New organizations do not emerge full blown from the idiosyncratic minds of individual entrepreneurs. Their ideas for new organizations, their ability to acquire capital and other essential resources, and their likelihood of survival as entrepreneurs derive from the contexts in which they live and work. The Entrepreneurship Dynamic explores the conditions that prompt the founding of large numbers of new organizations or entirely new industries, and the effects on existing industries, economies, and societies. ---------- Claudia Bird Schoonhoven is Professor of Organization and Strategy in the Graduate School of Management at the University of California, Irvine. She is co-author of The Innovation Marathon: Lessons from High Technology Firms. Elaine Romanelli is Associate Professor of Management at the Georgetown University School of Business. ---------- Scholars and popular writers have written a great deal about entrepreneurs and the formation of new companies, but they have not succeeded in predicting when and where large numbers of new organizations will emerge. This volume attempts, from the viewpoint of the interdisciplinary field of organization studies, to answer two major questions about entrepreneurship: First, what are the conditions that prompt the founding of large numbers of new organizations or entirely new industries? Second, what are the real and significant effects of such entrepreneurial activities on existing industries, economies, and societies? The authors emphasize that new organizations do not emerge full blown from the idiosyncratic minds of individual entrepreneurs. Their ideas for new organizations, their ability to acquire capital and other essential resources, and their likelihood of survival as entrepreneurs derive from the contexts in which they live and work. At the same time, new organizations fundamentally and immediately transform their contexts. The first part of the book explores the mental models that founders of new companies bring with them from previous experiences, the ways in which their ideas come not only from the companies in which they work but from the surrounding organizational communities, and the importance of local and regional dynamics in nurturing innovative communities. Other papers in this section shift perspective from geographic communities to other contextsââ¬âthe university, the knowledge industry, and the technology cycle. The second part of the book explores the role of entrepreneurial activity in the transformation of contexts and the evolution of industries, focusing on the processes and tools that entrepreneurs use to legitimate new organizational populations, and the collateral industries and communities that build up around new organizational populations, aiding in the development of new companies. ---------- ââ¬ÅThis outstanding work will be required reading for all entrepreneurship scholars.ââ¬?ââ¬âAndrew H. Van de Ven, University of Minnesota ââ¬ÅA detailed and fresh look at the conceptual end of the business of making money in developed societies.ââ¬?ââ¬âEnterprise and Society ââ¬ÅClaudia Schoonhoven and Elaine Romanelli have delivered a compelling edited volume to enrich our understanding of entrepreneuship as a contextual process . . . .[The Entrepreneurship Dynamic] is an impressive exploration of the conditions, processes, and outcomes of the entrepreneurial process . . . .[It] is an excelllent volume that deserves a prominent position on the bookshelves of serious students of entrepreneuship and organizations . . .Our bottom line: buy it, read it.ââ¬?ââ¬âAcademy of Management Review ââ¬ÅThose who are looking for new approaches and resarch directions will find The Entrepreneurship Dynamic a rich and variegated source of ideas.ââ¬?ââ¬âPhilip Anderson, INSEAD ---------- Table of Contents for The Economic Approach to Law Chapter 1: Introductory Concepts What is Law and Economics? Positive and Normative Analysis Is Efficiency a Valid Norm for Evaluating Law? Efficiency Concepts Pareto Efficiency Potential Pareto Efficiency, or Kaldor-Hicks Efficiency Consensual Versus Nonconsensual Exchange The Coase Theorem The Law in ââ¬ÅLaw and Economicsââ¬? The Nature of the Common Law The Court System in the United States Conclusion Discussion Questions Problems Appendix to Chapter 1: Review of Microeconomics The Theory of the Consumer and Market Demand The Theory of the Firm and Market Supply Market Equilibrium Perfect Competition Monopoly Oligopoly and Game Theory Welfare Economics Welfare Theorems Market Failure Uncertainty and Imperfect Information Choice Under Uncertainty and Insurance Moral Hazard Adverse Selection Chapter 2: An Economic Model of Tort Law What Is a Tort? The Social Function of Tort Law Elements of a Tort Claim Cause-in-Fact Proximate Cause Liability Rules An Economic Model of Accidents: The Model of Precaution The Unilateral Care Model Social Optimum Actual Care Choice by the Injurer Comparison of Strict Liability and Negligence Bilateral Care Model No Liability and Strict Liability Negligence The Hand Rule The Reasonable-Person Standard Contributory Negligence Negligence with Contributory Negligence Strict Liability with Contributory Negligence Further Topics Sequential Care Accidents The Injurer Moves First The Victim Moves First Last Clear Chance Comparative Negligence Causation and Liability Cause-in-Fact Proximate Cause Res Ipsa Loquitur Uncertainty over Causation Activity Levels Punitive Damages The Judgement-Proof Problem The Impact of Liability Insurance Litigation Costs Legal Error The Statute of Limitations for Tort Suits Intentional Torts Valuing Human Life and Safety Conclusion Discussion Questions Problems Chapter 3: Applying the Economic Model of Tort Law Products Liability A Brief History of Products Liability Law An Economic Model of Products Liability Equilibrium Price and Output for a Dangerous Product Care Choices by Manufacturers