Issues in law and economics / Harold Winter.

Format:

Book

Author/Creator:

Winter, Harold, 1960- author.

Language:

English

Subjects (All):

Law--Economic aspects--United States.

Law.

Law and economics.

Physical Description:

1 online resource (248 pages)

Place of Publication:

Chicago ; London : The University of Chicago Press, 2017.

Summary:

Is file-sharing destroying the music industry? Should the courts encourage breach of contract? Does the threat of malpractice lawsuits cause doctors to provide too much medical care? Do judges discriminate when sentencing? With Issues in Law and Economics, Harold Winter takes readers through these and other recent and controversial questions. In an accessible and engaging manner, Winter shows these legal issues can be reexamined through the use of economic analysis. Using real-world cases to highlight issues, Winter offers step-by-step analysis, guiding readers through the identification of the trade-offs involved in each issue and assessing the economic evidence from scholarly research before exploring how this research may be used to guide policy recommendations. The book is divided into four sections, covering the basic practice areas of property, contracts, torts, and crime, with a fifth section devoted to a concise introduction to the topic of behavioral law and economics. Each chapter concludes with a series of thought-provoking discussion questions that provide readers the opportunity to further explore important ideas and concepts.

Contents:

Should body parts be salable? Moore v. the Regents of the University of California (1990) and the market for human tissue

Can anyone own the sunlight? Fontainebleau Hotel Corp. v. Forty-Five Inc. (1959) and the assignment and protection of property rights

Should eminent domain power be available to private companies? Poletown Neighborhood Council v. City of Detroit (1981) and the economics of takings

Will file sharing ruin the music industry? A&M Records v. Napster and the economics of copyright protection

Should the courts encourage contractual breach? Acme Mills & Elevator Co v. J.C. Johnson (1911) and the economics of breaking promises

Should the courts void a contractual clause they deem unfair? Williams v. Walker Thomas Furniture Co. (1965) and the paradox of stipulated damages

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

Should firms be held liable for product defects? Voss v. Black and Decker and the economics of product liability

Does malpractice liability induce physicians to provide too much health care? Helling v. Carey (1974) and the economics of medical malpractice law

Are criminals rational? Gary Becker and the dawn of rational crime

Analysis (1968)

Does prison reduce crime through deterrence or incapacitation? Ewing v. California (2003) and the economics of the three-strikes law

Is racial profiling a nondiscriminatory policing strategy? Anderson v. Cornejo (2004) and the economics of police search procedures

Do judges discriminate when sentencing? The Sentencing Reform Act and federal sentencing guidelines (1984)

How does behavioral economics contribute to the economic analysis of law? A brief introduction to the marriage of economics and psychology.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9780226249766

022624976X

OCLC:

1139920252