RIGHTSIZING the WORKPLACE: How Public Power Can Support a 21St Century Labor Market That Works for All
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Contract Theory and the Limits of Contract Law
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2003 Contract Theory and the Limits of Contract Law Alan Schwartz Robert E. Scott Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Contracts Commons Recommended Citation Alan Schwartz & Robert E. Scott, Contract Theory and the Limits of Contract Law, 113 YALE L. J. 541 (2003). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/339 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Article Contract Theory and the Limits of Contract Law Alan Schwartz* and Robert E. Scottt* CONTENTS I. IN TROD U CTION ................................................................................. 543 II. JUSTIFYING AN EFFICIENCY THEORY OF CONTRACT ........................ 550 A . W hat Firms M axim ize .................................................................. 550 B. Why the State Should Help Firms ................................................ 555 III. THE ENFORCEMENT FUNCTION ........................................................ 556 A. Enforcement Often Is Unnecessary.............................................. 557 B. EncouragingRelation-Specific Investment .................................. 559 C. -
4000 Contract Law: General Theories
4000 CONTRACT LAW: GENERAL THEORIES Richard Craswell Professor of Law, Stanford Law School © Copyright 1999 Richard Craswell Abstract When contracts are incomplete, the law must rely on default rules to resolve any issues that have not been explicitly addressed by the parties. Some default rules (called ‘majoritarian’ or ‘market-mimicking’) are designed to be left in place by most parties, and thus are chosen to reflect an efficient allocation of rights and duties. Others (called ‘information-forcing’ or ‘penalty’ default rules) are designed not to be left in place, but rather to encourage the parties themselves to explicitly provide some other resolution; these rules thus aim to encourage an efficient contracting process. This chapter describes the issues raised by such rules, including their application to heterogeneous markets and to separating and pooling equilibria; it also briefly discusses some non- economic theories of default rules. Finally, this chapter also discusses economic and non-economic theories about the general question of why contracts should be enforced at all. JEL classification: K12 Keywords: Contracts, Incomplete Contracts, Default Rules 1. Introduction This chapter describes research bearing on the general aspects of contract law. Most research in law and economics does not explicitly address these general aspects, but instead proceeds directly to analyze particular rules of contract law, such as the remedies for breach. That body of research is described below in Chapters 4100 through 4800. There is, however, some scholarship on the general nature of contract law’s ‘default rules’, or the rules that define the parties’ obligations in the absence of any explicit agreement to the contrary. -
Positivism and the Separation of Law and Economics
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1996 Positivism and the Separation of Law and Economics Avery W. Katz Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Business Organizations Law Commons, and the Law and Economics Commons Recommended Citation Avery W. Katz, Positivism and the Separation of Law and Economics, 94 MICH. L. REV. 2229 (1996). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/610 This Essay is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. POSITIVISM AND THE SEPARATION OF LAW AND ECONOMICS Avery Wiener Katz* INTRODUCION The modem field of law and economics - that is, the application of economic analysis to legal subjects other than trade and business reg- ulation - is now over thirty years old, but it remains controversial in the legal academy and, to a lesser extent, in the profession at large. Since its beginnings in the early 1960s, the economic approach has pro- voked substantial opposition and antagonism. The sources of this resis- tance, however, are a matter of dispute. Many economists and economi- cally influenced lawyers attribute it to more traditional lawyers' reluctance to learn a new and unfamiliar set of concepts and techniques. Critics of the economic approach offer a variety of other explanations. Some are skeptical of the utility of abstract theoretical modeling in the social sciences,' others object to economics' central behavioral assump- tion of rational choice,2 still others criticize economics' supposed liber- tarian politics and ideological allegiance to laissez-faire. -
Law and Political Economy in a Time of Accelerating Crises
