Promises by one party “to indemnify” or “to save harmless” another party take many different forms and appear in many different kinds of contracts. It is clear, however, that not all indemnities possess identical characteristics. So what, then, is the essential characteristic of a...

One of the most fundamental issues every legal system must address is the form of protection that should be given to legal entitlements. Calabresi & Melamed offered a simple, elegant criterion for choosing between property rules and liability rules, namely transaction costs. Property rules...

Courts, commentators and practitioners have for too long viewed intellectual property law as a discrete discipline, without putting it into the proper theoretical context of general jurisprudence. Intellectual property law cannot and must not exist on its own, outside the normative framework of...

The goal of this article is to advance the theory of legal entitlements by developing a new theory of autonomy entitlements to describe fundamental constitutional rights and other individual liberties. Such rights, a primary objective of which is to provide, directly or indirectly, a zone of...

Written by a leading expert in copyright valuation, the paper reviews critical considerations for estimating damages in litigation regarding musical compositions and sound recordings. These valuations can also be related to matters involving breach of contract, tortuous interference, personal...

This is a survey of the field of economic analysis of law, focusing on the work of economists. The survey covers the three central areas of civil law - liability for accidents (tort law), property law, and contracts - as well as the litigation process and public enforcement of law

Amendments to the Louisiana Civil Code revived the potential for a testament to utilize the fidei commissum de residuo, while maintaining that the distinct fidei commissum is still prohibited. However, the Civil Code is silent as to the composition of the residual interest resulting from...

The Supreme Court's decision in McMahon and its progeny has led many businesses and employers to embrace what was once deemed a localized, industry-specific practice. The "new" or "mass arbitration" only mildly resembles the traditional system employed by niches in industry for settling...

How is basketball like law? In its dependence on rules, interpretation, the symbolic ritualization of violence, the coordination of competition, requirement of the appearance of fairness, both real-time and appellate adjudication, its public visibility and central role in the organization of...

Research on the statutory license for certain types of copyright-protected content has revealed an unlikely symbiosis between uncertainty and efficiency. Contrary to received wisdom, which tells us that in order to increase efficiency, we must increase stability, this Article will show that...