In their seminal 1972 article, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," Guido Calabresi and A. Douglas Melamed proposed an analytic framework for comparing entitlements protected by property rules and liability rules. Their article has become one of the...

This study examines the impact of tort reform on minority access to medical care. Past research has investigated tort reform, but this is the first study to consider minority healthcare access. I examine 261 Metropolitan Statistical Areas (MSAs) from 1993-2000 to test the impact of non-economic...

The relationship between fundamental rights and intellectual property has long been recognised. The rights to life and to health have been understood as relevant to debates about the patenting of biotechnological inventions and the right to freedom of expression has had an impact in both...

International agreements do not generally address issues of secondary liability for infringement of intellectual property law rights, and there is little international consensus on this topic, even among the major industrialized nations. National laws tend to vary considerably regarding the...

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the theory of negligence. It shows that tort claims are systematically devalued during settlement...

Marsden explains for a general policy audience what the regulatory and governance problems and potential solutions are for the issue referred to as ‘network neutrality’, unpacking its ‘lite’ and ‘heavy’ elements. Eschewing technical, economic or legalistic explanations which he has...

A mock trial setting provides a superb opportunity for students to apply their economic knowledge. This format utilizes a team approach in which parties representing the plaintiff and defense provide calculations of economic damages, which are presented before a jury. Because this exercise...

Because tort law generally and healthcare regulation specifically are traditional state functions and because medical, legal, and insurance practices are highly localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty....

This paper sets out a public choice (rent-seeking) theory of the Due Process Clause, which implies that the function of the clause is to prevent takings through the legislative or common law process. This view of the clause's function supports a preference for expanding rather than contracting...