Angela P. Harris, School of Law, UC Davis James J. (“Jay”) Varellas III, Department of Political Science, UC Berkeley* Introduction: Law and Political Economy in a Time of Accelerating Crises Abstract In this time of accelerating crises nationally and worldwide, conventional understandings of the relationships among state, market, and society and their regulation through law are inadequate. In this Editors’ Introduction to Volume 1, Issue 1 of the Journal of Law and Political Economy, we reflect on our current historical moment, identify genealogies of the Law and Political Economy (LPE) project, articulate some of the intellectual foundations of the work, and finally discuss the journal’s institutional history and context. Keywords: Law and Political Economy I. Introduction Ernest Hemingway’s 1926 novel The Sun Also Rises contains this famous exchange: “How did you go bankrupt?” Bill asked. “Two ways,” Mike said. “Gradually and then suddenly.” In the United States and around the world, we are facing intertwined crises: skyrocketing economic inequality, an increasingly destabilizing and extractive system of global finance, dramatic shifts in the character of work and economic production, a crisis of social reproduction, the ongoing disregard of Black and brown lives, the rise of new authoritarianisms, a global pandemic, and, of course, looming above all, the existential threat of global climate change. From the vantage point of mid-2020, it is impossible to avoid the sense that these crises, like Mike’s bankruptcy, have emerged both suddenly and as the result of problems long in the making. It is also clear that these interlocking crises are accelerating as they collide with societies whose capacities to respond have been hollowed out by decades of neoliberalism. -
1 FTC Perspectives on the Use of Econometric Analyses in Antitrust
FTC Perspectives on the Use of Econometric Analyses in Antitrust Cases∗ David Scheffman and Mary Coleman1 I. Introduction This paper discusses our perspectives, as FTC economists and experienced litigation economists, on how to make econometric analyses more useful in antitrust investigations and litigation. We first briefly discuss the role of econometrics and empirical analyses generally in antitrust. Sound empirical analyses can (and should) provide important evidence in an antitrust investigation or litigation. Based on our experience at the FTC and as litigation economists, we then suggest “best practices” for developing econometric studies that will be useful to the FTC in its decision making. We also provide some examples of the types of useful econometric analyses that are frequently conducted in FTC investigations. Finally, expanding on some the issues raised in the recent FTC working paper,2 we discuss the use of scanner data for demand estimation, the use of merger simulation models, and the use of manufacturer level data in consumer products cases. A. Quantitative Analyses, Generally Before discussing econometric analyses, we begin with a more general perspective on quantitative analyses. Some of the most important issues in antitrust cases often hinge on quantitative evidence (e.g., levels and trends in prices, market shares, sales, margins, profitability, and shipment patterns). These types of quantitative analyses are often very important and frequently do not involve statistical/econometric analyses. We begin with this basic point because although there has been much attention in recent years to the use of formal modeling and econometric estimation in antitrust, we should not lose sight of the fact that quantitative analyses of various kinds are useful. -
Labor Law, Antitrust Law, and Economics Professors' Comment
Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 1-14-2019 Labor Law, Antitrust Law, and Economics Professors' Comment on the National Labor Relations Board's Proposed Joint-Employer Rule Hiba Hafiz Boston College Law School, [email protected] Brishen Rogers Temple University Beasley School of Law, [email protected] Kenneth G. Dau-Schmidt Indiana University Maurer School of Law, [email protected] Kate Bronfenbrenner Cornell University, [email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Antitrust and Trade Regulation Commons, and the Labor and Employment Law Commons Recommended Citation Hiba Hafiz, Brishen Rogers, Kenneth G. Dau-Schmidt, and Kate Bronfenbrenner. "Labor Law, Antitrust Law, and Economics Professors' Comment on the National Labor Relations Board's Proposed Joint-Employer Rule." (2019). This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Labor Law, Antitrust Law, and Economics Professors’ Comment on the National Labor Relations Board’s Proposed Joint-Employer Rule January 14, 2019 Submitted via www.regulations.gov John F. Ring, Chairman National Labor Relations Board 1015 Half Street, SE Washington, D.C. 20570-0001 Attn: Roxanne Rothschild, -
