Law and economics 2018

2018

New Titles

LAW &
ECONOMICS
www.e-elgar.com

www.elgaronline.com

www.elgar.blog


Law & Economics

Elgar Textbooks

Inspection copies available
Inspection copies are available for all of our textbook titles for adoption on courses
of 10 or more students. To order, please contact our Cheltenham address or email
with full course details to T&Cs apply.
Elgar textbooks are available as eBooks through Google Play, eBooks.com, VitalSource,
Kortext and Kobo.

Comparative Competition Law
and Economics
Roger J. Van den Bergh, Erasmus University
Rotterdam, the Netherlands
‘Comparative Competition Law and Economics
is a tour de force. It offers a fully integrated analysis
of US and EU competition law and economics. . .

It deserves a spot on your bookshelf.’

NE

W

– Daniel Rubinfeld, New York University, School of
Law and University of California, Berkeley, US
‘Wherever you are in the world, you will find in this
book everything you wanted to know about antitrust.’

– Giuliano Amato, Judge of the Italian Constitutional Court,
Former Prime Minister
‘This is an excellent and truly interdisciplinary textbook on competition law
and economics, in which students learn both the most important economic
insights and the legal rules in a clear and comprehensible way.

Key Features:
• uses economic insights to help students understand the context in which

the rules of competition law are applied
• systematically compares EU competition law and US antitrust law,

with discussion of leading cases, in order to understand how the

underlying principles work in practice
• clear presentation, including boxes highlighting key case studies, ensures

information on the competition laws of various BRIC countries is easily

accessible
• the comparative approach and use of international case studies make this

an ideal textbook for students in any jurisdiction.
Contents: 1. Introduction 2. Economic approaches to competition law
3. The goals of competition law 4. Market power, market definition and entry barriers
5. Horizontal Restrictions 6. Vertical Restrictions 7. Unilateral conduct of dominant
firms 8. Enforcement 9. Merger Control Index
Sept 2017 c 576 pp Paperback 978 1 78643 832 4 £40.00
Hardback 978 1 78643 830 0 £125.00
eTextbook

– Wolfgang Kerber, Marburg University, Germany

The Law and Economics
of Federalism

NEW

Research Handbook on Behavioral Law
and Economics
Edited by Kathryn Zeiler, Boston University, School of Law
and Joshua Teitelbaum, Georgetown University Law Center, US

Edited by Jonathan Klick, University of
Pennsylvania Law School, US

The field of behavioral economics has contributed greatly to our understanding
of human decision making by refining neoclassical assumptions and developing
models that account for psychological, cognitive and emotional forces. The

field’s insights have important implications for law. This Research Handbook
offers a variety of perspectives from renowned experts on a wide-ranging set of
topics including punishment, finance, tort law, happiness, and the application
of experimental literatures to law. It also includes analyses of conceptual
foundations, cautions, limitations and proposals for ways forward.

This unique volume takes a primarily empirical
perspective on the law and economics of federalism.
Using cross jurisdiction variation, the specially
commissioned chapters examine the effects of
various state experiments in areas such as crime,
welfare, consumer protection, and a host of other
areas. Although legal scholars have talked about
states as laboratories for decades, rarely has the law
and economics literature treated the topic of federalism
empirically in such a systematic and useful way.

March 2018 c 576 pp Hardback 978 1 84980 567 4 c £195.00
eBook • Elgaronline

2017 288 pp Hardback 978 1 84980 362 5 £90.00
eBook • Elgaronline

NEW

Economic Analysis
of International Law

Research Handbooks in Law and Economics series

Research Handbook on
Austrian Law and Economics
Edited by Todd J. Zywicki and Peter J. Boettke, George Mason
University, US

Edited by Eugene Kontorovich, Northwestern
University, Pritzker Law School and
Francesco Parisi, University of Minnesota Law
School, US, and University of Bologna, Italy

The original contributions to this Research Handbook provide an introduction
to the application of Austrian economics to law. The book begins with chapters
on the methodology of law and economics. Further chapters discuss key
concepts in Austrian economics – dynamic competitive processes, spontaneous
order, subjective value, entrepreneurship, and the limited nature of individual
knowledge – as they relate to topics in evolutionary law (social rules, selfgovernance, dispute resolution) and basic law (torts, antitrust, civil procedure,
business and family law).

