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Author(s): Harold Winter
ISBN(s): 9780226249629, 022624962X
Edition: 1
File Details: PDF, 1.07 MB
Year: 2017
Language: english
SKU: EB-50339354 Category: Tag:

(Ebook PDF) Issues in Law and Economics 1st Edition by Harold Winter -Ebook PDF Instant Download/Delivery:9780226249766, 022624976X

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ISBN 10:022624976X

ISBN 13:9780226249766

Author: Harold Winter

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.  

Table of Contents:

  • Introduction: Applying Economic Reasoning to the Law
  • PART I. Property
  • CHAPTER 1. Should Body PARTs Be Salable? Moore v. The Regents of the University of California (1990) and the Market for Human Tissue
  • CHAPTER 2. Can Anyone Own the Sunlight? Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc. (1959) and the Assignment and Protection of Property Rights
  • CHAPTER 3. Should Eminent Domain Power Be Available to Private Companies? Poletown Neighborhood Council v. City of Detroit (1981) and the Economics of Takings
  • CHAPTER 4. Will File Sharing Ruin the Music Industry? A&M Records v. Napster (2001) and the Economics of Copyright Protection
  • PART II. Contracts
  • CHAPTER 5. Should the Courts Encourage Contractual Breach? Acme Mills & Elevator Co. v. J.C. Johnson (1911) and the Economics of Breaking Promises
  • CHAPTER 6. Should the Courts Void a Contractual Clause They Deem Unfair? Williams v. Walker Thomas Furniture Co. (1965) and the Paradox of Stipulated Damages
  • PART III. Torts
  • CHAPTER 7. 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
  • CHAPTER 8. Should Firms Be Held Liable for Product Defects? Voss v. Black and Decker (1983) and the Economics of Product Liability
  • CHAPTER 9. Does Malpractice Liability Induce Physicians to Provide Too Much Health Care? Helling v. Carey (1974) and the Economics of Medical Malpractice Law
  • PART IV. Crime and Punishment
  • CHAPTER 10. Are Criminals Rational? Gary Becker and the Dawn of Rational Crime Analysis (1968)
  • CHAPTER 11. Does Prison Reduce Crime through Deterrence or Incapacitation? Ewing v. California (2003) and the Economics of the Three-Strikes Law
  • CHAPTER 12. Is Racial Profiling a Nondiscriminatory Policing Strategy? Anderson v. Cornejo (2004) and the Economics of Police Search Procedures
  • CHAPTER 13. Do Judges Discriminate When Sentencing? The Sentencing Reform Act and Federal Sentencing Guidelines (1984)
  • PART V. Behavioral Law and Economics
  • CHAPTER 14. How Does Behavioral Economics Contribute to the Economic Analysis of Law? A Brief Introduction 

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