See also the RSS News feed of working papers as they are released.

Bound print copies of George Mason School of Law’s working paper series on law and economics are available in the Law Library. The bound set often includes initial drafts of papers. Search Mason’s Classic Catalog to locate a working paper.

Below is a list of publications in the George Mason Working Papers in Law and Economics series, listed by year, with most recent publications first.

2018

  • Nationwide Injunctions’ Governance Problems: Forum-Shopping, Politicizing Courts, and Eroding Constitutional Structure
    By: Ronald Cass
    No. LS 18-22
    Date Posted: August 2018
    [Abstract ]
  • Policing For Profit: The Political Economy of Law Enforcement
    By: Gregory DeAngelo, Anna Harvey, Murat Mungan
    No. 18-21
    Date Posted: July 2018
    [Abstract ]
  • The Adventure of the Ambulant Doctor
    By: Ross Davies
    No. LS 18-21
    Date Posted: June 2018
    [Abstract ]
  • Originalism and the Common Law Infancy Defense
    By: Craig Lerner
    No. LS 18-18
    Date Posted: June 2018
    [Abstract ]
  • Five Little Lessons in Lawyering from Thurgood Marshall
    By: Ross Davies
    No. LS 18-19
    Date Posted: May 2018
    [Abstract ]
  • Hipster Antitrust Meets Public Choice Economics: The Consumer Welfare Standard, Rule of Law, and Rent-Seeking
    By: Elyse Dorsey, Jan Rybnicek, Joshua Wright
    No. 18-20
    Date Posted: April 2018
    [Abstract ]
  • Federative Republic of Brazil, Before the Administrative Council for Economic Defense (“CADE”), Draft Guidelines Concerning Antitrust Remedies, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University
    By: Douglas Ginsburg, Tad Lipsky, Joshua Wright, John Yun
    No. 18-19
    Date Posted: June 2018
    [Abstract ]
  • U.S. Department of Justice, Antitrust Division Public Roundtable Series on the Relationship between Competition and Regulation, Third Roundtable – on Anticompetitive Regulations: Comment of the Global Antitrust Institute, Antonin Scalia Law School, GMU
    By: Douglas Ginsburg, Tad Lipsky, Joshua Wright
    No. 18-16
    Date Posted: June 2018
    [Abstract ]
  • Ranking the Olympians Before U.S. News: When Vanity Fair and The Bookman Told Their Readers Who Really Mattered
    By: Ross Davies
    No. LS 18-17
    Date Posted: June 2018
    [Abstract ]
  • Patent Injunctions, Economics, and Rights
    By: Eric Claeys, Adam Mossoff
    No. 18-17
    Date Posted: June 2018
    [Abstract ]
  • Why Growing Government is a Greater Political Menace than Growing Inequality
    By: Ilya Somin
    No. LS 18-16
    Date Posted: 2018
    [Abstract ]
  • Avoidance, Errors and the Optimal Standard of Proof
    By: Murat Mungan
    No. 18-18
    Date Posted: 2018
    [Abstract ]
  • Prevailing Wage Legislation and the Continuing Significance of Race
    By: David Bernstein
    No. 18-14
    Date Posted: May 2018
    [Abstract ]
  • Reflections on the 100th Anniversary of Buchanan v. Warley: Recent Revisionist History and Unanswered Questions
    By: David Bernstein
    No. 18-13
    Date Posted: May 2018
    [Abstract ]
  • Conflicts of Interest on Expert Committees: The Case of FDA Drug Advisory Committees
    By: James Cooper
    No. 18-10
    Date Posted: 2018
    [Abstract ]
  • Common Sense About Common Ownership
    By: Douglas Ginsburg
    No. 18-09
    Date Posted: 2018
    [Abstract ]
  • United States Department of Justice, Antitrust Division Public Roundtable Series on the Relationship Between Competition and Regulation, Second Roundtable -- On Consent Decrees
    By: Douglas Ginsburg, Tad Lipsky, Joshua Wright, John Yun
    No. 18-08
    Date Posted: 2018
    [Abstract ]
  • Foot Voting, Decentralization, and Development
    By: Ilya Somin
    No. LS 18-12
    Date Posted: 2018
    [Abstract ]
  • Coasean Cost-Benefit Analysis of Financial Regulation: The Fiduciary Standard
    By: D. Bruce Johnsen
    No. 18-07
    Date Posted: April 2018
    [Abstract ]
  • Auer Deference: Doubling Down on Delegation's Defects
    By: Ronald Cass
    No. 18-06
    Date Posted: April 2018
    [Abstract ]
  • The Japan Patent Office (JPO) Guide to Licensing Negotiations Involving Standard Essential Patents, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University
    By: Douglas Ginsburg, Tad Lipsky, Joshua Wright, John Yun
    No. 18-05
    Date Posted: April 2018
    [Abstract ]
  • Friedrich A. Hayek
    By: Todd Zywicki
    No. 18-04
    Date Posted: April 2018
    [Abstract ]
  • The Telegraph
    By: Adam Mossoff
    No. LS 18-11
    Date Posted: April 2018
    [Abstract ]
  • Judicial Supremacy: Palladium of Liberty or Academic Paradox?
    By: Nelson Lund
    No. LS 18-10
    Date Posted: April 2018
    [Abstract ]
  • Liberal Nationalism
    By: Francis Buckley
    No. LS 18-09
    Date Posted: April 2018
    [Abstract ]
  • The Enforcement of Virtue
    By: Francis Buckley
    No. LS 18-08
    Date Posted: April 2018
    [Abstract ]
  • The Poverty of Conservative Philosophy
    By: Francis Buckley
    No. LS 18-07
    Date Posted: April 2018
    [Abstract ]
  • A Children's Rights Perspective Dissent from Obergefell
    By: Helen Alvaré
    No. LS 18-06
    Date Posted: March 2018
    [Abstract ]
  • Now We Know Better: A New Legal Framework on Sex to Better Promote Autonomy, Equality, Diversity, and Care for the Poor
    By: Helen Alvaré
    No. LS 18-05
    Date Posted: March 2018
    [Abstract ]
  • United States Department of Justice Antitrust Division Public Roundtable Series on Competition and Deregulation, First Roundtable on State Action, Statutory Exemptions and Implied Immunities, Comment of the Global Antitrust Institute
    By: Douglas Ginsburg, Bruce Kobayashi, Tad Lipsky, Joshua Wright, John Yun
    No. 18-03
    Date Posted: March 2018
    [Abstract ]
  • Property, Concepts, and Functions
    By: Eric Claeys
    No. LS 18-04
    Date Posted: March 2018
    [Abstract ]
  • Dominican Republic’s Resolution on Cartel Leniency, Comment of The Global Antitrust Institute, Antonin Scalia Law School, George Mason University
    By: Douglas Ginsburg, Bruce Kobayashi, Tad Lipsky, Joshua Wright, John Yun
    No. 18-02
    Date Posted: March 2018
    [Abstract ]
  • Procompetencia’s Regulations for the Processing of Commitment Proposals by Economic Agents, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University
    By: Douglas Ginsburg, Bruce Kobayashi, Tad Lipsky, Joshua Wright, John Yun
    No. 18-01
    Date Posted: March 2018
    [Abstract ]
  • Why Congress Matters: The Collective Congress in the Structural Constitution
    By: Neomi Rao
    No. LS 18-03
    Date Posted: February 2018
    [Abstract ]
  • Ensuring Only Good Claims Come in Small Packages: A Response to Scholarly Concerns About a Proposed Small Copyright Claims Tribunal
    By: Sandra Aistars
    No. LS 18-02
    Date Posted: 2018
    [Abstract ]
  • Patents and Free Speech
    By: Tun-Jen Chiang
    No. LS 18-01
    Date Posted: 2018
    [Abstract ]
  • Property Rights and Takings Burdens
    By: Steven Eagle
    No. LS 17-19
    Date Posted: 2018
    [Abstract ]

2017

  • An Enquiry Meet for Professional Regulation: Lessons from PolyGram
    By: James Cooper
    No. 17-49
    Date Posted: December 2017
    [Abstract ]
  • The Dictionary as a Specialized Corpus
    By: Jennifer Mascott
    No. LS 17-22
    Date Posted: November 2017
    [Abstract ]
  • Who Are "Officers of the United States"?
    By: Jennifer Mascott
    No. LS 17-21
    Date Posted: November 2017
    [Abstract ]
  • Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University, on the Japan Patent Office's Tentative Guidelines on Licensing Negotiations Involving SEPs
    By: James Cooper, Douglas Ginsburg, Bruce Kobayashi, Tad Lipsky, Joshua Wright, John Yun
    No. 17-45
    Date Posted: November 2017
    [Abstract ]
  • Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University, on the Canadian Competition Bureau’s White Paper, “Big Data and Innovation: Implications for Competition Policy in Canada”
    By: James Cooper, Douglas Ginsburg, Bruce Kobayashi, Tad Lipsky, Joshua Wright, John Yun
    No. 17-44
    Date Posted: November 2017
    [Abstract ]
  • Wrongful Convictions, Deterrence, and Stigma Dilution
    By: Murat Mungan
    No. 17-43
    Date Posted: September 2017
    [Abstract ]
  • Quality and Quantity in Constitutional Interpretation: The Quest for Analytic Essentials in Law
    By: Ronald Cass
    No. 17-42
    Date Posted: November 2017
    [Abstract ]
  • Obama's Constitutional Legacy
    By: Ilya Somin
    No. LS 17-18
    Date Posted: November 2017
    [Abstract ]
  • No Fracking Way: An Empirical Look at Why New York Towns Banned Shale Development
    By: Caroline Cecot
    No. 17-41
    Date Posted: October 2017
    [Abstract ]
  • Optimal Non-Prosecution Agreements and the Reputational Effects of Convictions
    By: Murat Mungan
    No. 17-40
    Date Posted: September 2017
    [Abstract ]
  • Property Values and Risks: Evidence from Shale Development
    By: Caroline Cecot
    No. 17-39
    Date Posted: September 2017
    [Abstract ]
  • Using Things, Defining Property
    By: Christopher Newman
    No. LS 17-17
    Date Posted: September 2017
    [Abstract ]
  • The Right to Keep and Bear Arms in the Roberts Court
    By: Nelson Lund
    No. LS 17-16
    Date Posted: September 2017
    [Abstract ]
  • The Effect of Optimal Penalties for Organizations Convicted of Price Fixing in the Presence of Criminal Sanctions for Individuals
    By: Michelle Burtis, Bruce Kobayashi
    No. 17-38
    Date Posted: September 2017
    [Abstract ]
  • Land Use Regulation and Good Intentions
    By: Steven Eagle
    No. LS 17-15
    Date Posted: September 2017
    [Abstract ]
  • Fourth Circuit Shootout: 'Assault Weapons' and the Second Amendment
    By: Nelson Lund
    No. LS 17-13
    Date Posted: September 2017
    [Abstract ]
  • The Signal-Tuning Function of Liability Regimes
    By: Claude Fluet, Murat Mungan
    No. 17-37
    Date Posted: August 2017
    [Abstract ]
  • Constitutionally Conforming Agency Adjudication
    By: Jennifer Mascott
    No. 17-14
    Date Posted: June 2017
    [Abstract ]
  • Antitrust Provides a More Reasonable Regulatory Framework than Net Neutrality
    By: Joshua Wright
    No. 17-35
    Date Posted: August 2017
    [Abstract ]
  • Righting the Course: What the DOJ Should Do About the IEEE Business Review Letter
    By: Koren Wong-Ervin
    No. 17-34
    Date Posted: August 2017
    [Abstract ]
  • The Effect of Income Taxation on Risky Investment: An Experiment
    By: Terrence Chorvat
    No. 17-32
    Date Posted: August 2017
    [Abstract ]
  • Incentives, Choices and Strategic Behavior: A Neuroeconomic Perspective for the Law
    By: Terrence Chorvat, Kevin McCabe
    No. 17-33
    Date Posted: August 2017
    [Abstract ]
  • Dissecting Professor Wu and Yelp's Local Search Study: An Antitrust Law Analysis of The ‘Experimental Evidence'
    By: Joshua Wright
    No. 17-31
    Date Posted: August 2017
    [Abstract ]
  • Intellectual Property and Practical Reason
    By: Eric Claeys
    No. LS 17-12
    Date Posted: 2017
    [Abstract ]
  • Methodologies for Calculating FRAND Damages: An Economic and Comparative Analysis of the Case Law from China, the European Union, India, and the United States
    By: Anne Layne-Farrar, Koren Wong-Ervin
    No. 17-28
    Date Posted: June 2017
    [Abstract ]
  • Due Process and Delegation: ‘Due Substance’ and Undone Process in the Administrative State
    By: Ronald Cass
    No. LS 17-11
    Date Posted: June 2017
    [Abstract ]
  • The Tower of Babel Revisited: Global Governance as a Problematic Solution to Existential Threats
    By: Craig Lerner
    No. LS 17-10
    Date Posted: June 2017
    [Abstract ]
  • The Trial of Joseph Dotterweich: The Origins of the 'Responsible Corporate Officer' Doctrine
    By: Craig Lerner
    No. LS 17-09
    Date Posted: May 2017
    [Abstract ]
  • The Effects of Racial Profiling, Taste-Based Discrimination, and Enforcer Liability on Crime
    By: Murat Mungan
    No. 17-27
    Date Posted: May 2017
    [Abstract ]
  • Introduction, Eminent Domain: A Comparative Perspective
    By: Ilya Somin
    No. 17-26
    Date Posted: May 2017
    [Abstract ]
  • Immigration, Freedom, and the Constitution
    By: Ilya Somin
    No. 17-25
    Date Posted: May 2017
    [Abstract ]
  • Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University, on the Japan Fair Trade Commission’s Draft Guidelines Concerning Distribution Systems and Business Practices Under the Antimonopoly Act
    By: Douglas Ginsburg, Bruce Kobayashi, Koren Wong-Ervin, Joshua Wright
    No. 17-23
    Date Posted: May 2017
    [Abstract ]
  • Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University, on the Communication from the Commission on Standard Essential Patents for a European Digitalised Economy
    By: Douglas Ginsburg, Bruce Kobayashi, Koren Wong-Ervin, Joshua Wright
    No. 17-22
    Date Posted: April 2017
    [Abstract ]
  • Tying and Bundling Involving Standard-Essential Patents
    By: Evan Hicks, Iijoong Kim, Koren Wong-Ervin
    No. 17-20
    Date Posted: April 2017
    [Abstract ]
  • Error Costs, Legal Standards of Proof and Statistical Significance
    By: Michelle Burtis, Jonah Gelbach, Bruce Kobayashi
    No. 17-21
    Date Posted: April 2017
    [Abstract ]
  • Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University, on the Anti-Monopoly Commission of the State Council's Anti-Monopoly Guidelines against Abuse of Intellectual Property Rights
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 17-19
    Date Posted: April 2017
    [Abstract ]
  • Progressive Political Theory, Contemporary Politics, and the REINS Act
    By: Eric Claeys
    No. 17-08
    Date Posted: April 2017
    [Abstract ]
  • A Comparative and Economic Analysis of the U.S. FTC's Complaint and the Korea FTC's Decision Against Qualcomm
    By: Douglas Ginsburg, Koren Wong-Ervin
    No. 17-17
    Date Posted: April 2017
    [Abstract ]
  • Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies
    By: Koren Wong-Ervin
    No. 17-18
    Date Posted: April 2017
    [Abstract ]
  • Turning Gold to Lead: How Patent Eligibility Doctrine is Undermining U.S. Leadership in Innovation
    By: Kevin Madigan, Adam Mossoff
    No. 17-16
    Date Posted: March 2017
    [Abstract ]
  • Trademark as a Property Right
    By: Adam Mossoff
    No. 17-15
    Date Posted: March 2017
    [Abstract ]
  • Regarding the Optimality of Cartel Fines
    By: Michelle Burtis, Bruce Kobayashi
    No. 17-14
    Date Posted: March 2017
    [Abstract ]
  • The Changing of the Guard: The Political Economy of Administrative Bloat in American Higher Education
    By: Chris Koopman, Todd Zywicki
    No. 17-12
    Date Posted: March 2017
    [Abstract ]
  • Statistical (and Racial) Discrimination, 'Banning the Box', and Crime Rates
    By: Murat Mungan
    No. 17-13
    Date Posted: March 2017
    [Abstract ]
  • Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University, on the Proposed Revisions to the People’s Republic of China Anti-Unfair Competition Law
    By: Douglas Ginsburg, Bruce Kobayashi, Koren Wong-Ervin, Joshua Wright
    No. 17-11
    Date Posted: March 2017
    [Abstract ]
  • Understanding the Runaway Tuition Phenomenon: Credence Goods in an Age of Skepticism
    By: Daniel Polsby
    No. 17-10
    Date Posted: March 2017
    [Abstract ]
  • A Chip Off the Old Block or a New Direction for Payment Cards Security? The Chip & PIN Debate, Apple Pay, and the Law & Economics of Preventing Payment Card Fraud
    By: James Cooper, Todd Zywicki
    No. 17-09
    Date Posted: March 2017
    [Abstract ]
  • A Return to Antitrust Populism?
    By: James Cooper
    No. 17-08
    Date Posted: February 2017
    [Abstract ]
  • Hohfeld and the Theory of in Rem Rights: An Attempted Mediation
    By: Christopher Newman
    No. LS 17-07
    Date Posted: February 2017
    [Abstract ]
  • Market-Reinforcing Versus Market-Replacing Consumer Finance Regulation
    By: Todd Zywicki
    No. 17-07
    Date Posted: February 2017
    [Abstract ]
  • Anonymity, Autonomy, and the Collection of Personal Data: Measuring the Privacy Impact of Google's 2012 Privacy Policy Change
    By: James Cooper
    No. 17-06
    Date Posted: January 2017
    [Abstract ]
  • The History Of 'Substantive' Due Process: It's Complicated
    By: David Bernstein
    No. LS 17-06
    Date Posted: January 2017
    [Abstract ]
  • Our Illiberal Administrative Law
    By: Douglas Ginsburg,
    No. LS 17-05
    Date Posted: January 2017
    [Abstract ]
  • Taking Steel Seizure Seriously: Reflections on the Iran Nuclear Agreement
    By: Stephen Gilles,
    No. LS 17-04
    Date Posted: January 2017
    [Abstract ]
  • A Dual Non-Banking System? Or a Non-Dual Non-Banking System? Considering the OCC's Proposal for a Non-Bank Special Purpose National Charter for Fintech Companies, against an Alternative Competitive Federalism System, for an Era of Fintech Banking
    By: J.W. Verret
    No. 17-05
    Date Posted: January 2017
    [Abstract ]
  • The Administrative State and Its Law
    By: Michael Greve
    No. 17-04
    Date Posted: January 2017
    [Abstract ]
  • Do Americans Really Save Too Little and Should We Nudge Them to Save More? The Ethics of Nudging Retirement Savings
    By: Todd Zywicki
    No. 17-03
    Date Posted: January 2017
    [Abstract ]
  • A Second Amendment Right to Be Negligent?
    By: Stephen Gilles, Nelson Lund
    No. LS 17-03
    Date Posted: January 2017
    [Abstract ]
  • State Unfair and Deceptive Trade Practices Laws: An Economic and Empirical Analysis
    By: James Cooper
    No. 17-02
    Date Posted: January 2017
    [Abstract ]
  • Vested Use-Privileges in Property and Copyright
    By: Christopher Newman
    No. LS 17-02
    Date Posted: January 2017
    [Abstract ]
  • The Due Process Right To Pursue a Lawful Occupation: A Brighter Future Ahead?
    By: David Bernstein
    No. LS 17-01
    Date Posted: January 2017
    [Abstract ]
  • The Missing Role of Economics in FTC Privacy Policy
    By: James Cooper, Joshua Wright
    No. 17-01
    Date Posted: January 2017
    [Abstract ]

