Common law

About: Common law is a research topic. Over the lifetime, 30135 publications have been published within this topic receiving 280701 citations. The topic is also known as: judicial precedent & judge-made law.

Comparative law and economics

Abstract: The comparative study of law and the institutions of law have enriched our understanding of the role law plays in our society by comparing law and legal institutions in different countries, but we have lacked a strong theoretical structure. Scholars studying the role of law in society by applying economic theories have offered a parsimonious theoretical structure with which to understand the relationship between law and society but have tended to focus only on American legal issues. Ugo Mattei joins insights from both areas of scholarship in a productive relationship that furthers our understanding of why societies adopt different laws and why some societies share similar laws.Mattei shows how concepts from economics can be applied to the study of comparative law. He then applies the concepts to several significant problems in comparative law, including the history and sources of law, differences between civil and common law systems, and the reasons for legal change and the movement of law from one country to another. He looks at specific problems in property, contracts, and trust law. Finally he uses the insights he has developed to understand the issues involved in changing law in developing countries and in formerly socialist countries.This book will be of interest to scholars of law, economics, and development, as well as those interested in transformation in formerly communist states.Ugo Mattei is Alfred and Hanna Fromm Professor of International and Comparative Law, Hastings College of Law, University of California; and Professor of Civil Law, University of Trento.

Indirect Liability for Copyright Infringement: An Economic Perspective

Abstract: When individuals infringe copyright, they often use tools, services, and venues provided by other parties An enduring legal question asks to what extent those other parties should be held liable for the resulting infringement For example, should a firm that produces photocopiers be required to compensate authors for any unauthorized copies made on that firm's machines? What about firms that manufacture personal computers or offer Internet access; should they be liable, at least in part, for online music piracy? Modern copyright law addresses these issues through a variety of common law doctrines and statutory provisions In this essay, we introduce those rules and evaluate them from an economic perspective In the process, we emphasize that every mechanism for rewarding authors inevitably introduces some form of inefficiency, and thus the only way to determine the proper scope for indirect liability is to weigh its costs and benefits against those associated with other plausible mechanisms for rewarding authors

Private Parties and the Annulment Procedure: Can the Gap in the European System of Judicial Protection Be Closed?

Abstract: The restrictions imposed on the possibility for an individual to challenge European law measures and the restrictive interpretation of the notion of ‘individual concern’ given by the European Court of Justice have been highly criticised by legal scholars and members of the European judiciary as being against the principle of effective judicial protection. This paper shows how the restrictive interpretation of the notion of ‘individual concern’ developed in the case law of the European Court of Justice. Furthermore, the paper discusses possible improvements to the current system of judicial protection, such as the possibility to introduce a fundamental rights complaint procedure and the obligation of Member States to provide for effective judicial remedies before national courts. Finally, the impact of the modifications made by the Lisbon Treaty to the annulment procedure is assessed.

Forbidden Grounds: The Case Against Employment Discrimination Laws

Abstract: This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws.He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major