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Law And Economics In Europe And The U S


Law And Economics In Europe And The U S
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Law And Economics In Europe And The U S


Law And Economics In Europe And The U S
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Author : Alain Marciano
language : en
Publisher: Springer
Release Date : 2016-11-30

Law And Economics In Europe And The U S written by Alain Marciano and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-30 with Law categories.


This volume traces the evolution of the field of law and economics from its European roots to its neoclassical “Chicagoan” period to its current identity as a more fluid, transatlantic discipline. Paying special attention to the work of German economist Juergen Backhaus, who was instrumental in the reintroduction of the European perspective to the field, this book analyzes this gradual shift in the law and economics debate and provides a state-of-the-art of the literature currently being produced by the field’s most active scholars. Beginning with a discussion of the history of the field and Backhaus’ role in its development, the volume provides a survey of issues central to the current debate such as legal processes in both Europe and the U.S., constitutional political economy, regulatory law, and the ongoing evolution of the European Union. The importance of this volume is two-fold, as it firmly grounds the discipline in history while establishing a future research agenda. This book will be of use to researchers studying law and economics as well as those interested in institutional analysis.



Law And Economics In Europe


Law And Economics In Europe
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Author : Klaus Mathis
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-11

Law And Economics In Europe written by Klaus Mathis and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Law categories.


This anthology illustrates how law and economics is developing in Europe and what opportunities and problems – both in general and specific legal fields – are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.



The Law And Economics Of Class Actions In Europe


The Law And Economics Of Class Actions In Europe
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Author : Jürgen G. Backhaus
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01

The Law And Economics Of Class Actions In Europe written by Jürgen G. Backhaus and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.


'The Law and Economics of Class Actions in Europe marshals an impressive array of expertise from both sides of the Atlantic to illuminate the debate over class action litigation. This volume is a valuable addition to the literature on class actions in both the US and Europe.' – Jennifer Arlen, New York University, School of Law, US 'The availability and performance of class actions is a fundamental question being addressed in many legal systems. Class actions offer a rare opportunity for individuals with small losses to obtain redress against large companies and may provide important incentives to comply with the law. Effective class actions that provide these benefits exist in few countries. This book assembles leading scholars from around the world to provide important new insights into the theory and practice of this important legal procedure.' – Theodore Eisenberg, Cornell University, US This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome addition to the bookshelf of all those interested in the function of class action litigation for promoting justice and efficiency. In particular, it will benefit graduate and postgraduate students, researchers and academics in law, economics, and law and economics, policymakers, judges and attorneys.



Comparative Economic Analysis Of Regulatory Competition In Corporate Law In Europe And The United States


Comparative Economic Analysis Of Regulatory Competition In Corporate Law In Europe And The United States
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Author : Robin Eyben
language : en
Publisher: GRIN Verlag
Release Date : 2013-08-07

Comparative Economic Analysis Of Regulatory Competition In Corporate Law In Europe And The United States written by Robin Eyben and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-07 with Law categories.


Master's Thesis from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Hamburg (Institut für Recht und Ökonomik), language: English, abstract: In the US it is principally the states that are in charge of regulating the internal affairs of corporations. States allow firms to relocate in other states. Hence, it is argued that states are engaging in a process of competing for corporate charters. In the EU this basic setting is today quite similar: the EU Member States have separately created their own corporate law systems for decades. Though only since the European Court of Justice (ECJ) ruled in a series of famous decisions from Centros to Inspire Art that Member States have to recognize firms who are incorporated under other Member States’ corporate law, the possibility for regulatory competition in corporate is opened in the EU as well. Comparing the situations in Europe and America from a law and economics perspective, the guiding hypothesis of this thesis is that while regulatory competition in corporate law can lead to efficient results, several problems have to be taken into account. Inefficiencies in American and European regulatory competition in corporate law are mainly due to these problems. A possible normative solution to such inefficiencies is assessed. Other findings of this thesis involves the following aspects: Firstly, while regulatory competition in corporate law in the U.S. might have been economically efficient in the past, it now can be identified several factors that lead to suboptimal outcomes which can be explained positively by applying existing theories on the issue as complementary ones. Secondly, the European legal and economic situation resembles important factors of the American one while there are some major differences that will probably lead to different outcomes to those in the U.S. – though these are suboptimal as well. Thirdly, a normative conclusion is drawn from these comparative observations. It can be efficient to restructure the framework in which regulatory competition in corporate law takes place in both, the U.S. and the EU. It is proposed a form of procedural harmonization and a simplification of conflict of laws that will allow states to compete for separate modules of legal sectors in corporate law. Thus innovation and learning processes in corporate regulations will be easier comparable and a sustainable race to the top may begin.



