The Archives

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

Showing archive for:  “Law & Economics”

Free to Err? An Exchange on Behavioral Law and Economics at the Liberty Forum

Douglas Ginsburg and I have posted “Free to Err: Behavioral Law and Economics and its Implications for Liberty” on the new and very good Liberty Forum.  Our contribution is based upon a more comprehensive analysis of the implications of behavioral law and economics for both economic welfare and liberty forthcoming in the Northwestern Law Review.   ... Free to Err? An Exchange on Behavioral Law and Economics at the Liberty Forum

Further Empirical Evidence on Forum Shopping in Philadelphia Civil Courts

Late last year, with support from the International Center for Law and Economics, I published a paper that empirically analyzed the Philadelphia civil court system. That study focused upon the Philadelphia Complex Litigation Center (PCLC) which handles large mass tort programs including asbestos cases, hormone therapy replacement cases, various prescription drug-related injuries, and other mass ... Further Empirical Evidence on Forum Shopping in Philadelphia Civil Courts

Tomorrow: AALS Antitrust and Economic Regulation and Law and Economics Joint Program

Tomorrow morning at 10:30 I’ll be on a panel at AALS discussing behavioral economics and antitrust law and policy. The panel includes: James Cooper, Bruce Kobayashi, William Kovacic, Steve Salop, Maurice Stucke, Avishalom Tor and myself.  Its a really good group and I’m looking forward to the discussion.  Here are the session details: The program ... Tomorrow: AALS Antitrust and Economic Regulation and Law and Economics Joint Program

Remembering Larry: My Friend, Mentee and a Great Intellect

In 1986, when I set out to develop a Law and Economics-oriented law school at George Mason University, I knew that I had a “secret weapon”, the list of about 450 law professors who had by then attended the Law and Economics Center’s Economics Institutes for Law Professors.  I did not have a large budget, ... Remembering Larry: My Friend, Mentee and a Great Intellect

Larry Ribstein, RIP

This morning our dear colleague, Larry Ribstein, passed away.  The intellectual life of everyone who knew him, of this blog, and of the legal academy at large is deeply diminished for his passing. For me, as for many others, Larry was an important influence, not only intellectually but personally, as well.  Larry was the godfather ... Larry Ribstein, RIP

Kahneman’s Time Interview Fails to Allay Concerns About Behavioral Law and Economics

TOTM alumnus Todd Henderson recently pointed me to a short, ten-question interview Time Magazine conducted with Nobel prize-winning economist Daniel Kahneman.  Prof. Kahneman is a founding father of behavioral economics, which rejects the rational choice model of human behavior (i.e., humans are rational self-interest maximizers) in favor of a more complicated model that incorporates a number ... Kahneman’s Time Interview Fails to Allay Concerns About Behavioral Law and Economics

My New Empirical Study on Defining and Measuring Search Bias

Tomorrow is the deadline for Eric Schmidt to send his replies to the Senate Judiciary Committee’s follow up questions from his appearance at a hearing on Google antitrust issues last month.  At the hearing, not surprisingly, search neutrality was a hot topic, with representatives from the likes of Yelp and Nextag, as well as Expedia’s ... My New Empirical Study on Defining and Measuring Search Bias

Long-Term Research Agendas in Economics (and Law and Economics?)

The NSF has posted responses to its call for “Long-Term Research Agendas.”  HT: Peter Klein. The entire set is available here.  Here’s the description: This is a compendium of fifty-four papers written by distinguished economists in response to an invitation by the National Science Foundation’s Directorate for the Social, Behavioral and Economic Sciences (NSF/SBE) to ... Long-Term Research Agendas in Economics (and Law and Economics?)

Law and economics and the future of law teaching

My blogging colleague Josh Wright has a useful summary of the “Chicago School’s” views of the future of law and economics.  I have some further thoughts. I think the key challenge and imperative for law and econ scholars in law schools will be to relate what they do to the market for their output — ... Law and economics and the future of law teaching

Chicago’s View on the Future of Law and Economics

A very interesting group of essays on the future of law and economics by ten University of Chicago professors.  It is especially interesting in light of the attempt to revitalize law and economics in Chicago.  The essays exhibit a great diversity in views of what lies in store for the future of law and economics ... Chicago’s View on the Future of Law and Economics

The Return of Chicago Law and Economics?

A few years ago, spurred on by Justice Scalia’s observation that the school had lost “the niche it once had as a rigorous and conservative law school,” there was some blog discussion about the apparent decline of Law and Economics at the University of Chicago.  Professor Bainbridge observed that it was certainly the case that ... The Return of Chicago Law and Economics?

ACS Blog Debate on Google: Putting Consumer Welfare First in Antitrust Analysis of Google

[I am participating in an online “debate” at the American Constitution Society with Professor Ben Edelman.  The debate consists of an opening statement and concluding responses to be posted later in the week.  Professor Edelman’s opening statement is here.  I am cross-posting my opening statement here at TOTM.  This is my closing statement] Professor Edelman’s ... ACS Blog Debate on Google: Putting Consumer Welfare First in Antitrust Analysis of Google