‘International law grows more and more important
as a way for countries to cooperate to solve pressing
global problems. The innovative essays in this
volume, by some of the leading experts in the field,
illuminate the dynamics and uses of international
law, showing the way forward for government
officials, scholars, and students.’

Nov 2017 c 480 pp Hardback 978 1 84980 113 3 c £140.00
eBook • Elgaronline

2016 304 pp Hardback 978 0 85793 015 6 £85.00

eBook • Elgaronline

Research Handbooks in Law and Economics series

To order, telephone: +44 1235 465500

I

– Joel P. Trachtman, Tufts University, US

Save up to 20% at www.e-elgar.com

I

To get email updates:


Law & Economics

NEW

Encyclopedia of Law and Economics,
Second Edition
Series editor: Gerrit De Geest, Washington University in St. Louis, US
This landmark series comprises twelve self-contained volumes (three are
forthcoming) that present a state-of-the-art overview of the literature in the
area of law and economics.
‘The Encyclopedia of Law and Economics endeavours to provide the kind of
encylopedic coverage – comprehensive and sophisticated but lucid, international
without being esoteric, uniform without being monochrome, collective but

individual – that the field of law and economics requires. It will help to make the
field accessible to outsiders and to promote mutual intelligibility among insiders.
It provides a meeting place for and an overview of scholarship, and will thus
help to unify and advance the field. It is a milestone in an advancing field.’
– From the foreword to the first edition by Richard A. Posner
Nine volume set 2012 4,784 pp Hardback 978 1 78195 205 4 £966.00

Available
for libraries on
Elgaronline

Integrated electronic edition:
As well as traditional print volumes, the Encyclopedia is available as a
state-of-the-art online resource. The electronic edition features a speciallydesigned interface, powerful search, and direct linking to references.
With unrestricted campus-wide access, it is the ideal choice for libraries.
•
•
•
•
•
•

Sophisticated search and cross-linking
Navigation tools to aid use as an integrated resource
Direct linking to external references
Free-flowing XML text optimised for on-screen use
Hosted on our award-winning platform, Elgaronline
Technology designed to aid library integration

Elgaronline

Email: for more information

Methodologies of Law
and Economics
Edited by Thomas S. Ulen, University of
Illinois, Urbana-Champaign and Texas A&M
University, US
‘Thomas S. Ulen has brought together
a compendium of outstanding essays in
Methodologies of Law and Economics that
will appeal to both students of and established
scholars in law and economics as well as those
who are interested in exploring the development
of an intriguing academic discipline that has
grown and evolved over the last 40 years. While outsiders to the field might
perceive law and economics to be a monolithic discipline, Ulen has succeeded
in illustrating its broad array of approaches – theoretical, empirical, historical
– all of which can be influenced by insights beyond economics from psychology,
sociology, philosophy, political science and more. I was delighted to read and
learn from this illuminating collection of essays that could only be synthesized
by someone with Ulen’s vast depth
of knowledge of the field and capacious intellectual scope.’
– John Donohue, Stanford Law School, US
Series no. 10 Oct 2017 c 320 pp Hardback 978 1 84720 367 0 c £120.00

Tort Law and Economics
Edited by Michael Faure

Procedural Law and Economics

Edited by Chris William Sanchirico

Labor and Employment Law
and Economics
Edited by Kenneth G. Dau-Schmidt,
Seth D. Harris and Orly Lobel

Regulation and Economics
Edited by Roger J. Van den Bergh
and Alessio M. Pacces

Criminal Law and Economics
Edited by Nuno Garoupa
Antitrust Law and Economics
Edited by Keith N. Hylton
Property Law and Economics
Edited by Boudewijn Bouckaert
Contract Law and Economics
Edited by Gerrit De Geest
Production of Legal Rules
Edited by Francesco Parisi

