The Archives

Everything written by Bruce H. Kobayashi on law, economics, and more

Bruce H. Kobayashi

Bruce H. Kobayashi is the Paige V. and Henry N. Butler Chair in Law and Economics at George Mason University's Antonin Scalia Law School. He teaches litigation and dispute-resolution theory, quantitative forensics, and the legal and economic theory of intellectual property.

Since coming to Scalia Law in 1992, he has been a frequent contributor to economics and law and economics journals. He previously served as a senior economist with the Federal Trade Commission, a senior research associate with the U.S. Sentencing Commission, and an economist with the U.S. Department of Justice. He recently served as the director of the FTC’s Bureau of Economics.

Kobayashi was educated at the University of California, Los Angeles, earning his BS in economics and system science (1981), and his MA (1982) and PhD (1986) in economics.

Posts

Bruce Kobayashi on Copyrighting Law and Deregulation

Bruce H. Kobayashi Sep 20, 2011

My first post discussed one primary impediment to deregulating all the lawyers – which is the current system of legal regulation of lawyers.   Even if one agrees that deregulating all the lawyers may be the ultimate goal, this still leaves the question of how best to achieve this result.  Deregulating all the lawyers may not ... Bruce Kobayashi on Copyrighting Law and Deregulation

CopyrightFair UseIntellectual Property

Bruce Kobayashi on Creative Destruction and the Market for Legal Services

Bruce H. Kobayashi Sep 19, 2011

Innovation and entry by entrepreneurs is a powerful force for change. Joseph Schumpeter saw these forces as the primary engine for long-term growth, even as the process of creative destruction destroyed existing wealth, including monopoly rents associated with established regulatory regimes.  The forces of creative destruction seemingly have their sights squarely on the legal profession, ... Bruce Kobayashi on Creative Destruction and the Market for Legal Services

EconomicsEducationIntellectual Property

Section 2 Symposium: Bruce Kobayashi on Predatory Pricing and the Relevant Measure of Cost

Bruce H. Kobayashi May 06, 2009

Dimming the Court’s Brooke Group Bright Line Administrable Rule? As noted in my earlier post, the Supreme Court’s Brooke Group rule is held out as the primary example of an administrable bright line rule aimed at controlling the costs of type I error. In practice, the Brooke Group above cost rule is not as bright ... Section 2 Symposium: Bruce Kobayashi on Predatory Pricing and the Relevant Measure of Cost

AntitrustDOJ

Section 2 Symposium: Bruce Kobayashi on Are Administrable Bright Line Rules Underutilized in Section 2 Analyses?

Bruce H. Kobayashi May 05, 2009

One of the most important changes in the antitrust laws over the past 40 years has been the diminished reliance of rules of per se illegality in favor of a rule of reason analysis. With the Court’s recent rulings in Leegin (eliminating per se rule for minimum RPM) and Independent Ink (eliminating the per se ... Section 2 Symposium: Bruce Kobayashi on Are Administrable Bright Line Rules Underutilized in Section 2 Analyses?

AntitrustDOJEconomics