2016

  • Our Polarized, Presidential Federalism
    By: Michael Greve
    No. LS 16-37
    Date Posted: December 2016
    [Abstract ]
  • Antonin Scalia and the Dilemma of Constitutional Originalism
    By: Nelson Lund
    No. LS 16-36
    Date Posted: December 2016
    [Abstract ]
  • Intellectual Property and Standard Setting
    By: , Joshua Wright
    No. 16-48
    Date Posted: December 2016
    [Abstract ]
  • Rethinking Presidential Eligibility
    By: Eugene Mazo
    No. LS 16-35
    Date Posted: November 2016
    [Abstract ]
  • Federalism and the Roberts Court
    By: Ilya Somin
    No. LS 16-34
    Date Posted: November 2016
    [Abstract ]
  • Extra-Jurisdictional Remedies Involving Patent Licensing
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 16-46
    Date Posted: November 2016
    [Abstract ]
  • Federalism and the Rise of State Consumer Protection Law in the United States
    By: Joshua Wright
    No. 16-44
    Date Posted: November 2016
    [Abstract ]
  • The FTC PAE Study: A Cautionary Tale About Making Unsupported Policy Recommendations
    By: Douglas Ginsburg, Joshua Wright
    No. 16-45
    Date Posted: November 2016
    [Abstract ]
  • Disenfranchisement and Over-Incarceration
    By: Murat Mungan
    No. 16-43
    Date Posted: November 2016
    [Abstract ]
  • The Costs and Benefits of Antitrust Consents
    By: Douglas Ginsburg, Joshua Wright
    No. 16-42
    Date Posted: October 2016
    [Abstract ]
  • The Effect of Regulation on Broadband Markets: Evaluating the Empirical Evidence in the FCC’s 2015 “Open Internet” Order
    By: Thomas Hazlett, Joshua Wright
    No. 16-41
    Date Posted: October 2016
    [Abstract ]
  • Putting Kelo in Perspective
    By: Ilya Somin
    No. LS 16-33
    Date Posted: October 2016
    [Abstract ]
  • Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University, on the U.S. Antitrust Agencies’ Proposed Update of the Antitrust Guidelines for the Licensing of Intellectual Property
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 16-38
    Date Posted: September 2016
    [Abstract ]
  • Staying Agency Rules: Constitutional Structure and Rule of Law in the Administrative State
    By: Ronald Cass
    No. LS 16-32
    Date Posted: September 2016
    [Abstract ]
  • The Information-Forcing Dilemma in Damages Law
    By: Tun-Jen Chiang
    No. 16-37
    Date Posted: August 2016
    [Abstract ]
  • Gateway Crimes
    By: Murat Mungan
    No. 16-36
    Date Posted: August 2016
    [Abstract ]
  • Advancing Judicial Review of Wetlands and Property Rights Determinations: U.S. Army Corps of Engineers v. Hawkes
    By: Steven Eagle
    No. 16-35
    Date Posted: August 2016
    [Abstract ]
  • Conflation, Intractability and Affordable Housing
    By: Steven Eagle
    No. 16-34
    Date Posted: August 2016
    [Abstract ]
  • Conditional Privacy Rights
    By: Murat Mungan
    No. 16-29
    Date Posted: June 2016
    [Abstract ]
  • Salience and the Severity Versus the Certainty of Punishment
    By: Murat Mungan
    No. 16-28
    Date Posted: June 2016
    [Abstract ]
  • The Certainty versus the Severity of Punishment, Repeat Offenders, and Stigmatization
    By: Murat Mungan
    No. 16-33
    Date Posted: August 2016
    [Abstract ]
  • FRAND in India
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 16-32
    Date Posted: June 2016
    [Abstract ]
  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the Japan Fair Trade Commission's Consultation on the Administrative Surcharge System
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 16-31
    Date Posted: August 2016
    [Abstract ]
  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the Proposed Revisions to the Guidelines of the Anti-Monopoly Commission of the State Council on Determining Illegal Gains Generated from Monopoly Conduct and on Settin
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 16-27
    Date Posted: July 2016
    [Abstract ]
  • On Corrective Justice and Rights in Property: A Comment on Property Law and Social Morality
    By: Eric Claeys
    No. 16-26
    Date Posted: July 2016
    [Abstract ]
  • The Right to Arms and the American Philosophy of Freedom
    By: Nelson Lund
    No. LS 16-29
    Date Posted: July 2016
    [Abstract ]
  • Agency Finance in the Age of Executive Government
    By: Michael Greve
    No. 16-25
    Date Posted: June 2016
    [Abstract ]
  • Some Clerical Contributions to Ex Parte Quirin
    By: Ross Davies
    No. LS 16-28
    Date Posted: June 2016
    [Abstract ]
  • Antitrust Liability for Licensing Boards After North Carolina Dental: Antitrust Preemption as a Penalty Default?
    By: James Cooper
    No. 16-24
    Date Posted: June 2016
    [Abstract ]
  • Information & Settlement: Empirical Evidence on Daubert Rulings and Case Outcomes
    By: James Cooper
    No. 16-23
    Date Posted: May 2016
    [Abstract ]
  • Gonzales v. Carhart: Bringing Abortion Back into the Family Law Fold
    By: Helen Alvaré
    No. LS 16-20
    Date Posted: May 2016
    [Abstract ]
  • Labor, Exclusion, and Flourishing in Property Law
    By: Eric Claeys
    No. LS 16-19
    Date Posted: April 2016
    [Abstract ]
  • The Quality-Assuring Role of Mutual Fund Advisory Fees
    By: Michael Habib, D. Bruce Johnsen
    No. 16-22
    Date Posted: April 2016
    [Abstract ]
  • Nudging in an Evolving Marketplace: How Markets Improve Their Own Choice Architecture
    By: Adam C. Smith, Todd Zywicki
    No. 16-21
    Date Posted: April 2016
    [Abstract ]
  • Patents as Commercial Assets in Political, Legal, and Social Context
    By: Adam Mossoff
    No. LS 16-18
    Date Posted: April 2016
    [Abstract ]
  • The Neuroeconomics of Financial Decisions and the Stochastic Discount Factor
    By: Terrence Chorvat
    No. 16-20
    Date Posted: April 2016
    [Abstract ]
  • Corporate Equities as Lotteries: Skewness and the Tax Preference for Corporate Debt
    By: Terrence Chorvat
    No. 16-19
    Date Posted: April 2016
    [Abstract ]
  • Tools of Reason: Truncation Through Judicial Experience and Economic Learning
    By: Brady Cummins, Timothy Muris
    No. 16-18
    Date Posted: April 2016
    [Abstract ]
  • Striking the Proper Balance: Redress Under Section 13(B) of the FTC Act
    By: Howard Beales, Timothy Muris
    No. 16-17
    Date Posted: April 2016
    [Abstract ]
  • I Can See Clearly Now: Lee Benham, Eyeglasses, and the Empirical Analysis of Advertising and the Effects of Professional Regulation
    By: Bruce Kobayashi, Timothy Muris
    No. 16-16
    Date Posted: April 2016
    [Abstract ]
  • The Threat of Law: Regulatory Blackmail or an Answer to Congressional Gridlock?
    By: Rachelle Holmes Perkins
    No. LS 16-17
    Date Posted: April 2016
    [Abstract ]
  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the India Department of Industrial Policy and Promotion’s Discussion Paper on Standard Essential Patents
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 16-15
    Date Posted: March 2016
    [Abstract ]
  • Uber-Ized Corporate Law: Toward a 21st Century Corporate Governance for Crowdfunding and App-Based Investor Communications
    By: J.W. Verret
    No. 16-14
    Date Posted: April 2016
    [Abstract ]
  • The USA Patriot Act: Promoting the Cooperation of Foreign Intelligence Gathering and Law Enforcement
    By: Craig Lerner
    No. LS 16-16
    Date Posted: April 2016
    [Abstract ]
  • The Paradox of IP
    By: Tun-Jen Chiang
    No. 16-13
    Date Posted: April 2016
    [Abstract ]
  • FTC Consumer Protection at 100: 1970s Redux or Protecting Markets to Protect Consumers?
    By: Howard Beales, Timothy Muris
    No. 16-12
    Date Posted: March 2016
    [Abstract ]
  • Saving the Constitution: Lincoln, Secession, and the Price of Union
    By: Craig Lerner
    No. LS 16-15
    Date Posted: March 2016
    [Abstract ]
  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the Proposed Revisions to the People’s Republic of China Anti-Unfair Competition Law
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 16-11
    Date Posted: March 2016
    [Abstract ]
  • The Corruption of Constitutional Conservatism
    By: Nelson Lund
    No. LS 16-14
    Date Posted: March 2016
    [Abstract ]
  • The Reigate Puzzle: A Lawyerly Annotated Edition
    By: Ross Davies, Joyce Malcolm
    No. LS 16-13
    Date Posted: March 2016
    [Abstract ]
  • Arthur Conan Doyle’s Pig, and Yours: A Challenge
    By: Ross Davies
    No. LS 16-12
    Date Posted: March 2016
    [Abstract ]
  • The Quotation Mark Puzzle: An Imperfection of “The Field Bazaar”
    By: Ross Davies
    No. LS 16-11
    Date Posted: March 2016
    [Abstract ]
  • “Excessive Royalty” Prohibitions and the Dangers of Punishing Vigorous Competition and Harming Incentives to Innovate
    By: Douglas Ginsburg, Bruce Kobayashi, Joshua Wright
    No. 16-10
    Date Posted: March 2016
    [Abstract ]
  • Breaking the Spell of Tax Budget Magic
    By: Rachelle Holmes Perkins
    No. 16-09
    Date Posted: March 2016
    [Abstract ]
  • The Memoirs of Sherlock Holmes: “The Field Bazaar” (Illustrated)
    By: Ross Davies, David Hutchinson
    No. LS 16-10
    Date Posted: March 2016
    [Abstract ]
  • The Adventure of the Norwood Builder: A Lawyerly Annotated Edition
    By: Ross Davies
    No. LS 16-09
    Date Posted: March 2016
    [Abstract ]
  • Property Rights After Horne
    By: Steven Eagle
    No. LS 16-08
    Date Posted: March 2016
    [Abstract ]
  • Patent Assertion Entities and EU Competition Law
    By: Damien Geradin
    No. 16-08
    Date Posted: March 2016
    [Abstract ]
  • Delegation Reconsidered: A Delegation Doctrine for the Modern Administrative State
    By: Ronald Cass
    No. LS 16-07
    Date Posted: March 2016
    [Abstract ]
  • Who Captures the Rents from Unionization? Insights from Multiemployer Pension Plans
    By: D. Bruce Johnsen
    No. 16-07
    Date Posted: February 2016
    [Abstract ]
  • A Closer Look at Payment Cards
    By: D. Bruce Johnsen
    No. 16-06
    Date Posted: February 2016
    [Abstract ]
  • The Potlatch as Fractional Reserve Banking
    By: D. Bruce Johnsen
    No. 16-05
    Date Posted: February 2016
    [Abstract ]
  • Hobby Lobby, Corporate Law, and Unsustainable Liberalism: A Reply to Judge Strine
    By: Harry Hutchison
    No. LS 16-06
    Date Posted: February 2016
    [Abstract ]
  • In Defense of Presidential Signing Statements
    By: Nelson Lund
    No. LS 16-05
    Date Posted: February 2016
    [Abstract ]
  • Why Political Ignorance Undermines the Wisdom of the Many
    By: Ilya Somin
    No. LS 16-04
    Date Posted: February 2016
    [Abstract ]
  • The Ongoing Debate Over Political Ignorance: Reply to My Critics
    By: Ilya Somin
    No. LS 16-03
    Date Posted: February 2016
    [Abstract ]
  • Journal of the Oxford Centre for the Study of Law & Public Policy Introduction: Volume I, Issue 1
    By: Harry Hutchison
    No. LS 16-02
    Date Posted: January 2016
    [Abstract ]
  • Civil Rights and the Right to Work
    By: David Bernstein
    No. LS 16-01
    Date Posted: January 2016
    [Abstract ]
  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the State Administration for Industry and Commerce Anti-Monopoly Guidelines on the Abuse of Intellectual Property Rights
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 16-02
    Date Posted: January 2016
    [Abstract ]
  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the National Development and Reform Commission’s Draft Anti-Monopoly Guideline on Intellectual Property Abuse
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 16-04
    Date Posted: January 2016
    [Abstract ]
  • Stop Chug-a-lug-a-lugin 5 Miles an Hour on Your International Harvester: How Modern Economics Brings the FTC’s Unfairness Analysis Up to Speed with Digital Platforms
    By: Joshua Wright, John Yun
    No. 16-03
    Date Posted: January 2016
    [Abstract ]
  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the Korea Fair Trade Commission’s Amendment to Its Review Guidelines on Unfair Exercise of Intellectual Property Rights
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 16-01
    Date Posted: January 2016
    [Abstract ]

2015

  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the European Commission’s Public Consultation on the Regulatory Environment for Platforms
    By: James Cooper, Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 15-58
    Date Posted: December 2015
    [Abstract ]
  • The Supreme Court Should Grant Certiorari in FTC v. McWane
    By: Joshua Wright
    No. 15-57
    Date Posted: December 2015
    [Abstract ]
  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the Questionnaire for the Revision of China’s Anti-Monopoly Law
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 15-56
    Date Posted: December 2015
    [Abstract ]
  • The Limits of Antitrust and Patent Holdup: A Reply to Cary et al.
    By: Bruce Kobayashi, Joshua Wright
    No. 15-55
    Date Posted: December 2015
    [Abstract ]
  • The Dodd-Frank Act Five Years Later: Are We Freer?
    By: Todd Zywicki
    No. 15-54
    Date Posted: December 2015
    [Abstract ]
  • Yakus and the Administrative State
    By: James Conde, Michael Greve
    No. LS 15-43
    Date Posted: December 2015
    [Abstract ]
  • Uber and the Rule of Law: Should Spontaneous Liberalization Be Applauded or Criticized?
    By: Damien Geradin
    No. 15-53
    Date Posted: December 2015
    [Abstract ]
  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the National Development and Reform Commission’s Anti-Monopoly Guide on Abuse of Intellectual Property Rights
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 15-52
    Date Posted: November 2015
    [Abstract ]
  • Who’s Really Sentenced to Life Without Parole?: Searching for “Ugly Disproportionalities” in the American Criminal Justice System
    By: Craig Lerner
    No. 15-51
    Date Posted: November 2015
    [Abstract ]
  • Religious Liberty for Employers as Corporations, Natural Persons or Mythical Beings? A Reply to Gans
    By: Harry Hutchison
    No. 15-50
    Date Posted: November 2015
    [Abstract ]
  • Conditional Discounts and the Law of Exclusive Dealing
    By: Derek Moore, Joshua Wright
    No. 15-49
    Date Posted: October 2015
    [Abstract ]
  • The Legend of the Privateer Airship and the Currents that Lifted It
    By: Jeremy Rabkin
    No. LS 15-41
    Date Posted: October 2015
    [Abstract ]
  • Promise and Perils in the Nascent Jurisprudence of the Second Amendment
    By: Nelson Lund
    No. LS 15-40
    Date Posted: October 2015
    [Abstract ]
  • Trolls and Orphans
    By: Tun-Jen Chiang
    No. 15-48
    Date Posted: October 2015
    [Abstract ]
  • Administrative Collusion: How Delegation Diminishes the Collective Congress
    By: Neomi Rao
    No. 15-47
    Date Posted: October 2015
    [Abstract ]
  • The Troubling Use of Antitrust to Regulate FRAND Licensing
    By: Douglas Ginsburg, , Joshua Wright
    No. 15-46
    Date Posted: October 2015
    [Abstract ]
  • Book Review: Philip Hamburger, Is Administrative Law Unlawful?
    By: David Bernstein
    No. LS 15-36
    Date Posted: October 2015
    [Abstract ]
  • Comment on the Korea Fair Trade Commission’s Revised Review Guidelines on Unfair Exercise of Intellectual Property Rights
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 15-45
    Date Posted: October 2015
    [Abstract ]
  • Restoring Freedom of Contract between Doctor and Patient in Medicare Part B
    By: David Bernstein
    No. 15-44
    Date Posted: October 2015
    [Abstract ]
  • Sparks Cases in Contemporary Law and Economic Scholarship
    By: Eric Claeys
    No. 15-43
    Date Posted: October 2015
    [Abstract ]
  • Comment of the Global Antitrust Institute, George Mason University School of Law, on the National Development and Reform Commission’s Questionnaire on Intellectual Property Misuse Antitrust Guidelines
    By: Douglas Ginsburg, Bruce Kobayashi, , Joshua Wright
    No. 15-42
    Date Posted: October 2015
    [Abstract ]
  • Antitrust Decisions of the U.S. Supreme Court, 1967 to 2007
    By: Leah Brannon, Douglas Ginsburg
    No. 15-41
    Date Posted: October 2015
    [Abstract ]
  • Monopsony Power, Collective Bargaining and College Football
    By: Harry Hutchison
    No. 15-40
    Date Posted: October 2015
    [Abstract ]
  • Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702
    By: David Bernstein, Eric Lasker
    No. LS 15-29
    Date Posted: October 2015
    [Abstract ]
  • Religious Freedom versus Sexual Expression: A Guide
    By: Helen Alvaré
    No. LS 15-28
    Date Posted: October 2015
    [Abstract ]
  • Marriage and Family as the New Property: Obergefell, Marriage and the Hand of the State
    By: Helen Alvaré
    No. LS 15-27
    Date Posted: October 2015
    [Abstract ]
  • The Opposite of Anarchy and the Transmission of Faith: The Freedom to Teach after Smith, Hosanna Tabor, Obergefell and the Ascendancy of Sexual Expressionism
    By: Helen Alvaré
    No. LS 15-26
    Date Posted: October 2015
    [Abstract ]
  • Unfair Methods of Competition after the 2015 Commission Statement
    By: Angela Diveley, Joshua Wright
    No. 15-39
    Date Posted: September 2015
    [Abstract ]
  • Micro-Symposium: Top Ten Rankings of the U.S. Supreme Court
    By: Ross Davies
    No. LS 15-24
    Date Posted: September 2015
    [Abstract ]
  • The Second Amendment
    By: Nelson Lund
    No. LS 15-23
    Date Posted: September 2015
    [Abstract ]
  • Reverse Payment Patent Settlements in the European Union and the United States
    By: Damien Geradin, Douglas Ginsburg, Graham Safty
    No. 15-38
    Date Posted: September 2015
    [Abstract ]
  • Applying Insider Trading Law to Congressmen, Government Officials, and the Political Intelligence Industry
    By: J.W. Verret
    No. 15-37
    Date Posted: September 2015
    [Abstract ]
  • The Securities Exchange Act Is a Material Girl, Living in a Material World: A Response to Bebchuk and Jackson’s “Shining Light on Corporate Political Spending”
    By: J.W. Verret
    No. 15-36
    Date Posted: September 2015
    [Abstract ]
  • Economic Analysis in Securities Enforcement: The Next Frontier at the SEC
    By: J.W. Verret
    No. 15-35
    Date Posted: September 2015
    [Abstract ]
  • Consumer Credit and the American Economy: An Overview
    By: Thomas A. Durkin, Gregory Elliehausen, Todd Zywicki
    No. 15-34
    Date Posted: September 2015
    [Abstract ]
  • The Law and Economics of Consumer Debt Collection and Its Regulation
    By: Todd Zywicki
    No. 15-33
    Date Posted: September 2015
    [Abstract ]
  • Public Opinion and the Second Amendment
    By: Nelson Lund
    No. LS 15-16
    Date Posted: September 2015
    [Abstract ]
  • Separation, Pooling, and Predictive Privacy Harms From Big Data: Confusing Benefits for Costs
    By: James Cooper
    No. 15-32
    Date Posted: September 2015
    [Abstract ]
  • Comment on the Canadian Competition Bureau’s Draft Updated Intellectual Property Enforcement Guidelines
    By: Douglas Ginsburg, Joshua Wright
    No. 15-31
    Date Posted: September 2015
    [Abstract ]
  • Comment on the Japan Fair Trade Commission’s Draft Partial Amendment to the Guidelines for the Use of Intellectual Property Under the Antimonopoly Act
    By: Douglas Ginsburg, Joshua Wright
    No. 15-30
    Date Posted: September 2015
    [Abstract ]
  • Bailment and the Property/Contract Interface
    By: Christopher Newman
    No. LS 15-12
    Date Posted: September 2015
    [Abstract ]
  • Should Uber Be Allowed to Compete in Europe? And If so How?
    By: Damien Geradin
    No. 15-29
    Date Posted: September 2015
    [Abstract ]
  • The Dodd-Frank Act Five Years Later: Are We More Stable?
    By: Todd Zywicki
    No. 15-28
    Date Posted: August 2015
    [Abstract ]
  • The Rule of Law During Times of Economic Crisis
    By: Todd Zywicki
    No. 15-27
    Date Posted: August 2015
    [Abstract ]
  • Rent-Seeking, Crony Capitalism, and the Crony Constitution
    By: Todd Zywicki
    No. 15-26
    Date Posted: August 2015
    [Abstract ]
  • The Consumer Financial Protection Bureau’s Arbitration Study: A Summary and Critique
    By: Jason Johnston, Todd Zywicki
    No. 15-25
    Date Posted: August 2015
    [Abstract ]
  • Revealing the Rapist Next Door: Property Impacts of a Sex Offender Registry
    By: Susan Yeh
    No. 15-24
    Date Posted: August 2015
    [Abstract ]
  • The Conceptual Relation Between IP Rights and Infringement Remedies
    By: Eric Claeys
    No. 15-23
    Date Posted: August 2015
    [Abstract ]
  • Becker, Coase, Tullock and Manne: A Personal Tribute
    By: Lloyd Cohen
    No. 15-22
    Date Posted: August 2015
    [Abstract ]
  • Habeas Libris: For Books in Need of a Reprieve
    By: Ross Davies
    No. LS 15-03
    Date Posted: August 2015
    [Abstract ]
  • Collateral Incentives to Arrest
    By: Elina Treyger
    No. LS 15-02
    Date Posted: August 2015
    [Abstract ]
  • Proportionality in Perspective: Historical Light on the Law of Armed Conflict
    By: Jeremy Rabkin
    No. LS 15-01
    Date Posted: June 2015
    [Abstract ]
  • “Reverse Carolene Products,” the End of the Second Reconstruction, and Other Thoughts on Schuette v. Coalition to Defend Affirmative Action
    By: David Bernstein
    No. 15-21
    Date Posted: June 2015
    [Abstract ]
  • The Law and Economics of Litigation
    By: Bruce Kobayashi
    No. 15-20
    Date Posted: June 2015
    [Abstract ]
  • What To Do About Federal Agency Science: Some Doubts About Regulatory Daubert
    By: David Bernstein
    No. 15-19
    Date Posted: June 2015
    [Abstract ]
  • Does the Magna Carta Embody a Proportionality Principle?
    By: Craig Lerner
    No. 15-18
    Date Posted: May 2015
    [Abstract ]
  • Patent Licensing and Secondary Markets in the Nineteenth Century
    By: Adam Mossoff
    No. 15-17
    Date Posted: May 2015
    [Abstract ]
  • Collective Redress for Antitrust Damages in the European Union: Is this a Reality Now?
    By: Damien Geradin
    No. 15-16
    Date Posted: May 2015
    [Abstract ]
  • Loyalty Rebates after Intel: Time for the European Court of Justice to Overrule Hoffman-La Roche
    By: Damien Geradin
    No. 15-15
    Date Posted: May 2015
    [Abstract ]
  • Metaphysical Univocity and the Immanent Frame: Defending Religious Liberty in a Secular Age?
    By: Harry Hutchison
    No. 15-13
    Date Posted: April 2015
    [Abstract ]
  • Judicial Treatment of Daubert Motions: An Empirical Examination
    By: James Cooper
    No. 15-12
    Date Posted: April 2015
    [Abstract ]
  • Patent Assertion Entities and Antitrust: A Competition Cure for a Litigation Disease?
    By: Douglas Ginsburg, Joshua Wright
    No. 15-11
    Date Posted: March 2015
    [Abstract ]
  • Amicus Brief in Obergefell v. Hodges
    By: Andrew Koppelman, Ilya Somin
    No. 15-10
    Date Posted: March 2015
    [Abstract ]
  • NFIB v. Sebelius and the Constitutional Debate over Federalism
    By: Ilya Somin
    No. 15-09
    Date Posted: March 2015
    [Abstract ]
  • The Costs of Regulatory Redundancy: Consumer Protection Oversight of Online Travel Agents and the Advantages of Sole FTC Jurisdiction
    By: James Cooper
    No. 15-08
    Date Posted: March 2015
    [Abstract ]
  • Living Originalism: The Magical Mystery Tour
    By: Nelson Lund
    No. 15-07
    Date Posted: February 2015
    [Abstract ]
  • On Engineering Urban Densification
    By: Steven Eagle
    No. 15-06
    Date Posted: February 2015
    [Abstract ]
  • Preemption in the Rehnquist and Roberts Courts: An Empirical Analysis
    By: Michael Greve, Jonathan Klick, Michael Petrino, J.P. Sevilla
    No. 15-05
    Date Posted: February 2015
    [Abstract ]
  • The Mainstreaming of Libertarian Constitutionalism
    By: David Bernstein, Ilya Somin
    No. 15-04
    Date Posted: February 2015
    [Abstract ]
  • Giving It Away at The Strand: A Short Story of Rights and Relationships in Intellectual Property
    By: Ross Davies
    No. 15-03
    Date Posted: February 2015
    [Abstract ]
  • The Law and Economics of Proportionality in Discovery
    By: Jonah Gelbach, Bruce Kobayashi
    No. 15-02
    Date Posted: January 2015
    [Abstract ]
  • Like Uber, But for Local Governmental Policy: The Future of Local Regulation of the “Sharing Economy”
    By: Daniel Rauch, David Schleicher
    No. 15-01
    Date Posted: January 2015
    [Abstract ]

