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Crime and Prejudice
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The Psychology of Property Law
Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of pr...
The Fall and Rise of Freedom of Contract
DIVOriginal essays by prominent legal scholars on the recent intellectual revival of freedom of contract and the value of free bargaining; the essays will be gleaned from a series of conferences organized around areas where bargaining rights might be expande/div
Judicial Hierarchies and the Rule-Individual Tradeoff
We analyze decision-making in a simple model of the judicial hierarchy. We assume that trial court judges are more concerned with ex post efficiency with respect to the individuals involved in the cases at hand, and less concerned with ex ante efficiency with respect to the precedents established for society, than are appeals court judges. This implies that the preferred decisions of appeals court judges differ systematically from those of trial court judges. Appeals court judges can enforce their preferred decisions by reversing those of the trial court judges. However, in the model, litigants do not always appeal decisions that would be reversed, both because appeals are costly and because the outcome is uncertain. Consequently, appeals court judges may prefer to enact higher level rules that reduce the discretion of all judges.
