front cover of Deals
Deals
The Economic Structure of Business Transactions
Michael Klausner and Guhan Subramanian
Harvard University Press, 2024

Drawing on real-life cases from a wide range of industries, two acclaimed experts offer a sophisticated but accessible guide to business deals, designed to maximize value for your side.

Business transactions take widely varying forms—from multibillion-dollar corporate mergers to patent licenses to the signing of an all-star quarterback. Yet every deal shares the same goal, or at least should: to maximize the joint value created and to distribute that value among the parties. Building on decades of experience teaching and advising on business deals, Michael Klausner and Guhan Subramanian show how to accomplish this goal through rigorous attention to designing incentives, conveying information, and specifying parties’ rights and obligations.

Deals captures the range of real-life transactional complexities with case studies covering Microsoft’s acquisition of LinkedIn, Scarlett Johansson’s contract dispute with Disney over the release of Black Widow, litigation surrounding LVMH’s pandemic-disrupted acquisition of Tiffany, the feud between George Norcross and Lewis Katz over ownership of the Philadelphia Inquirer, NBC/Viacom’s negotiation with Paramount over the final three seasons of Frasier, and many more. In clear, concise terms, Klausner and Subramanian establish the basic framework of negotiation and the economic concepts that must be addressed in order to maximize value. They show how to tackle challenges, such as information asymmetry between buyer and seller, moral hazard, and opportunistic behavior. And the authors lay out responses to common risks associated with long-term contracts, emphasizing that a deal’s exit rights should be carefully considered at the start of transaction design.

Unique in its practical application of economic theory to actual dealmaking, this book will be an indispensable resource for students and for professionals across the business and legal world.

[more]

front cover of The Economic Structure of Corporate Law
The Economic Structure of Corporate Law
Frank Easterbrook and Daniel R. Fischel
Harvard University Press, 1991
The authors argue that the rules and practices of corporate law mimic contractual provisions that parties would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides the rules and an enforcement mechanism that govern relations among those who commit their capital to such ventures. The authors work out the reasons for supposing that this is the exclusive function of corporate law and the implications of this perspective.
[more]

front cover of The Economic Structure of Intellectual Property Law
The Economic Structure of Intellectual Property Law
William M. Landes and Richard A. Posner
Harvard University Press, 2003

This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law).

Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels.

This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.

[more]

front cover of The Economic Structure of International Law
The Economic Structure of International Law
Joel P. Trachtman
Harvard University Press, 2008

The Economic Structure of International Law presents a rationalist analysis of the structure of international law. It employs social scientific techniques to develop an understanding of the role of law in international society. In doing so, it delves into the question of compliance and reveals the real-world circumstances under which states might adhere to or violate international law.

Joel P. Trachtman explores such topics as treaty-making and jurisdiction; the rise, stability, and efficiency of custom; the establishment of international organizations; and the structure and role of international legal dispute settlement. At the core of the book lies the question of the allocation of legal power to states. The Economic Structure of International Law presents policymakers and scholars with an over-arching analytical model of international law, one that demonstrates the potential of international law, but also explains how policymakers should choose among different international legal structures.

[more]

logo for Harvard University Press
Economic Structure of the Yüan Dynasty
Translation of Chapters 93 and 94 of the Yüan shih
Herbert Franz Schurmann
Harvard University Press
The author has provided the first step in the field of the economic history of the Yüan, which is one of the most complex in all of Chinese history. Herbert Franz Schurmann has made a thorough analysis, section by section, of the economic part of the Dynastic History. He has used the parts of the Chinese source entitled “land tenure,” “agriculture and sericulture,” “land and head taxes,” “household taxes,” etc. This work will be of great value to historians and economists.
[more]

logo for Harvard University Press
The Economic Structure of Tort Law
William M. Landes and Richard A. Posner
Harvard University Press, 1987

Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims.

The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law.

Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.

[more]

front cover of Michigan’s Fiscal and Economic Structure
Michigan’s Fiscal and Economic Structure
Harvey E. Brazer, Editor; Deborah S. Laren, Assistant Editor
University of Michigan Press, 1982
The first goal of Michigan’s Fiscal and Economic Structure is to present an objective picture of the state’s revenue system, its public expenditures, and its economy. Even if one views the fiscal system as a whole as being in relatively good shape, however, there are bound to be important ways in which the system can be improved, ways in which important flaws can be removed. The authors’ second objective,, therefore, is to attempt to point up the system’s deficiencies and to explore alternative means of eliminating or ameliorating them.
[more]

logo for Harvard University Press
Trade and Economic Structure
Models and Methods
Richard E. Caves
Harvard University Press
This comprehensive discussion of international trade theories focuses on logically distinct models of international trade rather than on chronology or “schools of thought.” The author gives primary attention to the differences in the empirical implications derivable from the “Heckscher-Ohlin model” and from the simple classical comparative models of international trade. He also emphasizes the recurrence of controversy over matters of aggregation, due to the lack of a common criterion, and the rich variety of model types that result from dynamic theorizing, discrediting the search for an ultimate dynamic international trade model. This book is intended especially for teachers and graduate students who require a broad understanding of basic theories in the field.
[more]


Send via email Share on Facebook Share on Twitter