2014

  • Anglo-American Dissent From the European Law of War: A History with Contemporary Echoes
    By: Jeremy Rabkin
    No. 14-68
    Date Posted: December 2014
    [Abstract ]
  • Opening Pandora’s Black Box: A Coasian 1937 View of Performance Rights Organizations in 2014
    By: Bruce Kobayashi
    No. 14-67
    Date Posted: December 2014
    [Abstract ]
  • Holmes, Coase & Blackmail
    By: Ross Davies
    No. 14-66
    Date Posted: December 2014
    [Abstract ]
  • Rational Basis With Economic Bite
    By: Douglas Ginsburg,
    No. 14-65
    Date Posted: December 2014
    [Abstract ]
  • Same-Sex Marriage and the “Reconceiving” of Children
    By: Helen Alvaré
    No. 14-64
    Date Posted: December 2014
    [Abstract ]
  • Hayek’s Jurisprudence: And Ratnapala’s Hayek
    By: Todd Zywicki
    No. 14-63
    Date Posted: November 2014
    [Abstract ]
  • Actavis and Multiple ANDA Entrants: Beyond the Temporary Duopoly
    By: Douglas Ginsburg, Bruce Kobayashi, Joanna Tsai, Joshua Wright
    No. 14-62
    Date Posted: November 2014
    [Abstract ]
  • Things Aren’t Going That Well Over There Either: Party Polarization and Election Law in Comparative Perspective
    By: David Schleicher
    No. 14-61
    Date Posted: November 2014
    [Abstract ]
  • Libertarianism and Originalism in The Classical Liberal Constitution
    By: Ilya Somin
    No. 14-60
    Date Posted: November 2014
    [Abstract ]
  • Bork’s “Legislative Intent” and the Courts
    By: Douglas Ginsburg
    No. 14-59
    Date Posted: November 2014
    [Abstract ]
  • Enjoining Injunctions: The Case Against Antitrust Liability for Standard Essential Patent Holders Who Seek Injunctions
    By: Taylor M. Owings
    No. 14-58
    Date Posted: October 2014
    [Abstract ]
  • Introduction and Overview of Consumer Credit: Development, Uses, Kinds, and Policy Issues
    By: Thomas A. Durkin, Gregory Elliehausen, Michael E. Staten, Todd Zywicki
    No. 14-57
    Date Posted: October 2014
    [Abstract ]
  • Administrative Law Without Congress: Of Rewrites, Shell Games, and Big Waivers
    By: Michael Greve, Ashley Parrish
    No. 14-56
    Date Posted: October 2014
    [Abstract ]
  • Libertarianism and Federalism
    By: Ilya Somin
    No. 14-55
    Date Posted: October 2014
    [Abstract ]
  • Baseball and the U.S. Constitution, Circa 1887
    By: Ross Davies
    No. 14-54
    Date Posted: October 2014
    [Abstract ]
  • Lego and Law: Linking the Gilded Age and Today
    By: Ross Davies
    No. 14-53
    Date Posted: October 2014
    [Abstract ]
  • Breakfast with the Justices: Networking in the Nineteenth Century
    By: Ross Davies
    No. 14-52
    Date Posted: October 2014
    [Abstract ]
  • Globalization and the Pursuit of Decent Work: Can the ILO Deliver?
    By: Harry Hutchison
    No. 14-51
    Date Posted: October 2014
    [Abstract ]
  • The Behavioral Law and Economics of Fixed-Rate Mortgages (and Other Just-So Stories)
    By: Todd Zywicki
    No. 14-50
    Date Posted: October 2014
    [Abstract ]
  • Bruno Leoni’s Legacy and Continued Relevance
    By: Todd Zywicki
    No. 14-49
    Date Posted: September 2014
    [Abstract ]
  • Fixing Fuller's Record: The Green Bag and the U.S. Reports
    By: Ross Davies
    No. 14-48
    Date Posted: September 2014
    [Abstract ]
  • Welcome to New Columbia: The Fiscal, Economic and Political Consequences of Statehood for D.C.
    By: David Schleicher
    No. 14-47
    Date Posted: September 2014
    [Abstract ]
  • An Assessment of Behavioral Law and Economics Contentions and What We Know Empirically about Credit Card Use by Consumers
    By: Thomas A. Durkin, Gregory Elliehausen, Todd Zywicki
    No. 14-46
    Date Posted: September 2014
    [Abstract ]
  • Commentary on CFPB Report: Data Point: Checking Account Overdraft
    By: G. Michael Flores, Todd Zywicki
    No. 14-45
    Date Posted: September 2014
    [Abstract ]
  • Foreword to The Rise of ISIS: A Threat We Can't Ignore by Jay Sekulow
    By: Harry Hutchison
    No. 14-44
    Date Posted: September 2014
    [Abstract ]
  • Navigating Conflicts in Cyberspace: Legal Lessons from the History of War at Sea
    By: Ariel Rabkin, Jeremy Rabkin
    No. 14-43
    Date Posted: September 2014
    [Abstract ]
  • Thanks for the Thanks: An Appreciation of the Author Note
    By: Ross Davies
    No. 14-42
    Date Posted: September 2014
    [Abstract ]
  • A Brief History of Software Patents (and Why They're Valid)
    By: Adam Mossoff
    No. 14-41
    Date Posted: September 2014
    [Abstract ]
  • Supreme Court Sluggers: James Iredell
    By: Ross Davies
    No. 14-40
    Date Posted: September 2014
    [Abstract ]
  • The Tax Lawyer as Gatekeeper
    By: Rachelle Holmes Perkins
    No. 14-39
    Date Posted: August 2014
    [Abstract ]
  • Deconstructing the Rules of Corporate Tax
    By: Rachelle Holmes Perkins
    No. 14-38
    Date Posted: August 2014
    [Abstract ]
  • Even Republics Must Sometimes Strike Back
    By: Jeremy Rabkin
    No. 14-37
    Date Posted: August 2014
    [Abstract ]
  • Keynote Address: Is There a George Mason School of Law and Economics?
    By: Todd Zywicki
    No. 14-36
    Date Posted: August 2014
    [Abstract ]
  • Off the Track or Just Down the Line? From Erie Railroad to Global Governance
    By: Jeremy Rabkin
    No. 14-35
    Date Posted: August 2014
    [Abstract ]
  • Forcing Cooperation: A Strategy for Improving Tax Compliance
    By: Rachelle Holmes Perkins
    No. 14-34
    Date Posted: August 2014
    [Abstract ]
  • Salience and Sin: Designing Taxes in the New Sin Era
    By: Rachelle Holmes Perkins
    No. 14-33
    Date Posted: August 2014
    [Abstract ]
  • City Replanning
    By: Roderick Hills, David Schleicher
    No. 14-32
    Date Posted: August 2014
    [Abstract ]
  • Intellectual Property and Property Rights
    By: Adam Mossoff
    No. 14-31
    Date Posted: August 2014
    [Abstract ]
  • Does Price Discrimination Intensify Competition? Implications for Antitrust
    By: James Cooper, Luke Froeb, Daniel O'Brien, Steven Tschantz
    No. 14-30
    Date Posted: July 2014
    [Abstract ]
  • Competing Visions of Patentable Subject Matter
    By: Tun-Jen Chiang
    No. 14-29
    Date Posted: July 2014
    [Abstract ]
  • A Return to Coercion: International Law and New Weapons Technologies
    By: Jeremy Rabkin, John Yoo
    No. 14-28
    Date Posted: July 2014
    [Abstract ]
  • Removal: Necessary and Sufficient for Presidential Control
    By: Neomi Rao
    No. 14-27
    Date Posted: July 2014
    [Abstract ]
  • The Method of Law and Economics: Lectures on the George Mason School: Lecture 1-What Matters?
    By: Jeffrey Parker
    No. 14-26
    Date Posted: June 2014
    [Abstract ]
  • Learning Law and Economics
    By: Jeffrey Parker
    No. 14-25
    Date Posted: June 2014
    [Abstract ]
  • Civil Procedure Reconsidered
    By: Jeffrey Parker
    No. 14-24
    Date Posted: June 2014
    [Abstract ]
  • The Perils of Regulatory Property in Land Use Regulation
    By: Steven Eagle
    No. 14-23
    Date Posted: June 2014
    [Abstract ]
  • O’Reilly v. Morse
    By: Adam Mossoff
    No. 14-22
    Date Posted: June 2014
    [Abstract ]
  • A Christmas Gift for the Supreme Court: How a 1959 Holiday Party Eclipsed a History of Discrimination
    By: Ross Davies
    No. 14-21
    Date Posted: June 2014
    [Abstract ]
  • Affirmative Action: Between the Oikos and the Cosmos
    By: Harry Hutchison
    No. 14-20
    Date Posted: June 2014
    [Abstract ]
  • From Progressivism to Modern Liberalism: Louis D. Brandeis as a Transitional Figure in Constitutional Law
    By: David Bernstein
    No. 14-19
    Date Posted: June 2014
    [Abstract ]
  • Price Controls on Payment Card Interchange Fees: The U.S. Experience
    By: Geoffrey A. Manne, Julian Morris, Todd Zywicki
    No. 14-18
    Date Posted: June 2014
    [Abstract ]
  • Natural Experiments in Mobile Phone Regulation: Estimated Effects of Prohibiting Handset Bundling in Finland and Belgium
    By: Thomas Hazlett, Sarah Oh, Brent Skorup
    No. 14-17
    Date Posted: May 2014
    [Abstract ]
  • Efficient Spectrum Reallocation With Hold-Ups and Without Nirvana
    By: Thomas Hazlett
    No. 14-16
    Date Posted: May 2014
    [Abstract ]
  • Brief of Amici Curiae Professors of Intellectual Property Law in Support of Google, Inc. and YouTube, LLC’s Petition for Rehearing En Banc in Garcia v. Google, Inc.
    By: Julie Ahrens, Christopher Newman, Christopher Sprigman
    No. 14-15
    Date Posted: May 2014
    [Abstract ]
  • A “Bare … Purpose To Harm”? Marriage and Catholic Conscience Post-Windsor
    By: Helen Alvaré
    No. 14-14
    Date Posted: May 2014
    [Abstract ]
  • Recognition and Volition: Remembering the Retirement of Justice Gabriel Duvall
    By: Ross Davies
    No. 14-13
    Date Posted: April 2014
    [Abstract ]
  • Schuette v. Coalition to Defend Affirmative Action and the Failed Attempt to Square a Circle
    By: David Bernstein
    No. 14-12
    Date Posted: April 2014
    [Abstract ]
  • The Second Amendment and the Inalienable Right to Self-Defense
    By: Nelson Lund
    No. 14-11
    Date Posted: April 2014
    [Abstract ]
  • Pioneer of Retirement: Justice Samuel Nelson
    By: Ross Davies
    No. 14-10
    Date Posted: April 2014
    [Abstract ]
  • Estimating the Effects of Immigration Enforcement on Local Policing and Crime: Evidence from the Secure Communities
    By: Aaron Chalfin, Charles Loeffler, Elina Treyger
    No. 14-09
    Date Posted: March 2014
    [Abstract ]
  • Extrajudicial Reticence: Nine Justices Take a Brief Break from Constitutional Commentary
    By: Ross Davies
    No. 14-08
    Date Posted: March 2014
    [Abstract ]
  • Response to ‘Pervasive Sequence Patents Cover the Entire Human Genome’
    By: Jorge L. Contreras, Gregory Dolin, Yaniv Heled, Christopher M. Holman, Adam Mossoff, Lee Petherbridge, Michael Risch, Ted M. Sichelman, Shine Tu
    No. 14-07
    Date Posted: March 2014
    [Abstract ]
  • The Hon. Diane P. Wood and the Case of the Missing Commission
    By: Ross Davies
    No. 14-06
    Date Posted: March 2014
    [Abstract ]
  • Behavior, Paternalism, and Policy: Evaluating Consumer Financial Protection
    By: Adam C. Smith, Todd Zywicki
    No. 14-05
    Date Posted: March 2014
    [Abstract ]
  • Uncertainty, Evolution, and Behavioral Economic Theory
    By: Geoffrey A. Manne, Todd Zywicki
    No. 14-04
    Date Posted: March 2014
    [Abstract ]
  • The Deportation Conundrum
    By: Elina Treyger
    No. 14-03
    Date Posted: January 2014
    [Abstract ]
  • 'What Exactly Are You Implying?': The Elusive Nature of the Implied Copyright License
    By: Christopher Newman
    No. 14-02
    Date Posted: January 2014
    [Abstract ]
  • Resolving Conflicts between Competition and Other Values: The Roles of Courts and Other Institutions in the U.S. and the E.U.
    By: Douglas Ginsburg, Daniel E. Haar
    No. 14-01
    Date Posted: January 2014
    [Abstract ]

2013

  • The Borkean Dilemma: Robert Bork and the Tension between Originalism and Democracy
    By: Ilya Somin
    No. 13-72
    Date Posted: December 2013
    [Abstract ]
  • Whither Symmetry? Antitrust Analysis of Intellectual Property Rights at the FTC and DOJ
    By: Douglas Ginsburg, Joshua Wright
    No. 13-71
    Date Posted: December 2013
    [Abstract ]
  • The Behavior of Federal Judges: A View from the D.C. Circuit
    By: Douglas Ginsburg
    No. 13-70
    Date Posted: December 2013
    [Abstract ]
  • The Interpretation-Construction Distinction in Patent Law
    By: Tun-Jen Chiang, Lawrence Solum
    No. 13-69
    Date Posted: December 2013
    [Abstract ]
  • Ampersand, Tornillo, and Citizens United: The First Amendment, Corporate Speech, and the NLRB
    By: Harry Hutchison
    No. 13-68
    Date Posted: December 2013
    [Abstract ]
  • The Four-Factor Penn Central Regulatory Takings Test
    By: Steven Eagle
    No. 13-67
    Date Posted: November 2013
    [Abstract ]
  • Payday Lending, Bank Overdraft Protection, and Fair Competition at the Consumer Financial Protection Bureau
    By: Robert Clarke, Todd Zywicki
    No. 13-66
    Date Posted: November 2013
    [Abstract ]
  • Feeding the Right Stuff
    By: Ross Davies
    No. 13-65
    Date Posted: November 2013
    [Abstract ]
  • Koontz in the Mansion and the Gatehouse
    By: Steven Eagle
    No. 13-64
    Date Posted: November 2013
    [Abstract ]
  • Local Government Law’s “Law and ___” Problem
    By: David Schleicher
    No. 13-63
    Date Posted: November 2013
    [Abstract ]
  • The Construction of Morals
    By: Daniel Chen, Susan Yeh
    No. 13-62
    Date Posted: November 2013
    [Abstract ]
  • The Perils of Excessive Discretion: The Elusive Meaning of Unfairness in Section 5 of the FTC Act
    By: James Cooper
    No. 13-61
    Date Posted: November 2013
    [Abstract ]
  • Commentary: CFPB Study of Overdraft Programs
    By: G. Michael Flores, Todd Zywicki
    No. 13-60
    Date Posted: November 2013
    [Abstract ]
  • Penn Central and Its Reluctant Muftis
    By: Steven Eagle
    No. 13-59
    Date Posted: November 2013
    [Abstract ]
  • Credit Where It’s Due: How Payment Cards Benefit Canadian Merchants and Consumers, and How Regulation Can Harm Them
    By: Ian Lee, Geoffrey A. Manne, Julian Morris, Todd Zywicki
    No. 13-58
    Date Posted: October 2013
    [Abstract ]
  • Sue, Settle, and Shut Out the States: Destroying the Environmental Benefits of Cooperative Federalism
    By: Henry Butler, Nathaniel Harris
    No. 13-57
    Date Posted: October 2013
    [Abstract ]
  • Law’s Information Revolution as Procedural Reform: Predictive Search as a Solution to the In Terrorem Effect of Externalized Discovery Costs
    By: Bruce Kobayashi
    No. 13-56
    Date Posted: October 2013
    [Abstract ]
  • Conspirators’ Privilege and Innocents’ Refuge: A New Approach to Joint Defense Agreements
    By: Craig Lerner
    No. 13-55
    Date Posted: October 2013
    [Abstract ]
  • Alternate Dispute Financing and Legal Ethics: Free the Lawyers!
    By: Michael Krauss
    No. 13-54
    Date Posted: October 2013
    [Abstract ]
  • Comment on FTC Strategic Plan 2014-2018
    By: James Cooper
    No. 13-53
    Date Posted: September 2013
    [Abstract ]
  • Life Without Parole as a Conflicted Punishment
    By: Craig Lerner
    No. 13-50
    Date Posted: September 2013
    [Abstract ]
  • Preface 2013: The Capacity to Be Taxed Is the Capacity to Self-Destruct
    By: Ross Davies
    No. 13-52
    Date Posted: September 2013
    [Abstract ]
  • The Increasingly Lengthy Long Run of the Law Reviews: Law Review Business 2012 – Circulation and Production
    By: Ross Davies
    No. 13-51
    Date Posted: September 2013
    [Abstract ]
  • Activating Actavis: Economic Issues in Applying the Rule of Reason to Reverse Payment Settlements
    By: Sumanth Addanki, Henry Butler
    No. 13-49
    Date Posted: September 2013
    [Abstract ]
  • Two Steps Forward for the “Poor Relation” of Constitutional Law: Koontz, Arkansas Game & Fish, and the Future of the Takings Clause
    By: Ilya Somin
    No. 13-48
    Date Posted: September 2013
    [Abstract ]
  • The Trouble with Dignity and Rights of Recognition
    By: Neomi Rao
    No. 13-47
    Date Posted: August 2013
    [Abstract ]
  • Jury Ignorance and Political Ignorance
    By: Ilya Somin
    No. 13-46
    Date Posted: August 2013
    [Abstract ]
  • The Impact of Judicial Review on American Federalism: Promoting Centralization More than State Autonomy
    By: Ilya Somin
    No. 13-45
    Date Posted: August 2013
    [Abstract ]
  • Constitutional Abortion and Culture
    By: Helen Alvaré
    No. 13-44
    Date Posted: August 2013
    [Abstract ]
  • On the Use and Abuse of Overflight Column Doctrine
    By: Eric Claeys
    No. 13-43
    Date Posted: July 2013
    [Abstract ]
  • Antitrust Courts: Specialists Versus Generalists
    By: Douglas Ginsburg, Joshua Wright
    No. 13-42
    Date Posted: July 2013
    [Abstract ]
  • Rehabilitating the Property Theory of Copyright's First Amendment Exemption
    By: Tun-Jen Chiang
    No. 13-41
    Date Posted: July 2013
    [Abstract ]
  • An Exclusive License is Not an Assignment: Disentangling Divisibility and Transferability of Ownership in Copyright
    By: Christopher Newman
    No. 13-40
    Date Posted: June 2013
    [Abstract ]
  • Privacy and Antitrust: Underpants Gnomes, the First Amendment, and Subjectivity
    By: James Cooper
    No. 13-39
    Date Posted: June 2013
    [Abstract ]
  • Learned Hand Sings, Part One: Liner Notes for "Songs of His Youth"
    By: Ross Davies
    No. 13-38
    Date Posted: June 2013
    [Abstract ]
  • Taking Dissenting by Deciding all the Way Down
    By: Ilya Somin
    No. 13-37
    Date Posted: June 2013
    [Abstract ]
  • Achieving Our Future in the Age of Obama?: Lochner, Progressive Constitutionalism, and African-American Progress
    By: Harry Hutchison
    No. 13-36
    Date Posted: June 2013
    [Abstract ]
  • No Compelling Interest: the "Birth Control" Mandate and Religious Freedom
    By: Helen Alvaré
    No. 13-35
    Date Posted: May 2013
    [Abstract ]
  • White Blackbirds: Defining the Exceptional Cybersquatter
    By: Joshua Cumby
    No. 13-34
    Date Posted: May 2013
    [Abstract ]
  • The Seventeenth Amendment and Federalism in an Age of National Political Parties
    By: David Schleicher
    No. 13-33
    Date Posted: May 2013
    [Abstract ]
  • Available At: Introducing a Nearly Vast Amount of Work to be Done
    By: Ross Davies
    No. 13-32
    Date Posted: May 2013
    [Abstract ]
  • The Choice to Protect: Rethinking Responsibility for Humanitarian Intervention
    By: Neomi Rao
    No. 13-31
    Date Posted: May 2013
    [Abstract ]
  • Supreme Court Sluggers: Samuel A. Alito of the Philadelphia Phillies and Marvin Miller of the MLBPA
    By: Ross Davies
    No. 13-30
    Date Posted: May 2013
    [Abstract ]
  • On the "Property" and the "Tort" in Trespass
    By: Eric Claeys
    No. 13-29
    Date Posted: April 2013
    [Abstract ]
  • Lochner, Liberty of Contract and Paternalism: Revising the Revisionists?
    By: Harry Hutchison
    No. 13-28
    Date Posted: April 2013
    [Abstract ]
  • Mandatory Liability Insurance for Firearm Owners: Design Choices and Second Amendment Limits
    By: Stephen Gilles, Nelson Lund
    No. 13-26
    Date Posted: April 2013
    [Abstract ]
  • How Copyright Drives Innovation in Scholarly Publishing
    By: Adam Mossoff
    No. 13-25
    Date Posted: April 2013
    [Abstract ]
  • Systematically Biased Beliefs About Political Influence: Evidence from the Perceptions of Political Influence on Policy Outcomes Survey
    By: Bryan Caplan, Eric Crampton, Wayne Grove, Ilya Somin
    No. 13-24
    Date Posted: March 2013
    [Abstract ]
  • Same-sex Marriage in the Courts of Law and Reason
    By: Nelson Lund
    No. 13-23
    Date Posted: March 2013
    [Abstract ]
  • The Goals of Antitrust: Welfare Trumps Choice
    By: Douglas Ginsburg, Joshua Wright
    No. 13-22
    Date Posted: March 2013
    [Abstract ]
  • The Daubert Counterrevolution
    By: David Bernstein
    No. 13-21
    Date Posted: March 2013
    [Abstract ]
  • Private Lawdrafting, Intellectual Property, and Public Laws
    By: Bruce Kobayashi, Larry Ribstein
    No. 13-20
    Date Posted: March 2013
    [Abstract ]
  • The Conservative Origins of Strict Scrutiny
    By: David Bernstein
    No. 13-19
    Date Posted: March 2013
    [Abstract ]
  • Antitrust Settlements: The Culture of Consent
    By: Douglas Ginsburg, Joshua Wright
    No. 13-18
    Date Posted: February 2013
    [Abstract ]
  • Behavioral Economics and its Meaning for Antitrust Agency Decision Making
    By: James L. Cooper, William Kovacic
    No. 13-17
    Date Posted: February 2013
    [Abstract ]
  • Catholic Teaching and the Law Concerning the New Reproductive Technologies
    By: Helen Alvaré
    No. 13-16
    Date Posted: February 2013
    [Abstract ]
  • "Economic Impact" in Regulatory Takings Law
    By: Steven Eagle
    No. 13-15
    Date Posted: February 2013
    [Abstract ]
  • Preemption in the Rehnquist Court: A Preliminary Empirical Assessment
    By: Michael Greve, Jonathan Klick
    No. 13-14
    Date Posted: February 2013
    [Abstract ]
  • Behavioral Economics: Implications for Regulatory Behavior
    By: James Cooper, William Kovacic
    No. 13-13
    Date Posted: February 2013
    [Abstract ]
  • The Case for Regulating Collaborative Reproduction: A Children's Rights Perspective
    By: Helen Alvaré
    No. 13-12
    Date Posted: February 2013
    [Abstract ]
  • Baseball Players, Owners, Unions, and Trusts: The Roots and Rise of the Major League Baseball Players Association
    By: Ross Davies
    No. 13-10
    Date Posted: February 2013
    [Abstract ]
  • Greatness of Soul 3
    By: Nelson Lund
    No. 13-11
    Date Posted: February 2013
    [Abstract ]
  • American Exceptionalism
    By: Francis Buckley
    No. 13-09
    Date Posted: February 2013
    [Abstract ]
  • Cite Club
    By: Ross Davies
    No. 13-08
    Date Posted: January 2013
    [Abstract ]
  • Sentenced to Confusion: Miller v. Alabama and the Coming Wave of Eighth Amendment Cases
    By: Craig Lerner
    No. 13-07
    Date Posted: January 2013
    [Abstract ]
  • The Economics and Regulation of Network Branded Prepaid Cards
    By: Todd Zywicki
    No. 13-06
    Date Posted: January 2013
    [Abstract ]
  • Micro-Symposium on Orin Kerr's "A Theory of Law"
    By: Ross Davies
    No. 13-05
    Date Posted: January 2013
    [Abstract ]
  • What Would Predatory Pricing Law be without John McGee? A Reply to Professor Leslie
    By: Joshua Wright
    No. 13-04
    Date Posted: January 2013
    [Abstract ]
  • Do Expert Agencies Outperform Generalist Judges? Some Preliminary Evidence from the Federal Trade Commission
    By: Angela Diveley, Joshua Wright
    No. 13-03
    Date Posted: January 2013
    [Abstract ]
  • Productive Use in Acquisition, Accession, and Labour Theory
    By: Eric Claeys
    No. 13-02
    Date Posted: January 2013
    [Abstract ]
  • Migration and Violent Crime: Lessons from the Russian Experience
    By: Elina Treyger
    No. 13-01
    Date Posted: January 2013
    [Abstract ]
  • Encroachment, Adverse Possession, and Labor Theory
    By: Eric Claeys
    No. 12-21
    Date Posted: September 2013
    [Abstract ]

