The implementation of constitutional rights: insights from law and economics

Article Abstract:

The discipline of Law and Economics can expand in the future if it focuses on the processes and actualities of judicial decisions' implementation. The discipline is peculiarly well adapted to such inquiries which are rarely attempted in other fields. The implementation of constitutional rights of less powerful social groups is a socially important and fruitful source of study. The results of research of the aftermath of important cases such as Brown v. Board of Education and Roe v. Wade are evidence of the power of this line of inquiry.

Interpretation and construction, Constitutional interpretation

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Making government pay: markets, politics, and the allocation of constitutional costs

Article Abstract:

The author discusses remedies for constitutional harms for which governments are responsible from an economic perspective. He discusses the differences between the effectiveness of incentives for private and public sector actors, and concludes that alternatives to traditional economic remedies would be beneficial.

Economic aspects, Remedies, Remedies (Law), Public sector

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From politics to efficiency in choice of law

Article Abstract:

The authors employs a law-and-economics approach to choice of law jurisprudence and proposes a system for choice of law that emphasizes individual over governmental interests.

States, Models, Conflict of laws

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