Forthcoming titles:
Methodologies of Law
and Economics
Edited by Thomas S. Ulen
Intellectual Property Law
and Economics
Edited by Peter DiCola
Corporate Law and Economics

Edited by Adam Badawi

NEW IN PAPERBACK

Limited Liability

Comparative Law and Economics

A Legal and Economic Analysis

Edited by the late Theodore Eisenberg,
formerly Cornell University, US and
Giovanni B. Ramello, Università del Piemonte
Orientale and International Programme IEL –
Institutions, Economics and Law, Italy

Stephen M. Bainbridge, University
of California, Los Angeles and
M. Todd Henderson, University of Chicago, US

‘This remarkable volume shows off the eclectic
potential of the comparative law and economics
brand. It is comparative not only in assembling
scholars from around the world and in zipping
from Taiwanese civil disputes to international high
courts to drug regulators for case studies, but most
importantly in highlighting an empirical methodology
that welcomes a range of complementary approaches that broadens the core
economic analysis of law. It’s a fascinating tour across boundaries.’
– Stewart J. Schwab, Cornell Law School, US

2016 512 pp Hardback 978 0 85793 257 0 £150.00
Aug 2017 Paperback 978 1 78811 403 5 £49.95
eBook • Elgaronline
Research Handbooks in Comparative Law series

‘Bainbridge and Henderson have given us one of the
most important books on one of the most important
contemporary legal issues, the liability of individual
and corporate shareholders for corporate debts.
There is no issue in corporate law more subject to
uncertainty and no issue more likely to be litigated.
No single book has ever attempted, much less carried
off, the complete historical, international, economic and legal theoretical
exegesis of limited liability, which these two authors do with range, depth,
confidence and even a bit of panache. This monograph, of crucial interest both
to scholars and practitioners, will become an instant classic and an immediate
authority.’
– Stephen B. Presser, Northwestern University
and author of Piercing the Corporate Veil
2016 336 pp Hardback 978 1 78347 302 1 £90.00
eBook • Elgaronline

Elgar monographs and handbooks are available as eBooks to institutions subscribing to Elgaronline and for individuals on Google Play, ebooks.com and other vendors.


Law & Economics
NEW

Economic Methods for Lawyers

Law and Development
Frank H. Stephen, University of Manchester, UK

Emanuel V. Towfigh, Max Planck Institute
for Research on Collective Goods and
Niels Petersen, University of Münster,
Germany

‘Law and Development is an excellent contribution to our understanding of role
of law in market led development. The book provides a masterful assessment of
theories of development and the role of the legal system. In a fascinating and
exceptionally well written and systematic analysis, Professor Stephen uses new
institutional economics to develop a theory of the role of law in development
and to analyze empirically the importance of the financial sector for growth, the
importance of the legal system for financial sector development, and the role of
culture in determining the effectiveness of the legal system.’

‘For lawyers, getting familiar with “the economic
approach” implies a heavy investment as they need
to learn a new language (that of economics) and the
various methods used by economists. This is where
Economic Methods for Lawyers comes in: the most
important methods needed to become versatile
in law and economics are presented in a fashion
perfectly fitted to the needs of lawyers.’

An Institutional Critique

– Stefan Voigt, University of Hamburg, Germany

– Mary M. Shirley, President of the Ronald Coase Institute, US

2015 224 pp Hardback 978 1 78347 166 9 £75.00
2017 Paperback 978 1 78811 124 9 £24.95
eBook • Elgaronline

Jan 2018 c 224 pp Hardback 978 1 78471 820 6 c £75.00
eBook • Elgaronline
Advances in New Institutional Analysis series

NEW

Law and Economics from
an Evolutionary Perspective

Regulatory Reform in China
and the EU

Glen Atkinson, University of Nevada, Reno
and Stephen P. Paschall, Lovett Bookman
Harmon Marks LLP, US

