Topic
Law and Economics
Posts
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CommentaryVol. 103 · Iss. 4
Control Capture and Competition
This Essay identifies an emerging problem in antitrust law and policy, particularly in the technology industry. Antitrust doctrine aimed at preventing future harms has…
D. Daniel Sokol & Robert J. Rhee -
ArticleVol. 103 · Iss. 4
The Law and Economics of Resilience
The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have…
Doni Bloomfield & Jeff Gordon -
ArticleVol. 103 · Iss. 3
Is Dealmaking Going Out of Fashion? The Impact of the FTC-Tapestry, Inc. Litigation on M&A Activity in the Fashion Industry
Anyone who has watched The Devil Wears Prada remembers the iconic scene where Miranda Priestly, the editor-in-chief of a fashion magazine, disparages Andy, her…
Beverly Rose Lobo -
Online2025
Why Charters?
While charters are poorly designed for broad public transparency, they still provide benefits by functioning like a recording system that reduces investigation costs and…
Abraham J.B. Cable -
NoteVol. 102 · Iss. 5
Crystal Courts and Muddy Waters: Wetland Regulation in a Post-Sackett World
In Sackett v. EPA, the Supreme Court held that the EPA lacks jurisdiction under the Clean Water Act to regulate wetlands, unless those wetlands…
Andrew R. Hilty -
ArticleVol. 102 · Iss. 3
Ameliorative Infringement and Public Interest Damages
Examining the field of trademark law, this article contemplates the potential commercial benefits of infringement—to the holder of the infringed-on mark. Infringement may benefit…
Karl M.F. Lockhart -
ArticleVol. 102 · Iss. 3
Investor Climate Alliances
Climate change causes systemic financial risk, compelling long-term institutional investors to act. Its impacts extend beyond financial harms, aligning institutional investors with socially responsible…
Amelia Miazad -
CommentaryVol. 102 · Iss. 3
Grading Patents
In this Article, we offer a new design for our patent system with a view to optimize its functioning. As multiple patent scholars have…
Roy Baharad & Gideon Parchomovsky -
ArticleVol. 102 · Iss. 2
Water Law Transitions in the Era of Climate Change
Although legal transitions—changes in legislation, regulations, or judicial decisions—are an inevitable part of legal progress, there are certain areas of the law where reform…
Luis Inaraja Vera -
CommentaryVol. 102 · Iss. 2
Consequential Damages Clauses: Alien Vomit Or Intelligent Design?
Hadley v. Baxendale, 9 Exch. 341 (1854), is an old British case commonly taught in first-year contracts classes. The case sets out a limitation…
Tara Chowdhury, Faith Chudkowski, Amanda Dixon, Rishabh Sharma, Madison Sherrill, Hadar Tanne, Stephen J. Choi & Mitu Gulati -
Online2024
Contingent Fees and Access to Justice
In recent years, scholars have documented and lamented the fact that most Americans have difficulty gaining access to justice. Most people simply cannot afford…
Eric Helland & Daniel Klerman -
ArticleVol. 102 · Iss. 1
Criminal Recordkeeping
Business managers must create and keep records for decision-making. Yet doing so presents an obvious problem for those who manage illegal businesses: their records…
Andrew K. Jennings