Submissions from 2008
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
Disclosure and Civil Penalty Rules in the U.S. Legal Response to Corporate Tax Shelters, Daniel N. Shaviro
A New Law for the Bond Rating Industry -- For Better or For Worse?, LAWRENCE J. WHITE
Should Wal-Mart, Real Estate Brokers, and Banks Be in Bed Together? A Principles-Based Approach to the Issues of the Separation of Banking and Commerce, LAWRENCE J. WHITE
Paternalist Slopes, Douglas G. Whitman and Mario J. Rizzo
Submissions from 2006
Regulating Post-Bid Embedded Defenses: Lessons from Oracle versus PeopleSoft, Jennifer Arlen
Bundling and Consumer Misperception, Oren Bar-Gill
Quantifying Forseeability, Oren Bar-Gill
Delegating Punitive Power: The Political Economy of Sentencing Commission and Guideline Formation, Rachel E. Barkow and Kathleen M. O'Neil
Global Administrative Law: The View from Basel, Michael S. Barr and Geoffrey P. Miller
Efficiency and Tax Incentives: The Case for Refundable Tax Credits, Lily L. Batchelder, Fred T. Goldberg Jr., and Peter R. Orszag
The Effect of Community Gardens on Neighboring Property Values, Vicki Been and Ioan Voicu
Only a Dictatorship is Efficient or Neutral, Jean-Pierre Benoit and Lewis A. Kornhauser
The Market Penalty for Mutual Fund Scandals, Stephen Choi and Marcel Kahan
The Role of Nonprofits in the Production of Boilerplate, Kevin E. Davis
Public Policy in Network Industries, Nicholas Economides
Do Juries Add Value?: Evidence from an Empirical Study of Jury Trial Waiver Clauses in Large Corporate Contracts, Theodore Eisenberg and Geoffrey P. Miller
The Flight from Arbitration: An Empirical Study of Ex Ante Arbitration Clauses in Publicly-Held Companies' Contracts, Theodore Eisenberg and Geoffrey P. Miller
The Market for Contracts, Theodore Eisenberg and Geoffrey P. Miller
Reform of IMF Conditionality - A Proposal for Self-Imposed Conditionality, Ofer Eldar
Between Rights and Contract: Arbitration Agreements and Non-Compete Covenants as a Hybrid Form of Employment Law, Cynthia Estlund
Toward a Political Theory of Constitutional Default Rules, John A. Ferejohn and Barry Friedman
Microsoft and the Evolution of the Intellectual Property Concept, Harry First
Re-Framing Windows: The Durable Meaning of the Microsoft Antitrust Litigation, Harry First and Andrew I. Gavil
Taking Law Seriously, Barry Friedman
The Politics of Judicial Review, Barry Friedman
Reality Bites (or Bits): The Political Economy of Antitrust Enforcement, Michal Gal
Regulation by Declaration: A Novel Regulatory Mechanism to Limit Abuse of Monopoly Power, Michal Gal
The Effects of Smallness and Remoteness on Competition Law- The Case of New Zealand, Michal S. Gal
Efficiency and Fairness in Tort Law, Mark Geistfeld
Getting Beyond Kansas, Samuel Issacharoff
Backdoor Federalization, Samuel Issacharoff and Catherine M. Sharkey
Judicial Opinions as "Minefields of Misinformation": Antecedents, Consequences and Remedies, Jacob Jacoby Ph.D.
Hedge Funds in Corporate Governance and Corporate Control, Marcel Kahan and Edward B. Rock
Comparisons of the Incentive for Insolvency under Different Legal Regimes, Lewis A. Kornhauser and Elizabeth Klee
Bargaining and Opinion Assignment on the U.S. Supreme Court, Jeffrey R. Lax and Charles M. Cameron
Regulation, the Market, and Interest Group Cohesion: Why Airlines Were Not Reregulated, Michael E. Levine
Why Weren't the Airlines Reregulated?, Michael E. Levine
Exchange Asymmetries Incorrectly Interpreted as Evidence of Endowment Effect Theory and Prospect Theory?, Charles R. Plott and Kathryn Zeiler
Institutional Investors’ Mandatory Voting Disclosure – European Plans and U.S. Experience, Klaus Ulrich Schmolke
Permanent Income and the Annual Income Tax, Daniel N. Shaviro
Simplifying Assumptions: How Might the Politics of Consumption Tax Reform Affect (Impair) the End Product?, Daniel N. Shaviro
Why Worldwide Welfare as a Normative Standard in U.S. Tax Policy?, Daniel N. Shaviro
Welfare, Cash Grants, And Marginal Rates, Daniel N. Shaviro
An Economic Model for the Incentive/Access Paradigm of Copyright Propertization: An Argument in Support of the Proposed New §514 to the Copyright Act, Sami Valkonen and Lawrence J. White
Good Intentions Gone Awry: A Policy Analysis of the SEC's Regulation of the Bond Rating Industry, LAWRENCE J. WHITE
Horizontal Merger Antitrust Enforcement: Some Historical Perspectives, Some Current Observations, Lawrence J. White
The Fishery as a Watery Commons: Lessons from the Experiences of Other Public Policy Areas for U.S. Fisheries Policy, LAWRENCE J. WHITE
The Residential Real Estate Brokerage Industry: What Would More Vigorous Competition Look Like?, Lawrence J. White
Submissions from 2005
Beyond Master-Servant: A Critique of Vicarious Liability, Jennifer Arlen and W. Bentley MacLeod
Torts, Expertise, and Authority: Liability of Physicians and Managed Care Organizations, Jennifer Arlen and W. Bentley MacLeod
PRICING LEGAL OPTIONS: A BEHAVIORAL PERSPECTIVE, Oren Bar-Gill
INTELLECTUAL PROPERTY LAW AND THE BOUNDARIES OF THE FIRM , Oren Bar-Gill and Gideon Parchomovsky
Parody and Perception: An Alternative Approach to Secondary Use in Copyright, Laura Bradford
The Rat Race as an Information Forcing Device, Stephen Choi, Scott A. Baker, and Mitu Gulati
The Economics of the Internet Backbone, Nicholas Economides