Through the Lens of Innovation

63 Pages Posted: 30 May 2015 Last revised: 2 Feb 2017

See all articles by Mirit Eyal-Cohen

Mirit Eyal-Cohen

University of Alabama - School of Law

Date Written: May 27, 2015


The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of entrepreneurship. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Entrepreneurship turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviation as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Through specific legal classifications, it points to significant distortionary effects. It theorizes that a legal culture that wishes to entice entrepreneurship is one that requires legal agents to think like entrepreneurs. Thereafter, it offers a bridge between law and entrepreneurship by providing policymakers with tools to recognize its distinctive modus operandi.

Keywords: Innovation, Entrepreneurship, Business Choice, Tax, tax policy, corporate tax, Bankruptcy, organization, entity, classification

Suggested Citation

Eyal-Cohen, Mirit, Through the Lens of Innovation (May 27, 2015). Florida State University Law Review, Vol. 43, No. 3, 2016, U of Alabama Legal Studies Research Paper No. 2611188, Available at SSRN:

Mirit Eyal-Cohen (Contact Author)

University of Alabama - School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

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