A Law and Economics Perspective

‘The global financial crisis of 2007–2008 was a
wake-up call to all who study and practice in the
field of law and economics: traditional approaches
are simply inadequate for understanding the coevolution of the economic and legal systems, and
that inadequacy can result in missed opportunities
to warn of impending social harm. Atkinson and

Paschall demonstrate the value of an alternative approach – law and economics
from an evolutionary perspective – that builds on the work of John R. Commons,
a leading figure in the field nearly a century ago. In the process, they offer
an eye-opening historical account of the role of the state in the economy and
provide a vital starting point for future policy discussions.’
– Charles J. Whalen, author of Financial Instability and Economic Security
after the Great Recession
2016 200 pp Hardback 978 1 78536 129 6 £70.00
eBook • Elgaronline

Edited by Stefan E. Weishaar, University of
Groningen, Niels Philipsen, Erasmus University
Rotterdam and Maastricht University,
the Netherlands and Wenming Xu, China
University of Political Science and Law, China
‘The Republic of China’s economy may have
advanced in leaps and bounds but does it have the regulatory framework to
meet the needs of the 21st century? Against the background of an important
Chinese initiative for regulatory reform, this important set of essays, drawing on
law and economics and regulatory theory, reviews developments in the Chinese
regulation of finance, the environment and other sectors, comparing them with
the EU experience. A “must” for scholars and policymakers alike.’
– Anthony Ogus, Professor Emeritus, University of Manchester, UK
and Erasmus University Rotterdam, the Netherlands
Aug 2017 c 296 pp Hardback 978 1 78536 853 0 £95.00
eBook • Elgaronline

New Horizons in Institutional and Evolutionary Economics series

New Horizons in Law and Economics series

e s :
Se tle ries om
l ti e r.c
al is s lga
th -e
in w.e
w
w

RESEARCH COLLECTIONS

Economic Approaches to Law series

Series editors: Richard A. Posner, Judge, United States Court of Appeals for the Seventh Circuit and Senior Lecturer, University of
Chicago Law School, US and Francesco Parisi, Oppenheimer Wolff and Donnelly Professor of Law, University of Minnesota Law School, US
and Professor of Economics, University of Bologna, Italy

This series, organised by theme, is an essential reference source in the area of law and economics, forming a comprehensive guide to the subject. Each volume is edited
by a distinguished specialist in the field and provides an authoritative overview of the respective topic, comprising a careful selection of the most seminal and groundbreaking articles, and prefaced by a new, over-arching introduction. The series outlines economic approaches to a broad range of legal sub-disciplines, from corporate
law and constitutional law through to family law and environmental law, as well as examining issues such as the methodology of law and economics, behavioral law and
economics, and law and economic development.
A digital version of each title is available as a Research Review as part of our eBook collections on Elgaronline.
NEW

Economics of Corporate Law

History of Law and Economics

Edited by Claire A. Hill and

Brett H. McDonnell, University of Minnesota
Law School, US

Edited by Henry N. Butler, George Mason University, School of Law
and Jonathan Klick, University of Pennsylvania Law School, US
Dedicated to the late Henry G. Manne, this authoritative collection draws
together the most important articles from leading authors on the history
of law and economics. These influential papers chart the rise of law and
economics and analyse the contributions of the key pioneers, as well as
discussing current battles and future prospects for the movement.
Together with an original introduction by the editors, this volume will prove
to be a valuable research tool for academics and practitioners with an
interest in the history of law and economics.
36 articles, dating from 1974 to 2016
Contributors include: G.S. Becker, G. Calabresi, R.H. Coase, R.D. Cooter, H. Demsetz,
H.G. Manne, F. Parisi, G.L. Priest, R.A. Posner, W. K. Viscusi
Feb 2018 c 880 pp Hardback 978 1 78643 298 8 c £265.00

