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This article analyzes alternative rules for settling conflicts between right owner and a bona fide purchaser. The optimal rule, so it is argued, is the one which maximizes the expected value of the ownership right, given the risk of right violation. In order to maximize this value, one must seek...
Persistent link: https://www.econbiz.de/10014031092
This article analyzes alternative rules for settling conflicts between right owner and a bona fide purchaser. The optimal rule, so it is argued, is the one which maximizes the expected value of the ownership right, given the risk of right violation. In order to maximize this value, one must seek...
Persistent link: https://www.econbiz.de/10012750648
Persistent link: https://www.econbiz.de/10001841394
the author edited, Law and Economics of Possession. Then, this article applies the economy of concept theory developed by …
Persistent link: https://www.econbiz.de/10012997644
Our analysis focuses on a situation where a landowner and the government invest prior to the government's taking decision. When the government suffers from budgetary "fiscal illusion", optimal compensation amounts to the hypothetical value of the landowner's property had she invested...
Persistent link: https://www.econbiz.de/10013117255
Our analysis focuses on a situation where a landowner and the government invest prior to the government's taking decision. When the government suffers from budgetary "fiscal illusion," optimal compensation amounts to the hypothetical value of the landowner's property had she invested...
Persistent link: https://www.econbiz.de/10013119937
This short paper written for a symposium issue of the Property Law Review on "Research Methods in Property Law," provides a concise introduction to the ways in which property rights (and duties) structure economic relations and, in turn, are influenced by economic considerations. Among the...
Persistent link: https://www.econbiz.de/10013061274
symposium sponsored by the Harvard Law Review on “The New Private Law Theory.” In his lead Article, Professor Smith critiques … what he calls the “bundle” picture of property, which he attributes to Legal Realists. Using an economic theory of … philosophy. Smith's and my methodological differences may be of interest to the New Private Law Theory, which encourages close …
Persistent link: https://www.econbiz.de/10013110656
There is a large body of research in economics and law suggesting that the legal origins of a country—that is, whether its legal regime is based on English common law or French, German, or Nordic civil law—profoundly impacts a range of outcomes. However, the exact relationship between legal...
Persistent link: https://www.econbiz.de/10012843750
picture captures too much to be a theory. By contrast, the information cost, or architectural, theory proposed here captures … law of nuisance, covenants, and zoning. In contrast to the bundle of rights picture, the modular theory captures how a … from the modular architecture. The Article then shows how the information cost theory helps explain some puzzling phenomena …
Persistent link: https://www.econbiz.de/10014172389