Law-And-Political-Economy Framework: Beyond the Twentieth-Century Synthesis Abstract
JEDEDIAH BRITTON- PURDY, DAVID SINGH GREWAL, AMY KAPCZYNSKI & K. SABEEL RAHMAN Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis abstract. We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neu- trality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the “Twentieth-Century Synthesis”: a pervasive view of law that encases “the market” from claims of justice and conceals it from analyses of power. This Feature offers a framework for identifying and critiquing the Twentieth-Century Syn- thesis. This is also a framework for a new “law-and-political-economy approach” to legal scholar- ship. We hope to help amplify and catalyze scholarship and pedagogy that place themes of power, equality, and democracy at the center of legal scholarship. authors. The authors are, respectively, William S. Beinecke Professor of Law at Columbia Law School; Professor of Law at Berkeley Law School; Professor of Law at Yale Law School; and Associate Professor of Law at Brooklyn Law School and President, Demos. They are cofounders of the Law & Political Economy Project. The authors thank Anne Alstott, Jack Balkin, Jessica Bulman- Pozen, Corinne Blalock, Angela Harris, Luke Herrine, Doug Kysar, Zach Liscow, Daniel Markovits, Bill Novak, Frank Pasquale, Robert Post, David Pozen, Aziz Rana, Kate Redburn, Reva Siegel, Talha Syed, John Witt, and the participants of the January 2019 Law and Political Economy Work- shop at Yale Law School for their comments on drafts at many stages of the project. -
The Law and Microeconomics of the New Deal at 70 Steven A
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2003 The Law and Microeconomics of the New Deal at 70 Steven A. Ramirez Loyola University Chicago, School of Law, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Law and Economics Commons Recommended Citation Ramirez, Steven, The Law and Microeconomics of the New Deal at 70, 62 Md. L. Rev. 515 (2003). This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. THE LAW AND MACROECONOMICS OF THE NEW DEAL AT 70 STEVEN A. RmiREz* Recent turbulence in the financial markets, first as a result of Sep- tember 11, 2001, and then as a result of the realization in the summer of 2002 that corporate America was plagued by pervasive corruption, once again has shown that capitalism needs government intervention to thrive.' The crisis in investor confidence in the summer of 2002 in particular refocused attention on the seventy-year-old regulatory infra- structure imposed upon the economy as part of the New Deal.2 In both instances, the federal government jumped to the rescue of so- called free markets that seemed to be spinning into the abyss of seri- ous adverse macroeconomic dysfunction.3 It wasn't always so. * Professor, Washburn University School of Law. Professor Bill Rich and Professor Alex Glashausser contributed many helpful insights to this Article. -
Evaluate Potential Impacts, Benefits, Impediments, and Solutions of Automated Trucks and Truck Platooning on Texas Highway Infrastructure: Technical Report
TTI: 0-6984 Evaluate Potential Impacts, Benefits, Impediments, and Solutions of Automated Trucks and Truck Platooning on Texas Highway Infrastructure: Technical Report Technical Report 0-6984-R1 Cooperative Research Program TEXAS A&M TRANSPORTATION INSTITUTE COLLEGE STATION, TEXAS in cooperation with the Federal Highway Administration and the Texas Department of Transportation http://tti.tamu.edu/documents/0-6984-R1.pdf Technical Report Documentation Page 1. Report No. 2. Government Accession No. 3. Recipient's Catalog No. FHWA/TX-21/0-6984-R1 4. Title and Subtitle 5. Report Date EVALUATE POTENTIAL IMPACTS, BENEFITS, IMPEDIMENTS, Published: October 2020 AND SOLUTIONS OF AUTOMATED TRUCKS AND TRUCK 6. Performing Organization Code PLATOONING ON TEXAS HIGHWAY INFRASTRUCTURE: TECHNICAL REPORT 7. Author(s) 8. Performing Organization Report No. Bjorn Birgisson, Curtis A. Morgan, Matthew Yarnold, Jeffery Warner, Report 0-6984-R1 Brianne Glover, Maxwell P. Steadman, Sunkari Srinivasa, Shengxin Cai, and Dahye Lee 9. Performing Organization Name and Address 10. Work Unit No. (TRAIS) Texas A&M Transportation Institute The Texas A&M University System 11. Contract or Grant No. College Station, Texas 77843-3135 Project 0-6984 12. Sponsoring Agency Name and Address 13. Type of Report and Period Covered Texas Department of Transportation Technical Report: Research and Technology Implementation Office September 2018–August 2020 125 E. 11th Street 14. Sponsoring Agency Code Austin, Texas 78701-2483 15. Supplementary Notes Project performed in cooperation with the Texas Department of Transportation and the Federal Highway Administration. Project Title: Evaluate Potential Impacts, Benefits, Impediments, and Solutions of Automated Trucks and Truck Platooning on Texas Highway Infrastructure URL: http://tti.tamu.edu/documents/0-6984-R1.pdf 16. -