and Consumers Consumer Perceptions of Risk A Note on Custom as a Defense Recent Trends Evidence on the Impact of Products Liability Laws Concluding Remarks Workplace Accidents Respondeat Superior Accidents in which the Victim is an Employee Workersââ¬â¢ Compensation Laws Liability for Environmental Damages Characteristics of Environmental Damages Multiple Victims Causal Uncertainty Superfund Case Study: Asbestos Medical Malpractice Customary Practice and Informed Consent Do Physicians Practice Defensive Medicine? Conclusion Discussion Questions Problems Chapter 4: The Economics of Contact Law I: The Elements of a Valid Contract Contracts and Efficient Exchange The Elements of a Valid Contract Reasons for Invalidating Contracts Mental Incapacity or Incompetence Coercion or Duress Mistake and the Duty to Disclose Private Information Purely Distributive Information Socially Valuable Information Casual Versus Deliberate Acquisition of Information Disclosure of Unfavorable Information Unconscionability Conclusion Discussion Questions Problems Chapter 5: The Economics of Contract Law II: Remedies for Breach The Efficient Breach Model Money Damages and Efficient Breach Incentives for Efficient Reliance Mitigation of Damages Impossibility and Related Excuses Efficient Risk Sharing Commercial Impracticability Specific Performance Transaction Costs Subjective Value and Efficient Breach The Value of Consent Self-Enforcement of Contracts Liquidated Damage Clauses Product Warranties Express Warranties Implied Warranties Long-Term Contracts Conclusion Discussion Questions Problems Chapter 6: The Economics of Property Law: Fundamentals The Nature and Function of Property Rights The Definition of Property Rights Property Rights in Incentives The Emergence of Property Rights Enforcement of Property Rights Fundamentals of the Economics of Property Law The Coase Theorem The Assignment of Rights and the Distribution of Wealth Examples of the Coase Theorem The Role of Transaction Costs Enforcement of Property Rights Property Rules and Liability Rules The Choice Between Property Rules and Liability Rules Trespass and Nuisance The General Transaction Structure Consensual Transfers of Property The Legal Protection of Ownership Should the Law Protect the Possessor or the Claimant? An Analysis of Land Title Systems Land Title Systems: Recording Versus Registration Land Title Systems in the United States Title Protection and Economic Development Limited and Divided Ownership Leasing The Lease: A Contract or Conveyance? Mitigation in Leases The Law of Waste Sharecropping Private Versus Group Ownership The Optimal Scale of Ownership Public Goods The Anticommons Problems and the Right to Partition Time-Limited Property Rights: Intellectual Property Patents Copyrights Conclusion Discussion Questions Problems Chapter 7: Involuntary Transfers and Regulation of Property Involuntary Transfers and Restrictions on Transfers Between Private Parties Adverse Possession The Mistaken Improver Problem Inheritance Rules Primogeniture The Rule Against Perpetuities Government Acquisition of Property Under Eminent Domain The Eminent Domain Clause Public Use and the Scope of the Takings Power The Meaning of Just Compensation Case Study on the Determination of Just Compensation: ââ¬ÅThe Assassinââ¬â¢s Bequestââ¬? Eminent Domain and Land Use Incentives The No-Compensation Result Arguments Against the No-Compensation Result Government Regulation of Property The Compensation Question Tests for Compensation An Economic Model of Regulatory Takings Implications of the Efficient Compensation Rule Investment-Backed Expectations: Does the Market Eliminate the Need for Compensation? Regulation Versus the Common Law Conclusion Discussion Questions Problems Chapter 8: The Economics of Dispute Resolution The Litigation Process Why Do Trials Occur? The Differing Perceptions, or Optimism Model The Asymmetric Information Model The Social Versus Private Incentive to Sue Procedural Rules and Litigation Costs Discover The English Versus American Rule The English Rule and Settlement The English Rule and the Incentive to File Suit Evidence on the Impact of the English Rule Rule 68 Contingent Fees The Benefits of Contingent Fees Contingent Fees and Settlement Do Contingent Fees Promote Frivolous Suits? Frivolous Suits Court Delay Alternative Dispute Resolution Evolution of the Law Selection of Disputes for Trial Is the Common Law Efficient? Empirical Evidence on Legal Change Judicial Decision Making and Legal Change Decision by Precedent An Economic Model of Precedent Precedents as a Stock of Knowledge Procedural Responses to Legal Errors The Standard of Proof Appeals as a Means of Error Correction What Do Judges Maximize? Judicial Self-Interest and the Law Pragmatism and the Economic Approach to Law Conclusion Discussion Questions Problems Chapter 9: The Economics of Crime Distinguishing Crimes and Torts Crimes Are Intentional Other Reasons for Public Enforcement Examples of Private Enforcement Property Rules, Liability Rules, and Criminal Sanctions The Economic Model of Crime The Offenderââ¬â¢s Decision to Commit a Crime and the Supply of Offenses Optimal Punishment The Optimal Fine Gain Versus Harm-Based Fines Fines and Imprisonment Prison, Probation, and Parole The Probability of Apprehension is Variable Why Are Fines Not Equal to Offendersââ¬â¢ Wealth? Repeat Offenders Empirical Evidence on the Economic Model of Crime The Death Penalty Economics of the Death Penalty Constitutional Issues The Bail System Private Protection Plea Bargaining Economic Models of Plea Bargaining Plea Bargaining and Deterrence A Comparative Perspective Topics Crime and the Business Cycle Gun Laws and Crime Primitive Law Enforcement Some Constitutional Issues Free Speech The Rule Against Self-Incrimination The Right of Privacy Conclusion Discussion Questions Problems Answers to In-Chapter Exercises Notes Works Cited Index