It is common to hear claims that tort law is undermining the ability of America to grow economically. Tort liability imposes costs on businesses, who complain about its detrimental effects on investment and innovation. While many of these reports are anecdotal, or even false, there is growing evidence on the economic effect of tort law. Tort reform proposals are pressed, and often passed, on th...

hisba is a regulatory regime in islamic law which could be a base for islamic economic regulation but has been neglected for centuries. the protection of integrity of the market and competition is a prominent economic and legal objective in modern economies. however, the focus in the islamic law has been on the bipolar relations among the individuals in the form of law of contract or law of tor...

The potential complementarities between antitrust and consumer protection law— collectively, “consumer law”—are well known. The rise of the newly established Consumer Financial Protection Bureau (CFPB) portends a deep rift in the intellectual infrastructure of consumer law that threatens the consumer-welfare oriented development of both bodies of law. This Feature describes the emerging paradox...

[The history of Australian company law has attracted remarkably little attention in academic literature, perhaps because it has mainly been seen as a copy of English law with few, if any, noteworthy features. This article points out several interesting and significant aspects of the evolution of Australian company law and considers this evolution in the context of the economic development of co...

This paper is part of a collaborative research project entitled The Role of Law and Legal Institutions in Asian Economic Development (1960-95) which was sponsored by the Asian Development Bank. The study included six Asian economies: People's Republic of China (PRC), India, Japan, Republic of Korea, Malaysia and Taiwan,China. Oxford University Press is publishing the comparative report. This es...

economic analysis of law though seemingly clear, is a vague phrase. there are a lot of misunderstandings about its true nature. in many cases it seems that there are confusions between economic analysis as a method on one hand and economic analysis as a discipline on the other hand. economic analysis of law analyzes legal matters by methods and techniques originally used by economists to analyz...

This paper will analyze the emerging law and economics justification for alimony. It will argue that while the economic justification for alimony contains some important insights, feminists and other family law scholars should ultimately be wary of attempting to justify postdivorce incomesharing by relying primarily on economic efficiency grounds. Part I of the paper will briefly sketch the his...

trade secrets has an important role in economic growth and development of economic competition. however ,one of the challenges in this sphere is the emergence of economice spionag. increasing growth of economic espionage causes to emerge a new phenomenon which is called information terrorism. so the mechanism of protection of the trade secretsincivil and criminal law is necessary for economic g...

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The practice of Common Law and Roman Law differ, even though both systems in theory permit what they don't prohibit. The Common Practice derived from Common Law in fact truly does tend to permit what it doesn't prohibit, while the Roman Practice derived from Roman Law tends to prohibit what it doesn't permit. Tracing the historical sources for the evolutionary divergence between current Roman P...