This paper contains the chapters on public enforcement of law and on criminal law from a general, forthcoming book, Foundations of Economic Analysis of Law (Harvard University Press, 2003). By public law enforcement is meant the use of public law enforcement agents -- such as police, tax...

This comprehensive textbook published by Oxford University Press applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching in the last half-century, but it has focused mostly on private law, business law, and criminal law. This book...

Framing is pervasive in public international law. International legal norms (incl. soft law) and international politics both inevitably frame how international actors perceive a given problem. Although framing has been an object of study for a long time - be it in domestic or international...

Mariano-Florentino Cuéllar, Margaret Levi, and Barry R. Weingast's excellent essay, Twentieth Century America as a Developing Country, Conflict, Institutional Change and the Evolution of Public Law (https://dx.doi.org/10.2139/ssrn.3340645), celebrates the period during which the National Labor...

"All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The Directive (and the soft-law instruments accompanying it) not only marks a new phase for private enforcement of competition law but also, more generally,...

In this Comment, I discuss Marie Obidzinski's (2019) paper considering the effects of political competition on the accuracy of law enforcement and criminal justice. The paper develops an economic model to explain the empirical findings of Lin (2007) and McCannon (2013). The model generates novel...

This article analyses the interstate dispute settlement mechanisms between member states of the German Confederation (Deutscher Bund). The question as to how disputes between German sovereigns should be decided already had a long (pre-)history dating back to the Middle Ages. Article 11 IV of the...

This article analyses the interstate dispute settlement mechanisms between member states of the German Confederation (Deutscher Bund). The question as to how disputes between German sovereigns should be decided already had a long (pre-)history dating back to the Middle Ages. Article 11 IV of the...

"We begin with two bibliographical observations. First, scholarly interest in trust is no recent phenomenon, but lately there has been a flowering of academic literature studying numerous dimensions of trust from the standpoints of philosophy, economics, sociology and psychology. The depth and...

Das vorliegende Forschungsvorhaben untersucht, ob und inwieweit durch Zivil- und öffentliches Recht nachhaltiger Konsum in der Kauf- und Nutzungsphase von Produkten gefördert werden kann. Während bislang in erster Linie öffentlich-rechtliche Instrumente, die den Hersteller von Produkten...

"All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The directive (and the soft-law instruments accompanying it) does not only mark a new phase for private enforcement of competition law but also, more generally, a...

In this conference we want to make our contribution in the theme " Habeas data: new judicial guarantee in public law of Latin America ", concept of habeas data, origin and evolution, regulatory developments of the right-guarantee habeas data in the Latin America, experience of Colombia, Brasil,...

Restitution as the response to unjust enrichment has been available for a long time. As a body of law, it has mainly related to transactions between private entities. The decision of the House of Lords in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70 changed the...

Professor Tudor Drãganu, eminent jurist, has left the mark of a vast culture on the Romanian legal education, comprising three periods: the last decade of the interwar period, the socialist state period, (1945-1989) and the period of democracy born after the 1989 revolution. The science of law...

The Romanian administrative law is greatly inspired from the same branch of the French law. French administrative law is strongly dominated by Public law. The pre-eminence of the general interest, specific to the French vision of public service managed to be recognised in that area, even if to a...

Economic analysis of law: an overview -- Behavioral studies -- An overview of behavioral law and economics -- Normative implications -- Behavioral insights and basic features of the law -- Property law -- Contract law -- Consumer contracts -- Tort law -- Commercial law: corporate law, securities...

Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. The chapters explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope...

The 1998 Master Settlement Agreement resolved the unprecedented litigation in which the states sought to recoup the cigarette-related Medicaid costs. The litigation was settled through a combination of negotiated regulatory requirements and financial payments of about $250 billion over 25 years....

L'ouvrage constitue un lieu d'approfondissement du droit constitutionnel et administratif belge en même temps qu'un complément aux enseignements de droit économique et de droit européen. Les principaux thèmes qui sont abordés sont: le statut de la liberté d'entreprendre; les principes et...

The article examines the complex and strained relations between politics, the State and the Constitution, both by means of the famous debate over democracy and constitutionalism, and by means of the paradoxes of the legal formalism associated with the constitutional law, the political law par...

In most scholarship on bureaucracy, the existence of administrative agencies is the starting point for analysis. Yet, from the perspective of institutional design, there is no necessary reason to assume that a supreme legislature will choose to delegate policymaking authority to a bureaucracy....