Potential for Impacts of Highly Automated Vehicles and Shared
NCHRP Project 20-113F Preparing for Automated Vehicles and Shared Mobility: State-of-the-Research Topical Paper #6 POTENTIAL FOR IMPACTS OF HIGHLY AUTOMATED VEHICLES AND SHARED MOBILITY ON MOVEMENT OF GOODS AND PEOPLE September 21, 2020 Transportation Research Board 500 5th Street NW Washington, DC 20001 www.trb.org Prepared by: For: The views expressed in this document are those of the author(s), and are intended to help inform and stimulate discussion. The document is not a report of the National Academies of Sciences, Engineering, and Medicine and has not been subjected to its review procedures. 1 Introduction 1.1. Background In coordination with the National Cooperative Highway Research Program (NCHRP), the TRB Forum on Preparing for Automated Vehicles and Shared Mobility (Forum) has developed nine (9) Topical Papers to support the work of the Forum (Project). The mission of the Forum is to bring together public, private, and research organizations to share perspectives on critical issues for deploying AVs and shared mobility. This includes discussing, identifying, and facilitating fact-based research needed to deploy these mobility focused innovations and inform policy to meet long-term goals, including increasing safety, reducing congestion, enhancing accessibility, increasing environmental and energy sustainability, and supporting economic development and equity. POTENTIAL FOR IMPACTS OF HIGHLY AUTOMATED VEHICLES AND SHARED MOBILITY ON MOVEMENT OF GOODS AND PEOPLE PAGE 2 The Topical Areas covered as part of the Project include -
Economic Analysis of Contract Law After Three Decades: Success Or Failure? Eric A
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2002 Economic Analysis of Contract Law after Three Decades: Success or Failure? Eric A. Posner Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Eric Posner, "Economic Analysis of Contract Law after Three Decades: Success or Failure?" (John M. Olin Program in Law and Economics Working Paper No. 146, 2002). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 146 (2D SERIES) Economic Analysis of Contract Law after Three Decades: Success or Failure? Eric A. Posner THE LAW SCHOOL THE UNIVERSITY OF CHICAGO This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=304977 Economic Analysis of Contract Law After Three Decades: Success or Failure? Eric A. Posner1 Abstract: Law and economics has failed to produce plausible descriptive theories of contract doctrines. This paper documents these failures and suggests that they are due to a methodological problem involving the concept of transaction costs. If transaction costs refer to writing or information costs, then rational individuals would agree to complex contracts that are not in fact observed, and contract law would, for the most part, have no other function than that of specifically enforcing contracts. -
Economic Evidence and Econometrics in Competition Law
Economic evidence and econometrics in competition law UNCTAD Research Partnership Platform Geneva 7 July 2013 Dr. Ioannis Lianos Faculty of laws University College London The views expressed are those of the authors and do not necessarily reflect the views of UNCTAD Structure • The emergence of a “regulatory science” of economics • Points of access of economic evidence • Assessment of economic evidence 2 Use of econometrics in EU competition law 16 demand analysis 14 12 other techniques 10 statistical tests 8 Linear (demand 6 analysis) 4 Linear (other 2 techniques) Linear (statistical tests) 0 2004 2005 2006 2007 2008 2009 2010 2011 3 Evolution of use of quantitative techniques Figure 1: Evolution of Use of Quantitative Techniques (2004-2011) statistical tests 100% other techniques 80% demand analysis 60% 40% 20% 0% 2004 2005 2006 2007 2008 2009 2010 2011 4 Percentage Purpose of Use of Quantitative Techniques Figure 2: Percentage Purpose of Use of Quantitative 60 52 Techniques 40 20 17 1 22 0 8 efficiencies' market assessment market structure definition non-price behaviour pricing behaviour 5 Percentage of use of quantitative techniques 30 25 Figure 3: Percentage Use of Quantitative Techniques 20 15 10 15 5 0 SSNIP test 2 6 bidding studies 9 (by type) critical loss analysis demand system fo... 11 12 diversion ratio hedonic price anal... 28 industry-specific... 11 market share dete... 21 mathematical formula price correlation price determinants... 22 production determ... residual demand a... 6 • MERGERS – Market Definition – Anticompetitive