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Academic
: Legal Theory BlogEpstein on Competence & Coase on Firms
By Lawrence Solum
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The work of Ronald Coase is notable for two primary reasons. First, it introduced the notion of transaction costs to explain the formation and maintenance of firms, Second, it advanced our understanding of the critical topic of social costs. Yet, while transaction costs are key to understanding why firms are organized, they do not offer a complete explanation of how they are organized. A richer account of the problem properly stresses that differences in individual levels of competence, as well as individual variations in temperament and taste, explain why, for example, some firms are organized as partnerships and others as straight employment arrangements, with many permutations in between. Understanding differential levels of competence also helps to explain issues in areas from employment discrimination law to capital markets and tort liability.
Full post as published by Legal Theory Blog on March 16, 2010 (boomark / email).
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alleging that the six law firms handling the Vioxx settlement failed to provide money for reimbursements to lien rights of Employee Retirement Income Security Act (ERISA) health plans.

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