2012

  • The Cosmic Mystery of Judicial Restraint: J. Harvie Wilkinson III's Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance
    By: Nelson Lund
    No. 12-84
    Date Posted: December 2012
    [Abstract ]
  • First-to-File as a Rule of Evidence
    By: Tun-Jen Chiang
    No. 12-83
    Date Posted: December 2012
    [Abstract ]
  • A Woman's Laws and a Man's: Eros and Thumos in Rousseau's Julie, or The New Heloise (1761) and The Deer Hunter (1978)
    By: Nelson Lund
    No. 12-82
    Date Posted: December 2012
    [Abstract ]
  • Turning Federalism Right-Side Up
    By: Ilya Somin
    No. 12-81
    Date Posted: December 2012
    [Abstract ]
  • A Prospective Look at Property Rights and Environmental Regulation
    By: Steven Eagle
    No. 12-80
    Date Posted: December 2012
    [Abstract ]
  • Atlas Croaks, Supreme Court Shrugs
    By: Michael Greve
    No. 12-79
    Date Posted: November 2012
    [Abstract ]
  • Libertarianism, Law and Economics, and the Common Law
    By: Todd Zywicki
    No. 12-78
    Date Posted: November 2012
    [Abstract ]
  • An Anthropology for the Family Law of Indis/solubility
    By: Helen Alvaré
    No. 12-77
    Date Posted: November 2012
    [Abstract ]
  • U.S. Convergence with International Competition Norms: Antitrust Law and Public Restraints on Competition
    By: James L. Cooper
    No. 12-76
    Date Posted: November 2012
    [Abstract ]
  • Our Federalism is Not Europe's. It's Becoming Argentina's.
    By: Michael Greve
    No. 12-75
    Date Posted: November 2012
    [Abstract ]
  • The 20th Century Decline in the Private Cost to Women of Non-Marital Sex: Causes and Consequences
    By: Lloyd Cohen
    No. 12-74
    Date Posted: November 2012
    [Abstract ]
  • The Individual Mandate and the Proper Meaning of "Proper"
    By: Ilya Somin
    No. 12-73
    Date Posted: October 2012
    [Abstract ]
  • The Popular Prosecutor: Mr. District Attorney and the Television Stars of American Law
    By: Ross Davies
    No. 12-72
    Date Posted: October 2012
    [Abstract ]
  • On Cowbells in Rock Anthems (and Property in IP): A Comment on Justifying Intellectual Property
    By: Eric Claeys
    No. 12-71
    Date Posted: October 2012
    [Abstract ]
  • Curbing Its Enthusiasm: U.S. Federal Policy and the Unitary Family
    By: Helen Alvaré
    No. 12-70
    Date Posted: October 2012
    [Abstract ]
  • In Search of Helpful Legal Scholarship, Part 2: Shall We Dance
    By: Ross Davies
    No. 12-69
    Date Posted: October 2012
    [Abstract ]
  • Foot Voting, Federalism, and Political Freedom
    By: Ilya Somin
    No. 12-68
    Date Posted: October 2012
    [Abstract ]
  • From Here All-the-Way-Down, Or How to Write a Festschrift Piece
    By: David Schleicher
    No. 12-67
    Date Posted: October 2012
    [Abstract ]
  • Father-Absence, Social Equality and Social Progress
    By: Helen Alvaré
    No. 12-66
    Date Posted: October 2012
    [Abstract ]
  • Greatness of Soul 2
    By: Nelson Lund
    No. 12-65
    Date Posted: October 2012
    [Abstract ]
  • Moral Hazard in Mutual Fund Management: The Quality-Assuring Role of Fees
    By: Michael Habib, D. Bruce Johnsen
    No. 12-64
    Date Posted: September 2012
    [Abstract ]
  • Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty
    By: Douglas Ginsburg, Joshua Wright
    No. 12-63
    Date Posted: September 2012
    [Abstract ]
  • Catholic Social Thought and United States Family Law: Models of Interaction
    By: Helen Alvaré
    No. 12-62
    Date Posted: September 2012
    [Abstract ]
  • Moving Beyond Naive Foreclosure Analysis
    By: Joshua Wright
    No. 12-61
    Date Posted: September 2012
    [Abstract ]
  • Beyond the Sex-Ed Wars: Addressing Disadvantaged Single Mothers' Search for Community
    By: Helen Alvaré
    No. 12-60
    Date Posted: September 2012
    [Abstract ]
  • Rich, Smart, Honest?: Does Success Lead to Unethical Lawyering?
    By: , Michael Krauss
    No. 12-59
    Date Posted: September 2012
    [Abstract ]
  • Bishops v. Nuns in Jeeps? Why a Facially "Intra-Catholic" Health Care Dispute Matters
    By: Helen Alvaré
    No. 12-58
    Date Posted: September 2012
    [Abstract ]
  • A Response to Professor I. Glenn Cohen's "Regulating Reproduction: The Problem with Best Interests"
    By: Helen Alvaré
    No. 12-57
    Date Posted: September 2012
    [Abstract ]
  • Three Key Principles for Revising the Horizontal Merger Guidelines
    By: Timothy Muris, Bilal Sayyed
    No. 12-56
    Date Posted: August 2012
    [Abstract ]
  • Exactitude in Defining Rights: Radio Spectrum and the "Harmful Interference" Conundrum
    By: Thomas Hazlett, Sarah Oh
    No. 12-55
    Date Posted: August 2012
    [Abstract ]
  • Marshall's Maps, the U.S. Reports, and the New Judicial Restraint
    By: Ross Davies
    No. 12-53
    Date Posted: August 2012
    [Abstract ]
  • The Trespass Fallacy in Patent Law
    By: Adam Mossoff
    No. 12-54
    Date Posted: August 2012
    [Abstract ]
  • The Long Shadow of Standard Oil: Policy, Petroleum, and Politics at the Federal Trade Commission
    By: Timothy Muris, Bilal Sayyed
    No. 12-52
    Date Posted: August 2012
    [Abstract ]
  • The Information Value of Patent Claims
    By: Tun-Jen Chiang
    No. 12-51
    Date Posted: August 2012
    [Abstract ]
  • The Consumer Financial Protection Bureau: Savior or Menace?
    By: Todd Zywicki
    No. 12-50
    Date Posted: August 2012
    [Abstract ]
  • In Defense of the Pfizer Factors
    By: Howard Beales, Timothy Muris, Robert Pitofsky
    No. 12-49
    Date Posted: June 2012
    [Abstract ]
  • Dynamic Analysis and the Limits of Antitrust Institutions
    By: Douglas Ginsburg, Joshua Wright
    No. 12-48
    Date Posted: June 2012
    [Abstract ]
  • Legal Process and the Discovery of Better Policies for Fostering Innovation and Growth
    By: Henry Butler, Larry Ribstein
    No. 12-47
    Date Posted: June 2012
    [Abstract ]
  • A Defense of Common Law Environmentalism: The Discovery of Better Environmental Policy
    By: Henry Butler
    No. 12-46
    Date Posted: June 2012
    [Abstract ]
  • The Antitrust/Consumer Protection Paradox: Two Policies at War with Each Other
    By: Joshua Wright
    No. 12-45
    Date Posted: May 2012
    [Abstract ]
  • No Conservative Consensus Yet: Douglas Ginsburg, Brett Kavanaugh, and Diane Sykes on the Second Amendment
    By: Nelson Lund
    No. 12-44
    Date Posted: May 2012
    [Abstract ]
  • The Pastiche Prosecutor: A Speculative Introduction to Mr. District Attorney
    By: Ross Davies
    No. 12-43
    Date Posted: May 2012
    [Abstract ]
  • Rethinking Urban Development
    By: Steven Eagle
    No. 12-42
    Date Posted: May 2012
    [Abstract ]
  • Judicial Takings and State Takings
    By: Steven Eagle
    No. 12-41
    Date Posted: May 2012
    [Abstract ]
  • Districting for a Low-Information Electorate
    By: Christopher Elmendorf, David Schleicher
    No. 12-40
    Date Posted: May 2012
    [Abstract ]
  • Abandoning Antitrust's Chicago Obsession: The Case for Evidence-Based Antitrust
    By: Joshua Wright
    No. 12-39
    Date Posted: May 2012
    [Abstract ]
  • The Senate and Hyper-Partisanship: Would the Constitution Look Different if the Framers had Known that Senators would be Elected in Partisan Elections?
    By: Todd Zywicki
    No. 12-38
    Date Posted: May 2012
    [Abstract ]
  • The Location Market
    By: Daniel B. Rodriguez, David Schleicher
    No. 12-37
    Date Posted: April 2012
    [Abstract ]
  • Unequal Altruism and the Voting Paradox
    By: Tun-Jen Chiang
    No. 12-36
    Date Posted: April 2012
    [Abstract ]
  • Regulating Cybersecurity
    By: Nathan Sales
    No. 12-35
    Date Posted: April 2012
    [Abstract ]
  • How West Law was Made: The Company, its Products, and its Promotions
    By: Ross Davies
    No. 12-34
    Date Posted: April 2012
    [Abstract ]
  • Stare Decisis and Originalism: Judicial Disengagement from the Supreme Court's Errors
    By: Nelson Lund
    No. 12-33
    Date Posted: April 2012
    [Abstract ]
  • Second Amendment Standards of Review in a Heller World
    By: Nelson Lund
    No. 12-32
    Date Posted: March 2012
    [Abstract ]
  • Chicago, Post-Chicago, and Beyond: Time to Let Go of the 20th Century
    By: Bruce Kobayashi, Timothy Muris
    No. 12-31
    Date Posted: March 2012
    [Abstract ]
  • Supreme Court Sluggers: Introducing the Scalia, Fortas and Goldberg/Miller Trading Cards
    By: Daniel Chen, Ross Davies, Craig D. Rust
    No. 12-30
    Date Posted: March 2012
    [Abstract ]
  • In Search of Helpful Legal Scholarship, Part 1
    By: Ross Davies
    No. 12-29
    Date Posted: March 2012
    [Abstract ]
  • Originalism and Political Ignorance
    By: Ilya Somin
    No. 12-28
    Date Posted: March 2012
    [Abstract ]
  • Bundle-of-Sticks Notions in Legal and Economic Scholarship
    By: Eric Claeys
    No. 12-27
    Date Posted: March 2012
    [Abstract ]
  • City Unplanning
    By: David Schleicher
    No. 12-26
    Date Posted: March 2012
    [Abstract ]
  • Blackmun's Books: What a Justice Read and What it Means for a Justice to "Read"
    By: Ross Davies
    No. 12-25
    Date Posted: February 2012
    [Abstract ]
  • Informing Consent: Voter Ignorance, Political Parties, and Election Law
    By: Christopher Elmendorf, David Schleicher
    No. 12-24
    Date Posted: February 2012
    [Abstract ]
  • A License is not a "Contract not to Sue": Disentangling Property and Contract in the Law of Copyright Licenses
    By: Christopher Newman
    No. 12-23
    Date Posted: February 2012
    [Abstract ]
  • To Fund or Not to Fund: The Need for Second Best Solutions to the Litigation Finance Dilemma
    By:
    No. 12-22
    Date Posted: February 2012
    [Abstract ]
  • Remedial Nonacquiescence
    By: Ross Davies
    No. 12-20
    Date Posted: February 2012
    [Abstract ]
  • The Contractual Theory of the Corporation
    By: Henry Butler
    No. 12-19
    Date Posted: February 2012
    [Abstract ]
  • Reversing: Undoing Bad Laws and Bad Judicial Decisions
    By: Francis Buckley
    No. 12-18
    Date Posted: February 2012
    [Abstract ]
  • The Foundations of the U.S. Judiciary
    By: Nelson Lund, Eugene Meyer
    No. 12-17
    Date Posted: February 2012
    [Abstract ]
  • Exclusion and Private Law Theory: A Comment on Property as the Law of Things
    By: Eric Claeys
    No. 12-16
    Date Posted: February 2012
    [Abstract ]
  • Law Review Circulation 2011: More Change, More Same
    By: Ross Davies
    No. 12-15
    Date Posted: February 2012
    [Abstract ]
  • Defining and Measuring Search Bias: Some Preliminary Evidence
    By: Joshua Wright
    No. 12-14
    Date Posted: February 2012
    [Abstract ]
  • What if Kelo v. City of New London Had Gone the Other Way?
    By: Ilya Somin
    No. 12-13
    Date Posted: February 2012
    [Abstract ]
  • The False Promise of the Right to Exclude
    By: Adam Mossoff
    No. 12-12
    Date Posted: February 2012
    [Abstract ]
  • Foot Voting, Political Ignorance, and Constitutional Design
    By: Ilya Somin
    No. 12-11
    Date Posted: February 2012
    [Abstract ]
  • The Usefulness of Constitutional Law
    By: Nelson Lund
    No. 12-10
    Date Posted: February 2012
    [Abstract ]
  • A Medical Liability Toolkit, Including ADR
    By: Michael Krauss
    No. 12-09
    Date Posted: January 2012
    [Abstract ]
  • American Dignity and Healthcare Reform
    By: Neomi Rao
    No. 12-08
    Date Posted: January 2012
    [Abstract ]
  • The Parcel and Then Some: Unity of Ownership and the Parcel as a Whole
    By: Steven Eagle
    No. 12-07
    Date Posted: January 2012
    [Abstract ]
  • Another Nero Wolfe Cookbook
    By: Ross Davies
    No. 12-06
    Date Posted: January 2012
    [Abstract ]
  • The Efficient Secret: How America Nearly Adopted a Parliamentary System, and Why It Should Have Done So
    By: Francis Buckley
    No. 12-05
    Date Posted: January 2012
    [Abstract ]
  • Leg, Culp, and the Evil Judge
    By: Ross Davies
    No. 12-04
    Date Posted: January 2012
    [Abstract ]
  • Public Choice and International Law Compliance: The Executive Branch Is a "They" Not an "It"
    By: Neomi Rao
    No. 12-03
    Date Posted: January 2012
    [Abstract ]
  • Saving Locke from Marx: The Labor Theory of Value in Intellectual Property Theory
    By: Adam Mossoff
    No. 12-02
    Date Posted: January 2012
    [Abstract ]
  • From Baker v. Carr to Bush v. Gore, and Back
    By: Nelson Lund
    No. 12-01
    Date Posted: January 2012
    [Abstract ]

2011

  • Greatness of Soul 1
    By: Nelson Lund
    No. 11-54
    Date Posted: December 2011
    [Abstract ]
  • The Upside Down Inequitable Conduct Defense
    By: Tun-Jen Chiang
    No. 11-53
    Date Posted: December 2011
    [Abstract ]
  • The Reciprocity of Search
    By: Tun-Jen Chiang
    No. 11-52
    Date Posted: November 2011
    [Abstract ]
  • The Ultimate Junket, Chaperoned
    By: Ross Davies
    No. 11-51
    Date Posted: November 2011
    [Abstract ]
  • Walled Garden Rivalry: The Creation of Mobile Network Ecosystems
    By: Thomas Hazlett, David Teece, Leonard Waverman
    No. 11-50
    Date Posted: November 2011
    [Abstract ]
  • Fore-Shadowed: Where Rex Stout Got the Idea for Fer-de-Lance
    By: Cattleya Concepcion, Ross Davies
    No. 11-49
    Date Posted: November 2011
    [Abstract ]
  • What Really Matters in Spectrum Allocation Design
    By: Diego Avanzini, Thomas Hazlett, Roberto Muñoz
    No. 11-48
    Date Posted: November 2011
    [Abstract ]
  • Does Shareholder Proxy Access Damage Share Value in Small Publicly Traded Companies?”
    By: , J.W. Verret
    No. 11-47
    Date Posted: November 2011
    [Abstract ]
  • Economic Uncertainty, the Courts, and the Rule of Law
    By: Todd Zywicki
    No. 11-46
    Date Posted: November 2011
    [Abstract ]
  • A Mandate for Mandates: Is the Individual Health Insurance Case a Slippery Slope?
    By: Ilya Somin
    No. 11-45
    Date Posted: November 2011
    [Abstract ]
  • An Irony of Electronics: On a Form or Two of Serious Legal Scholarship
    By: Ross Davies
    No. 11-44
    Date Posted: October 2011
    [Abstract ]
  • The Economics and Regulation of Bank Overdraft Protection
    By: Todd Zywicki
    No. 11-43
    Date Posted: October 2011
    [Abstract ]
  • Protecting Liberty? State Secret Ballot Initiatives in the Shadow of Preemption and Federalism
    By: Harry Hutchison
    No. 11-42
    Date Posted: October 2011
    [Abstract ]
  • The Judiciary Funded: The Generosity of David Dudley Field
    By: Ross Davies
    No. 11-41
    Date Posted: September 2011
    [Abstract ]
  • Lochner and Constitutional Continuity
    By: David Bernstein
    No. 11-40
    Date Posted: September 2011
    [Abstract ]
  • The Perils of Over-Constitutionalizing the Law: A Reply to Professor Epstein
    By:
    No. 11-39
    Date Posted: September 2011
    [Abstract ]
  • Let There be Blight: Blight Condemnations in New York after Goldstein and Kaur
    By: Ilya Somin
    No. 11-38
    Date Posted: September 2011
    [Abstract ]
  • If Search Neutrality is the Answer, What's the Question?
    By: Geoffrey A. Manne, Joshua Wright
    No. 11-37
    Date Posted: August 2011
    [Abstract ]
  • The Law and Economics of Network Neutrality
    By: Thomas Hazlett, Joshua Wright
    No. 11-36
    Date Posted: August 2011
    [Abstract ]
  • Survival of the Fittest? The Origins and Evolution of the Substantial-Similarity Doctrine
    By: , Evan Stephenson, David Viano
    No. 11-35
    Date Posted: August 2011
    [Abstract ]
  • Juvenile Criminal Responsibility: Can Malice Supply the Want of Years?
    By: Craig Lerner
    No. 11-34
    Date Posted: August 2011
    [Abstract ]
  • Federalism and Property Rights
    By: Ilya Somin
    No. 11-33
    Date Posted: August 2011
    [Abstract ]
  • Intellectual Usufructs: Trade Secrets, Hot News, and the Usufructuary Paradigm at Common Law
    By: Eric Claeys
    No. 11-32
    Date Posted: July 2011
    [Abstract ]
  • Defining Patent Scope by the Novelty of the Idea
    By: Tun-Jen Chiang
    No. 11-31
    Date Posted: July 2011
    [Abstract ]
  • Formalism, Realism, and Patent Scope
    By: Tun-Jen Chiang
    No. 11-30
    Date Posted: June 2011
    [Abstract ]
  • Judicial Independence, Judicial Virtue, and the Political Economy of the Constitution
    By: Nelson Lund
    No. 11-29
    Date Posted: June 2011
    [Abstract ]
  • Waging War on "Unemployables"? Race, Low-wage Work, and Minimum Wages: The New Evidence
    By: Harry Hutchison
    No. 11-28
    Date Posted: June 2011
    [Abstract ]
  • Commercializing Property Rights in Inventions: Lessons for Modern Patent Theory from Classic Patent Doctrine
    By: Adam Mossoff
    No. 11-27
    Date Posted: June 2011
    [Abstract ]
  • West's Words, Ho! Law Books by the Million, Plus a Few
    By: Ross Davies
    No. 11-26
    Date Posted: June 2011
    [Abstract ]
  • Stare Decisis and Constitutional Text
    By: Jonathan Mitchell
    No. 11-25
    Date Posted: June 2011
    [Abstract ]
  • Stop the Beach Renourishment and the Problem of Judicial Takings
    By: Ilya Somin
    No. 11-24
    Date Posted: May 2011
    [Abstract ]
  • The Tea Party Movement and Popular Constitutionalism
    By: Ilya Somin
    No. 11-22
    Date Posted: May 2011
    [Abstract ]
  • Misbehavioral Economics: The Case Against Behavioral Antitrust
    By: , Joshua Wright
    No. 11-23
    Date Posted: May 2011
    [Abstract ]
  • The Judicial Reaction to Kelo
    By: Ilya Somin
    No. 11-21
    Date Posted: May 2011
    [Abstract ]
  • Three Concepts of Dignity in Constitutional Law
    By: Neomi Rao
    No. 11-20
    Date Posted: May 2011
    [Abstract ]
  • A Modest Proposal: Abolishing Agency Independence in Free Enterprise Fund v. PCAOB
    By: Neomi Rao
    No. 11-19
    Date Posted: April 2011
    [Abstract ]
  • Balancing the "Zoning Budget"
    By: Roderick Hills, David Schleicher
    No. 11-18
    Date Posted: April 2011
    [Abstract ]
  • Introduction, Rehabilitating Lochner: Defending Individual Rights against Progressive Reform
    By: David Bernstein
    No. 11-17
    Date Posted: April 2011
    [Abstract ]
  • Three Invitations to Law & Commentary
    By: Ross Davies
    No. 11-16
    Date Posted: April 2011
    [Abstract ]
  • Like Water for Law Reviews: An Introduction to The Journal of Law
    By: Ross Davies
    No. 11-15
    Date Posted: April 2011
    [Abstract ]
  • Private Law Theory and Corrective Justice in Trade Secrecy
    By: Eric Claeys
    No. 11-14
    Date Posted: March 2011
    [Abstract ]
  • Public Use in the Dirigiste Tradition: Private and Public Benefit in an Era of Agglomeration
    By: Steven Eagle
    No. 11-13
    Date Posted: March 2011
    [Abstract ]
  • Justices at Work, or Not: New Supreme Court Statistics and Old Impediments to Making Them Accurate
    By: Daniel Chen, Ross Davies, Craig D. Rust
    No. 11-12
    Date Posted: March 2011
    [Abstract ]
  • I Would, but I Need the Eggs: Why Neither Exit Nor Voice Substantially Limits Big City Corruption
    By: David Schleicher
    No. 11-11
    Date Posted: February 2011
    [Abstract ]
  • The Secret Meaning of Intent
    By: Ross Davies
    No. 11-10
    Date Posted: February 2011
    [Abstract ]
  • Does Increased Litigation Increase Justice in a Second-Best World?
    By: , Todd Zywicki
    No. 11-09
    Date Posted: February 2011
    [Abstract ]
  • Gray Lady Bowdler: The Continuing Saga of the Crimson Spot
    By: Ross Davies
    No. 11-08
    Date Posted: February 2011
    [Abstract ]
  • Urban Revitalization and Eminent Domain: Misinterpreting Jane Jacobs
    By: Steven Eagle
    No. 11-07
    Date Posted: February 2011
    [Abstract ]
  • Hayekian Anarchism
    By: Edward Stringham, Todd Zywicki
    No. 11-06
    Date Posted: January 2011
    [Abstract ]
  • The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption
    By: , Joshua Wright
    No. 11-05
    Date Posted: January 2011
    [Abstract ]
  • Thomas Nast's Illustrated Almanacs, 1871-1875
    By: Ross Davies
    No. 11-04
    Date Posted: January 2011
    [Abstract ]
  • Contract as Convention
    By: Francis Buckley
    No. 11-03
    Date Posted: January 2011
    [Abstract ]
  • Does Antitrust Enforcement in High Tech Markets Benefit Consumers? Stock Price Evidence from FTC v. Intel
    By: Joshua Wright
    No. 11-02
    Date Posted: January 2011
    [Abstract ]
  • The Dipping Point: Law Review Circulation 2010
    By: Ross Davies
    No. 11-01
    Date Posted: January 2011
    [Abstract ]

