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Category Archives: Law & Economics
Harry Potter and the Trouble with Tort Theory
Imagine that upon graduation from Hogwarts School of Witchcraft and Wizardry, Harry Potter goes to law school. As a 1L, he takes torts from a professor with an economist’s view of the institution. She teaches Potter that tort law aims to minimize the sum of the costs of accidents and… Read More » Continue reading
Posted in Law & Economics, Law and Economics, Law Review Article, Stanford Law Review, Thought Experiment, Tort Law, Torts
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Commensurability and Agency
Introduction
In this Editorial we focus our attention on two concerns for Law and Economics (LE). The first relates to commensurability and the second focuses on agency. Both concerns are central to LE. The first concern questions the dominant method LE uses for making substantive decisions. The second concern challenges… Read More » Continue reading
Posted in Agency, Commensurability, Cornell Law Review, Criminal Law & Procedure, Dignity, Human Rights, Instrumental Considerations, Interpersonal Comparisons, Law & Economics, Law & Politics/Social Science, Law Review Article, Legal Philosophy & Critical Theory, Lexical Order, Non-Transitivity, Post Type, Privatization, Public Officials, Schools, Social Value, Societal Decisions, Topics, Tort Law, Torture
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Preventing the Misuse of Preventive Adjudication: A Response to Bray
Henry E. Smith
Samuel Bray’s recent article in the University of Chicago Law Review proposes an innovative category—preventive adjudication—to capture how courts minimize the harm from legal uncertainty. In preventive adjudication, the court issues no command to the parties, applies a prospective remedy only, and applies the law to a given… Read More » Continue reading
Posted in Civil Procedure, Exclusive Legal Workshop Editorial, Law & Economics, preventive adjudication, Remedies, U. Chicago Law Review
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