Submissions from 2009
Institutions and Economic Performance: An Introduction to the Literature, Kevin E. Davis
Loyalty/Requirement Rebates and the AMC: What is the Appropriate Liability Standard?, Nicholas Economides
The Quest for Appropriate Remedies in the Microsoft Antitrust EU Cases: A Comparative Appraisal, Nicholas Economides and Ioannis Lianos
Just the Facts: The Case for Workplace Transparency, Cynthia Estlund
Employer Reputation at Work, Samuel Estreicher
Trade Unionism Under Globalization: the Demise of Voluntarism?, Samuel Estreicher
A Simple Theory of Takeover Regulation in the United States and Europe, Guido Ferrarini and Geoffrey P. Miller
Extra-territorial Application of Antitrust – The Case of a Small Economy (Israel), Michal Gal
Regional Competition Law Agreements: An Important Step for Antitrust Enforcement, Michal Gal
Efficiency, Fairness, and the Economic Analysis of Tort Law, Mark A. Geistfeld
Products liability, Mark A. Geistfeld
The Value of Consumer Choice in Products Liability, Mark A. Geistfeld
Fiscal Home Rule, Clayton P. Gillette
Standard Form Contracts, Clayton P. Gillette
Ducking Trouble: Congressionally-Induced Selection Bias in the Supreme Court’s Agenda, Anna Harvey and Barry Friedman
Federalism and Public Choice, Roderick M. Hills Jr.
THE LAW, ECONOMICS, AND POLICY OF URBAN CONGESTION, Christian Iaione
The Public Value of Settlement, Samuel Issacharoff and Robert Klonoff
Democracy and Electoral Processes, Samuel Issacharoff and Laura Miller
What Drives the Passage of Damage Caps?, Jonathan Klick and Catherine M. Sharkey
A Modest Proposal for Fixing Delaware’s Broken Duty of Care, Geoffrey P. Miller
Intellectual Hazard: How Conceptual Biases in Complex Organizations Contributed to the Crisis of 2008, Geoffrey P. Miller and Gerald Rosenfeld
Drug Advertising Claims: Preemption's New Frontier, Catherine M. Sharkey
Federalism Accountability: 'Agency-Forcing' Measures, Catherine M. Sharkey
The 2008 Financial Crisis: Implications for Income Tax Reform, Daniel N. Shaviro
THE QUASI-CLASS ACTION METHOD OF MANAGING MULTIDISTRICT LITIGATIONS: PROBLEMS AND A PROPOSAL, Charles Silver and Geoffrey P. Miller
U.S. Nuclear Waste Law and Policy: Fixing a Bankrupt System, Richard B. Stewart
Submissions from 2008
Efficient Breach Theory Through the Looking Glass, Barry E. Adler
The Story of Allis-Chalmers, Caremark, and Stone: Directors’ Evolving Duty to Monitor, Jennifer Arlen
Experimental Law and Economics, Jennifer Arlen and Eric Talley
Corporate Policing and Corporate Governance: What Can We Learn From Hewlett-Packard’s Pretexting Scandal?, Miriam H. Baer
THE LAW, ECONOMICS AND PSYCHOLOGY OF SUBPRIME MORTGAGE CONTRACTS, Oren Bar-Gill
Making Credit Safer, Oren Bar-Gill and Elizabeth Warren
WHAT SHOULD SOCIETY EXPECT FROM HEIRS? A PROPOSAL FOR A COMPREHENSIVE INHERITANCE TAX, Lily L. Batchelder
Modeling Collegial Courts (3): Judicial Objectives, Opinion Content, Voting and Adjudication Equilibria, Charles Cameron and Lewis Kornhauser
A Framework of Takings Compensation Assessment, Yun-chien Chang
An Empirical Study Of Compensation Paid in Eminent Domain Settlements: New York City 1990 – 2002, Yun-chien Chang
Empire Building and Fiscal Illusion? An Empirical Study of Government Official Behaviors in Takings, Yun-chien Chang
Self-Assessment of Takings Compensation: An Empirical Study, Yun-chien Chang
Taking the Measure of Law: The Case of the Doing Business Project, Kevin E. Davis and Michael B. Kruse
The Relationship between Law and Development: Optimists Versus Skeptics, Kevin E. Davis and Michael Trebilcock
Competition Policy Issues in the Consumer Payments Industry, Nicholas Economides
The Flight to New York: An Empirical Study of Choice of Law and Choice of Forum Clauses in Publicly-Held Companies’ Contracts, Theodore Eisenberg and Geoffrey P. Miller
Arbitration's Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, and Emily Sherwin
"Think Global, Act Local": Workplace Representation in a World of Global Labor and Product Market Competition, Samuel Estreicher
Making the Best of a Good Situation: Modernizing State Antitrust Enforcement, Harry First
Netscape is Dead: Remedy Lessons from the Microsoft Litigation, Harry First
Strong Spine, Weak Underbelly: The CFI Microsoft Decision, Harry First
The Case for Antitrust Civil Penalties, Harry First
Free Movement of Judgments: Increasing Deterrence of International Cartels Though Jurisdictional Reliance, Michal Gal
