Robert D Cooter
Biographic Data
| ID | 105659 |
|---|---|
| NAME | Robert D Cooter |
| GIVEN NAMES | Robert D |
| FAMILY NAME | Cooter |
| SIGNATURE | COOTER R D |
| AFFILIATIONS | University of California, Berkeley |
| VERIFIED | No |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 22 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1983 |
| LATEST PUBLICATION YEAR | 2010 |
| H-INDEX | 2 |
Academic Scribblers and Defunct Economists
Three broad theoretical approaches characterize the history of development economics: state-led growth, which dominated from the 1930s until roughly 1980; liberalization theory (the ‘Washington Consensus’), which dominated in the 1980s; and institutionalism, which dominated subsequently. After 2000, development scholars increasingly focused on the legal institutions that support markets: property, contracts, and business law. This essay focuses o…
Legal Institutions and Economic Development
This insightful collection of classic papers explores the effects of various legal institutions and policies on economic development. The editors include analysis of the historical, current, and future conditions of numerous legal traditions and strategies, both nationally and globally. The volume will enhance understanding of how legal policies influence economic growth. It will also contribute to the selection and advancement of those legal pol…
American Indian Law Codes: Pragmatic Law and Tribal Identity
The United States has recognized the power of American Indian tribes to make laws at least since 1934. Most tribes, however, did not write down many of their laws until the 1960s. Written laws have subsequently accumulated in well-organized codes, but scholars have not previously researched them. Using written materials and interviews with tribal officials, we describe the scope, motivation, and interpretation of tribal codes. With respect to sco…
Truth-Revealing Mechanisms for Courts
In trials witnesses often slant their testimony in order to advance their own interests. To obtain truthful testimony, the law relies on cross-examination under threat of prosecution for perjury. We show that perjury law is an imperfect truthrevealing mechanism. Moreover, we develop a truth-revealing mechanism for the same set of restrictions under which perjury rules operate. Under this mechanism the witness is sanctioned if a court eventually f…
Strategic Constitution
The Strategic Constitution
Journal Article The Strategic Constitution Get access Cooter Robert D., The Strategic Constitution. Princeton, N.J.: Princeton University Press, 2000. 412 pp. $45.00. Keith E. Whittington Keith E. Whittington Princeton University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 44, Issue 1, January 2000, Pages 104–106, https://doi.org/10.2307/846276 Published: 01 January 2000
Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part II of II)
Journal Article Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part II of II) Get access Robert D. Cooter, Robert D. Cooter 1Robert D. Cooter is Professor of Law, University of California at Berkeley Search for other works by this author on: Oxford Academic Google Scholar Wolfgang Fikentscher Wolfgang Fikentscher 2Wolfgang Fikentscher is Professor of Law, University of Munich Search for other works by this author on: Oxfo…
Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part I of II)
Many American Indian Reservations have had modern tribal courts for at least 60 years. Have the distinctive social norms of Indians worked their way into judgemade law, or are tribal courts much like state courts? Is there Indian common law? To answer these questions, we interviewed tribal judges on reservations throughout the West. We found distinctively Indian social norms, both substantial and procedural, pervading tribal courts. Many of these…
Law and Unified Social Theory
An economist who talks about unified theory to lawyers and social scientists gets welcomed rather like the British expedition to Afghanistan in 1840. The Afghanistanis preferred to fight rather than join the British empire, and many social scientists are similarly disposed towards the economics empire. Like the nineteenth-century British, however, economics imperialism has succeeded remarkably. Economic models of rational behaviour have affected …
Economic Theories of Legal Liability
This essay synthesizes and re-conceptualizes some central results of the economic analysis of liability law and sketches the legal details that drive them. Three different legal mechanisms for creating efficient incentives are examined in turn. The first mechanism uses the legal rule of strict liability to internalize costs. The second mechanism uses a negligence standard to create and enforce efficient standards of behavior. The third mechanism …
Inventing Market Property: The Land Courts of Papua New Guinea
This article reports field research on Papua New Guinea's land courts, which decide property disputes in customary law. Customary law did not contemplate exchange of real property outside the kin group. Changing conditions have created an irresistible pressure for markets in land, which require extending law to encompass exchange with outsiders. The freehold solution is to give absolute, unitary ownership over land to individuals and end the kin …
Trial Courts: An Economic Perspective
This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law
Justice and economic decision making: A model of akrasia
Justice at the confluence of law and economics
The objectives of private and public judges
Inventing Market Property: The Land Courts of Papua New Guinea
This article reports field research on Papua New Guinea's land courts, which decide property disputes in customary law. Customary law did not contemplate exchange of real property outside the kin group. Changing conditions have created an irresistible pressure for markets in land, which require extending law to encompass exchange with outsiders. The freehold solution is to give absolute, unitary ownership over land to individuals and end the kin …
Trial Courts: An Economic Perspective
This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law
American Indian Law Codes: Pragmatic Law and Tribal Identity
The United States has recognized the power of American Indian tribes to make laws at least since 1934. Most tribes, however, did not write down many of their laws until the 1960s. Written laws have subsequently accumulated in well-organized codes, but scholars have not previously researched them. Using written materials and interviews with tribal officials, we describe the scope, motivation, and interpretation of tribal codes. With respect to sco…
Law and Unified Social Theory
