Cover: Enterprise and American Law, 1836–1937, from Harvard University PressCover: Enterprise and American Law, 1836–1937 in E-DITION

Enterprise and American Law, 1836–1937

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$65.00 • £54.95 • €60.00

ISBN 9780674335585

Publication Date: 08/01/1991

443 pages

1 map


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  • Preface
  • Introduction: Classicism, Democracy, and the Rule of Law
  • Part I: The Classical Corporation and State Policy
    • 1. Classical Political Economy and the Business Corporation
    • 2. Vested Corporate Rights
    • 3. Politics and Public Goods
    • 4. The Corporate Personality
    • 5. Limited Liability
    • 6. Corporate Power and Its Abuse
  • Part II: The Economic Constitution
    • 7. A Moral Theory of Political Economy
    • 8. The Classical Theory of Federalism
    • 9. An Economic Interpretation of the Constitution
  • Part III: The Rise of Regulated Industry
    • 10. Market Failure and Constitutional Classicism: The Slaughter-House Cases
    • 11. Regulation and Incorporation
    • 12. The Railroads and the Development of Regulatory Policy
    • 13. Federalism and Rate Discrimination
  • Part IV: The Political Economy of Substantive Due Process
    • 14. Historical Explanation and Substantive Due Process
    • 15. The American School of Political Economy
    • 16. The Wages Fund
    • 17. Market Failure and the Constitution
  • Part V: The Labor Combination In American Law
    • 18. Classical Theory and the Labor Cartel
    • 19. Coercion and Its Meaning: Antitrust and the Labor Injunction
  • Part VI: The Antitrust Movement and the Theory of the Firm
    • 20. American Merger Policy and the Failure of Corporate Law
    • 21. The Classical Theory of Competition
    • 22. The Rise of Industrial Organization
    • 23. The Fixed-Cost Controversy
    • 24. Potential Competition
    • 25. Vertical Integration and Resale Price Maintenance
  • Epilogue: Classical Enterprise in Decline
  • Notes
  • Index

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