law and Economics: Making the Case for a Broader Approach -- 2. The Foundations of Socioeconomics and Its Relation to the Law -- Part 2. Legal Issues Concerning Firms and Market Structure -- 3. The Inadequacy of Competition Policies: A New Institutional Approach -- 4. A Market Path to Liberation? Feminism, Economics, and Corporate Law -- 5. Alternative Economic Approaches to Antitrust Enforcement -- Part 3. Legal Issues Concerning Natural Resources, the Environment, and Land Use -- 6. A Comparative Institutional Approach to Law and Economics: Theory and Applications-The Environment, Natural Resources, and Land Use -- 7. Property and Politics in the Hudson Valley: Continuity and Change in the Corporate Form -- 8. Prior Questions: Endogenous Property Rights in Economics and the Case of the Radio Spectrum -- Part 4. Legal Issues Concerning Labor, Employment, and Unemployment -- 9. An Alternative Economic Analysis of the Regulation of Unions and Collective Bargaining -- 10. Personalist Economics, Justice, and the Law: Applications to Labor, Product, and Credit Markets -- 11. The Efficiency and Employment-Enhancing Effects of Social Welfare -- 12. Alternative Economic Approaches to Analyzing Hours of Work Determination and Standards -- 13. Efficient But Not Equitable: The Problem with Using the Law and Economics Paradigm to Interpret Sexual Harassment in the Workplace -- Part 5. Other Legal Issues -- 14. A Social Economics of Crime (Based on Kantian Ethics) -- 15. Economic Analysis of Tort Law: Austrian and Kantian Perspectives.

Frontmatter -- Contents -- Preface -- Chapter 1. The Jurisprudential Niche of Law and Economics -- Chapter 2. Chicago Law and Economics -- Chapter 3. Public Choice Theory -- Chapter 4. Institutional Law and Economics -- Chapter 5. The New Institutional Economics -- Chapter 6. Branching Out: New Haven, Modern Civic Republican, and Austrian Approaches -- Chapter 7. Social Norms and Law and Economics -- Bibliography -- Index