Class hours: M
8:10-10:40
Office hours:
W 5-7, TuTh 2-4
Office: Ward 252
Phone: (202) 885-2955
email: dgolash@american.edu
- Please include "JLS 513" in your subject line to assure a prompt
response.
Course website:
http://www.american.edu/dgolash/law&econ.htm
The economic analysis of law is an approach to the understanding of legal issues through the lens of individual interest-seeking. In this course, you will learn how to apply economic principles and analysis to the law. We will also consider the weaknesses and limitations of this approach.
Materials
| Date | Topic | Required Reading | Recommended Reading | Group | Homework Due |
| January 13 | Introduction | .. | .. | . | . |
| January 20 | MLK Holiday | . | . | . | . |
| January 27 | Equity and Efficiency | Law's Order, Chs.
1&2
Efficiency slides |
Garrett Hardin, Lifeboat Ethics: the Case Against Helping the Poor. Psychology Today, September 1974. | I | 1. Visit course website
and send email
2. Problems, Ch. 2 |
| February 3 | Externalities | Law's Order, Chs. 3&4
Externalities slides |
Boomer
v. Atlantic Cement Co.
U.S. v. Causby |
II | Problems, Ch. 3, and Ch. 4, Set I |
| February 10 | Enforcing rights; Coase Theorem | Law's Order, Ch. 5
Property Rules vs. Liability Rules slides |
Fontainebleau
Hotel v. Forty-Five Twenty-Five Inc.
Prah v. Maretti |
III | Problems, Ch. 5, sets I and II |
| February 17 | **snow day** | . | Richard Posner, "The Regulation of the Market in Adoptions," Boston Univ. L. Rev., Jan. 1987. | IV | . |
| February 24 | Allocating risk; product liability; insurance | Law's Order, Ch. 6 | Friedman, Impossibility, Subjective Probability, and Punishment for Attempts | I | Problems for Ch. 6, II |
| March 3 | Decisionmaking under uncertainty | Law's Order, Ch. 7 | Law's Order, Ch. 8
Prisoner's Dilemma |
II | Problems for Ch. 7 |
| Thursday,
March 7 |
Optional Review Session
8-9 pm |
.. | .. | .. | .. |
| March 8-16 | SPRING BREAK | ||||
| March 17 | Midterm (through ch. 7) | . | . | . | . |
| March 24 | Property | Law's Order, Ch. 10 | Pennsylvania
Coal Co. v. Mahon
Calabresi & Melamed, "One View of the Cathedral," HLR 1089 (1972) |
III | Problems for Ch. 10 |
| March 31 | Intellectual Property | Law's Order, Ch. 11 | Eben Moglen, Anarchism
Triumphant: Free Software and the Death of Copyright
Gallery of CSS Descramblers |
IV | Problems for Ch. 11 |
| April 7 | Contract | Law's Order, Ch. 12 | Richards v. Flower 193 Cal.
App. 2nd 233 (1961)
Allegeny College v. National Chautauqua County Bank 246 N.Y. 369 (1927) Hamer v. Sidway 124 N.Y. 538 (1891) |
I | Problems, Ch. 12, set IV |
| April 14 | Tort | Law's Order, Ch. 14 | Summers v. Tice 33 Cal. 2d
80 (Supreme Court of California, 1948)
Palsgraf v. Long Island R.R., 162 N.E. 99 (New York Court of Appeals, 1928) |
II | TBA |
| April 21 | Crime | Law's Order, Ch. 15 | Stairs, Richard Brandt: A Utilitarian Theory of Punishment | III | Problems, Ch. 15, set III |
| April 28 | Crime vs. Tort | Law's Order, Ch. 18 | Murphy, Why Have the Criminal Law At All? | IV | Problems, Ch. 18, set I |
| April 30 | Optional Review Session | . | . | . | . |
| May 5 | Final exam | . | . | . | . |