Whats so special about cyberspace reflections on elkin. How imitation sparks innovation, oxford, oxford university press, 2012, 272 p isbn 9780195399783. Fondements, montrealbruxelles, editions themisbruylant, 2000 9 bernstein, anita, whatever happened to law and economics. Contributors mireia artigot i golobardes, professor of law, universitat pompeu fabra george m. The paper focuses on adequacy and clarity of motivated public authorities names in translation of constitutional acts. Ejan mackaay born 1943, canadian legal scholar disambiguation page providing links to topics that could be referred to by the same search term this disambiguation page lists articles associated with the title ejan. This unique volume presents the core ideas of law and economics for audiences primarily familiar with civil law systems. Brexit populist reaction to the 2008 speculative bubble. Lexis, news library, dpa file quoting trotter hardy, a legal scholar, as stating that plublicly accessible photo copiers and video recorders in private homes have made copying far cheaper and more widespread than once was the case. Sui generis rights on folklore viewed from a property rights. Whether youve loved the book or not, if you give your honest and detailed thoughts then people will find new books that are right for them. Law and economics for civil law systems 1st edition. The economic analysis of law, or law and economics, may be defined as the application of economic theory.
Unjust enrichment and quasicontracts christopher t wonnell index 401 424 454 471. Mackaay, ejan, law and economics for civil law systems introduction february 8, 20. Alea 2017 tort law and economics hand formula and degrees. Another key part of contract law and enforcement, however, relates to the actual verification of the existence and extent of a breach of contract through factfinding.
Class actions aim to bring economies of scale to bear on legal proceedings, by joining. Fondements, montrealeditions themis et bruxellesbruylant, 2000, 319 p. Ejan mackaay 1 163 01 is the knockoff economy a knockout for intellectual property. Ejan mackaay ip stpetersburg 1 intellectual property does it stimulate. As is the case with restatements in general, civil law countries are by no means in accord with one another with respect to the scope of the doctrine of abuse of rights. Ejan mackaay offers a comprehensive look at the essential points of. Also, are there career guides for law and economics graduates. Other readers will always be interested in your opinion of the books youve read.
Ejan mackaay offers a comprehensive look at the essential points of economic reasoning, the coase theorem, and legal institutions such as intellectual property. However, there seems to have been only one such criminal suit u 1991. Black research professor of law, university of virginia school of. Mackaay, law and economics for civil law systems, edward elgar, 20. Predicting the future of the anticircumvention laws in the cloudcomputing. The questions of how to stimulate development through innovation and how law contributes to this process have a long history, but have been intensively and empirically studied in the last quarter century. Updating of pending case file with court proceedings, dispositions. D 1980, cum laude from the university of amsterdam as well as an ll. The pdf file you selected should load here if your web browser has a pdf reader plugin installed for example, a recent version of adobe acrobat reader if you would like more information about how to print, save, and work with pdfs, highwire press provides a helpful frequently asked questions about pdfs alternatively, you can download the pdf file directly to your computer, from where it. The volkswagen scandal from the viewpoint of corporate. Klein 0540 property rights approach bibliography only 0550 game theory applied to law bibliography only. Good faith in civil law systems a legaleconomic analysis.
Law and economics for civil law systems econpapers. I know there are excellent programs in the us but cost and distance would be major issues. Poly 867, 890896 1990 describing the nonrival and nonexclusive properties of information. Pdf ejan mackaay stephane rousseau analise economica. Coping with change proceedings of the 3rd international.
Cohen, brokaw professor of corporate law and barron f. Since rights should not be created in any which way if one is to avoid privileges and rentseeking, it is important to be clear about design constraints stemming from such rights being. Divergence and convergence at the intersection of property and contract. These concerns have been extended to prevent culturally significant objects. Indigenous peoples, political economists and the tragedy of.
Pdf an economic analysis of the civil law of mandate. Pdf law and economics from where, to where researchgate. Export a ris file for endnote, procite, reference manager, zotero, mendeley export a text file for bibtex note. Ejan mackaay born 1943, amsterdam is emeritus professor of law and author. Jan 31, 20 ejan mackaay offers a comprehensive look at the essential points of economic reasoning, the coase theorem, and legal institutions such as intellectual property, extracontractual civil liability and contracts. Reflections on kal raustiala and christopher sprigman, the knockoff economy. Indigenous peoples, political economists and the tragedy. Samuels 0530 new institutional economics by peter g. Since rights should not be created in any which way if one is to avoid privileges and rentseeking, it is important to be clear about design constraints stemming from such rights being species of property rights, adapted to deal with the. Predicting the future of the anti circumvention laws in the. Good faith in this sense may be said to underlie all of contract law.
Experiencing mis 2nd edition free pdf file sharing. The books structure mirrors the way law is taught in civil law countries. Pdf formation generale sur lanalyse economique du droit. Law and economics for civil law systems semantic scholar. Law and economics for civil law systems 1st edition by ejan mackaay and publisher edward elgar publishing inc save up to 80% by choosing the etextbook option for isbn. This interdisciplinary work employs ethics, liberal philosophy and legal and media studies to outline boundaries to freedom of expression and freedom of the press, defined broadly to include the right to demonstrate and to picket, the right to compete in elections, and the right to communicate views via the written and electronic media. In order to assess the adequacy level of identification of the authorities name references in the source legal system, a survey has been conducted. Ejan mackaay on cultural property and its protection 2 to england during the 19th century. Research on an expert system regarding unemployment insurance law has pointed to the difficulties of explicitly representing temporal relations. Legal reforms based on misperceptions and generalizations are harmful. Ejan mackaay is the knockoff economy a knockout for. Paterson,professor, faculty of law, university of british columbia robert pitkethly,senior research fellow, st. Both parties will seek the optimal setup from their own point of view. Sui generis rights on folklore viewed from a property rights perspective.
