内容提要: 标准的契约理论或委托-代理理论假定契约是完全的, 然而现实中的契约是不完全的.
契约的不完全会导致事前的最优契约失效, 当事人在面临被“敲竹杠” 的风险时会做出无效率的 …

This chapter surveys major issues arising in the economic analysis of contract law. It begins
with an introductory discussion of scope and methodology, and then addresses four main …

In the past few decades, economic analysis of law has been challenged by a growing body
of experimental and empirical studies that attest to prevalent and systematic deviations from …

Law and Economics (2-downloads) Page 1 SIXTH EDITION Law& Economics ROBERT
COOTER University of California, Berkeley THOMAS ULEN University of Illinois, Urbana-Champaign …

Frank Easterbrook and Daniel Fischel argue that the rules and practices of corporate law
mimic the contractual provisions that investors, managers, and others involved in a …

Most criminal prosecutions are settled without a trial.'The parties to these settlements trade
various risks and entitlements: the defendant relinquishes the right to go to trial (along with …

In the last few years, a new area has emerged in economic theory, which goes under the
heading of “incomplete contracting” However, almost since its inception, the theory has been …

135 USC?? 100-376 (2000). 2See, eg, id.? 103 (b)(2000)(special nonobviousness provision
for biotechnology).'Diamond v. Chakrabarty, 447 US 303, 309 (1980)(citing S. Rep. No. 82 …

This book is the first to apply the tools of game theory and information economics to advance
our understanding of how laws work. Organized around the major solution concepts of game …

Cyberspace is shorthand for the web of consumer electronics, computers, and
communication networks that interconnects the world. 1 Coursing through this web is …