2010

  • Wager of Justice: The Betting Commission and the 1984 Campaign
    By: Ross Davies
    No. 10-62
    Date Posted: December 2010
    [Abstract ]
  • A Very Streamlined Introduction to Bush v. Gore
    By: Nelson Lund
    No. 10-61
    Date Posted: November 2010
    [Abstract ]
  • Antitrust Sanctions
    By: Douglas Ginsburg, Joshua Wright
    No. 10-60
    Date Posted: November 2010
    [Abstract ]
  • May Lawyers Be Given the Power to Elect Those Who Choose Our Judges? "Merit Selection" and Constitutional Law
    By: Nelson Lund
    No. 10-59
    Date Posted: November 2010
    [Abstract ]
  • Exclusion and Exclusivity in Gridlock
    By: Eric Claeys
    No. 10-58
    Date Posted: November 2010
    [Abstract ]
  • Rivalry and Superior Dispatch: An Analysis of Competing Courts in Medieval and Early Modern England
    By: Edward Stringham, Todd Zywicki
    No. 10-57
    Date Posted: November 2010
    [Abstract ]
  • The Law Firm and the League: Morgan, Lewis & Bockius LLP, Major League Baseball and MLB.com
    By: Ross Davies
    No. 10-56
    Date Posted: October 2010
    [Abstract ]
  • Deliberative Democracy and Political Ignorance
    By: Ilya Somin
    No. 10-55
    Date Posted: October 2010
    [Abstract ]
  • Policy Reversal on Reverse Payments: Why Courts Should Not Follow the New DOJ Position on Reverse-Payment Settlements of Pharmaceutical Patent Litigation
    By: Henry Butler, Jeffrey Jarosch
    No. 10-54
    Date Posted: October 2010
    [Abstract ]
  • The Bailout through a Public Choice Lens: Government-Controlled Corporations as a Mechanism for Rent Transfer
    By: J.W. Verret
    No. 10-53
    Date Posted: October 2010
    [Abstract ]
  • Philosophic Anthropology in Rousseau and Elizabeth Marshall Thomas
    By: Nelson Lund
    No. 10-52
    Date Posted: October 2010
    [Abstract ]
  • Transformation in Property and Copyright
    By: Christopher Newman
    No. 10-51
    Date Posted: October 2010
    [Abstract ]
  • Employee "Free" Choice in the Mirror of Liberty, Fairness and Social Welfare
    By: Harry Hutchison
    No. 10-50
    Date Posted: October 2010
    [Abstract ]
  • How the "New GM" Can Steal from Toyota
    By: Adam Mossoff
    No. 10-49
    Date Posted: September 2010
    [Abstract ]
  • Taking Stock of Comstock: The Necessary and Proper Clause and the Limits of Federal Power
    By: Ilya Somin
    No. 10-48
    Date Posted: September 2010
    [Abstract ]
  • Communion or Suspicion: Which Way for Woman and Man?
    By: Helen Alvaré
    No. 10-47
    Date Posted: September 2010
    [Abstract ]
  • Reconsidering Murdock: State-Law Reversals as Constitutional Avoidance
    By: Jonathan Mitchell
    No. 10-46
    Date Posted: September 2010
    [Abstract ]
  • Are State Consumer Protection Acts Really Little-FTC Acts?
    By: Henry Butler, Joshua Wright
    No. 10-45
    Date Posted: September 2010
    [Abstract ]
  • Waging War on the "Unfit"? From Plessy v. Ferguson to New Deal Labor Law
    By: Harry Hutchison
    No. 10-44
    Date Posted: September 2010
    [Abstract ]
  • Common Law and Economic Efficiency
    By: Edward Stringham, Todd Zywicki
    No. 10-43
    Date Posted: September 2010
    [Abstract ]
  • The Rules and Standards of Patentable Subject-Matter
    By: Tun-Jen Chiang
    No. 10-42
    Date Posted: September 2010
    [Abstract ]
  • Self Restraint and National Security
    By: Nathan Sales
    No. 10-41
    Date Posted: August 2010
    [Abstract ]
  • Antitrust Formalism is Dead! Long Live Antitrust Formalism!: Some Implications of American Needle v. NFL
    By: , Joshua Wright
    No. 10-40
    Date Posted: August 2010
    [Abstract ]
  • Two Faces of Judicial Restraint (Or Are There More?) in McDonald v. Chicago
    By: Nelson Lund
    No. 10-39
    Date Posted: August 2010
    [Abstract ]
  • Defending Against Shareholder Proxy Access: Delaware's Future Reviewing Company Defenses in the Era of Dodd-Frank
    By: J.W. Verret
    No. 10-37
    Date Posted: August 2010
    [Abstract ]
  • The President's Sphere of Action
    By: Neomi Rao
    No. 10-36
    Date Posted: August 2010
    [Abstract ]
  • The Really New Property: A Skeptical Appraisal
    By: Steven Eagle
    No. 10-35
    Date Posted: July 2010
    [Abstract ]
  • Use at Common Law and Under the Uniform Trade Secrets Act
    By: Eric Claeys
    No. 10-34
    Date Posted: July 2010
    [Abstract ]
  • Using Bond Trades to Pay for Third-Party Research
    By: D. Bruce Johnsen
    No. 10-33
    Date Posted: July 2010
    [Abstract ]
  • State Regulation of Alcohol Distribution: The Effects of Post & Hold Laws on Output and Social Harms
    By: James L. Cooper, Joshua Wright
    No. 10-32
    Date Posted: July 2010
    [Abstract ]
  • A First Principles Approach to Antitrust Enforcement in the Agricultural Industry
    By: Geoffrey A. Manne, Joshua Wright
    No. 10-31
    Date Posted: July 2010
    [Abstract ]
  • Terrorism Finance, Business Associations, and the "Incorporation Transparency Act"
    By: J.W. Verret
    No. 10-30
    Date Posted: June 2010
    [Abstract ]
  • Can Bundled Discounting Increase Consumer Prices
    By: Daniel Crane, Joshua Wright
    No. 10-29
    Date Posted: June 2010
    [Abstract ]
  • Supreme Court Sluggers: John Paul Stevens is no Stephen J. Field
    By: Daniel Chen, Ross Davies, Craig D. Rust
    No. 10-28
    Date Posted: June 2010
    [Abstract ]
  • An Antitrust Analysis of the Federal Trade Commission's Complaint against Intel
    By: Joshua Wright
    No. 10-27
    Date Posted: June 2010
    [Abstract ]
  • The Economics of Payment Card Interchange Fees and the Limits of Regulation
    By: Todd Zywicki
    No. 10-26
    Date Posted: June 2010
    [Abstract ]
  • Google and the Limits of Antitrust: The Case Against the Antitrust Case Against Google
    By: Geoffrey A. Manne, Joshua Wright
    No. 10-25
    Date Posted: June 2010
    [Abstract ]
  • Comment on Intellectual Property, Concentration and the Limits of Antitrust in the Biotech Seed Industry
    By: Scott Kieff, Geoffrey A. Manne, Michael Sykuta, Joshua Wright
    No. 10-24
    Date Posted: June 2010
    [Abstract ]
  • Gender, Race, and Individual Dignity: Evaluating Justice Ginsburg's Equality Jurisprudence
    By: Neomi Rao
    No. 10-23
    Date Posted: June 2010
    [Abstract ]
  • Backdating Options and Why Executive Compensation is Not All About Norms
    By: Geoffrey A. Manne, Joshua Wright
    No. 10-22
    Date Posted: May 2010
    [Abstract ]
  • The Michigan Auto Dealers Prosecution: Exploring the Department of Justice's Mid-Century Posture toward Campaign Finance Violations
    By: Allison Hayward
    No. 10-21
    Date Posted: April 2010
    [Abstract ]
  • A Clerical Fantasy: Obi-Wan Stevens vs. Darth Rehnquist
    By: Ross Davies
    No. 10-20
    Date Posted: April 2010
    [Abstract ]
  • The Case for Liberal Spectrum Licenses: A Technical and Economic Perspective
    By: Thomas Hazlett, Evan Leo
    No. 10-19
    Date Posted: April 2010
    [Abstract ]
  • Radio Spectrum and the Disruptive Clarity of Ronald Coase
    By: Thomas Hazlett, David Porter, Vernon Smith
    No. 10-18
    Date Posted: April 2010
    [Abstract ]
  • The Ancient and Judicial Game: James Wilson, John Marshall Harlan, and the Beginnings of Golf at the Supreme Court
    By: Ross Davies
    No. 10-17
    Date Posted: March 2010
    [Abstract ]
  • Mending Walls: Information Sharing after the USA Patriot Act
    By: Nathan Sales
    No. 10-16
    Date Posted: March 2010
    [Abstract ]
  • The Last Word
    By: Ross Davies
    No. 10-15
    Date Posted: March 2010
    [Abstract ]
  • Salmon, Science, and Reciprocity on the Northwest Coast
    By: D. Bruce Johnsen
    No. 10-14
    Date Posted: March 2010
    [Abstract ]
  • The Ethics of "Commercial Bribery": Integrative Social Contract Theory Meets Transaction Cost Economics
    By: D. Bruce Johnsen
    No. 10-13
    Date Posted: February 2010
    [Abstract ]
  • Consumer Use and Government Regulation of Title Pledge Lending
    By: Todd Zywicki
    No. 10-12
    Date Posted: February 2010
    [Abstract ]
  • Integrative Social Contract Theory and Institutional Brokerage Commission Rebates
    By: D. Bruce Johnsen
    No. 10-11
    Date Posted: February 2010
    [Abstract ]
  • A Crank on the Court: The Passion of Justice William R. Day
    By: Ross Davies
    No. 10-10
    Date Posted: February 2010
    [Abstract ]
  • Choice, Progressive Values, and Corporate Law: A Reply to Greenfield
    By: Harry Hutchison
    No. 10-09
    Date Posted: February 2010
    [Abstract ]
  • FantasyLaw 2009: The Season, the Stars, and the Statistics
    By: Ross Davies
    No. 10-08
    Date Posted: January 2010
    [Abstract ]
  • Supreme Court Sluggers: Behind the Numbers
    By: Ross Davies, Craig D. Rust
    No. 10-07
    Date Posted: January 2010
    [Abstract ]
  • Law Review Circulation 2009: The Combover
    By: Ross Davies
    No. 10-06
    Date Posted: January 2010
    [Abstract ]
  • A Simple Conveyance Rule for Complex Innovation
    By: Adam Mossoff
    No. 10-05
    Date Posted: January 2010
    [Abstract ]
  • Excluding Unfit Workers: Social Control versus Social Justice in the Age of Economic Reform
    By: David Bernstein, Thomas Leonard
    No. 10-04
    Date Posted: January 2010
    [Abstract ]
  • Tragedy T.V.: Rights Fragmentation and the Junk Band Problem
    By: Thomas Hazlett
    No. 10-03
    Date Posted: January 2010
    [Abstract ]
  • The Steep Costs of Using Noncumulative Zoning to Preserve Land for Urban Manufacturing
    By: Roderick Hills, David Schleicher
    No. 10-02
    Date Posted: January 2010
    [Abstract ]
  • Modular Confines of Mobile Networks: Are iPhones iPhony?
    By: Thomas Hazlett
    No. 10-01
    Date Posted: January 2010
    [Abstract ]

2009

  • Market Power in U.S. Broadband Services
    By: Thomas Hazlett, Dennis Weisman
    No. 09-69
    Date Posted: December 2009
    [Abstract ]
  • What if Europe Held an Election and No One Cared?
    By: David Schleicher
    No. 09-68
    Date Posted: December 2009
    [Abstract ]
  • The Right to Exclude in the Shadow of the Cathedral: A Response to Parchomovsky and Stein
    By: Eric Claeys
    No. 09-67
    Date Posted: December 2009
    [Abstract ]
  • Getting to Causation in Toxic Tort Cases
    By: David Bernstein
    No. 09-66
    Date Posted: December 2009
    [Abstract ]
  • Pandora's Ballot Box, or a Proxy With Moxie? Majority Voting, Corporate Ballot Access, and The Legend of Martin Lipton Re-Examined
    By: J.W. Verret
    No. 09-65
    Date Posted: December 2009
    [Abstract ]
  • What's So Fair About Fair Use? The 1999 Donald C. Brace Memorial Lecture
    By: Alex Kozinski, Christopher Newman
    No. 09-64
    Date Posted: December 2009
    [Abstract ]
  • Rape on the Washington Southern: The Tragic Case of Hines v. Garrett
    By: Michael Krauss
    No. 09-63
    Date Posted: December 2009
    [Abstract ]
  • Dr. Jones and the Raiders of Lost Capital: Hedge Fund Regulation, Part II, a Self-Regulation Proposal
    By: J.W. Verret
    No. 09-62
    Date Posted: December 2009
    [Abstract ]
  • Judicial Duty and the Supreme Court's Cult of Celebrity
    By: Craig Lerner, Nelson Lund
    No. 09-61
    Date Posted: December 2009
    [Abstract ]
  • Delaware's Guidance: Ensuring Equity for the Modern Witenagemot
    By: Myron T. Steele, J.W. Verret
    No. 09-60
    Date Posted: December 2009
    [Abstract ]
  • Bush v. Gore at the Dawning of the Age of Obama
    By: Nelson Lund
    No. 09-59
    Date Posted: November 2009
    [Abstract ]
  • It's No Game: The Practice and Process of the Law in Baseball, and Vice Versa
    By: Ross Davies
    No. 09-58
    Date Posted: November 2009
    [Abstract ]
  • Resolved, Presidential Signing Statements Threaten to Undermine the Rule of Law and the Separation of Powers
    By: Nelson Lund
    No. 09-57
    Date Posted: November 2009
    [Abstract ]
  • A Response to Professor Levitin on the Effect of the Consumer Financial Protection Agency Act of 2009 on Consumer Credit
    By: David S. Evans, Joshua Wright
    No. 09-56
    Date Posted: November 2009
    [Abstract ]
  • Judicial Review and Judicial Duty: The Original Understanding
    By: Nelson Lund
    No. 09-55
    Date Posted: November 2009
    [Abstract ]
  • The Limits of Antitrust in the New Economy
    By: Geoffrey A. Manne, Joshua Wright
    No. 09-54
    Date Posted: October 2009
    [Abstract ]
  • The Collision of Employment-At-Will, Section 1981 and Gonzalez: Discharge, Consent, and Contract Sufficiency
    By: Harry Hutchison
    No. 09-52
    Date Posted: October 2009
    [Abstract ]
  • How the Consumer Financial Protection Agency Act of 2009 Would Change the Law and Regulation of Consumer Financial Products
    By: David S. Evans
    No. 09-51
    Date Posted: October 2009
    [Abstract ]
  • The Effect of the Consumer Financial Protection Agency Act of 2009 on Consumer Credit
    By: David S. Evans, Joshua Wright
    No. 09-50
    Date Posted: October 2009
    [Abstract ]
  • Myths About Mutual Fund Fees: Economic Insights on Jones v. Harris
    By: D. Bruce Johnsen
    No. 09-49
    Date Posted: October 2009
    [Abstract ]
  • Three Problematic Truths About the Consumer Financial Protection Agency Act of 2009
    By: Joshua Wright, Todd Zywicki
    No. 09-48
    Date Posted: September 2009
    [Abstract ]
  • The City as a Law and Economic Subject
    By: David Schleicher
    No. 09-47
    Date Posted: September 2009
    [Abstract ]
  • The Use and Abuse of IP at the Birth of the Administrative State
    By: Adam Mossoff
    No. 09-46
    Date Posted: September 2009
    [Abstract ]
  • The Missing Currency of Israeli/Palestinian Negotiations
    By: Lloyd Cohen
    No. 09-45
    Date Posted: September 2009
    [Abstract ]
  • Treasury Inc.: How the Bailout Reshapes Corporate Theory & Practice
    By: J.W. Verret
    No. 09-43
    Date Posted: August 2009
    [Abstract ]
  • Antitrust, Multi-Dimensional Competition, and Innovation: Do We Have An Antitrust-Relevant Theory of Competition Now?
    By: Joshua Wright
    No. 09-44
    Date Posted: August 2009
    [Abstract ]
  • Regulating Innovation: Competition Policy and Patent Law Under Uncertainty
    By: Geoffrey A. Manne, Joshua Wright
    No. 09-41
    Date Posted: August 2009
    [Abstract ]
  • Intellectual Property and Standard Setting
    By: Bruce Kobayashi, Joshua Wright
    No. 09-40
    Date Posted: August 2009
    [Abstract ]
  • Employee Free Choice or Employee Forged Choice? Race in the Mirror of Exclusionary Hierarchy
    By: Harry Hutchison
    No. 09-39
    Date Posted: August 2009
    [Abstract ]
  • Testimony Before United States House of Representatives Committee on Financial Services on Proposed Consumer Financial Protection Agency
    By: Todd Zywicki
    No. 09-38
    Date Posted: August 2009
    [Abstract ]
  • The Misdirection of Current Corporate Governance Proposals
    By: J.W. Verret
    No. 09-37
    Date Posted: August 2009
    [Abstract ]
  • Racial Exclusion in the Mirror of New Deal Responses to the Great Crash
    By: Harry Hutchison
    No. 09-36
    Date Posted: July 2009
    [Abstract ]
  • The Legitimacy of Political Intelligence Trading and the Threat of Insider Trading by the Treasury Department
    By: J.W. Verret
    No. 09-35
    Date Posted: July 2009
    [Abstract ]
  • Unintended Consequences of Executive Compensation Regulation Threatens to Worsen the Financial Crisis
    By: J.W. Verret
    No. 09-34
    Date Posted: July 2009
    [Abstract ]
  • The Levels of Abstraction Problem in Patent Law
    By: Tun-Jen Chiang
    No. 09-33
    Date Posted: July 2009
    [Abstract ]
  • An Evidence-Based Approach to Exclusive Dealing and Loyalty Discounts
    By: Joshua Wright
    No. 09-32
    Date Posted: July 2009
    [Abstract ]
  • Democracy and Political Knowledge in Ancient Athens
    By: Ilya Somin
    No. 09-31
    Date Posted: July 2009
    [Abstract ]
  • Heller and Nonlethal Weapons
    By: Craig Lerner, Nelson Lund
    No. 09-30
    Date Posted: June 2009
    [Abstract ]
  • The New Forum Shopping Problem in Bankruptcy
    By: G. Marcus Cole, Todd Zywicki
    No. 09-29
    Date Posted: June 2009
    [Abstract ]
  • Opening Day
    By: Ross Davies
    No. 09-28
    Date Posted: June 2009
    [Abstract ]
  • Testimony before House Oversight Concerning the AIG Trust
    By: J.W. Verret
    No. 09-27
    Date Posted: May 2009
    [Abstract ]
  • Modernization, Moderation, and Political Minorities: A Response to Professor Strauss
    By: Jonathan Mitchell
    No. 09-26
    Date Posted: May 2009
    [Abstract ]
  • Patent Holdup, Antitrust and Innovation: Harness or Noose?
    By: Aubrey Stuempfle, Joshua Wright
    No. 09-25
    Date Posted: May 2009
    [Abstract ]
  • Share and Share Alike: Intelligence Agencies, Information Sharing, and National Security
    By: Nathan Sales
    No. 09-24
    Date Posted: April 2009
    [Abstract ]
  • Overshot the Mark? A Simple Explanation of the Chicago School's Influence on Antitrust
    By: Joshua Wright
    No. 09-23
    Date Posted: March 2009
    [Abstract ]
  • Fixing Patent Boundaries
    By: Tun-Jen Chiang
    No. 09-22
    Date Posted: March 2009
    [Abstract ]
  • Putting the World Back Together? Recovering Faithful Citizenship in a Postmodern Age
    By: Harry Hutchison
    No. 09-21
    Date Posted: March 2009
    [Abstract ]
  • Homeland Security, Information Policy, and the Transatlantic Alliance
    By: Stewart Baker, Nathan Sales
    No. 09-20
    Date Posted: March 2009
    [Abstract ]
  • A Stitch in Time: The Rise and Fall of the Sewing Machine Patent Thicket
    By: Adam Mossoff
    No. 09-19
    Date Posted: March 2009
    [Abstract ]
  • The Unfinished Daubert Revolution
    By: David Bernstein
    No. 09-18
    Date Posted: March 2009
    [Abstract ]
  • Infringement as Nuisance
    By: Christopher Newman
    No. 09-17
    Date Posted: March 2009
    [Abstract ]
  • Let the Preseason Begin: Want to Play?
    By: Ross Davies
    No. 09-16
    Date Posted: March 2009
    [Abstract ]
  • The U.S. Government as Control Shareholder of the Financial and Automotive Sector: Implications and Analysis
    By: J.W. Verret
    No. 09-13
    Date Posted: February 2009
    [Abstract ]
  • The Original Law Journals
    By: Ross Davies
    No. 09-15
    Date Posted: March 2009
    [Abstract ]
  • Why the Supreme Court Was Correct to Deny Certiorari in FTC v. Rambus
    By: Joshua Wright
    No. 09-14
    Date Posted: February 2009
    [Abstract ]
  • Montesquieu, Judicial Degeneracy, and the United States Supreme Court
    By: Nelson Lund
    No. 09-12
    Date Posted: February 2009
    [Abstract ]
  • Economics Makes Strange Bedfellows: Pensions, Trusts, and Hedge Funds in an Era of Financial Re-intermediation
    By: J.W. Verret
    No. 09-11
    Date Posted: February 2009
    [Abstract ]
  • Lessons from the Rise of Legal Conservatism
    By: Ilya Somin
    No. 09-10
    Date Posted: February 2009
    [Abstract ]
  • Property 101: Is Property a Thing or a Bundle?
    By: Eric Claeys
    No. 09-09
    Date Posted: February 2009
    [Abstract ]
  • Trademark Dilution and Emotion
    By: Laura Bradford
    No. 09-08
    Date Posted: January 2009
    [Abstract ]
  • Is Antitrust Too Complicated
    By: Michael Baye, Joshua Wright
    No. 09-07
    Date Posted: January 2009
    [Abstract ]
  • Law Review Circulation
    By: Ross Davies
    No. 09-06
    Date Posted: January 2009
    [Abstract ]
  • How Not to Bowdlerize
    By: Ross Davies
    No. 09-05
    Date Posted: January 2009
    [Abstract ]
  • Virtue and Rights in American Property Law
    By: Eric Claeys
    No. 09-04
    Date Posted: January 2009
    [Abstract ]
  • Comparative Civil Procedure and Transnational "Harmonization": A Law-and-Economics Perspective
    By: Jeffrey Parker
    No. 09-03
    Date Posted: January 2009
    [Abstract ]
  • Reflections on Private Property, Planning, and State Power
    By: Steven Eagle
    No. 09-02
    Date Posted: January 2009
    [Abstract ]
  • The Second Amendment, Heller, and Originalist Jurisprudence
    By: Nelson Lund
    No. 09-01
    Date Posted: January 2009
    [Abstract ]

