The Rule of First Possession and the Design of the Law
Economists have shown that first possession might cause rent dissipation from racing or overexploitation. In this study, I develop models that show how dissipation can be avoided and use the derived implications to explain the observed pattern of first possession rules in a variety of legal fields. The analysis hinges on the recognition that possession may extend to either the entire stock of a resource of simply a onetime flow from that stock. Not only do the paths of rent dissipation depend on this distinction, but so do the predicted responses of the law. When first possession has the potential for a race, the law tends to mitigate dissipation by assigning possession when differences between claimants are greatest. Alternatively, when first possession leads to overexploitation through a rule of capture, the law tends to limit access and restrict the transfer of access rights in order to limit open access dissipation. Copyright 1995 by the University of Chicago.
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- Netter, Jeffry M. & Hersch, Philip L. & Manson, Willam D., 1986. "An economic analysis of adverse possession statutes," International Review of Law and Economics, Elsevier, vol. 6(2), pages 217-228, December.
- Umbeck, John, 1977. "A Theory of Contract Choice and the California Gold Rush," Journal of Law and Economics, University of Chicago Press, vol. 20(2), pages 421-437, October.
- Rubin, Paul H & Bailey, Martin J, 1994. "The Role of Lawyers in Changing the Law," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 807-831, June.
- Mortensen, Dale T, 1982. "Property Rights and Efficiency in Mating, Racing, and Related Games," American Economic Review, American Economic Association, vol. 72(5), pages 968-979, December.
- Stigler, George J, 1992. "Law or Economics?," Journal of Law and Economics, University of Chicago Press, vol. 35(2), pages 455-468, October.
- Rose, Carol M, 1990. "Energy and Efficiency in the Realignment of Common-Law Water Rights," The Journal of Legal Studies, University of Chicago Press, vol. 19(2), pages 261-296, June.
- Kitch, Edmund W, 1977. "The Nature and Function of the Patent System," Journal of Law and Economics, University of Chicago Press, vol. 20(2), pages 265-290, October.
- Anderson, Terry L & Hill, Peter J, 1975. "The Evolution of Property Rights: A Study of the American West," Journal of Law and Economics, University of Chicago Press, vol. 18(1), pages 163-179, April.
- Allen, Douglas W, 1991. "Homesteading and Property Rights; or, "How the West Was Really Won."," Journal of Law and Economics, University of Chicago Press, vol. 34(1), pages 1-23, April.
- Wright, Brian Davern, 1983. "The Economics of Invention Incentives: Patents, Prizes, and Research Contracts," American Economic Review, American Economic Association, vol. 73(4), pages 691-707, September.
- H. Scott Gordon, 1954. "The Economic Theory of a Common-Property Resource: The Fishery," Journal of Political Economy, University of Chicago Press, vol. 62, pages 124-124.
- McFetridge, Donald G & Smith, Douglas A, 1980. "Patents, Prospects, and Economic Surplus: A Comment," Journal of Law and Economics, University of Chicago Press, vol. 23(1), pages 197-203, April.
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