Scholarly analysis of corporate law in the United
States has come to be dominated by an economic
approach. This book draws together seminal
articles which represent major milestones along the
road that economics has traveled in coming to play
this central role in corporate law scholarship. The
focus is on the analysis of corporate law, drawing
mainly upon legal scholarship and particularly on
US scholarship, which is the originator of the application of modern economic
analysis to corporate law and has had much influence in other countries.
31 articles, dating from 1931 to 2006
Contributors include: L.A. Bebchuk, A.A. Berle, Jr., B.S. Black, H. Hansmann,

R. Kraakman, H. Manne, M.J. Roe, R. Romano, O. Williamson
Two volume set 2016 1,600 pp Hardback 978 1 78536 148 7 £485.00

To order, telephone: +44 1235 465500

I

Save up to 20% at www.e-elgar.com

I

To get email updates:


Law & Economics
NEW

NEW

Paying the Carbon Price

Bridging the Prosperity Gap in the EU

The Subsidisation of Heavy Polluters
under Emissions Trading Schemes

The Social Challenge Ahead

Elena de Lemos Pinto Aydos, The University
of Newcastle, Australia

‘This book is an important contribution to
understanding the relation between the oftentimes
overestimated phenomenon of carbon leakage and
the resulting, frequently unjustified, free allocation
to heavy polluters. The volume excels in applying an
interdisciplinary law-and-economics approach in a comprehensive analysis of
three major carbon markets. It is a timely addition to the literature with obvious
relevance beyond the cases; a “must read” for all scholars and practitioners
interested in an efficient, effective, and fair climate policy.’
– Sven Rudolph, Kyoto University, Japan
Dec 2017 c 224 pp Hardback 978 1 78643 940 6 c £75.00
eBook • Elgaronline
New Horizons in Environmental and Energy Law series

Taking an interdisciplinary approach, the authors invaluably pinpoint both
overarching problems and possibilities associated with the social dimension
of European integration. Prominent researchers of economics, law and
political science tackle this complex issue, providing new solutions within their
respective fields of expertise. Illustrating the importance of cohesion, this book
is vital for those interested in comparative European studies, from backgrounds
in public and social policy, law and economics.
Feb 2018 c 272 pp Hardback 978 1 78643 666 5 c £90.00
eBook • Elgaronline

NEW

Trends in Climate Change Legislation

Research Handbook
on Emissions Trading

Edited by Alina Averchenkova, Sam Fankhauser
and Michal Nachmany, London School of Economics, UK

Edited by Stefan E. Weishaar, University of
Groningen, the Netherlands
‘For all its conceptual simplicity, emissions trading has
proven a remarkably challenging policy instrument
to implement in practice. With a growing number
of jurisdictions around the world embracing carbon
markets to achieve their climate targets, an improved
understanding of instrument design and operation –
including the complex spillover dynamics encountered
in existing systems – has never been more critical. This
book, ably edited by a leading scholar in the field, makes an important and timely
contribution to the literature, bringing together experts from a wide variety of
backgrounds to dissect the accumulated body of empirical evidence and expand
the boundaries of our knowledge on emissions trading.’
– Michael A. Mehling, Massachusetts Institute of Technology, US
2016 384 pp Hardback 978 1 78471 061 3 £130.00
eBook • Elgaronline
Research Handbooks in Climate Law series

Research Handbook on the
Economics of Insurance Law
Edited by Daniel Schwarcz, University of
Minnesota Law School and Peter Siegelman,
University of Connecticut Law School, US
‘A dazzling collection of essays from leading experts
in the field, this volume offers a superb overview

of the economics of insurance and the implications
for insurance law and regulation, covering a host
of topical policy issues from health care reform
and solvency regulation to the organization of
insurance supervision and the optimal design of
insurance contracts. For both students of insurance regulation and experienced
practitioners, the Handbook provides an invaluable window into recent
academic scholarship on insurance economics and its application to the legal
challenges facing the insurance industry today and in the years ahead.’
– Howell E. Jackson, Harvard Law School, US
2015 552 pp Hardback 978 1 78254 713 6 £180.00
2017 Paperback 978 1 78254 715 0 £45.00
eBook • Elgaronline
Research Handbooks in Law and Economics series