2008

  • Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III
    By: David B. Kopel, Nelson Lund
    No. 08-61
    Date Posted: December 2008
    [Abstract ]
  • Takings, Regulations, and Natural Property Rights
    By: Eric Claeys
    No. 08-60
    Date Posted: November 2008
    [Abstract ]
  • Liberty, Liberalism and Neutrality: Labor Preemption and First Amendment Values
    By: Harry Hutchison
    No. 08-59
    Date Posted: October 2008
    [Abstract ]
  • Run for the Border: Laptop Searches and the Fourth Amendment
    By: Nathan Sales
    No. 08-58
    Date Posted: October 2008
    [Abstract ]
  • Collateral Source and Tort's Soul
    By: , Michael Krauss
    No. 08-57
    Date Posted: September 2008
    [Abstract ]
  • Legislating Clear-Statement Regimes in National-Security Law
    By: Jonathan Mitchell
    No. 08-56
    Date Posted: September 2008
    [Abstract ]
  • Revisiting Yick Wo v. Hopkins
    By: David Bernstein
    No. 08-55
    Date Posted: September 2008
    [Abstract ]
  • Taming the Doctrine of Equivalents in Light of "Patent Failure"
    By: Samson Vermont
    No. 08-54
    Date Posted: August 2008
    [Abstract ]
  • Taking Property Rights Seriously? The Supreme Court and the "Poor Relation" of Constitutional Law
    By: Ilya Somin
    No. 08-53
    Date Posted: August 2008
    [Abstract ]
  • Comments on the Legal Education Cartel
    By: Lloyd Cohen
    No. 08-52
    Date Posted: August 2008
    [Abstract ]
  • Freedom of Contract
    By: David Bernstein
    No. 08-51
    Date Posted: August 2008
    [Abstract ]
  • Anticipating the Second Amendment Incorporation: The Role of the Inferior Courts
    By: Nelson Lund
    No. 08-50
    Date Posted: August 2008
    [Abstract ]
  • Patents as Property: Conceptualizing the Exclusive Right(s) in Patent Law
    By: Adam Mossoff
    No. 08-49
    Date Posted: August 2008
    [Abstract ]
  • Heller and Second Amendment Precedent
    By: Nelson Lund
    No. 08-48
    Date Posted: August 2008
    [Abstract ]
  • Deadwood Report Update: Paperweight
    By: Ross Davies
    No. 08-47
    Date Posted: August 2008
    [Abstract ]
  • The Rest is Silence: Chevron Deference, Agency Jurisdiction, and Statutory Silences
    By: Jonathan Adler, Nathan Sales
    No. 08-46
    Date Posted: August 2008
    [Abstract ]
  • Some Dynamics of High-Tech Merger Analysis in General and with Respect to XM-Sirius
    By: Thomas Hazlett
    No. 08-45
    Date Posted: July 2008
    [Abstract ]
  • The National Regulatory State in Progressive Political Theory and Twentieth-Century Constitutional Law
    By: Eric Claeys
    No. 08-44
    Date Posted: July 2008
    [Abstract ]
  • Work, the Social Question, Progress and the Common Good?
    By: Harry Hutchison
    No. 08-43
    Date Posted: July 2008
    [Abstract ]
  • Why is There No Partisan Competition in City Council Elections?: The Role of Election Law
    By: David Schleicher
    No. 08-42
    Date Posted: July 2008
    [Abstract ]
  • The Law and Economics of Predatory Pricing
    By: Bruce Kobayashi
    No. 08-41
    Date Posted: July 2008
    [Abstract ]
  • A Floor, Not a Ceiling: Federalism and Remedies for Violations of Constitutional Rights in Danforth v. Minnesota
    By: Ilya Somin
    No. 08-40
    Date Posted: June 2008
    [Abstract ]
  • A Tall Tale of "The Brethren"
    By: Ross Davies
    No. 08-39
    Date Posted: June 2008
    [Abstract ]
  • The Judiciary Fund: A Modest Proposal that the Bar Give to Judges What Congress Will Not Let Them Earn
    By: Ross Davies
    No. 08-38
    Date Posted: June 2008
    [Abstract ]
  • Antitrust Analysis of Tying Arrangements and Exclusive Dealing
    By: Alden Abbott, Joshua Wright
    No. 08-37
    Date Posted: June 2008
    [Abstract ]
  • Impeachment, Attainder, and a True Constitutional Crisis: Lessons from the Strafford Trial
    By: Craig Lerner
    No. 08-36
    Date Posted: June 2008
    [Abstract ]
  • The Future of Law and Economics: A Discussion
    By: Henry Manne, Joshua Wright
    No. 08-35
    Date Posted: June 2008
    [Abstract ]
  • On the Use and Abuse of Dignity in Constitutional Law
    By: Neomi Rao
    No. 08-34
    Date Posted: June 2008
    [Abstract ]
  • The Chicago School, Transaction Cost Economics and the Roberts Court's Antitrust Jurisprudence
    By: Joshua Wright
    No. 08-33
    Date Posted: June 2008
    [Abstract ]
  • Federalism, Substantive Preemption, and Limits on Antitrust: An Application to Patent Holdup
    By: Bruce Kobayashi, Joshua Wright
    No. 08-32
    Date Posted: June 2008
    [Abstract ]
  • Benjamin Klein
    By: Joshua Wright
    No. 08-31
    Date Posted: June 2008
    [Abstract ]
  • Justice Kennedy's Stricter Scrutiny and the Future of Racial Diversity Promotion
    By: Nelson Lund
    No. 08-30
    Date Posted: June 2008
    [Abstract ]
  • The Cult-ivation of Executive Power
    By: Nelson Lund
    No. 08-29
    Date Posted: May 2008
    [Abstract ]
  • Deadwood Report Update: Pick Your Own Weight
    By: Ross Davies
    No. 08-28
    Date Posted: May 2008
    [Abstract ]
  • The Borkean Case Against Robert Bork's Case for Censorship
    By: Ilya Somin
    No. 08-27
    Date Posted: May 2008
    [Abstract ]
  • Presumptive Business Judgment, Substantive Good Faith, Litigation Control: Vindicating the Socioeconomic Meaning of Harhen v. Brown
    By: Harry Hutchison
    No. 08-26
    Date Posted: May 2008
    [Abstract ]
  • The SEC's 2006 Soft Dollar Guidance: Law and Economics
    By: D. Bruce Johnsen
    No. 08-25
    Date Posted: April 2008
    [Abstract ]
  • Directed Brokerage, Conflicts of Interest, and Transaction Cost Economics
    By: D. Bruce Johnsen
    No. 08-24
    Date Posted: April 2008
    [Abstract ]
  • Resolution of Mass Tort Claims in the Bankruptcy System
    By: Douglas Smith
    No. 08-23
    Date Posted: April 2008
    [Abstract ]
  • The Constitutionality of Civil Commitment and the Requirement of Adequate Treatment
    By: Douglas Smith
    No. 08-22
    Date Posted: April 2008
    [Abstract ]
  • Kelo, Directed Growth, and Municipal Industrial Policy
    By: Steven Eagle
    No. 08-21
    Date Posted: April 2008
    [Abstract ]
  • Jefferson Meets Coase: Land-Use Torts, Law and Economics, and Natural Property Rights
    By: Eric Claeys
    No. 08-20
    Date Posted: April 2008
    [Abstract ]
  • Democracy and International Human Rights Law
    By: John McGinnis, Ilya Somin
    No. 08-19
    Date Posted: March 2008
    [Abstract ]
  • The High Costs of Shareholder Participation
    By: R. Sean Alley, Harry Hutchison
    No. 08-18
    Date Posted: March 2008
    [Abstract ]
  • The Law & Economics of Subprime Lending
    By: Joseph Adamson, Todd Zywicki
    No. 08-17
    Date Posted: March 2008
    [Abstract ]
  • The Role of the Common Law in Defining and Protecting the Environment: A Prolegomenon
    By: Steven Eagle
    No. 08-16
    Date Posted: March 2008
    [Abstract ]
  • A Federalism-Based Rationale for Limited Liability
    By: Douglas Smith
    No. 08-15
    Date Posted: March 2008
    [Abstract ]
  • Blackstone's Commentaries and the Privileges or Immunities of United States Citizens: A Modest Tribute to Professor Siegan
    By: Eric Claeys
    No. 08-14
    Date Posted: March 2008
    [Abstract ]
  • Which is the Constitution?
    By: Ross Davies
    No. 08-13
    Date Posted: 2008
    [Abstract ]
  • The Market for Union Representation: an Information Deficit or Rational Behavior
    By: Harry Hutchison
    No. 08-12
    Date Posted: 2008
    [Abstract ]
  • Federalism vs. States' Rights: A Defense of Judicial Review in a Federal System
    By: John McGinnis, Ilya Somin
    No. 08-11
    Date Posted: 2008
    [Abstract ]
  • The Second Amendment and the Supreme Court
    By: Douglas Smith
    No. 08-10
    Date Posted: 2008
    [Abstract ]
  • Faithless Electors of 1912: Appendix
    By: Ross Davies
    No. 08-09
    Date Posted: 2008
    [Abstract ]
  • Piercing the Corporate Veil in Regulated Industries
    By: Douglas Smith
    No. 08-08
    Date Posted: 2008
    [Abstract ]
  • Fair Warning to Law Schools—and an Invitation to 1Ls, 2Ls & 3Ls
    By: Ross Davies
    No. 08-07
    Date Posted: 2008
    [Abstract ]
  • An Administrative Approach to the Resolution of Mass Tort Claims
    By: Douglas Smith
    No. 08-06
    Date Posted: 2008
    [Abstract ]
  • Natural Experiments in U.S. Broadband Regulation
    By: Anil Caliskan, Thomas Hazlett
    No. 08-04
    Date Posted: February 2008
    [Abstract ]
  • Moving Forward? Diversity as a Paradox? A Critical Race View
    By: Harry Hutchison
    No. 08-03
    Date Posted: February 2008
    [Abstract ]
  • The Non-Partisan Fact-Finding Committee for Hoover 1932
    By: Ross Davies
    No. 08-02
    Date Posted: 2008
    [Abstract ]
  • Spilled Ink or Economic Progress? The Supreme Court's Decision in Illinois Tool Works v. Independent Ink
    By: Bruce Kobayashi
    No. 08-01
    Date Posted: 2008
    [Abstract ]

2007

  • No Armistice at 11: A Commentary on the Supreme Court's 1993 Amendment to Rule 11 of the Federal Rules of Civil Procedure
    By: Bruce Kobayashi, Jeffrey Parker
    No. 07-48
    Date Posted: 2007
    [Abstract ]
  • Antitrust (Over-?) Confidence
    By: Thomas Lambert, Joshua Wright
    No. 07-50
    Date Posted: 2007
    [Abstract ]
  • Daubert's Debut: The Supreme Court, the Economics of Scientific Evidence, and the Adversarial System
    By: Jeffrey Parker
    No. 07-49
    Date Posted: 2007
    [Abstract ]
  • Did the Corporate Criminal Sentencing Guidelines Matter? Some Preliminary Empirical Observations
    By: Raymond Atkins, Jeffrey Parker
    No. 07-47
    Date Posted: 2007
    [Abstract ]
  • Guns, Crime, and Academics: Some Reflections on the Gun Control Debate
    By: Jeffrey Parker
    No. 07-45
    Date Posted: 2007
    [Abstract ]
  • Evidence: General Economic Analysis
    By: Bruce Kobayashi, Jeffrey Parker
    No. 07-44
    Date Posted: 2007
    [Abstract ]
  • The Private Society and the Liberal Public Good in John Locke's Thought
    By: Eric Claeys
    No. 07-43
    Date Posted: 2007
    [Abstract ]
  • Civil Procedure: General Economic Analysis
    By: Bruce Kobayashi, Jeffrey Parker
    No. 07-42
    Date Posted: 2007
    [Abstract ]
  • The Roberts Court and the Chicago School of Antitrust: The 2006 Term and Beyond
    By: Joshua Wright
    No. 07-41
    Date Posted: 2007
    [Abstract ]
  • Procedure in American and European Law: A General Economic Analysis
    By: Peter Lewisch, Jeffrey Parker
    No. 07-40
    Date Posted: 2007
    [Abstract ]
  • NAFTA meets the American Torts Process: O'Keefe v. Loewen
    By: Michael Krauss
    No. 07-39
    Date Posted: 2007
    [Abstract ]
  • Economics of Evidence and Proof
    By: Jeffrey Parker
    No. 07-38
    Date Posted: 2007
    [Abstract ]
  • Avoidance Costs in Optimal Penalties
    By: Jeffrey Parker
    No. 07-37
    Date Posted: 2007
    [Abstract ]
  • D.C.'s Handgun Ban and the Constitutional Right to Arms: One Hard Question?
    By: Nelson Lund
    No. 07-36
    Date Posted: 2007
    [Abstract ]
  • Does Blight Really Justify Condemnation?
    By: Steven Eagle
    No. 07-35
    Date Posted: 2007
    [Abstract ]
  • Punitive Damages and the Supreme Court: A Tragedy in Five Acts
    By: Michael Krauss
    No. 07-34
    Date Posted: 2007
    [Abstract ]
  • Postponing the 2007 'Restyling' Amendments to the Federal Rules of Civil Procedure: A Letter to Members of the Judiciary Committees of the House and Senate
    By: Jeffrey Parker
    No. 07-33
    Date Posted: 2007
    [Abstract ]
  • Behavioral Law and Economics, Paternalism, and Consumer Contracts: An Empirical Perspective
    By: Joshua Wright
    No. 07-32
    Date Posted: 2007
    [Abstract ]
  • Reclaiming the First Amendment Through Union Dues Restrictions?
    By: Harry Hutchison
    No. 07-31
    Date Posted: 2007
    [Abstract ]
  • What Workers Want or What Labor Experts Want Them to Want? A Review Essay of What Workers Want by Richard B. Freeman
    By: Harry Hutchison
    No. 07-30
    Date Posted: 2007
    [Abstract ]
  • Tax Compliance and the Neuroeconomics of Intertemporal Substitution
    By: Terrence Chorvat
    No. 07-29
    Date Posted: 2007
    [Abstract ]
  • Can We Make the Constitution More Democratic?
    By: Neal Devins, Ilya Somin
    No. 07-28
    Date Posted: 2007
    [Abstract ]
  • Teaching Professional Responsibility and Ethics
    By: Ronald Rotunda
    No. 07-26
    Date Posted: 2007
    [Abstract ]
  • Holding Enemy Combatants in the Wake of Hamdan
    By: Ronald Rotunda
    No. 07-25
    Date Posted: 2007
    [Abstract ]
  • Presidential Signing Statements in Perspective
    By: Nelson Lund
    No. 07-24
    Date Posted: 2007
    [Abstract ]
  • Against Shareholder Participation: A Treatment for McConvill's Psychonomicosis
    By: R. Sean Alley, Harry Hutchison
    No. 07-23
    Date Posted: 2007
    [Abstract ]
  • Remembering Robert J. Drinan, S.J.
    By: Ronald Rotunda
    No. 07-22
    Date Posted: 2007
    [Abstract ]
  • Tax Shelters, Dutch Books, and the Fundamental Theorem of Asset Pricing
    By: Terrence Chorvat
    No. 07-21
    Date Posted: 2007
    [Abstract ]
  • Institutional Review Boards as Academic Bureaucracies: An Economic and Experiential Analysis
    By: Todd Zywicki
    No. 07-20
    Date Posted: 2007
    [Abstract ]
  • "Left Behind" after Sarbanes-Oxley
    By: Craig Lerner, Moin Yahya
    No. 07-18
    Date Posted: 2007
    [Abstract ]
  • Is Post-Kelo Eminent Domain Reform Bad for the Poor?
    By: Ilya Somin
    No. 07-17
    Date Posted: 2007
    [Abstract ]
  • Liberal Hegemony? School Vouchers and the Future of the Race
    By: Harry Hutchison
    No. 07-16
    Date Posted: 2007
    [Abstract ]
  • Shaming Kindergarteners? Channeling Dred Scott? Freedom of Expression Rights in Public Schools
    By: Harry Hutchison
    No. 07-15
    Date Posted: 2007
    [Abstract ]
  • The Limits of Backlash: Assessing the Political Response to Kelo
    By: Ilya Somin
    No. 07-14
    Date Posted: 2007
    [Abstract ]
  • Gordon Tullock's Critique of the Common Law
    By: Todd Zywicki
    No. 07-13
    Date Posted: 2007
    [Abstract ]
  • B.R. & G.T. Curtis
    By: Ross Davies, Curtis Gannon
    No. 07-12
    Date Posted: 2007
    [Abstract ]
  • Expert Witnesses, Adversarial Bias, and the (Partial) Failure of the Daubert Revolution
    By: David Bernstein
    No. 07-11
    Date Posted: 2007
    [Abstract ]
  • Evolutionary Psychology
    By: Todd Zywicki
    No. 07-10
    Date Posted: 2007
    [Abstract ]
  • Consumer Bankruptcy
    By: Todd Zywicki
    No. 07-09
    Date Posted: 2007
    [Abstract ]
  • The Detainee Cases of 2004 and 2006 and their Aftermath
    By: Ronald Rotunda
    No. 07-08
    Date Posted: 2007
    [Abstract ]
  • The U.S. Federal Trade Commission and Competition Advocacy: Lessons for Latin American Competition Policy
    By: James L. Cooper, Todd Zywicki
    No. 07-07
    Date Posted: 2007
    [Abstract ]
  • Speed, Safety, and Dignity: Pediatric Pharmaceutical Development in an Age of Optimism
    By: Randall Clark
    No. 07-06
    Date Posted: 2007
    [Abstract ]
  • Posner, Hayek & the Economic Analysis of Law
    By: Anthony Sanders, Todd Zywicki
    No. 07-05
    Date Posted: 2007
    [Abstract ]
  • The Hypocrisy of the Milberg Indictment: The Need for a Coherent Framework on Paying for Cooperation in Litigation
    By: Bruce Kobayashi, Larry Ribstein
    No. 07-04
    Date Posted: 2007
    [Abstract ]
  • The Effect of Contract Regulation: The Case of Franchising
    By: Jonathan Klick, Bruce Kobayashi, Larry Ribstein
    No. 07-03
    Date Posted: 2007
    [Abstract ]
  • The Angel is in the Big Picture: A Response to Lemley
    By: Samson Vermont
    No. 07-02
    Date Posted: 2007
    [Abstract ]
  • Property Tests, Due Process Tests and Regulatory Takings Jurisprudence
    By: Steven Eagle
    No. 07-01
    Date Posted: 2007
    [Abstract ]

2006

  • Remarks on the Lewis & Clark Law School Business Law Forum: Behavioral Analysis of Corporate Law: Instruction or Distraction
    By: Henry Manne
    No. 06-52
    Date Posted: 2006
    [Abstract ]
  • Evaluating the WTO's Two Step Test for Environmental Measures Under Article XX
    By: Nita Ghei
    No. 06-48
    Date Posted: 2006
    [Abstract ]
  • The Reluctant Recusants: Two Parables of Supreme Judicial Disqualification
    By: Ross Davies
    No. 06-51
    Date Posted: 2006
    [Abstract ]
  • A Free Market Model of a Large Corporation System
    By: Henry Manne
    No. 06-50
    Date Posted: 2006
    [Abstract ]
  • How Law and Economics was Marketed in a Hostile World: A Very Personal History
    By: Henry Manne
    No. 06-49
    Date Posted: 2006
    [Abstract ]
  • Insider Trading: Hayek, Virtual Markets, and the Dog that did not Bark
    By: Henry Manne
    No. 06-41
    Date Posted: 2006
    [Abstract ]
  • Should International Law be Part of Our Law
    By: John McGinnis, Ilya Somin
    No. 06-46
    Date Posted: 2006
    [Abstract ]
  • A False Dawn for Federalism: Clear Statement Rules after Gonzales v. Raich
    By: Ilya Somin
    No. 06-45
    Date Posted: 2006
    [Abstract ]
  • Spectrum Allocation in Latin America: An Economic Analysis
    By: Thomas Hazlett, Roberto Muñoz
    No. 06-44
    Date Posted: 2006
    [Abstract ]
  • Judicial Ethics, The Appearance of Impropriety, and the Proposed New ABA Judicial Code
    By: Ronald Rotunda
    No. 06-43
    Date Posted: 2006
    [Abstract ]
  • The Propriety of a Judge's Failure to Recuse When Being Considered for Another Position
    By: Ronald Rotunda
    No. 06-42
    Date Posted: 2006
    [Abstract ]
  • Singing Along: A Comment on Goldberg & Muris on the Three Tenors
    By: Joshua Wright
    No. 06-39
    Date Posted: 2006
    [Abstract ]
  • The Antitrust Law and Economics of Category Management
    By: Benjamin Klein, Joshua Wright
    No. 06-38
    Date Posted: 2006
    [Abstract ]
  • The Economics of Slotting Contracts
    By: Benjamin Klein, Joshua Wright
    No. 06-37
    Date Posted: 2006
    [Abstract ]
  • Missed Opportunities in Independent Ink
    By: Joshua Wright
    No. 06-36
    Date Posted: 2006
    [Abstract ]
  • Economic Salvation in a Restive Age: The Demand for Secular Salvation Has Not Abated
    By: Steven Eagle
    No. 06-35
    Date Posted: 2006
    [Abstract ]
  • The Other Supreme Court
    By: Ross Davies
    No. 06-34
    Date Posted: 2006
    [Abstract ]
  • Public Services Meet Private Law
    By: Michael Krauss
    No. 06-33
    Date Posted: 2006
    [Abstract ]
  • Lochner v. New York: A Centennial Retrospective
    By: David Bernstein
    No. 06-32
    Date Posted: 2006
    [Abstract ]
  • Gonzales v. Raich: Federalism as a Casualty of the War on Drugs
    By: Ilya Somin
    No. 06-31
    Date Posted: 2006
    [Abstract ]
  • Knowledge about Ignorance: New Directions in the Study of Political Information
    By: Ilya Somin
    No. 06-30
    Date Posted: 2006
    [Abstract ]
  • A Constitutional Right to Self Defense?
    By: Nelson Lund
    No. 06-29
    Date Posted: 2006
    [Abstract ]
  • A Welfare Analysis of Spectrum Allocation Policies
    By: Thomas Hazlett, Roberto Muñoz
    No. 06-28
    Date Posted: 2006
    [Abstract ]
  • Independent Invention as a Defense to Patent Infringement
    By: Samson Vermont
    No. 06-27
    Date Posted: 2006
    [Abstract ]
  • Contemporary Unionism as a Fraternal Conceit? A Review of George C. Leef's Free Choice for Workers: A History of the Right-to-Work Movement
    By: Harry Hutchison
    No. 06-26
    Date Posted: 2006
    [Abstract ]
  • MasterCard's Single Entity Strategy
    By: Joshua Wright
    No. 06-25
    Date Posted: 2006
    [Abstract ]
  • Principles for a Successful Competition Agency
    By: Timothy Muris
    No. 06-24
    Date Posted: 2006
    [Abstract ]
  • More Than Law Enforcement: The FTC's Many Tools - A Conversation with Tim Muris and Bob Pitofsky
    By: Timothy Muris
    No. 06-23
    Date Posted: 2006
    [Abstract ]
  • Payment Card Regulation and the (Mis)Application of the Economics of Two-Sided Markets
    By: Timothy Muris
    No. 06-22
    Date Posted: 2006
    [Abstract ]
  • Discordant Notes: A Reply to Professor Wright
    By: Timothy Muris
    No. 06-21
    Date Posted: 2006
    [Abstract ]
  • A Response to Professor Goldberg: An Anticompetitive Restraint by Any Other Name
    By: Timothy Muris
    No. 06-20
    Date Posted: 2006
    [Abstract ]
  • A Clearing in the Forest: Infusing the Labor Union Dues Dispute with First Amendment Values
    By: Harry Hutchison
    No. 06-19
    Date Posted: 2006
    [Abstract ]
  • The Most Important Article of All Time
    By: Ross Davies
    No. 06-18
    Date Posted: 2006
    [Abstract ]
  • Faithless Electors of 1912: Arthur Wakeling on the Kansas Electoral Case
    By: Ross Davies
    No. 06-17
    Date Posted: 2006
    [Abstract ]
  • Outsider Trading as an Incentive Device
    By: Bruce Kobayashi, Larry Ribstein
    No. 06-16
    Date Posted: 2006
    [Abstract ]
  • The Economics of Federalism
    By: Bruce Kobayashi, Larry Ribstein
    No. 06-15
    Date Posted: 2006
    [Abstract ]
  • Slotting Contracts and Consumer Welfare
    By: Joshua Wright
    No. 06-14
    Date Posted: 2006
    [Abstract ]
  • A Certain Mongrel Court: Congress's Past Power and Present Potential To Reinforce the Supreme Court
    By: Ross Davies
    No. 06-13
    Date Posted: 2006
    [Abstract ]
  • Strike Season: Protecting Labor-Management Conflict in the Age of Terror
    By: Ross Davies
    No. 06-12
    Date Posted: 2006
    [Abstract ]
  • William Cushing, Chief Justice of the United States
    By: Ross Davies
    No. 06-11
    Date Posted: 2006
    [Abstract ]
  • The Green Costs of Kelo: Economic Development Takings and Environmental Protection
    By: Jonathan Adler, Ilya Somin
    No. 06-10
    Date Posted: 2006
    [Abstract ]
  • Is Constitution Day Constitutional?
    By: Nelson Lund
    No. 06-09
    Date Posted: 2006
    [Abstract ]
  • "Active Liberty" and Judicial Power: What Should Courts Do to Promote Democracy?
    By: Ilya Somin
    No. 06-08
    Date Posted: 2006
    [Abstract ]
  • Property Rights to Radio Spectrum in Guatemala and El Salvador: An Experiment in Liberalization
    By: Thomas Hazlett, Giancarlo Ibárgüen, Wayne Leighton
    No. 06-07
    Date Posted: 2006
    [Abstract ]
  • Cable TV Franchises As Barriers To Video Competition
    By: Thomas Hazlett
    No. 06-06
    Date Posted: 2006
    [Abstract ]
  • Shedding Tiers for a la Carte? -- An Economic Analysis of Cable TV Pricing
    By: Thomas Hazlett
    No. 06-05
    Date Posted: 2006
    [Abstract ]
  • The Red Menace Revisited
    By: David Bernstein
    No. 06-04
    Date Posted: 2006
    [Abstract ]
  • Matching Rules
    By: Vincy Fon, Francesco Parisi
    No. 06-03
    Date Posted: 2006
    [Abstract ]
  • Controlling the Grasping Hand: Economic Development Takings after Kelo
    By: Ilya Somin
    No. 06-01
    Date Posted: 2006
    [Abstract ]
  • The Economics of Treaty Ratification
    By: Vincy Fon, Francesco Parisi
    No. 06-02
    Date Posted: 2006
    [Abstract ]

