Law and economics 2018

2018 New Titles LAW & ECONOMICS www.e-elgar.com www.elgaronline.com www.elgar.blog Law & Economics Elgar Textbooks Inspection copies available Inspection copies are available for all of our textbook titles for adoption on courses of 10 or more students To order, please contact our Cheltenham address or email with full course details to inspections@e-elgar.co.uk T&Cs apply Elgar textbooks are available as eBooks through Google Play, eBooks.com, VitalSource, Kortext and Kobo Comparative Competition Law and Economics Roger J Van den Bergh, Erasmus University Rotterdam, the Netherlands ‘Comparative Competition Law and Economics is a tour de force It offers a fully integrated analysis of US and EU competition law and economics It deserves a spot on your bookshelf.’ NE W – Daniel Rubinfeld, New York University, School of Law and University of California, Berkeley, US ‘Wherever you are in the world, you will find in this book everything you wanted to know about antitrust.’ – Giuliano Amato, Judge of the Italian Constitutional Court, Former Prime Minister ‘This is an excellent and truly interdisciplinary textbook on competition law and economics, in which students learn both the most important economic insights and the legal rules in a clear and comprehensible way 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 Contents: Introduction Economic approaches to competition law The goals of competition law Market power, market definition and entry barriers Horizontal Restrictions Vertical Restrictions Unilateral conduct of dominant firms Enforcement Merger Control Index Sept 2017 c 576 pp Paperback 978 78643 832 £40.00 Hardback 978 78643 830 £125.00 eTextbook – Wolfgang Kerber, Marburg University, Germany The Law and Economics of Federalism NEW Research Handbook on Behavioral Law and Economics Edited by Kathryn Zeiler, Boston University, School of Law and Joshua Teitelbaum, Georgetown University Law Center, US Edited by Jonathan Klick, University of Pennsylvania Law School, US The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive and emotional forces The field’s insights have important implications for law This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward This unique volume takes a primarily empirical perspective on the law and economics of federalism Using cross jurisdiction variation, the specially commissioned chapters examine the effects of various state experiments in areas such as crime, welfare, consumer protection, and a host of other areas Although legal scholars have talked about states as laboratories for decades, rarely has the law and economics literature treated the topic of federalism empirically in such a systematic and useful way March 2018 c 576 pp Hardback 978 84980 567 c £195.00 eBook • Elgaronline 2017 288 pp Hardback 978 84980 362 £90.00 eBook • Elgaronline NEW Economic Analysis of International Law Research Handbooks in Law and Economics series Research Handbook on Austrian Law and Economics Edited by Todd J Zywicki and Peter J Boettke, George Mason University, US Edited by Eugene Kontorovich, Northwestern University, Pritzker Law School and Francesco Parisi, University of Minnesota Law School, US, and University of Bologna, Italy The original contributions to this Research Handbook provide an introduction to the application of Austrian economics to law The book begins with chapters on the methodology of law and economics Further chapters discuss key concepts in Austrian economics – dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge – as they relate to topics in evolutionary law (social rules, selfgovernance, dispute resolution) and basic law (torts, antitrust, civil procedure, business and family law) ‘International law grows more and more important as a way for countries to cooperate to solve pressing global problems The innovative essays in this volume, by some of the leading experts in the field, illuminate the dynamics and uses of international law, showing the way forward for government officials, scholars, and students.’ Nov 2017 c 480 pp Hardback 978 84980 113 c £140.00 eBook • Elgaronline 2016 304 pp Hardback 978 85793 015 £85.00 eBook • Elgaronline Research Handbooks in Law and Economics series To order, telephone: +44 1235 465500 I – Joel P Trachtman, Tufts University, US Save up to 20% at www.e-elgar.com I To get email updates: subscribe@e-elgar.co.uk Law & Economics NEW Encyclopedia of Law and Economics, Second Edition Series editor: Gerrit De Geest, Washington University in St Louis, US This landmark series comprises twelve self-contained volumes (three are forthcoming) that present a state-of-the-art overview of the literature in the area of law and economics ‘The Encyclopedia of Law and Economics endeavours to provide the kind of encylopedic coverage – comprehensive and sophisticated but lucid, international without being esoteric, uniform without being monochrome, collective but individual – that the field of law and economics requires It will help to make the field accessible to outsiders and to promote mutual intelligibility among insiders It provides a meeting place for and an overview of scholarship, and will thus help to unify and advance the field It is a milestone in an advancing field.’ – From the foreword to the first edition by Richard A Posner Nine volume set 2012 4,784 pp Hardback 978 78195 205 £966.00 Available for libraries on Elgaronline Integrated electronic edition: As well as traditional print volumes, the Encyclopedia is available as a state-of-the-art online resource The electronic edition features a speciallydesigned interface, powerful search, and direct linking to references With unrestricted campus-wide access, it is the ideal choice for libraries • • • • • • Sophisticated search and cross-linking Navigation tools to aid use as an integrated resource Direct linking to external references Free-flowing XML text optimised for on-screen use Hosted on our award-winning platform, Elgaronline Technology designed to aid library integration Elgaronline Email: sales@e-elgar.co.uk for more information Methodologies of Law and Economics Edited by Thomas S Ulen, University of Illinois, Urbana-Champaign and Texas A&M University, US ‘Thomas S Ulen has brought together a compendium of outstanding essays in Methodologies of Law and Economics that will appeal to both students of and established scholars in law and economics as well as those who are interested in exploring the development of an intriguing academic discipline that has grown and evolved over the last 40 years While outsiders to the field might perceive law and economics to be a monolithic discipline, Ulen has succeeded in illustrating its broad array of approaches – theoretical, empirical, historical – all of which can be influenced by insights beyond economics from psychology, sociology, philosophy, political science and more I was delighted to read and learn from this illuminating collection of essays that could only be synthesized by someone with Ulen’s vast depth of knowledge of the field and capacious intellectual scope.’ – John Donohue, Stanford Law School, US Series no 10 Oct 2017 c 320 pp Hardback 978 84720 367 c £120.00 Tort Law and Economics Edited by Michael Faure Procedural Law and Economics Edited by Chris William Sanchirico Labor and Employment Law and Economics Edited by Kenneth G Dau-Schmidt, Seth D Harris and Orly Lobel Regulation and Economics Edited by Roger J Van den Bergh and Alessio M Pacces Criminal Law and Economics Edited by Nuno Garoupa Antitrust Law and Economics Edited by Keith N Hylton Property Law and Economics Edited by Boudewijn Bouckaert Contract Law and Economics Edited by Gerrit De Geest Production of Legal Rules Edited by Francesco Parisi Forthcoming titles: Methodologies of Law and Economics Edited by Thomas S Ulen Intellectual Property Law and Economics Edited by Peter DiCola Corporate Law and Economics Edited by Adam Badawi NEW IN PAPERBACK Limited Liability Comparative Law and Economics A Legal and Economic Analysis Edited by the late Theodore Eisenberg, formerly Cornell University, US and Giovanni B Ramello, Università del Piemonte Orientale and International Programme IEL – Institutions, Economics and Law, Italy Stephen M Bainbridge, University of California, Los Angeles and M Todd Henderson, University of Chicago, US ‘This remarkable volume shows off the eclectic potential of the comparative law and economics brand It is comparative not only in assembling scholars from around the world and in zipping from Taiwanese civil disputes to international high courts to drug regulators for case studies, but most importantly in highlighting an empirical methodology that welcomes a range of complementary approaches that broadens the core economic analysis of law It’s a fascinating tour across boundaries.’ – Stewart J Schwab, Cornell Law School, US 2016 512 pp Hardback 978 85793 257 £150.00 Aug 2017 Paperback 978 78811 403 £49.95 eBook • Elgaronline Research Handbooks in Comparative Law series ‘Bainbridge and Henderson have given us one of the most important books on one of the most important contemporary legal issues, the liability of individual and corporate shareholders for corporate debts There is no issue in corporate law more subject to uncertainty and no issue more likely to be litigated No single book has ever attempted, much less carried off, the complete historical, international, economic and legal theoretical exegesis of limited liability, which these two authors with range, depth, confidence and even a bit of panache This monograph, of crucial interest both to scholars and practitioners, will become an instant classic and an immediate authority.’ – Stephen B Presser, Northwestern University and author of Piercing the Corporate Veil 2016 336 pp Hardback 978 78347 302 £90.00 eBook • Elgaronline Elgar monographs and handbooks are available as eBooks to institutions subscribing to Elgaronline and for individuals on Google Play, ebooks.com and other vendors Law & Economics NEW Economic Methods for Lawyers Law and Development Frank H Stephen, University of Manchester, UK Emanuel V Towfigh, Max Planck Institute for Research on Collective Goods and Niels Petersen, University of Münster, Germany ‘Law and Development is an excellent contribution to our understanding of role of law in market led development The book provides a masterful assessment of theories of development and the role of the legal system In a fascinating and exceptionally well written and systematic analysis, Professor Stephen uses new institutional economics to develop a theory of the role of law in development and to analyze empirically the importance of the financial sector for growth, the importance of the legal system for financial sector development, and the role of culture in determining the effectiveness of the legal system.’ ‘For lawyers, getting familiar with “the economic approach” implies a heavy investment as they need to learn a new language (that of economics) and the various methods used by economists This is where Economic Methods for Lawyers comes in: the most important methods needed to become versatile in law and economics are presented in a fashion perfectly fitted to the needs of lawyers.’ An Institutional Critique – Stefan Voigt, University of Hamburg, Germany – Mary M Shirley, President of the Ronald Coase Institute, US 2015 224 pp Hardback 978 78347 166 £75.00 2017 Paperback 978 78811 124 £24.95 eBook • Elgaronline Jan 2018 c 224 pp Hardback 978 78471 820 c £75.00 eBook • Elgaronline Advances in New Institutional Analysis series NEW Law and Economics from an Evolutionary Perspective Regulatory Reform in China and the EU Glen Atkinson, University of Nevada, Reno and Stephen P Paschall, Lovett Bookman Harmon Marks LLP, US A Law and Economics Perspective ‘The global financial crisis of 2007–2008 was a wake-up call to all who study and practice in the field of law and economics: traditional approaches are simply inadequate for understanding the coevolution of the economic and legal systems, and that inadequacy can result in missed opportunities to warn of impending social harm Atkinson and Paschall demonstrate the value of an alternative approach – law and economics from an evolutionary perspective – that builds on the work of John R Commons, a leading figure in the field nearly a century ago In the process, they offer an eye-opening historical account of the role of the state in the economy and provide a vital starting point for future policy discussions.’ – Charles J Whalen, author of Financial Instability and Economic Security after the Great Recession 2016 200 pp Hardback 978 78536 129 £70.00 eBook • Elgaronline Edited by Stefan E Weishaar, University of Groningen, Niels Philipsen, Erasmus University Rotterdam and Maastricht University, the Netherlands and Wenming Xu, China University of Political Science and Law, China ‘The Republic of China’s economy may have advanced in leaps and bounds but does it have the regulatory framework to meet the needs of the 21st century? Against the background of an important Chinese initiative for regulatory reform, this important set of essays, drawing on law and economics and regulatory theory, reviews developments in the Chinese regulation of finance, the environment and other sectors, comparing them with the EU experience A “must” for scholars and policymakers alike.’ – Anthony Ogus, Professor Emeritus, University of Manchester, UK and Erasmus University Rotterdam, the Netherlands Aug 2017 c 296 pp Hardback 978 78536 853 £95.00 eBook • Elgaronline New Horizons in Institutional and Evolutionary Economics series New Horizons in Law and Economics series e s : Se tle ries om l ti e r.c al is s lga th -e in w.e w w RESEARCH COLLECTIONS Economic Approaches to Law series Series editors: Richard A Posner, Judge, United States Court of Appeals for the Seventh Circuit and Senior Lecturer, University of Chicago Law School, US and Francesco Parisi, Oppenheimer Wolff and Donnelly Professor of Law, University of Minnesota Law School, US and Professor of Economics, University of Bologna, Italy This series, organised by theme, is an essential reference source in the area of law and economics, forming a comprehensive guide to the subject Each volume is edited by a distinguished specialist in the field and provides an authoritative overview of the respective topic, comprising a careful selection of the most seminal and groundbreaking articles, and prefaced by a new, over-arching introduction The series outlines economic approaches to a broad range of legal sub-disciplines, from corporate law and constitutional law through to family law and environmental law, as well as examining issues such as the methodology of law and economics, behavioral law and economics, and law and economic development A digital version of each title is available as a Research Review as part of our eBook collections on Elgaronline NEW Economics of Corporate Law History of Law and Economics Edited by Claire A Hill and Brett H McDonnell, University of Minnesota Law School, US Edited by Henry N Butler, George Mason