FREE Content
Download free content and sample chapters
on our digital platform, Elgaronline

Elgaronline

Edited by Ulf Bernitz, Stockholm University, Moa Mårtensson,
Thomas Persson, Uppsala University and Lars Oxelheim, University of
Agder, Norway, Research Institute of Industrial Economics (IFN) and
Lund University School of Economics and Management, Sweden

‘This book is an essential and timely reference tool for parliamentarians
and policy makers on practical aspects of climate change legislation.
Parliamentarians play a critical role in designing, adopting and implementing
appropriate legislation to make the Paris Agreement effective. Trends in

Climate Change Legislation provides important insights into how legislators and
policy makers can close the policy gap on climate change – the most defining
challenge of our time.’
– Saber Hossain Chowdhury, President of the Inter-Parliamentary Union
Dec 2017 c 232 pp Hardback 978 1 78643 577 4 c £85.00
eBook • Elgaronline

NEW

Handbook on Global
Constitutionalism
Edited by Anthony F. Lang, Jr., University
of St Andrews, UK and Antje Wiener,
University of Hamburg, Germany
‘The Handbook on Global Constitutionalism is a
penetrating, rich and thought-provoking volume.
Drawing leading scholars of international law,
international relations and political theory into
constructive dialogue, it is an important contribution
to debates over the past, present and future of global
constitutionalism.’
– Duncan Bell, University of Cambridge, UK
Oct 2017 c 480 pp Hardback 978 1 78347 725 8 c £170.00
eBook • Elgaronline
Research Handbooks on Globalisation and the Law series

The Timing of Lawmaking
Edited by Frank Fagan, EDHEC Business School,
France and Saul Levmore, University
of Chicago Law School, US

‘What a terrific topic for a book – and what a rich
and tremendous collection of papers! There are
fascinating discussions of whether legal deadlines
work, whether traditions deserve respect, when
consent (to sex) is relevant, when law is durable,
and when law takes effect immediately or instead
requires people to act to make it effective in the
future. The timing is right: read it now!’
– Cass R. Sunstein, Harvard University, US
and author of The World According to Star Wars
2017 368 pp Hardback 978 1 78536 432 7 £110.00
eBook • Elgaronline

www.elgaronline.com

Elgar monographs and handbooks are available as eBooks to institutions subscribing to Elgaronline and for individuals on Google Play, ebooks.com and other vendors.


The digital content platform for Elgar Publishing.
Includes monographs, Research Handbooks,
Encyclopedia and journals.

www.elgaronline.com

Elgar eBooks: Annual collections
Law • Economics • Business & Management • Social & Political Science
These non-overlapping and the most complete and cost effective way of acquiring our eBooks.

Law mini collections
Asian Law, Competition & Antitrust, Corporate & Financial Law, Environmental Law, Human Rights, Intellectual

Property, International Economic Law, Law & Economics, Public International Law, Law Reference Books.

Email: for more information
To order, please contact:
Marston Book Services Ltd
160 Eastern Avenue, Milton Park
Abingdon, Oxon, OX14 4SB, UK
Tel: + 44 1235 465500
Fax: + 44 1235 465555
Email:

For more information:
Edward Elgar Publishing Ltd
The Lypiatts, 15 Lansdown Road,
Cheltenham, Gloucestershire, GL50 2JA, UK

Order online:
Get up to 20% discount by ordering online.
Scan this QR code to go straight to our website,
or visit: www.e-elgar.com
Prices and publication dates may be subject to change

Elgaronline

Tel: +44 1242 226934
Email:
Web: www.e-elgar.com
Blog: www.elgar.blog
Connect: @Elgar_Law

The digital content platform for libraries
from Edward Elgar Publishing

Consisting of monographs, research handbooks, encyclopedia, companions and dictionaries
as well as research reviews and journals. Please email (UK & RoW).
Our eBooks are available for individuals through Google ebookstore and eBooks.com.
Ask your librarian to request a free trial.

www.elgaronline.com

EE4
Aug 2017