Law's Limits Rule of Law and the Supply and Demand of Rights

Name: Law's Limits Rule of Law and the Supply and Demand of Rights
Price: 5.87 USD
Availability: InStock
ISBN: 9780521000864

ISBN-10: 0521000866

ISBN-13: 9780521000864

Edition: 2001

Authors: Neil K. Komesar

List price: $39.99

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Description:

This text looks at the interaction of certain factors, in the context of US property rights law and the debates about private property and the rule of law, to paint an unconventional picture of law and rights shifting and cycling as systemic factors.

Book details

List price: $39.99
Copyright year: 2001
Publisher: Cambridge University Press
Publication date: 12/10/2001
Binding: Paperback
Pages: 220
Size: 6.00" wide x 9.00" long x 0.50" tall
Weight: 0.682
Language: English



Preface



The Basic Framework



Supply and Demand



The Spectrum of Rights



Boomer--The Common Law and Institutional Choice



The Market versus the Courts



The Political Process versus the Courts



Generating the Spectrum



Some General Lessons



Communities, Markets, Participation, and Methodology



Conclusion



The Supply Side--The Little Engine of Law and Rights



The Adjudicative Process



Numbers, Complexity, and the Dynamics of Litigation



Numbers, Complexity, and Class Actions



Conclusion



Land Use and Rights



Zoning and Its Discontents--Political Malfunction and the Demand for Rights



Conflicting Visions of Under- and Overregulation



The Two-Force Model of Politics: Fear of the Few and Fear of the Many



Judicial Responses



Conclusion



Just Compensation--The Problems of Judicial Pricing



The Limits of Lucas



The Proposals



The Demand Side: Just Compensation and Political Malfunction



The Supply Side: The Courts and Just Compensation



The Strange World of Nollan and Dolan



Conclusion



High Stakes Players and Hidden Markets



Focusing on Majoritarian Bias and Ending the Villain Hunt



Dealing with Majoritarian Bias



Conclusion



Law's Laws



Theories of Property--From Coase to Communitarianism



The Evolution and Function of Property: The Economic Theory of Property Rights



The Search for Communities



Communities and Norms Meet Numbers and Complexity



Conclusion



Numbers, Complexity, and the Rule of Law



Shifts and Cycles: The Decreasing Likelihood of Stable and Certain Law



Confronting the Supply Side: Images and Realities of Courts



Confronting the Demand Side: Communitarians versus the Rule of Law



Conclusion



Changes



Changing Legal Analysis



Changing Legal Education and Discourse



Changing Economics



Law Around the World



Law's Future



Breaking the Cycle


References


Index