The "Cut and Paste" of Article 82 of the EC Treaty in Israel: Conditions for a Successful Transplant, Michal Gal
Punitive Damages, Retribution, and Due Process, Mark Geistfeld
Can Public Debt Enhance Democracy?, Clayton P. Gillette
Will Aggregate Litigation Come to Europe?, Samuel Issacharoff and Geoffrey P. Miller
Embattled CEOs, Marcel Kahan and Edward B. Rock
Hedge Fund Activism in the Enforcement of Bondholder Rights, Marcel Kahan and Edward B. Rock
All-or-Nothing versus Proportionate Damages, Shmuel Leshem and Geoffrey P. Miller
Airport Congestion: When Theory Meets Reality, Michael E. Levine
Are 'Pay Now, Terms Later' Contracts Worse for Buyers? Evidence from Software License Agreements, Florencia Marotta-Wurgler
Competition and the Quality of Standard Form Contracts: The Case of Software License Agreements, Florencia Marotta-Wurgler
“Unfair” Dispute Resolution Clauses: Much Ado About Nothing?, Florencia Marotta-Wurgler
What's in a Standard Form Contract? An Empirical Analysis of Software License Agreements, Florencia Marotta-Wurgler
Bargaining on the Red-eye: New Light on Contract Theory, Geoffrey P. Miller
Pleading After Tellabs, Geoffrey P. Miller
Preliminary Judgments, Geoffrey P. Miller
Little Brother is Watching You: New Paternalism on the Slippery Slopes, Mario J. Rizzo and Douglas G. Whitman
THE KNOWLEDGE PROBLEM OF NEW PATERNALISM, Mario J. Rizzo and Douglas G. Whitman
Neighborhood Effects of Concentrated Mortgage Foreclosures, Jenny Schuetz, Vicki Been, and Ingrid Gould Ellen
CAFA Settlement Notice Provision: Optimal Regulatory Policy?, Catherine M. Sharkey
The Fraud Caveat to Agency Preemption, Catherine M. Sharkey
What Riegel Portends for FDA Preemption of State Law Products Liability Claims, Catherine M. Sharkey
THE LONG-TERM U.S. FISCAL GAP: IS THE MAIN PROBLEM GENERATIONAL INEQUITY?, Daniel N. Shaviro
The Optimal Relationship between Taxable Income and Financial Accounting Income: Analysis and a Proposal, Daniel N. Shaviro
Antitrust Policy and Industrial Policy: A View from the U.S., LAWRENCE J. WHITE
The Growing Influence of Economics and Economists on Antitrust: An Extended Discussion, LAWRENCE J. WHITE
The Role of Competition Policy in the Promotion of Economic Growth, LAWRENCE J. WHITE
Submissions from 2007
Insuring Corporate Crime, Miriam H. Baer
Informing Consumers About Themselves, Oren Bar-Gill
Consent and Exchange, Oren Bar-Gill and Lucian Arye Bebchuk
The Prisoners’ (Plea Bargain) Dilemma, Oren Bar-Gill and Omri Ben-Shahar
Taxing Privilege More Effectively: Replacing the Estate Tax with an Inheritance Tax, Lily Batchelder
Economics of the Internet, Nicholas Economides
“Net Neutrality,” Non-Discrimination and Digital Distribution of Content Through the Internet, Nicholas Economides
Nonbanks in the Payments System: Vertical Integration Issues, Nicholas Economides
Patents and Antitrust: Application to Adjacent Markets, Nicholas Economides and William N. Hebert
The Elusive Antitrust Standard on Bundling in Europe and in the United States at the Aftermath of the Microsoft Cases, Nicholas Economides and Ioannis Lianos
Quantifying the Benefits of Entry into Local Phone Service, Nicholas Economides, Katja Seim, and V. Brian Viard
Consumer Contracts: Behavioral Economics vs. Neoclassical Economics, Richard A. Epstein and Oren Bar-Gill
Measuring the Value of Class and Collective Action Employment Settlements: A Preliminary Assessment, Samuel Estreicher and Kristina Yost
An Anti-Monopoly Law for China – Scaling the Walls of Protectionist Government Restraints, Eleanor M. Fox
Economic Development, Poverty, and Antitrust: The Other Path, Eleanor M. Fox
Below-Cost Price Alignment: Meeting or Beating Competition?, Michal Gal
Pulling Punches: Congressional Constraints on the Supreme Court’s Constitutional Rulings, 1987–2000, Anna Harvey and Barry Friedman
Rights of First Refusal, Marcel Kahan, Shmuel Leshem, and Raghu Sundaram
N-Defendant Litigation and Settlement: The Impact of Joint and Several Liability, Lewis A. Kornhauser and Keith T. Takeda
Judicial Review of Class Action Settlements, Jonathan R. Macey and Geoffrey P. Miller
Meinhard v. Salmon, Geoffrey P. Miller
Grandfathering and Environmental Regulation: The Law and Economics of New Source Review, Jonathan R. Nash and Richard Revesz
Did Reform of Prudent Trust Investment Laws Change Trust Portfolio Allocation?, Max M. Schanzenbach and Robert H. Sitkoff
Beyond the Pro-Consumption Tax Consensus, Daniel N. Shaviro