Like some other crises and scandals that periodically occur in the business community, the volkswagen vw scandal once again highlights the devastating consequences of corporate misconduct, once publicly disclosed, and the media storm that generally follows the discovery of such significant misbehaviour by a major corporation. Law and economics for civil law systems by mackaay, ejan. Lheritage du realisme juridique est formellement refuse par ejan mackaay voir analyse economique du droit, n 2156. Referential transparency of motivated public authorities. The pdf file you selected should load here if your web browser has a pdf reader plugin installed for example, a recent version of adobe acrobat reader if you would like more information about how to print, save, and work with pdfs, highwire press provides a helpful frequently asked questions about pdfs. Pdf on dec 1, 1994, ejan mackaay and others published legal hybrids. Ejan mackaay the books structure mirrors the way law is taught in civil law countries, with structured presentations, references to civil code articles paired with nontechnical explanations, and limited reliance on graphs. The cover picture reproduces breugel the elders netherlandish proverbs. The online content platform for edward elgar publishing.
Well before his time one finds writings in which human behaviour is analysed as the result of rational choice, or which. Further approximation or harmonization of the duration of authors rights on the regional andor on the international level. Is the knockoff economy a knockout for intellectual property. Ejan mackaay abstract this paper looks at sui generis rights claimed for the protection of folklore. Central canada montreal, toronto, ottawa, kingston would be ideal. Using the url or doi link below will ensure access to this page indefinitely. Ejan mackaay stephane rousseau analise economica dodireito. Ejan mackaay ejan mackaay offers a comprehensive look at the essential points of economic reasoning, the coase theorem, and legal institutions such as intellectual property, extracontractual civil liability and. Sui generis rights on folklore viewed from a property. Find, read and cite all the research you need on researchgate. Study days vienna 10 and 11 september 2010 draft program.
Studies jurisprudence, history of ideas, and legal theory. Ejan mackaay economics of the civil law of contract 6 sum are the transactions costs for that party. See ejan mackaay, economic incentives in markets for information and innovation, harv. Ejan mackaay, is the knockoff economy a knockout for intellectual property. American legaleconomic theory and the quest for objectivity durham, nc. Alternatively, you can download the file locally and open with any standalone pdf reader. Faure, whose work inspired this application of law and economics in a country of civil law tradition, such as brazil. Ejan mackaay civil law of contract 2 nbw nederlands burgerlijk wetboek netherlands civil code. Reviews international journal of law and information. Since rights should not be created in any which way if one is to avoid privileges and rentseeking, it is important to be clear about design constraints stemming from such rights being species of property rights, adapted to deal with the particular content of information structures that need special. The new palgrave dictionary of economics and the law peter. Ejan mackaay born 1943 in amsterdam is emeritus professor of law and author. Divergence and convergence at the intersection of property.
As evidence accumulates about the harmful effects brexit is likely to cause to the british economy, one may wonder what made a majority of brits vote to leave the eu. Fines or even imprisonment may thereby be imposed on the defendant. This paper looks at sui generis rights claimed for the protection of folklore. On the enforcement of specific performance in civil law countries. Peters college, and lecturer in management studies. If you do not see its contents the file may be temporarily unavailable at the journal website or you do not have a pdf plugin installed and enabled in your browser. Ejan mackaay abstract innovation is crucial to economic growth the essential path for lifting much of the world population out of dire poverty and for maintaining the living standard of those who already have. Reports are provided by extracting information from file to district court clerk, superior court judges, prosecuting attorney, office of public defense and office of probation and parole cdc 6400 14000g available to users fortran higher level 2 tapes 1 backup scratch files. Sh in recent times, and in that case the plaintiff did not prevail. Good faith in civil law systems a legaleconomic analysis by. The economics of intellectual property rights in civil law systems ejan mackaay professor of law at the. The present discussion focuses on the role of the state in determining the terms of the agreement and providing remedies for nonperformance. Law and economics for civil law systems introduction by.
Pdf on jun 5, 2016, ejan mackaay and others published an economic analysis of the civil law of mandate find, read and cite all the research you need on researchgate. They often reflect wisdom that law and economics captures in a more formal way. Center for interuniversity research and analysis on organization cirano. In this article, we study rules that solve the conflict between the original owner and an innocent buyer of a stolen or embezzled good. Ejan mackaay offers a comprehensive look at the essential points of economic reasoning, the coase theorem, and legal institutions such as intellectual property, extracontractual civil liability and contracts. Ejan mackaay civil law of contract nbw nederlands burgerlijk wetboek netherlands civil code.
126 388 1180 992 1353 618 80 1195 1065 1416 547 1205 1409 629 124 451 998 144 418 733 1054 1228 153 908 654 827 1454 1348 409 289 367 815 93 1342 1551 344 1438 875 1466 383 156 82 119 596 430