An economist who talks about unified theory to lawyers and social scientists gets welcomed rather like the British expedition to Afghanistan in 1840. The Afghanistanis preferred to fight rather than join the British empire, and many social scientists are similarly disposed towards the economics empire. Like the nineteenth-century British, however, economics imperialism has succeeded remarkably. Economic models of rational behaviour have affected …
Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part II of II)
Journal Article Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part II of II) Get access Robert D. Cooter, Robert D. Cooter 1Robert D. Cooter is Professor of Law, University of California at Berkeley Search for other works by this author on: Oxford Academic Google Scholar Wolfgang Fikentscher Wolfgang Fikentscher 2Wolfgang Fikentscher is Professor of Law, University of Munich Search for other works by this author on: Oxfo…
Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part I of II)
Many American Indian Reservations have had modern tribal courts for at least 60 years. Have the distinctive social norms of Indians worked their way into judgemade law, or are tribal courts much like state courts? Is there Indian common law? To answer these questions, we interviewed tribal judges on reservations throughout the West. We found distinctively Indian social norms, both substantial and procedural, pervading tribal courts. Many of these…
Justice at the confluence of law and economics
The objectives of private and public judges
Justice at the confluence of law and economics
Trial Courts: An Economic Perspective
This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law
Justice and economic decision making: A model of akrasia
Economic Theories of Legal Liability
This essay synthesizes and re-conceptualizes some central results of the economic analysis of liability law and sketches the legal details that drive them. Three different legal mechanisms for creating efficient incentives are examined in turn. The first mechanism uses the legal rule of strict liability to internalize costs. The second mechanism uses a negligence standard to create and enforce efficient standards of behavior. The third mechanism …
Inventing Market Property: The Land Courts of Papua New Guinea
This article reports field research on Papua New Guinea's land courts, which decide property disputes in customary law. Customary law did not contemplate exchange of real property outside the kin group. Changing conditions have created an irresistible pressure for markets in land, which require extending law to encompass exchange with outsiders. The freehold solution is to give absolute, unitary ownership over land to individuals and end the kin …
Law and Unified Social Theory
An economist who talks about unified theory to lawyers and social scientists gets welcomed rather like the British expedition to Afghanistan in 1840. The Afghanistanis preferred to fight rather than join the British empire, and many social scientists are similarly disposed towards the economics empire. Like the nineteenth-century British, however, economics imperialism has succeeded remarkably. Economic models of rational behaviour have affected …
Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part II of II)
Journal Article Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part II of II) Get access Robert D. Cooter, Robert D. Cooter 1Robert D. Cooter is Professor of Law, University of California at Berkeley Search for other works by this author on: Oxford Academic Google Scholar Wolfgang Fikentscher Wolfgang Fikentscher 2Wolfgang Fikentscher is Professor of Law, University of Munich Search for other works by this author on: Oxfo…
Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part I of II)
Many American Indian Reservations have had modern tribal courts for at least 60 years. Have the distinctive social norms of Indians worked their way into judgemade law, or are tribal courts much like state courts? Is there Indian common law? To answer these questions, we interviewed tribal judges on reservations throughout the West. We found distinctively Indian social norms, both substantial and procedural, pervading tribal courts. Many of these…
The Strategic Constitution
Journal Article The Strategic Constitution Get access Cooter Robert D., The Strategic Constitution. Princeton, N.J.: Princeton University Press, 2000. 412 pp. $45.00. Keith E. Whittington Keith E. Whittington Princeton University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 44, Issue 1, January 2000, Pages 104–106, https://doi.org/10.2307/846276 Published: 01 January 2000
Strategic Constitution
Truth-Revealing Mechanisms for Courts
In trials witnesses often slant their testimony in order to advance their own interests. To obtain truthful testimony, the law relies on cross-examination under threat of prosecution for perjury. We show that perjury law is an imperfect truthrevealing mechanism. Moreover, we develop a truth-revealing mechanism for the same set of restrictions under which perjury rules operate. Under this mechanism the witness is sanctioned if a court eventually f…
American Indian Law Codes: Pragmatic Law and Tribal Identity
The United States has recognized the power of American Indian tribes to make laws at least since 1934. Most tribes, however, did not write down many of their laws until the 1960s. Written laws have subsequently accumulated in well-organized codes, but scholars have not previously researched them. Using written materials and interviews with tribal officials, we describe the scope, motivation, and interpretation of tribal codes. With respect to sco…
Legal Institutions and Economic Development
This insightful collection of classic papers explores the effects of various legal institutions and policies on economic development. The editors include analysis of the historical, current, and future conditions of numerous legal traditions and strategies, both nationally and globally. The volume will enhance understanding of how legal policies influence economic growth. It will also contribute to the selection and advancement of those legal pol…
Academic Scribblers and Defunct Economists
Three broad theoretical approaches characterize the history of development economics: state-led growth, which dominated from the 1930s until roughly 1980; liberalization theory (the ‘Washington Consensus’), which dominated in the 1980s; and institutionalism, which dominated subsequently. After 2000, development scholars increasingly focused on the legal institutions that support markets: property, contracts, and business law. This essay focuses o…
Political science (12 works) · Law (10 works) · Law and economics (8 works) · Economics (7 works) · Law, Economics, and Judicial Systems (6 works) · Legal and Constitutional Studies (6 works) · Law (5 works) · Sociology (5 works) · American Constitutional Law and Politics (4 works) · Business (3 works)