IDEAS home Printed from https://ideas.repec.org/a/bpj/rlecon/v1y2005i1n2.html

Legal Durability

Author

Listed:
  • Ben-Shahar Omri

    (Law and Economics, University of Michigan)

Abstract

This paper develops a framework to study the effects of the durability of legal allocation decisions, such as trial outcomes, regulatory enactments and property entitlements. For a party favored by the legal allocation, a more durable decision is also more costly to secure, ex-ante. Thus, it is not the greater durability of the allocation that determines whether the "winner" is better-off, but other factors that are affected by the durability attribute, such as the cost of securing a favorable outcome and the ability of contesting parties to affect this cost. The paper develops conditions under which greater durability is irrelevant, or even undesirable to the winner. The analysis is applied to shed light on durability doctrines relating to trial outcomes (e.g., res judicata and double jeopardy), rules and regulations (e.g., transition relief when rules change), entitlements (e.g., adverse possession and statutes of limitations), and marriages.

Suggested Citation

  • Ben-Shahar Omri, 2005. "Legal Durability," Review of Law & Economics, De Gruyter, vol. 1(1), pages 15-53, April.
    • Handle: RePEc:bpj:rlecon:v:1:y:2005:i:1:n:2
    DOI: 10.2202/1555-5879.1003
    as

    Download full text from publisher

    File URL: https://doi.org/10.2202/1555-5879.1003
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.2202/1555-5879.1003?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to

    for a different version of it.

    References listed on IDEAS

    as
    1. Spurr, Stephen J., 1991. "An economic analysis of collateral estoppel," International Review of Law and Economics, Elsevier, vol. 11(1), pages 47-61, May.
    2. Levmore, Saul, 1993. "The Case for Retroactive Taxation," The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 265-307, June.
    3. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    4. Fischel, Daniel R & Sykes, Alan O, 1999. "Governmental Liability for Breach of Contract," American Law and Economics Review, American Law and Economics Association, vol. 1(1-2), pages 313-385, Fall.
    5. Ben-Shahar, Omri, 1999. "The Erosion of Rights by Past Breach," American Law and Economics Review, American Law and Economics Association, vol. 1(1-2), pages 190-238, Fall.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Saul Levmore & Ariel Porat, 2011. "Bargaining with Double Jeopardy," The Journal of Legal Studies, University of Chicago Press, vol. 40(2), pages 273-293.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Louis Kaplow, 2003. "Transition Policy: A Conceptual Framework," NBER Working Papers 9596, National Bureau of Economic Research, Inc.
    2. Alessandro Marra & Alessandro Sarra, 2010. "Incomplete antitrust laws and private actions for damages," European Journal of Law and Economics, Springer, vol. 30(2), pages 111-135, October.
    3. Catalina Amuedo-Dorantes & Thitima Puttitanun, 2018. "Undocumented youth in limbo: the impact of America’s immigration enforcement policy on juvenile deportations," Journal of Population Economics, Springer;European Society for Population Economics, vol. 31(2), pages 597-626, April.
    4. Milanovic, Branko & Hoff, Karla & Horowitz, Shale, 2008. "Political alternation as a restraint on investing in influence : evidence from the post-communist transition," Policy Research Working Paper Series 4747, The World Bank.
    5. Christopher J. W. Zorn, 1998. "An Analytic and Empirical Examination of Zero-Inflated and Hurdle Poisson Specifications," Sociological Methods & Research, , vol. 26(3), pages 368-400, February.
    6. Sebastiano Bavetta & Fabio Padovano, 2000. "A Model of the Representation of Interests in a Compound Democracy," Constitutional Political Economy, Springer, vol. 11(1), pages 5-25, March.
    7. repec:jpe:journl:70 is not listed on IDEAS
    8. Edward López & R. Jewell, 2007. "Strategic institutional choice: Voters, states, and congressional term limits," Public Choice, Springer, vol. 132(1), pages 137-157, July.
    9. Ludwig van den Hauwe, 2005. "Public Choice, Constitutional Political Economy and Law and Economics," Method and Hist of Econ Thought 0508001, University Library of Munich, Germany, revised 09 Aug 2005.
    10. Sophie Harnay, 2023. "Richard A. Posner: From Public Choice Theory to Economic Analysis of Law (1969-1973)," Working Papers AFED 23-02, Association Francaise d'Economie du Droit (AFED).
    11. William F. Shughart II, 1999. "The Reformer’s Dilemma," Public Finance Review, , vol. 27(5), pages 561-565, September.
    12. Hoon Lee & Joseph L. Staats & Glen Biglaiser, 2012. "The importance of legal systems for portfolio investment in the developing world," International Area Studies Review, Center for International Area Studies, Hankuk University of Foreign Studies, vol. 15(4), pages 339-358, December.
    13. Daniel Sutter, 1997. "Enforcing Constitutional Constraints," Constitutional Political Economy, Springer, vol. 8(2), pages 139-150, June.
    14. Garoupa, Nuno & Spruk, Rok, 2025. "Populist constitutional backsliding and judicial independence: Evidence from Türkiye," International Review of Law and Economics, Elsevier, vol. 84(C).
    15. Salvador Ortigueira & Joana Pereira, 2016. "Lack of Commitment, Retroactive Tax Changes, and Macroeconomic Instability," Working Papers WP2016-05, University of Miami, Department of Economics.
    16. George Tridimas, 2010. "Constitutional judicial review and political insurance," European Journal of Law and Economics, Springer, vol. 29(1), pages 81-101, February.
    17. Paul H. Rubin & Mark A. Cohen, 1992. "Politically Imposed Entry Barriers," Eastern Economic Journal, Eastern Economic Association, vol. 18(3), pages 333-344, Summer.
    18. Massimiliano Vatiero, 2021. "Transaction and transactors’ choices: What we have learned and what we need to explore," DEM Working Papers 2021/04, Department of Economics and Management.
    19. Glen Biglaiser & Hoon Lee & Joseph L Staats, 2017. "The effects of political and legal constraints on expropriation in natural resource and manufacturing sectors," International Area Studies Review, Center for International Area Studies, Hankuk University of Foreign Studies, vol. 20(4), pages 311-333, December.
    20. Mark A. Cohen, 1989. "The Role Of Criminal Sanctions In Antitrust Enforcement," Contemporary Economic Policy, Western Economic Association International, vol. 7(4), pages 36-46, October.
    21. Benno Torgler, 2022. "The power of public choice in law and economics," Journal of Economic Surveys, Wiley Blackwell, vol. 36(5), pages 1410-1453, December.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:rlecon:v:1:y:2005:i:1:n:2. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyterbrill.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.