Rethinking the Economic Torts

We propose a revised conceptual basis for the economic torts which is true to their historical role of regulating the competitive process. Claims that the economic torts are part of a wider principle of prima facie liability for intentional harm or that they are based on a theory of secondary or accessorial liability should, we argue, be rejected. Instead, we focus on a narrower and, we claim, more defensible conception of these torts in terms of the economic interests which they protect, the kinds of interferences which trigger liability, and the nature of the justifications which should be accepted as defences.     

Further evidence of in vitro production of gamma-hydroxybutyrate (GHB) in urine samples

This study was designed to supplement previous studies that documented in vitro production of gamma-hydroxybutyrate (GHB) in urine samples. Urine samples were provided by subjects who reported that they had never used GHB (n=31). The specimens were stored under standard conditions of refrigeration (5 degrees C) without any preservatives added. All specimens were repeatedly analyzed for the presence of endogenous GHB over a 6-month period using a previously reported headspace GC-MS method. Significant elevations in GHB were observed in many of the urine samples as storage time increased. As a result, the in vitro production of GHB may increase the apparent GHB concentrations in urine during storage. This potential for an artificial increase in GHB concentration must be appreciated when establishing the threshold between endogenous and exogenous concentrations of GHB.     

Labor Regulation,Corporate Governance,and Legal Origin: A Case of Institutional Complementarity?

We explore the influential claim that "legal origin"—the historical origin of a given national legal system in the common law or civil law—accounts for a significant degree of cross-national diversity in economic regulation and development. We show that the claim is undermined by problems in index construction and by a misreading of the implications of the common law/civil law divide for the respective roles of courts and legislatures in law making. We argue that a critical factor, instead, was the timing of industrialization in relation to the emergence of legal institutions associated with the modern business enterprise (the employment relationship and the joint stock company). We also show how distinctive "legal cultures" of the common law and civil law have played a part in setting national systems on separate pathways to economic development.