2005

  • The Comparative Law and Economics of Pure Economic Loss
    By: Mauro Bussani, Vernon Palmer, Francesco Parisi
    No. 05-12
    Date Posted: June 2005
    [Abstract ]
  • Uncertainty of Law and the Legal Process
    By: Giuseppe Dari-Mattiacci, Bruno Deffains
    No. 05-39
    Date Posted: 2005
    [Abstract ]
  • The Paradox of Legal Harmonization
    By: Emanuela Carbonara, Francesco Parisi
    No. 05-40
    Date Posted: 2005
    [Abstract ]
  • Mutual Funds, Conflicts of Interest, and Regulatory Error: A Property Rights Approach
    By: D. Bruce Johnsen
    No. 05-37
    Date Posted: 2005
    [Abstract ]
  • The Fall and Rise of Functional Property
    By: Francesco Parisi
    No. 05-38
    Date Posted: 2005
    [Abstract ]
  • Does Economics Provide a Reliable Guide to Regulating Commodity Bundling by Firms? A Survey of the Economic Literature
    By: Bruce Kobayashi
    No. 05-35
    Date Posted: 2005
    [Abstract ]
  • The Hazards of Precedent: A Parameterization of Legal Change
    By: Charles Keckler
    No. 05-36
    Date Posted: 2005
    [Abstract ]
  • Have Gun, Can't Travel: The Right to Arms under the Privileges and Immunities Clause of Article IV
    By: Nelson Lund
    No. 05-34
    Date Posted: 2005
    [Abstract ]
  • The Formation of International Treaties
    By: Vincy Fon, Francesco Parisi
    No. 05-33
    Date Posted: 2005
    [Abstract ]
  • Limiting Limited Liability
    By: Giuseppe Dari-Mattiacci
    No. 05-32
    Date Posted: 2005
    [Abstract ]
  • Securing a Reliable Electricity Grid: A New Era in Transmission Siting Regulation?
    By: Steven Eagle
    No. 05-31
    Date Posted: 2005
    [Abstract ]
  • 'Sui Generis': An Antitrust Analysis of Buyer Power in the United States and European Union
    By: Richard Scheelings, Joshua Wright
    No. 05-30
    Date Posted: 2005
    [Abstract ]
  • A Law and Economics Perspective on Terrorism
    By: Nuno Garoupa, Jonathan Klick, Francesco Parisi
    No. 05-29
    Date Posted: 2005
    [Abstract ]
  • Antitrust Law and Competition for Distribution
    By: Joshua Wright
    No. 05-28
    Date Posted: 2005
    [Abstract ]
  • Two Tales of Bundling: Implications for the Application of Antitrust Law to Bundled Discounts
    By: Bruce Kobayashi
    No. 05-27
    Date Posted: 2005
    [Abstract ]
  • The Economics of Loyalty Discounts and Antitrust Law in the United States
    By: Bruce Kobayashi
    No. 05-26
    Date Posted: 2005
    [Abstract ]
  • Substituting Complements
    By: Giuseppe Dari-Mattiacci, Francesco Parisi
    No. 05-25
    Date Posted: 2005
    [Abstract ]
  • Calling a Truce in the Culture Wars: From Enron to the CIA
    By: Craig Lerner
    No. 05-24
    Date Posted: 2005
    [Abstract ]
  • Core of Pure Economic Loss
    By: Giuseppe Dari-Mattiacci,
    No. 05-22
    Date Posted: 2005
    [Abstract ]
  • Reasonable Suspicion and Mere Hunches
    By: Craig Lerner
    No. 05-20
    Date Posted: 2005
    [Abstract ]
  • Private Property, Development and Freedom: On Taking Our Own Advice
    By: Steven Eagle
    No. 05-19
    Date Posted: 2005
    [Abstract ]
  • The Reasonableness of Probable Cause
    By: Craig Lerner
    No. 05-18
    Date Posted: 2005
    [Abstract ]
  • Expressive Association after Dale
    By: David Bernstein
    No. 05-17
    Date Posted: 2005
    [Abstract ]
  • Is Forum-Shopping Corrupting America's Bankruptcy Courts? - Review of Lynn M. LoPucki, Courting Failure: How Competition for Big Cases is Corrupting the Bankruptcy Courts
    By: Todd Zywicki
    No. 05-16
    Date Posted: 2005
    [Abstract ]
  • Learning the Wrong Lessons from 'An American Tragedy': A Critique of the Berger-Twerski Informed Choice Proposal
    By: David Bernstein
    No. 05-15
    Date Posted: 2005
    [Abstract ]
  • Bolling, Equal Protection, Due Process, and Lochnerphobia
    By: David Bernstein
    No. 05-14
    Date Posted: 2005
    [Abstract ]
  • Neuroeconomics and Rationality
    By: Terrence Chorvat, Kevin McCabe
    No. 05-13
    Date Posted: 2005
    [Abstract ]
  • An Economic Analysis of the Private and Social Costs of the Provision of Cybersecurity and other Public Security Goods
    By: Bruce Kobayashi
    No. 05-11
    Date Posted: 2005
    [Abstract ]
  • Fig Leaf Federalism and Tenth Amendment Exceptionalism
    By: Nelson Lund
    No. 05-10
    Date Posted: 2005
    [Abstract ]
  • Modernization of European Antitrust Enforcement: The Economics of Regulatory Competition
    By: Ben Depoorter, Francesco Parisi
    No. 05-09
    Date Posted: 2005
    [Abstract ]
  • The FTC and State Action: Evolving Views on the Proper Role of Government
    By: John Delacourt, Todd Zywicki
    No. 05-08
    Date Posted: 2005
    [Abstract ]
  • Institutions, Incentives, and Consumer Bankruptcy Reform
    By: Todd Zywicki
    No. 05-07
    Date Posted: 2005
    [Abstract ]
  • Soft Regulators, Tough Judges
    By: Giuseppe Dari-Mattiacci, Gerrit DeGeest
    No. 05-06
    Date Posted: 2005
    [Abstract ]
  • A Response to Professor Goldberg: An Anticompetitive Restraint by Any Other Name . . .
    By: Timothy Muris
    No. 05-05
    Date Posted: 2005
    [Abstract ]
  • Overcoming Poletown
    By: Ilya Somin
    No. 05-04
    Date Posted: 2005
    [Abstract ]
  • Taxing Utility
    By: Terrence Chorvat
    No. 05-03
    Date Posted: 2005
    [Abstract ]
  • Disappearing Defendants V. Judgment Proof Injurers: Upgrading The Theory Of Tort Law Failures
    By: Giuseppe Dari-Mattiacci, Barbara Mangan
    No. 05-01
    Date Posted: 2005
    [Abstract ]

2004

  • Whistle Blowing
    By: Jeff De Mot, Ben Depoorter
    No. 04-56
    Date Posted: 2004
    [Abstract ]
  • Defining Dicta
    By: Michael Abramowicz, Maxwell Stearns
    No. 04-55
    Date Posted: 2004
    [Abstract ]
  • The Law and Economics of Cybersecurity: An Introduction
    By: Mark Grady, Francesco Parisi
    No. 04-54
    Date Posted: 2004
    [Abstract ]
  • Putting Humpty Dumpty Back Together: Pricing in Anticommons Property Arrangements
    By: Ben Depoorter, Sven Vanneste
    No. 04-53
    Date Posted: 2004
    [Abstract ]
  • The Unsolvable Dilemma of a Paretian Policymaker
    By: Giuseppe Dari-Mattiacci, Nuno Garoupa
    No. 04-52
    Date Posted: 2004
    [Abstract ]
  • Judicial Power and Civil Rights Reconsidered
    By: David Bernstein, Ilya Somin
    No. 04-51
    Date Posted: 2004
    [Abstract ]
  • Does Soft Dollar Brokerage Benefit Portfolio Investors: Agency Problem or Solution?
    By: Stephen Horan, D. Bruce Johnsen
    No. 04-50
    Date Posted: 2004
    [Abstract ]
  • A Culturally Correct Proposal to Privatize the British Columbia Salmon Fishery
    By: D. Bruce Johnsen
    No. 04-49
    Date Posted: 2004
    [Abstract ]
  • Theory and Practice of Competition Advocacy at the FTC
    By: James L. Cooper, Paul Pautler, Todd Zywicki
    No. 04-48
    Date Posted: 2004
    [Abstract ]
  • Rents, Dissipation, and Lost Treasures with N Parties
    By: Giuseppe Dari-Mattiacci, Eric Langlais, Francesco Parisi
    No. 04-47
    Date Posted: 2004
    [Abstract ]
  • Wine Wars:The 21st Amendment and Discriminatory Bans to DirectShipment of Wine
    By: Todd Zywicki
    No. 04-46
    Date Posted: 2004
    [Abstract ]
  • Obesity and Advertising Policy
    By: Deborah Holt, Maureen Ohlhausen, Todd Zywicki
    No. 04-45
    Date Posted: 2004
    [Abstract ]
  • The Constitution in Two Dimensions:A Transaction Cost Analysis of Constitutional Remedies
    By: Eugene Kontorovich
    No. 04-44
    Date Posted: 2004
    [Abstract ]
  • Legislators as the 'American Criminal Class:' Why Congress (Sometimes) Protects the Rights of Defendants
    By: Craig Lerner
    No. 04-43
    Date Posted: 2004
    [Abstract ]
  • "Accommodations" for the Learning Disabled: A Level Playing Field or Affirmative Action for Elites?
    By: Craig Lerner
    No. 04-42
    Date Posted: 2004
    [Abstract ]
  • Social Networks, Self Denial, and Median Preferences: Conformity as an Evolutionary Strategy
    By: Jonathan Klick, Francesco Parisi
    No. 04-41
    Date Posted: 2004
    [Abstract ]
  • Wireless Telecommunications, Infrastructure Security, and the NIMBY Problem
    By: Steven Eagle
    No. 04-40
    Date Posted: 2004
    [Abstract ]
  • On The Optimal Scope of Negligence
    By: Giuseppe Dari-Mattiacci
    No. 04-39
    Date Posted: 2004
    [Abstract ]
  • Implementing Sosa v. Alvarez-Machain: What Piracy Teaches About the Limits of the Alien Tort Statute
    By: Eugene Kontorovich
    No. 04-38
    Date Posted: 2004
    [Abstract ]
  • Soft Negligence And Cause In Fact: A Comment On Ganuza And Gomez
    By: Giuseppe Dari-Mattiacci
    No. 04-37
    Date Posted: 2004
    [Abstract ]
  • The Entrepreneurship Effect: An Accidental Externality in the Federal Income Tax
    By: Leandra Lederman
    No. 04-36
    Date Posted: 2004
    [Abstract ]
  • An Economic Analysis of the Consumer Bankruptcy Crisis
    By: Todd Zywicki
    No. 04-35
    Date Posted: 2004
    [Abstract ]
  • Environmental Amenities, Private Property and Public Policy
    By: Steven Eagle
    No. 04-34
    Date Posted: 2004
    [Abstract ]
  • The Brain and the Law
    By: Terrence Chorvat, Kevin McCabe
    No. 04-33
    Date Posted: 2004
    [Abstract ]
  • On the Optimal Specificity of Legal Rules
    By: Vincy Fon, Francesco Parisi
    No. 04-32
    Date Posted: 2004
    [Abstract ]
  • Legislation and Countervailing Effects from Social Norms
    By: Francesco Parisi, Georg Von Wagenheim
    No. 04-31
    Date Posted: 2004
    [Abstract ]
  • Populism and Patents
    By: Kimberly Moore
    No. 04-30
    Date Posted: 2004
    [Abstract ]
  • Worthless Patents
    By: Kimberly Moore
    No. 04-29
    Date Posted: 2004
    [Abstract ]
  • Xenophobia in American Courts
    By: Kimberly Moore
    No. 04-28
    Date Posted: 2004
    [Abstract ]
  • Least Cost Avoidance
    By: Giuseppe Dari-Mattiacci, Nuno Garoupa
    No. 04-27
    Date Posted: 2004
    [Abstract ]
  • The Rehnquist Court's Pragmatic Approach to Civil Rights
    By: Nelson Lund
    No. 04-26
    Date Posted: 2004
    [Abstract ]
  • The Filtering Effect of Sharing Rules
    By: Giuseppe Dari-Mattiacci, Gerrit DeGeest
    No. 04-24
    Date Posted: 2004
    [Abstract ]
  • From "Tragedy" to "Disaster": Welfare Effects of Commons and Anticommons Dilemmas
    By: Ben Depoorter, Francesco Parisi, Alain Van Hiel, Sven Vanneste
    No. 04-23
    Date Posted: 2004
    [Abstract ]
  • Positive, Normative and Functional Schools in Law and Economics
    By: Francesco Parisi
    No. 04-22
    Date Posted: 2004
    [Abstract ]
  • The Federal Trade Commission and the Future Development of U.S. Consumer Protection Policy
    By: Timothy Muris
    No. 04-19
    Date Posted: 2004
    [Abstract ]
  • Looking Forward: The Federal Trade Commission and the Future Development of U.S. Competition Policy
    By: Timothy Muris
    No. 04-21
    Date Posted: 2004
    [Abstract ]
  • How History Can Inform Practice in Modern U.S. Competition Policy
    By: Timothy Muris
    No. 04-20
    Date Posted: 2004
    [Abstract ]
  • State Intervention/State Action — A U.S. Perspective
    By: Timothy Muris
    No. 04-18
    Date Posted: 2004
    [Abstract ]
  • Lawrence v. Texas and Judicial Hubris
    By: Nelson Lund, John McGinnis
    No. 04-17
    Date Posted: 2004
    [Abstract ]
  • The Law and Economics of Irrational Behavior: An Introduction
    By: Francesco Parisi, Vernon Smith
    No. 04-16
    Date Posted: 2004
    [Abstract ]
  • Judicial Precedents in Civil Law Systems: A Dynamic Analysis
    By: Vincy Fon, Francesco Parisi
    No. 04-15
    Date Posted: 2004
    [Abstract ]
  • Can Tort Reform and Federalism Coexist?
    By: Michael Krauss, Robert Levy
    No. 04-14
    Date Posted: 2004
    [Abstract ]
  • Causation and Responsibility: The Compensation Principle From Grotius to Calabresi
    By: Vincy Fon, Francesco Parisi
    No. 04-13
    Date Posted: 2004
    [Abstract ]
  • Keeping Junk Science out of Asbestos Litigation
    By: David Bernstein
    No. 04-11
    Date Posted: 2004
    [Abstract ]
  • Reconciling Group Selection and Methodological Individualism
    By: Todd Zywicki
    No. 04-12
    Date Posted: 2004
    [Abstract ]
  • Richard Posner's Democratic Pragmatism
    By: Ilya Somin
    No. 04-09
    Date Posted: 2004
    [Abstract ]
  • Class Action Lawyers As Lawmakers
    By: Bruce Kobayashi, Larry Ribstein
    No. 04-08
    Date Posted: 2004
    [Abstract ]
  • Law & Neuroeconomics
    By: Terrence Chorvat, Kevin McCabe, Vernon Smith
    No. 04-07
    Date Posted: 2004
    [Abstract ]
  • The Daubert Trilogy In The States
    By: David Bernstein, Jeffrey Jackson
    No. 04-06
    Date Posted: 2004
    [Abstract ]
  • The Health Effects Of Alcohol: Do Controls For Demographics And Other Risky Habits Affect The Conclusions?
    By: Richard Ippolito
    No. 04-05
    Date Posted: 2004
    [Abstract ]
  • Dworkin's Fallacy, Or What the Philosophy of Language Can't Teach Us About
    By: Michael Green
    No. 04-04
    Date Posted: 2004
    [Abstract ]
  • Judgment Proofness under Four Different Precaution Technologies
    By: Giuseppe Dari-Mattiacci, Gerrit DeGeest
    No. 04-03
    Date Posted: 2004
    [Abstract ]
  • Defending The First Amendment From Antidiscrimination Laws
    By: David Bernstein
    No. 04-02
    Date Posted: 2004
    [Abstract ]
  • Accommodating a New Tenant in the House of Cards: Introducing Competition Into a Network Industry
    By: Amitai Aviram
    No. 04-01
    Date Posted: 2004
    [Abstract ]

