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The collection of all scholarly commentary on law, economics, and more

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Judd Stone on Misbehavioral Economics: The Misguided Imposition of Behavioral Economics on Antitrust

Behavioral law and economics has arisen to international prominence; between Cass Sunstein’s appointment to head the Office of Information and Regulatory Affairs the United Kingdom’s appointment of a “nudge” bureau, behavioralism has enjoyed a meteoric impact on policymakers.  Thus far, behavioral economists have almost exclusively focused on the myriad foibles or purported cognitive errors which ... Judd Stone on Misbehavioral Economics: The Misguided Imposition of Behavioral Economics on Antitrust

Sprigman and Buccafusco on Valuing Intellectual Property

We would like to start by thanking Josh for inviting us to participate in what promises to be a fascinating discussion on an important subject.  We’re looking forward to engaging with the other members of the symposium. To begin with, we would like to talk about some of our own experimental research on the valuation ... Sprigman and Buccafusco on Valuing Intellectual Property

Thom Lambert on Behavioral Law and Economics and the Conflicting Quirks Problem: A “Realist” Critique

Thom Lambert is Associate Professor of Law at the University of Missouri Behavioralism is mesmerizing.  Ever since I took Cass Sunstein’s outstanding Elements of the Law course as a 1L at the University of Chicago Law School, I’ve been fascinated by studies purporting to show how humans are systematically irrational. It is, of course, the “systematic” part that’s ... Thom Lambert on Behavioral Law and Economics and the Conflicting Quirks Problem: A “Realist” Critique

Geoffrey Manne on Interesting doesn’t necessarily mean policy relevant

Geoffrey A. Manne is Executive Director of the International Center for Law & Economics and Lecturer in Law at Lewis & Clark Law School The problem with behavioral law and economics (and its behavioral economics cousin) is not that it has nothing interesting to say, but rather that the interesting things it has to say ... Geoffrey Manne on Interesting doesn’t necessarily mean policy relevant

Henry Manne on Behavioral Overreach

Henry G. Manne is Dean Emeritus at George Mason University School of Law Behavioral Economics, like so many efforts previously to upend the hegemony of the neo-classical market model, will leave some footprints on the intellectual sands of time.  However, there is no way that it can accomplish what many of its disciples seem, subliminally ... Henry Manne on Behavioral Overreach

David Levine on Behavioral Economics: The Good, the Bad and the Middle Ground

Behavioral economics: love it or hate it – there seems to be no middle ground. Lovers take the obvious fact people are not frictionless maximizing machines together with the false premise that economists assume that they are to conclude that all of economics must be wrong. The haters take the equally obvious fact that laboratories ... David Levine on Behavioral Economics: The Good, the Bad and the Middle Ground

Larry Ribstein on Free to Lose?

Larry E. Ribstein is the Mildred Van Voorhis Jones Chair in Law and the associate dean for Research, University of Illinois College of Law I thought I’d aim my opening post at the question that motivated my interest in this symposium:  is behavioral economics leading us to the end of free markets and the takeover ... Larry Ribstein on Free to Lose?

David Friedman on Behavioral Economics: Intriguing Research Project, with Reservations

I have long argued that the economic assumption of rationality is useful not because it is a complete and correct description of real world behavior but because it describes that part of behavior that is predictable. If half the time an individual takes the actions that best achieve his goals and half the time he ... David Friedman on Behavioral Economics: Intriguing Research Project, with Reservations

Symposium

Free to Choose Symposium

The rise of behavioral economics, and in turn, behavioral law and economics, has been one of the most significant developments in either field in a remarkably short period of time.  In 2010, Nudge is a household name, “libertarian paternalism” is (a hotly debated) a term of art, and behavioral economics has taken made its way from articles, ... Free to Choose Symposium

Casino Games and Antitrust — UPDATED

UPDATE: Link to opinion below. A federal district court judge recently decided an interesting antitrust/ IP case involving “wheel game” slot machines.  IGT sued Bally’s in 2004 for allegedly infringing a number of patents on a “wheel game” slot machine.  Bally’s initially prevailed, winning a pair of summary judgment rulings on the validity of IGT’s ... Casino Games and Antitrust — UPDATED

Correcting Herb Kohl (and Kayak and Bing Travel . . .) on Google/ITA

Today comes news that Senator Kohl has sent a letter to the DOJ urging “careful review” of the proposed Google/ITA merger.  Underlying his concerns (or rather the “concerns raised by a number of industry participants and consumer advocates that I believe warrant careful review”) is this: Many of ITA’s customers believe that access to ITA’s ... Correcting Herb Kohl (and Kayak and Bing Travel . . .) on Google/ITA

2010 ABA Journal Blawg 100

As Larry mentioned, TOTM has been nominated as one of the best legal blogs as selected by the ABA’s editors.  Readers can vote here (after registering with the ABA site) — you can find TOTM in the “Law Prof Plus” category.