Comparative Competition Law And Economics


Comparative Competition Law And Economics
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Author : Roger van den Bergh
language : en
Publisher:
Release Date : 2017

Comparative Competition Law And Economics written by Roger van den Bergh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Antitrust law categories.


Offering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches. The book provides thorough coverage including the definition of market power, the use of horizontal and vertical restrictions, mergers and the unilateral conduct of dominant firms. It also includes discussion of problems relating to the enforcement of legal prohibitions, which will be of particular interest to practitioners and regulators. With analysis of leading cases of EU competition law, US antitrust law and insightful case studies of competition laws in BRIC countries, this book succinctly highlights the key information and goes further to discuss the many issues relating to the use of economic analysis. Key Features: uses economic insights to help students understand the context in which the rules of competition law are applied systematically compares EU competition law and US antitrust law, with discussion of leading cases, in order to understand how the underlying principles work in practice clear presentation, including boxes highlighting key case studies, ensures information on the competition laws of various BRIC countries is easily accessible the comparative approach and use of international case studies make this an ideal textbook for students in any jurisdiction.



The Rise Of Law And Economics


The Rise Of Law And Economics
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Author : George L. Priest
language : en
Publisher: Routledge
Release Date : 2020-03-03

The Rise Of Law And Economics written by George L. Priest and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-03 with Business & Economics categories.


This is a history—though, intentionally, a brief history—of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field’s relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field—Ronald Coase, Guido Calabresi, and Richard Posner—and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991. This is an essential companion to law and economics texts for undergraduate law and economic students and, especially, a general supplement to first-year casebooks for law school students.



Global Competition Law And Economics


Global Competition Law And Economics
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Author : Einer Elhauge
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-08-03

Global Competition Law And Economics written by Einer Elhauge and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-03 with Law categories.