2003

  • Perception and Income: The Behavioral Economics of the Realization Doctrine
    By: Terrence Chorvat
    No. 03-23
    Date Posted: 2003
    [Abstract ]
  • The Arab League Boycott and WTO Accession: Can Foreign Policy Excuse Discriminatory Sanctions?
    By: Eugene Kontorovich
    No. 03-22
    Date Posted: 2003
    [Abstract ]
  • Stability And Change In International Customary Law
    By: Vincy Fon, Francesco Parisi
    No. 03-21
    Date Posted: 2003
    [Abstract ]
  • Offsetting Behavior in the Workplace
    By: Jonathan Klick,
    No. 03-19
    Date Posted: 2003
    [Abstract ]
  • Lochner Era Revisionism, Revised: Lochner and the Origins of Fundamental Rights Constitutionalism
    By: David Bernstein
    No. 03-18
    Date Posted: 2003
    [Abstract ]
  • Cyclical Market Power
    By: Amitai Aviram
    No. 03-17
    Date Posted: 2003
    [Abstract ]
  • Intra-Jurisdictional Tax Competition
    By: Jonathan Klick, Francesco Parisi
    No. 03-16
    Date Posted: 2003
    [Abstract ]
  • Lochner's Legacy's Legacy
    By: David Bernstein
    No. 03-15
    Date Posted: 2003
    [Abstract ]
  • Non-Spontaneous Evolution of Private Legal Systems
    By: Amitai Aviram
    No. 03-14
    Date Posted: 2003
    [Abstract ]
  • Tax Compliance and the Reformed IRS
    By: Leandra Lederman
    No. 03-13
    Date Posted: 2003
    [Abstract ]
  • The Interplay Between Norms and Enforcement in Tax Compliance
    By: Leandra Lederman
    No. 03-12
    Date Posted: 2003
    [Abstract ]
  • Simultaneous and Sequential Anticommons
    By: Ben Depoorter, Francesco Parisi, Norbert Schulz
    No. 03-11
    Date Posted: 2003
    [Abstract ]
  • The Piracy Analogy: Modern Universal Jurisdiction's Hollow Foundation
    By: Eugene Kontorovich
    No. 03-10
    Date Posted: 2003
    [Abstract ]
  • Cyberadjudication
    By: Michael Abramowicz
    No. 03-09
    Date Posted: 2003
    [Abstract ]
  • The Limits of Reciprocity for Social Cooperation
    By: Vincy Fon, Francesco Parisi
    No. 03-08
    Date Posted: 2003
    [Abstract ]
  • Replicating Default Risk In A Defined Benefit Plan: A Stock Bonus Plan with Gradual Diversification
    By: Richard Ippolito
    No. 03-07
    Date Posted: 2003
    [Abstract ]
  • When Will Judgment Proof Injurers Take Too Much Precaution?
    By: Giuseppe Dari-Mattiacci, Gerrit DeGeest
    No. 03-56
    Date Posted: 2003
    [Abstract ]
  • Gödel, Kaplow, Shavell: Consistency and Completeness in Social Decisionmaking
    By: Giuseppe Dari-Mattiacci
    No. 03-55
    Date Posted: 2003
    [Abstract ]
  • The Evolution of Sherman Act Case Law: A Roadmap for Competitive Federalism
    By: D. Bruce Johnsen, Moin Yahya
    No. 03-54
    Date Posted: 2003
    [Abstract ]
  • Rents, Dissipation and Lost Treasures: Rethinking Tullock's Paradox
    By: Giuseppe Dari-Mattiacci, Francesco Parisi
    No. 03-53
    Date Posted: 2003
    [Abstract ]
  • Copyrighting Facts
    By: Michael Green
    No. 03-51
    Date Posted: 2003
    [Abstract ]
  • Ending Abuse of Patent Continuations
    By: Charles Lemley, Kimberly Moore
    No. 03-52
    Date Posted: 2003
    [Abstract ]
  • Hans Kelsen and the Logic of Legal Systems
    By: Michael Green
    No. 03-50
    Date Posted: 2003
    [Abstract ]
  • The Economics of Tort Law: A Precis
    By: Giuseppe Dari-Mattiacci, Francesco Parisi
    No. 03-49
    Date Posted: 2003
    [Abstract ]
  • Voter Knowledge and Constitutional Change: Assessing the New Deal Experience
    By: Ilya Somin
    No. 03-48
    Date Posted: 2003
    [Abstract ]
  • Political Ignorance and the Countermajoritarian Difficulty: A New Perspective on the "Central Obsession" of Constitutional
    By: Ilya Somin
    No. 03-47
    Date Posted: 2003
    [Abstract ]
  • Why So Many Bankruptcies And What To Do About It: An Economic Analysis Of Consumer Bankruptcy Law And Bankruptcy Reform
    By: Todd Zywicki
    No. 03-46
    Date Posted: 2003
    [Abstract ]
  • Liability Rules for Constitutional Rights: The Case of Mass Detentions
    By: Eugene Kontorovich
    No. 03-45
    Date Posted: 2003
    [Abstract ]
  • The Rise And Fall Of Communal Liability In Ancient Law
    By: Giuseppe Dari-Mattiacci, Francesco Parisi
    No. 03-44
    Date Posted: 2003
    [Abstract ]
  • Role-Reversibility, Stochastic Ignorance, and the Formation of Norms
    By: Vincy Fon
    No. 03-43
    Date Posted: 2003
    [Abstract ]
  • Adverse Selection and Moral Hazard in Forum Shopping: Conflicts Law as Spontaneous Order
    By: Nita Ghei, Francesco Parisi
    No. 03-42
    Date Posted: 2003
    [Abstract ]
  • Rousseau and Direct Democracy (with a Note on the Supreme Court's Term Limits Decision)
    By: Nelson Lund
    No. 03-41
    Date Posted: 2003
    [Abstract ]
  • Errors and the Functioning of Tort Liability
    By: Giuseppe Dari-Mattiacci
    No. 03-40
    Date Posted: 2003
    [Abstract ]
  • Functional Law and Economics: The Search for Value-Neutral Principles of Lawmaking
    By: Jonathan Klick, Francesco Parisi
    No. 03-39
    Date Posted: 2003
    [Abstract ]
  • The Paradox of Auxiliary Rights: The Privilege Against Self-Incrimination and the Right to Keep and Bear Arms
    By: Michael Green
    No. 03-38
    Date Posted: 2003
    [Abstract ]
  • Health Human Capital And The Cost Of Smoking
    By: Richard Ippolito
    No. 03-37
    Date Posted: 2003
    [Abstract ]
  • Information Markets, Administrative Decisionmaking, and Predictive Cost-Benefit Analysis
    By: Michael Abramowicz
    No. 03-36
    Date Posted: 2003
    [Abstract ]
  • Lost At The Equal Protection Carnival: Nelson Lund's Carnival Of Mirrors
    By: Laurence Tribe
    No. 03-35
    Date Posted: 2003
    [Abstract ]
  • The Unbearable Wrongness Of Bush V. Gore
    By: Laurence Tribe
    No. 03-33
    Date Posted: 2003
    [Abstract ]
  • Carnival of Mirrors: Laurence Tribe's "Unbearable Wrongness"
    By: Nelson Lund
    No. 03-34
    Date Posted: 2003
    [Abstract ]
  • "Equal Protection, My Ass!"? Bush v. Gore and Laurence Tribe's Hall of Mirrors
    By: Nelson Lund
    No. 03-32
    Date Posted: 2003
    [Abstract ]
  • Valuable Patents
    By: John Allison, Charles Lemley, Kimberly Moore, Derek Trunkey
    No. 03-31
    Date Posted: 2003
    [Abstract ]
  • Information Sharing in Critical Infrastructure Industries: Understanding the Behavioral and Economic Impediments
    By: Amitai Aviram, Avishalom Tor
    No. 03-30
    Date Posted: 2003
    [Abstract ]
  • Negative Liability
    By: Giuseppe Dari-Mattiacci
    No. 03-29
    Date Posted: 2003
    [Abstract ]
  • Appellate Courts Inside and Out
    By: Maxwell Stearns
    No. 03-28
    Date Posted: 2003
    [Abstract ]
  • A Beautiful Mend: A Game Theoretical Analysis of the Dormant Commerce Clause
    By: Maxwell Stearns
    No. 03-27
    Date Posted: 2003
    [Abstract ]
  • Lochner's Feminist Legacy
    By: David Bernstein
    No. 03-26
    Date Posted: 2003
    [Abstract ]
  • You Can't Take It With You: Behavioral Finance and Corporate Expatriations
    By: Elizabeth Chorvat
    No. 03-25
    Date Posted: 2003
    [Abstract ]
  • Fragmentation of Property Rights: A Functional Interpretation of the Law of Servitudes
    By: Ben Depoorter, Francesco Parisi
    No. 03-24
    Date Posted: 2003
    [Abstract ]
  • Tenuous Property Rights: The Unraveling Of Defined Benefit Pension Contracts In The United States
    By: Richard Ippolito
    No. 03-06
    Date Posted: 2003
    [Abstract ]
  • Endowments At Birth And Adult Health Childhood: Socioeconomic Factors And Adult Heart Disease
    By: Richard Ippolito
    No. 03-05
    Date Posted: 2003
    [Abstract ]
  • Education Versus Savings As Explanations For Better Health: Evidence From The Health And Retirement Survey
    By: Richard Ippolito
    No. 03-04
    Date Posted: 2003
    [Abstract ]
  • Copyright Redundancy
    By: Michael Abramowicz
    No. 03-03
    Date Posted: 2003
    [Abstract ]
  • Privacy and Firms
    By: Bruce Kobayashi, Larry Ribstein
    No. 03-02
    Date Posted: 2003
    [Abstract ]
  • Two Dimensions of Regulatory Competition
    By: Jonathan Klick, Francesco Parisi, Norbert Schulz
    No. 03-01
    Date Posted: 2003
    [Abstract ]

2002

  • The Market for Intellectual Property: The Case of Complementary Oligopoly
    By: Ben Depoorter, Francesco Parisi
    No. 02-19
    Date Posted: 2002
    [Abstract ]
  • Litigation and the Evolution of Legal Remedies: A Dynamic Model
    By: Vincy Fon, Francesco Parisi
    No. 02-17
    Date Posted: 2002
    [Abstract ]
  • A Geographic Market Power Test for Sherman Act Jurisdiction
    By: D. Bruce Johnsen, Moin Yahya
    No. 02-32
    Date Posted: 2002
    [Abstract ]
  • Revenge and Retaliation
    By: Vincy Fon, Francesco Parisi
    No. 02-31
    Date Posted: 2002
    [Abstract ]
  • Executive Power and Governmental Attorney-Client Privilege: The Clinton Legacy
    By: Douglas Cox, Nelson Lund
    No. 02-30
    Date Posted: 2002
    [Abstract ]
  • Once More unto the Breach: The Inherent Liberalism of the Criminal Law and Liability for Attempting the Impossible
    By: John Hasnas
    No. 02-29
    Date Posted: 2002
    [Abstract ]
  • Equal Opportunity, Affirmative Action, And The Anti-Discrimination Principle: The Philosophical Basis For The Legal Prohibition Of Discrimination
    By: John Hasnas
    No. 02-28
    Date Posted: 2002
    [Abstract ]
  • The Cost of Delegated Control: Vicarious Liability, Secondary Liability and Mandatory Insurance
    By: Giuseppe Dari-Mattiacci, Francesco Parisi
    No. 02-27
    Date Posted: 2002
    [Abstract ]
  • Litigation, Judicial Path-Dependence, and Legal Change
    By: Ben Depoorter, Vincy Fon, Francesco Parisi
    No. 02-26
    Date Posted: 2002
    [Abstract ]
  • Have a Drink on Us: Mental Health Parity, Rational Addiction, and Off-Setting Behavior
    By: Jonathan Klick
    No. 02-25
    Date Posted: 2002
    [Abstract ]
  • International Customary Law and Articulation Theories: An Economic Analysis
    By: Vincy Fon, Francesco Parisi
    No. 02-24
    Date Posted: 2002
    [Abstract ]
  • Baptists? The Political Economy Of Political Environmental Interest Groups
    By: Todd Zywicki
    No. 02-23
    Date Posted: 2002
    [Abstract ]
  • The Past, Present, and Future of Bankruptcy Law in America
    By: Todd Zywicki
    No. 02-22
    Date Posted: 2002
    [Abstract ]
  • The Rise and Fall of Efficiency in the Common Law: A Supply-Side Analysis
    By: Todd Zywicki
    No. 02-21
    Date Posted: 2002
    [Abstract ]
  • The Rule of Law, Freedom, and Prosperity
    By: Todd Zywicki
    No. 02-20
    Date Posted: 2002
    [Abstract ]
  • The Differential Calculus of Consent
    By: Jonathan Klick, Francesco Parisi
    No. 02-18
    Date Posted: 2002
    [Abstract ]
  • Autocrats and the Environment or It's Easy Being Green
    By: Jonathan Klick
    No. 02-16
    Date Posted: 2002
    [Abstract ]
  • Limited Autocracy
    By: Jonathan Klick
    No. 02-15
    Date Posted: 2002
    [Abstract ]
  • Salvation as a Selective Incentive: An Olsonian Analysis of the Faith vs. Works Cleavage
    By: Jonathan Klick
    No. 02-14
    Date Posted: 2002
    [Abstract ]
  • Reciprocity-Induced Cooperation
    By: Vincy Fon, Francesco Parisi
    No. 02-13
    Date Posted: 2002
    [Abstract ]
  • Apologia for the Double Tax of Corporation Income
    By: Terrence Chorvat
    No. 02-12
    Date Posted: 2002
    [Abstract ]
  • The Effect of Abortion Legalization on the Incidence of Sexually Transmitted Diseases
    By: Jonathan Klick,
    No. 02-11
    Date Posted: 2002
    [Abstract ]
  • The Evolving Partnership
    By: Larry Ribstein
    No. 02-10
    Date Posted: 2002
    [Abstract ]
  • Product Liability and Game Theory: One More Trip to the Choice-of-Law Well
    By: Michael Krauss
    No. 02-09
    Date Posted: 2002
    [Abstract ]
  • Role Of Reciprocity In International Law
    By: Nita Ghei, Francesco Parisi
    No. 02-08
    Date Posted: 2002
    [Abstract ]
  • Treaty Reservations and the Economics of Article 21 (1) of the Vienna Convention
    By: Francesco Parisi, Catherine Sevcenko
    No. 02-07
    Date Posted: 2002
    [Abstract ]
  • Jury Demands: Who's Asking?
    By: Kimberly Moore
    No. 02-06
    Date Posted: 2002
    [Abstract ]
  • Xenophobia
    By: Kimberly Moore
    No. 02-05
    Date Posted: 2002
    [Abstract ]
  • Antitrust, Agency and Amnesty: An Economic Analysis of the Criminal Enforcement of the Antitrust Laws Against Corporations
    By: Bruce Kobayashi
    No. 02-04
    Date Posted: 2002
    [Abstract ]
  • Fragmentation in Property: Towards a General Model
    By: Ben Depoorter, Francesco Parisi, Norbert Schulz
    No. 02-03
    Date Posted: 2002
    [Abstract ]
  • Freedom of Contract and the Laws of Entropy
    By: Francesco Parisi
    No. 02-02
    Date Posted: 2002
    [Abstract ]
  • Rethinking Forum Shopping in Cyberspace
    By: Kimberly Moore
    No. 02-01
    Date Posted: 2002
    [Abstract ]

2001

  • State Regulation of Electronic Commerce
    By: Bruce Kobayashi, Larry Ribstein
    No. 01-31
    Date Posted: 2001
    [Abstract ]
  • Comparative Causation
    By: Vincy Fon, Francesco Parisi
    No. 01-30
    Date Posted: 2001
    [Abstract ]
  • Perfecting Patent Prizes
    By: Michael Abramowicz
    No. 01-29
    Date Posted: 2001
    [Abstract ]
  • The Disunity of Unanimity
    By: Jonathan Klick, Francesco Parisi
    No. 01-28
    Date Posted: 2001
    [Abstract ]
  • Votes and Outcomes: Rethinking the Politics-Like-Markets Metaphor
    By: Francesco Parisi
    No. 01-26
    Date Posted: 2001
    [Abstract ]
  • Lessons from the Anti-Commons: The Economics of Tasini v. New York Times
    By: Francesco Parisi, Catherine Sevcenko
    No. 01-25
    Date Posted: 2001
    [Abstract ]
  • Improving the Qualifications of Experts in Medical Malpractice Cases
    By: David Bernstein
    No. 01-24
    Date Posted: 2001
    [Abstract ]
  • Floor Versus Screen Trading in the Stock Market: Comment
    By: Francesco Parisi
    No. 01-23
    Date Posted: 2001
    [Abstract ]
  • Calling a Truce in the Marriage Wars
    By: Francis Buckley, Larry Ribstein
    No. 01-22
    Date Posted: 2001
    [Abstract ]
  • Liability for Pure Financial Loss: Revisiting the Economic Foundations of a Legal Doctrine
    By: Francesco Parisi
    No. 01-21
    Date Posted: 2001
    [Abstract ]
  • The Harmonization of Legal Warranties in European Sales Law: An Economic Analysis
    By: Francesco Parisi
    No. 01-20
    Date Posted: 2001
    [Abstract ]
  • Bankruptcy Law as Social Legislation
    By: Todd Zywicki
    No. 01-18
    Date Posted: 2001
    [Abstract ]
  • The Unbearable Rightness of Bush v. Gore
    By: Nelson Lund
    No. 01-17
    Date Posted: 2001
    [Abstract ]
  • The Value of Waiting in Lawmaking
    By: Vincy Fon, Nita Ghei, Francesco Parisi
    No. 01-16
    Date Posted: 2001
    [Abstract ]
  • Ambiguity and Income Taxation
    By: Terrence Chorvat
    No. 01-15
    Date Posted: 2001
    [Abstract ]
  • Entropy in Property
    By: Francesco Parisi
    No. 01-14
    Date Posted: 2001
    [Abstract ]
  • The Asymmetric Coase Theorem: Dual Remedies for Unified Property
    By: Francesco Parisi
    No. 01-13
    Date Posted: 2001
    [Abstract ]
  • Ethical Rules, Law Firm Structure and Choice of Law
    By: Larry Ribstein
    No. 01-12
    Date Posted: 2001
    [Abstract ]
  • The Ducks Stop Here? The Environmental Challenge to Federalism
    By: Jonathan Adler
    No. 01-11
    Date Posted: 2001
    [Abstract ]
  • The Right of Expressive Association and Private Universities— Racial Preferences and Speech Codes
    By: David Bernstein
    No. 01-10
    Date Posted: 2001
    [Abstract ]
  • Beyond Counting Votes: The Political Economy of Bush v. Gore
    By: Michael Abramowicz, Maxwell Stearns
    No. 01-09
    Date Posted: 2001
    [Abstract ]
  • The Law of Presidential Transitions and the 2000 Election
    By: Todd Zywicki
    No. 01-08
    Date Posted: 2001
    [Abstract ]
  • Frye, Frye, Again: The Past, Present, and Future of the General Acceptance Test
    By: David Bernstein
    No. 01-07
    Date Posted: 2001
    [Abstract ]
  • The Formation of Customary Law
    By: Francesco Parisi
    No. 01-06
    Date Posted: 2001
    [Abstract ]
  • Political Coase Theorem
    By: Francesco Parisi
    No. 01-05
    Date Posted: 2001
    [Abstract ]
  • A Recipe For Cookies: State Regulation Of Consumer Marketing Information
    By: Bruce Kobayashi, Larry Ribstein
    No. 01-04
    Date Posted: 2001
    [Abstract ]
  • Fair Use And Copyright Protection: A Price Theory Explanation
    By: Ben Depoorter, Francesco Parisi
    No. 01-03
    Date Posted: 2001
    [Abstract ]
  • Why an Original can be Better than a Copy: Intellectual Property, the Antitrust Refusal to Deal, and ISO Antitrust Litigation
    By: Michelle Burtis, Bruce Kobayashi
    No. 01-02
    Date Posted: 2001
    [Abstract ]
  • STAND OR DELIVER: Do Liberalized Standing Rules Advance Environmental Protection?
    By: Jonathan Adler
    No. 01-01
    Date Posted: 2001
    [Abstract ]

2000

  • The FTC and the Law of Monopolization
    By: Timothy Muris
    No. 00-34
    Date Posted: 2000
    [Abstract ]
  • Contract and Jurisdictional Freedom
    By: Bruce Kobayashi, Larry Ribstein
    No. 00-33
    Date Posted: 2000
    [Abstract ]
  • Duality in Property: Commons and Anticommons
    By: Ben Depoorter, Francesco Parisi, Norbert Schulz
    No. 00-32
    Date Posted: 2000
    [Abstract ]
  • Limited Partnerships Revisited
    By: Larry Ribstein
    No. 00-31
    Date Posted: 2000
    [Abstract ]
  • California Dental Association v Federal Trade Commission: The Revenge of Footnote 17
    By: Timothy Muris
    No. 00-30
    Date Posted: 2000
    [Abstract ]
  • Law v. Trust
    By: Larry Ribstein
    No. 00-38
    Date Posted: 2000
    [Abstract ]
  • Lawyers' Property Rights in State Law
    By: Larry Ribstein
    No. 00-43
    Date Posted: 2000
    [Abstract ]
  • Sources of Law and The Institutional Design of Lawmaking
    By: Francesco Parisi
    No. 00-42
    Date Posted: 2000
    [Abstract ]
  • Rule of Reason After California Dental
    By: Timothy Muris
    No. 00-41
    Date Posted: 2000
    [Abstract ]
  • Racism, Railroad Unions, and Labor Regulations
    By: David Bernstein
    No. 00-40
    Date Posted: 2000
    [Abstract ]
  • Antidiscrimination Laws and the First Amendment
    By: David Bernstein
    No. 00-39
    Date Posted: 2000
    [Abstract ]
  • Law and Economics of Survivor
    By: Kimberly Moore, Maxwell Stearns
    No. 00-37
    Date Posted: 2000
    [Abstract ]
  • Public Choice and Tort Reform
    By: Todd Zywicki
    No. 00-36
    Date Posted: 2000
    [Abstract ]
  • Evolutionary Psychology and the Social Sciences
    By: Todd Zywicki
    No. 00-35
    Date Posted: 2000
    [Abstract ]
  • IPO Syndicates, Private Foreknowledge, and the Economics of Excess Search
    By: Yoram Barzel, Michael Habib, D. Bruce Johnsen
    No. 00-29
    Date Posted: 2000
    [Abstract ]
  • Rent-Seeking through Litigation: Adversarial and Inquisitorial Systems Compared
    By: Francesco Parisi
    No. 00-28
    Date Posted: 2000
    [Abstract ]
  • The Genesis of Liability in Ancient Law
    By: Francesco Parisi
    No. 00-27
    Date Posted: 2000
    [Abstract ]
  • Law Partner Expulsion
    By: Larry Ribstein
    No. 00-26
    Date Posted: 2000
    [Abstract ]
  • Book Review: Bruce G. Carruthers & Terrance C. Halliday, Rescuing Business: The Making of Corporate Bankruptcy Law in England and the United States
    By: Todd Zywicki
    No. 00-25
    Date Posted: 2000
    [Abstract ]
  • Some Experimental Evidence on Decision Making in the Absence of Successful Fact Finding
    By: Michael Block, Jeffrey Parker
    No. 00-23
    Date Posted: 2000
    [Abstract ]
  • The Economics of Credit Cards
    By: Todd Zywicki
    No. 00-22
    Date Posted: 2000
    [Abstract ]
  • Precedent Lost: Why Encourage Settlement, and Why Allow Non-Party Involvement in Settlement?
    By: Leandra Lederman
    No. 00-21
    Date Posted: 2000
    [Abstract ]
  • Sex Discrimination Laws vs. Civil Liberties
    By: David Bernstein
    No. 00-20
    Date Posted: 2000
    [Abstract ]
  • Evidence Production in Adversarial vs. Inquisitorial Regimes
    By: Luke Froeb, Bruce Kobayashi
    No. 00-19
    Date Posted: 2000
    [Abstract ]
  • The Fable of the B.A.'s: Network Externalities and the Choice of Business Form
    By: Bruce Kobayashi, Larry Ribstein
    No. 00-18
    Date Posted: 2000
    [Abstract ]
  • Restoring the Boundary Tort Law and the Right to Contract
    By: Michael Krauss
    No. 00-17
    Date Posted: 2000
    [Abstract ]
  • Ending the Taxation of Foreign Business Income
    By: Terrence Chorvat
    No. 00-16
    Date Posted: 2000
    [Abstract ]
  • Portfolio Management, Private Information, and Soft Dollar Brokerage: Agency Theory and Evidence
    By: Stephen Horan, D. Bruce Johnsen
    No. 00-15
    Date Posted: 2000
    [Abstract ]
  • Property Rights, Salmon Husbandry, and Institutional Change Among Northwest Coast Tribes
    By: D. Bruce Johnsen
    No. 00-14
    Date Posted: 2000
    [Abstract ]
  • Plessy v. Lochner: The Berea College Case.
    By: David Bernstein
    No. 00-13
    Date Posted: 2000
    [Abstract ]
  • The Rediscovery of Nationalism
    By: Francis Buckley
    No. 00-12
    Date Posted: 2000
    [Abstract ]
  • A Choice of Law Solution to the Marriage Debates
    By: Francis Buckley, Larry Ribstein
    No. 00-11
    Date Posted: 2000
    [Abstract ]
  • The Uneasy Case for the Flat Tax
    By: Francis Buckley, E.B. Rasmusen
    No. 00-10
    Date Posted: 2000
    [Abstract ]
  • Culture and Liberty
    By: Francis Buckley
    No. 00-09
    Date Posted: 2000
    [Abstract ]
  • Nature of Constitutions
    By: Mark Grady, Michael McGuire
    No. 00-08
    Date Posted: 2000
    [Abstract ]
  • Uniformity, Choice of Law and Software Sales
    By: Bruce Kobayashi, Larry Ribstein
    No. 00-07
    Date Posted: 2000
    [Abstract ]
  • Intellectutal Property and Antitrust Limitations on Contract
    By: Michelle Burtis, Bruce Kobayashi
    No. 00-06
    Date Posted: 2000
    [Abstract ]
  • Ronald Reagan And The Rise Of Large Deficits: What Really Happened In 1981
    By: Timothy Muris
    No. 00-05
    Date Posted: 2000
    [Abstract ]
  • From Politics To Efficiency In Choice Of Law.
    By: Larry Ribstein
    No. 00-04
    Date Posted: 2000
    [Abstract ]
  • Was Hayek Right about Group Selection After All? Review Essay of Unto Others: The Evolution and Psychology of Unselfish Behavior by Elliott Sober and David Sloan Wilson
    By: Todd Zywicki
    No. 00-03
    Date Posted: 2000
    [Abstract ]
  • The Nature of the State and the State of Nature: A Comment on Grady & McGuire's The Nature of Constitutions
    By: Todd Zywicki
    No. 00-02
    Date Posted: 2000
    [Abstract ]
  • Lotteries, Liberty and Legislation
    By: Lloyd Cohen
    No. 00-01
    Date Posted: 2000
    [Abstract ]