University, School of Law and Jonathan Klick, University of Pennsylvania Law School, US Dedicated to the late Henry G Manne, this authoritative collection draws together the most important articles from leading authors on the history of law and economics These influential papers chart the rise of law and economics and analyse the contributions of the key pioneers, as well as discussing current battles and future prospects for the movement Together with an original introduction by the editors, this volume will prove to be a valuable research tool for academics and practitioners with an interest in the history of law and economics 36 articles, dating from 1974 to 2016 Contributors include: G.S Becker, G Calabresi, R.H Coase, R.D Cooter, H Demsetz, H.G Manne, F Parisi, G.L Priest, R.A Posner, W K Viscusi Feb 2018 c 880 pp Hardback 978 78643 298 c £265.00 Scholarly analysis of corporate law in the United States has come to be dominated by an economic approach This book draws together seminal articles which represent major milestones along the road that economics has traveled in coming to play this central role in corporate law scholarship The focus is on the analysis of corporate law, drawing mainly upon legal scholarship and particularly on US scholarship, which is the originator of the application of modern economic analysis to corporate law and has had much influence in other countries 31 articles, dating from 1931 to 2006 Contributors include: L.A Bebchuk, A.A Berle, Jr., B.S Black, H Hansmann, R Kraakman, H Manne, M.J Roe, R Romano, O Williamson Two volume set 2016 1,600 pp Hardback 978 78536 148 £485.00 To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I To get email updates: subscribe@e-elgar.co.uk Law & Economics NEW NEW Paying the Carbon Price Bridging the Prosperity Gap in the EU The Subsidisation of Heavy Polluters under Emissions Trading Schemes The Social Challenge Ahead Elena de Lemos Pinto Aydos, The University of Newcastle, Australia ‘This book is an important contribution to understanding the relation between the oftentimes overestimated phenomenon of carbon leakage and the resulting, frequently unjustified, free allocation to heavy polluters The volume excels in applying an interdisciplinary law-and-economics approach in a comprehensive analysis of three major carbon markets It is a timely addition to the literature with obvious relevance beyond the cases; a “must read” for all scholars and practitioners interested in an efficient, effective, and fair climate policy.’ – Sven Rudolph, Kyoto University, Japan Dec 2017 c 224 pp Hardback 978 78643 940 c £75.00 eBook • Elgaronline New Horizons in Environmental and Energy Law series Taking an interdisciplinary approach, the authors invaluably pinpoint both overarching problems and possibilities associated with the social dimension of European integration Prominent researchers of economics, law and political science tackle this complex issue, providing new solutions within their respective fields of expertise Illustrating the importance of cohesion, this book is vital for those interested in comparative European studies, from backgrounds in public and social policy, law and economics Feb 2018 c 272 pp Hardback 978 78643 666 c £90.00 eBook • Elgaronline NEW Trends in Climate Change Legislation Research Handbook on Emissions Trading Edited by Alina Averchenkova, Sam Fankhauser and Michal Nachmany, London School of Economics, UK Edited by Stefan E Weishaar, University of Groningen, the Netherlands ‘For all its conceptual simplicity, emissions trading has proven a remarkably challenging policy instrument to implement in practice With a growing number of jurisdictions around the world embracing carbon markets to achieve their climate targets, an improved understanding of instrument design and operation – including the complex spillover dynamics encountered in existing systems – has never been more critical This book, ably edited by a leading scholar in the field, makes an important and timely contribution to the literature, bringing together experts from a wide variety of backgrounds to dissect the accumulated body of empirical evidence and expand the boundaries of our knowledge on emissions trading.’ – Michael A Mehling, Massachusetts Institute of Technology, US 2016 384 pp Hardback 978 78471 061 £130.00 eBook • Elgaronline Research Handbooks in Climate Law series Research Handbook on the Economics of Insurance Law Edited by Daniel Schwarcz, University of Minnesota Law School and Peter Siegelman, University of Connecticut Law School, US ‘A dazzling collection of essays from leading experts in the field, this volume offers a superb overview of the economics of insurance and the implications for insurance law and regulation, covering a host of topical policy issues from health care reform and solvency regulation to the organization of insurance supervision and the optimal design of insurance contracts For both students of insurance regulation and experienced practitioners, the Handbook provides an invaluable window into recent academic scholarship on insurance economics and its application to the legal challenges facing the insurance industry today and in the years ahead.’ – Howell E Jackson, Harvard Law School, US 2015 552 pp Hardback 978 78254 713 £180.00 2017 Paperback 978 78254 715 £45.00 eBook • Elgaronline Research Handbooks in Law and Economics series FREE Content Download free content and sample chapters on our digital platform, Elgaronline Elgaronline Edited by Ulf Bernitz, Stockholm University, Moa Mårtensson, Thomas Persson, Uppsala University and Lars Oxelheim, University of Agder, Norway, Research Institute of Industrial Economics (IFN) and Lund University School of Economics and Management, Sweden ‘This book is an essential and timely reference tool for parliamentarians and policy makers on practical aspects of climate change legislation Parliamentarians play a critical role in designing, adopting and implementing appropriate legislation to make the Paris Agreement effective Trends in Climate Change Legislation provides important insights into how legislators and policy makers can close the policy gap on climate change – the most defining challenge of our time.’ – Saber Hossain Chowdhury, President of the Inter-Parliamentary Union Dec 2017 c 232 pp Hardback 978 78643 577 c £85.00 eBook • Elgaronline NEW Handbook on Global Constitutionalism Edited by Anthony F Lang, Jr., University of St Andrews, UK and Antje Wiener, University of Hamburg, Germany ‘The Handbook on Global Constitutionalism is a penetrating, rich and thought-provoking volume Drawing leading scholars of international law, international relations and political theory into constructive dialogue, it is an important contribution to debates over the past, present and future of global constitutionalism.’ – Duncan Bell, University of Cambridge, UK Oct 2017 c 480 pp Hardback 978 78347 725 c £170.00 eBook • Elgaronline Research Handbooks on Globalisation and the Law series The Timing of Lawmaking Edited by Frank Fagan, EDHEC Business School, France and Saul Levmore, University of Chicago Law School, US ‘What a terrific topic for a book – and what a rich and tremendous collection of papers! There are fascinating discussions of whether legal deadlines work, whether traditions deserve respect, when consent (to sex) is relevant, when law is durable, and when law takes effect immediately or instead requires people to act to make it effective in the future The timing is right: read it now!’ – Cass R Sunstein, Harvard University, US and author of The World According to Star Wars 2017 368 pp Hardback 978 78536 432 £110.00 eBook • Elgaronline www.elgaronline.com Elgar monographs and handbooks are available as eBooks to institutions subscribing to Elgaronline and for individuals on Google Play, ebooks.com and other vendors The digital content platform for Elgar Publishing Includes monographs, Research Handbooks, Encyclopedia and journals www.elgaronline.com Elgar eBooks: Annual collections Law • Economics • Business & Management • Social & Political Science These non-overlapping and the most complete and cost effective way of acquiring our eBooks Law mini collections Asian Law, Competition & Antitrust, Corporate & Financial Law, Environmental Law, Human Rights, Intellectual Property, International Economic Law, Law & Economics, Public International Law, Law Reference Books Email: sales@e-elgar.co.uk for more information To order, please contact: Marston Book Services Ltd 160 Eastern Avenue, Milton Park Abingdon, Oxon, OX14 4SB, UK Tel: + 44 1235 465500 Fax: + 44 1235 465555 Email: direct.order@marston.co.uk For more information: Edward Elgar Publishing Ltd The Lypiatts, 15 Lansdown Road, Cheltenham, Gloucestershire, GL50 2JA, UK Order online: Get up to 20% discount by ordering online Scan this QR code to go straight to our website, or visit: www.e-elgar.com Prices and publication dates may be subject to change Elgaronline Tel: +44 1242 226934 Email: info@e-elgar.co.uk Web: www.e-elgar.com Blog: www.elgar.blog Connect: @Elgar_Law The digital content platform for libraries from Edward Elgar Publishing Consisting of monographs, research handbooks, encyclopedia, companions and dictionaries as well as research reviews and journals Please email sales@e-elgar.co.uk (UK & RoW) Our eBooks are available for individuals through Google ebookstore and eBooks.com Ask your librarian to request a free trial www.elgaronline.com EE4 Aug 2017 ... constitutional law through to family law and environmental law, as well as examining issues such as the methodology of law and economics, behavioral law and economics, and law and economic development... and Alessio M Pacces Criminal Law and Economics Edited by Nuno Garoupa Antitrust Law and Economics Edited by Keith N Hylton Property Law and Economics Edited by Boudewijn Bouckaert Contract Law. .. Law and Economics of Federalism NEW Research Handbook on Behavioral Law and Economics Edited by Kathryn Zeiler, Boston University, School of Law and Joshua Teitelbaum, Georgetown University Law