Issues in Law and Economics
240 pages
|
6 x 9
|
© 2017
- Contents
- Review Quotes
Table of Contents
Contents
Preface
Acknowledgments
Introduction Applying Economic Reasoning to the Law
Part I. Property
Chapter 1. Should Body Parts Be Salable? Moore v. The Regents of the University of California (1990) and the Market for Human Tissue
Chapter 2. Can Anyone Own the Sunlight? Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc. (1959) and the Assignment and Protection of Property Rights
Chapter 3. Should Eminent Domain Power Be Available to Private Companies? Poletown Neighborhood Council v. City of Detroit (1981) and the Economics of Takings
Chapter 4. Will File Sharing Ruin the Music Industry? A&M Records v. Napster (2001) and the Economics of Copyright Protection
Part II. Contracts
Chapter 5. Should the Courts Encourage Contractual Breach? Acme Mills & Elevator Co. v. J.C. Johnson (1911) and the Economics of Breaking Promises
Chapter 6. Should the Courts Void a Contractual Clause They Deem Unfair? Williams v. Walker Thomas Furniture Co. (1965) and the Paradox of Stipulated Damages
Part III. Torts
Chapter 7. Should Tort Liability Be Governed by Fault or No-Fault Rules? Indiana Harbor Belt Railroad v. American Cyanamid (1990) and the Economics of the Great Debate in Tort Law
Chapter 8. Should Firms Be Held Liable for Product Defects? Voss v. Black and Decker (1983) and the Economics of Product Liability
Chapter 9. Does Malpractice Liability Induce Physicians to Provide Too Much Health Care? Helling v. Carey (1974) and the Economics of Medical Malpractice Law
Part IV. Crime and Punishment
Chapter 10. Are Criminals Rational? Gary Becker and the Dawn of Rational Crime Analysis (1968)
Chapter 11. Does Prison Reduce Crime through Deterrence or Incapacitation? Ewing v. California (2003) and the Economics of the Three-Strikes Law
Chapter 12. Is Racial Profiling a Nondiscriminatory Policing Strategy? Anderson v. Cornejo (2004) and the Economics of Police Search Procedures
Chapter 13. Do Judges Discriminate When Sentencing? The Sentencing Reform Act and Federal Sentencing Guidelines (1984)
Part V. Behavioral Law and Economics
Chapter 14. How Does Behavioral Economics Contribute to the Economic Analysis of Law? A Brief Introduction to the Marriage of Economics and Psychology
Index
Acknowledgments
Introduction Applying Economic Reasoning to the Law
Part I. Property
Chapter 1. Should Body Parts Be Salable? Moore v. The Regents of the University of California (1990) and the Market for Human Tissue
Chapter 2. Can Anyone Own the Sunlight? Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc. (1959) and the Assignment and Protection of Property Rights
Chapter 3. Should Eminent Domain Power Be Available to Private Companies? Poletown Neighborhood Council v. City of Detroit (1981) and the Economics of Takings
Chapter 4. Will File Sharing Ruin the Music Industry? A&M Records v. Napster (2001) and the Economics of Copyright Protection
Part II. Contracts
Chapter 5. Should the Courts Encourage Contractual Breach? Acme Mills & Elevator Co. v. J.C. Johnson (1911) and the Economics of Breaking Promises
Chapter 6. Should the Courts Void a Contractual Clause They Deem Unfair? Williams v. Walker Thomas Furniture Co. (1965) and the Paradox of Stipulated Damages
Part III. Torts
Chapter 7. Should Tort Liability Be Governed by Fault or No-Fault Rules? Indiana Harbor Belt Railroad v. American Cyanamid (1990) and the Economics of the Great Debate in Tort Law
Chapter 8. Should Firms Be Held Liable for Product Defects? Voss v. Black and Decker (1983) and the Economics of Product Liability
Chapter 9. Does Malpractice Liability Induce Physicians to Provide Too Much Health Care? Helling v. Carey (1974) and the Economics of Medical Malpractice Law
Part IV. Crime and Punishment
Chapter 10. Are Criminals Rational? Gary Becker and the Dawn of Rational Crime Analysis (1968)
Chapter 11. Does Prison Reduce Crime through Deterrence or Incapacitation? Ewing v. California (2003) and the Economics of the Three-Strikes Law
Chapter 12. Is Racial Profiling a Nondiscriminatory Policing Strategy? Anderson v. Cornejo (2004) and the Economics of Police Search Procedures
Chapter 13. Do Judges Discriminate When Sentencing? The Sentencing Reform Act and Federal Sentencing Guidelines (1984)
Part V. Behavioral Law and Economics
Chapter 14. How Does Behavioral Economics Contribute to the Economic Analysis of Law? A Brief Introduction to the Marriage of Economics and Psychology
Index
Review Quotes
Thomas J. Miceli, author of The Economic Approach to Law
“With nary a graph or algebraic expression, Winter does an excellent job of explaining complex issues and technical material in an admirably clear and accessible way, using cases to motivate topics across the major common law fields— torts, contracts, property, and crime—and showing how economists think about legal issues by boiling them down to fundamental economic problems.”
W. Kip Viscusi, Vanderbilt Law School, coauthor of Economics of Regulation and Antitrust
“Winter’s terrific book is an unqualified success in engaging students in the application of economic analysis to legal issues. After beginning each chapter’s discussion by describing a pivotal legal decision in the area, Issues in Law and Economics provides a succinct examination of the economic reasoning relevant to that decision. Each chapter then provides a thorough, insightful, and easily accessible examination of the economic analysis that is pertinent to the principal legal fields.”
Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
“Issues in Law and Economics furnishes readers with a readily understandable and highly interesting overview of the new and influential field of law and economics. Each chapter begins with a legal case or example and uses that as a springboard for an analytical (but nontechnical) discussion. Such topics as markets in human organs, copyright protection in the music industry, and decision making by criminals exemplify the breadth of Winter’s engaging treatment of law and economics.”
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