The Market for Conservation Law

46 Pages Posted: 17 May 2010 Last revised: 28 Feb 2015

See all articles by Larry E. Ribstein

Larry E. Ribstein

University of Illinois College of Law (deceased); PERC - Property and Environment Research Center

Date Written: May 17, 2010

Abstract

This paper considers the extent to which there is, or should be, a market for environmental law. Conservation easements raise interesting issues for the law market because they resemble private arrangements through which property owners arrange their own property rights, and therefore arguably should be able to choose the law that applies to these rights. An important contribution of this paper is its treatment of a particular type of market for easement law – that is, a market for law unbundled from other attributes of the enacting jurisdiction. More generally, this paper adds to the literature on environmental law by showing how background legal institutions, including choice-of-law rules, can affect the law’s movement toward efficient enforcement of contracts and property rights.

JEL Classification: H23, H77, K11, K32, Q56

Suggested Citation

Ribstein, Larry Edward, The Market for Conservation Law (May 17, 2010). U Illinois Law & Economics Research Paper No. LE10-009; Illinois Public Law Research Paper No. 09-25. Available at SSRN: https://ssrn.com/abstract=1609793 or http://dx.doi.org/10.2139/ssrn.1609793

Larry Edward Ribstein (Contact Author)

University of Illinois College of Law (deceased)

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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