Topic
Law and Economics
Posts
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ArticleVol. 91 · Iss. 5
Noise Reduction: The Screening Value of Qui Tam
Whistle-blowing mechanisms have long been recognized and used as tools to encourage the revelation of hidden information. The information sought is often evidence of…
Anthony J. Casey & Anthony Niblett -
ArticleVol. 97 · Iss. 5
Liquid Gold
According to federal health and census data, addiction treatment is expected to be a $42 billion industry in 2020. It has doubled in size…
Katrice Bridges Copeland -
ArticleVol. 91 · Iss. 4
Formalizing Gratuitous And Contractual Transfers: A Situational Theory
By tradition, gifts, wills, and contracts are formalized according to protocols established within each legal category. This Article examines the policies that underlie these…
Adam J. Hirsch -
ArticleVol. 91 · Iss. 2
Intruders in the Boardroom: The Case of Constituency Directors
Under current fiduciary rules, directors who fail to maintain an undivided loyalty to common shareholders are essentially “intruders,” exposed to shareholder retribution and liability…
Simone M. Sepe -
ArticleVol. 97 · Iss. 3
Regulation of Book Markets
Over the years, many European countries have regulated their national book markets. Chief among the regulatory schemes is the resale price maintenance (“RPM”) regime,…
Miriam Marcowitz-Bitton & Jacob Nussim -
ArticleVol. 97 · Iss. 3
The Hidden Transactional Wisdom of Media Discrimination in Pre-AWCPA Copyright
Media neutrality in copyright’s subject matter means that works of authorship are protected against copying, or not, regardless of the tangible medium in which…
Kevin Emerson Collins -
ArticleVol. 97 · Iss. 1
Hushing Contracts
The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills…
David A. Hoffman & Erik Lampmann -
ArticleVol. 98 · Iss. 5
Negative-Value Property
Ownership is commonly regarded as a powerful tool for environmental protection and an essential solution to the tragedy of the commons. But conventional property analysis downplays…
Bruce Huber -
ArticleVol. 98 · Iss. 5
Drugs, Patents, and Well-Being
The ultimate end of patent law should be to spur innovations that improve human welfare—innovations that make people better off. But firms will only invest resources…
Christopher Buccafuso & Jonathan Masur -
ArticleVol. 90 · Iss. 5
Patent Law’s Functionality Malfunction and the Problem of Overbroad, Functional Software Patents
Contemporary software patents are problematic because they are often overbroad. This Article offers a novel explanation of the root cause of this overbreadth. Patent…
Kevin Emerson Collins -
ArticleVol. 90 · Iss. 3
The Trouble with Basic: Price Distortion after Halliburton
Many commentators credit the Supreme Court’s decision in Basic, Inc. v. Levinson, which allowed courts to presume reliance rather than requiring individualized proof, with…
Jill E. Fisch -
ArticleVol. 90 · Iss. 3
Assembling Class Actions
Five times in the past few years, the Supreme Court has engaged the propriety of class actions. Taken together, these cases revisit certain core…
Samuel Issacharoff