This is the second edition of the acclaimed text on global antitrust law. With markets becoming increasingly global, mergers requiring approval in several different jurisdictions, cartels in one nation affecting supply in others, and countries increasingly entering into treaties with each other about the content or enforcement of competition laws, antitrust law is now a truly global phenomenon. Modern antitrust law is also different because it now reflects an increasingly economic approach to analysing antitrust and competition policy. This innovative work is the only truly comparative and economically sophisticated casebook on the market. Addressed to students from all jurisdictions having competition laws, this casebook provides an in-depth analysis of the two major global antitrust regimes in the world, as well as a summary of selected national antitrust laws. As such it will also serve as a useful reference for practitioners, competition officials and policy-makers interested in competition law. In the four years since the first edition, the increased globalization of antitrust law has continued apace. China, the world's third largest economy after the EU and US, has adopted an antitrust law and other nations have modified and modernized their antitrust regimes. The EU has adopted a new EU Treaty, new EU guidelines on abuse of dominance, new EU guidelines on non-horizontal mergers, and new EU regulations and guidelines on vertical agreements. In the US there have been important new Supreme Court cases (the 2009 Linkline and 2010 American Needle decisions) and the appearance of a new economic approach in the revised 2010 U.S. Merger Guidelines. This new edition expands and updates the pioneering approach of the first edition, addressing new developments not only in the US and EU, but also in Australia, Brazil, Canada, Israel, Japan, South Africa, and South Korea, with expanded coverage of China's new antitrust law, and the antitrust laws of Argentina, Chile, Colombia, Egypt, India, Indonesia, New Zealand, Peru, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey, and Venezuela. Praise for the first edition '...worthy of considerable praise...contains a vast collection of well-chosen material taking in a wide span of both antitrust and merger law issues. It is well written and clear throughout, particularly on the economic concepts, and provides incisive commentary and questions which inspire further study.' Peter Whelan, Cambridge Law Journal 'Enlightened law professors and law schools will best serve their students not by teaching national competition law but by adopting Global Competition Law and Economics...an excellent book for introductory courses in comparative competition law at either a graduate or undergraduate level.' Okeoghene Odudu, Common Market Law Review '...the best four-and-a-half centimetres of shelf-space that I have seen devoted to competition law and policy issues for a very long time”.' Yvonne van Roy, New Zealand Law Journal 'Free from the ideologically-driven perspective that can affect other antitrust casebooks, this is also the first casebook organized from inception with an eye directly on the global context...this book may be used in a classroom in Europe just as it will be used in the U.S. The result is a highly welcome contribution to the evolution of competition studies.' Judge Douglas Ginsburg '...this book is the only one on the market that is extremely well suited for use in a comparative antitrust law class...an extraordinarily teachable book that contains everything you might want to present...Finally, the comparative antitrust field has a standard textbook to use. And a wonderful standard it is.' Robert H Lande, University of Baltimore Law School



Consumer Law And Economics


Consumer Law And Economics
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Author : Klaus Mathis
language : en
Publisher: Springer Nature
Release Date : 2020-08-31

Consumer Law And Economics written by Klaus Mathis and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-31 with Law categories.


This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.



Law And Economics In The Ria World


Law And Economics In The Ria World
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Author : Andrea Renda
language : en
Publisher:
Release Date : 2011

Law And Economics In The Ria World written by Andrea Renda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Administrative law categories.


The use of economics in public policy, in the form of ex ante Regulatory Impact Analysis (RIA), is strongly advocated by international organizations, such as the Organization for Economic Co-operation and Development and the World Bank. In the US and the EU, hundreds of RIAs are produced every year to justify public intervention in the form of regulation. But, reality shows that, in many other countries, the adoption and implementation of this tool has been patchy at best. At the same time, the use of economics in RIA is heavily challenged by scholarly developments, such as behavioral economics, neuroeconomics, and the study of social norms, and was unable to predict and cure the financial crisis that hit the global economy in 2007. This book claims that RIA should incorporate recent developments from law and economics literature. It provides an analysis of the potential contribution of positive, normative, and functional schools of law and economics to the practice of RIA. The book contains thematic applications to policy fields, such as environmental protection, energy efficiency, financial markets, antitrust, cyberspace, and telecommunications. It provides far-reaching recommendations on the future of law and economics, as well as on the organization of RIA systems around the world, particularly in the US and the EU. (Series: European Studies in Law and Economics - Vol. 6)



The Law And Economics Of The European Union


The Law And Economics Of The European Union
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Author : Paul B. Stephan
language : en
Publisher:
Release Date : 2003

The Law And Economics Of The European Union written by Paul B. Stephan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.


This new book examines the economic foundations of the European Union and seeks to give the reader a solid grounding of the core concepts that explain why EU law looks and works as it does. Law and Economics of the European Union emphasizes case law and comparisons to analogous doctrines and problems that arise in the implementation of U.S. federalism. The authors strike a balance between the "constitutional" aspects of the EU--the establishment and the delineation of the institutions, with emphasis on their powers vis-^à-vis the states that make up the Union--and the regulatory product of the European Community, in particular the law that implements the freedom of movement of goods, services, persons, and capital. The final chapter looks at competition law in the EU, with multiple comparisons to U.S. antitrust law. This book reflects the authors' judgment that the EU, as an institution and the source of a body of law, has played, and will continue to play, an important role in contemporary international and business life.