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- Lotteries, Liberty and Legislation
- The Nature of the State and the State of Nature: A Comment on Grady & McGuire's The Nature of Constitutions
- Was Hayek Right about Group Selection After All? Review Essay of Unto Others: The Evolution and Psychology of Unselfish Behavior by Elliott Sober and David Sloan Wilson
- From Politics To Efficiency In Choice Of Law.
- Ronald Reagan And The Rise Of Large Deficits: What Really Happened In 1981
- Intellectutal Property and Antitrust Limitations on Contract
- Uniformity, Choice of Law and Software Sales
- Nature of Constitutions
- Culture and Liberty
- The Uneasy Case for the Flat Tax
- A Choice of Law Solution to the Marriage Debates
- The Rediscovery of Nationalism
- Plessy v. Lochner: The Berea College Case.
- Property Rights, Salmon Husbandry, and Institutional Change Among Northwest Coast Tribes
- Portfolio Management, Private Information, and Soft Dollar Brokerage: Agency Theory and Evidence
- Ending the Taxation of Foreign Business Income
- Restoring the Boundary Tort Law and the Right to Contract
- The Fable of the B.A.'s: Network Externalities and the Choice of Business Form
- Evidence Production in Adversarial vs. Inquisitorial Regimes
- Sex Discrimination Laws vs. Civil Liberties
- Precedent Lost: Why Encourage Settlement, and Why Allow Non-Party Involvement in Settlement?
- The Economics of Credit Cards
- Some Experimental Evidence on Decision Making in the Absence of Successful Fact Finding
- Nexum: Mental Health Advance Directives by Contract
- Book Review: Bruce G. Carruthers & Terrance C. Halliday, Rescuing Business: The Making of Corporate Bankruptcy Law in England and the United States
- Law Partner Expulsion
- The Genesis of Liability in Ancient Law
- Rent-Seeking through Litigation: Adversarial and Inquisitorial Systems Compared
- IPO Syndicates, Private Foreknowledge, and the Economics of Excess Search
- California Dental Association v Federal Trade Commission: The Revenge of Footnote 17
- Limited Partnerships Revisited
- Duality in Property: Commons and Anticommons
- Contract and Jurisdictional Freedom
- The FTC and the Law of Monopolization
- Evolutionary Psychology and the Social Sciences
- Public Choice and Tort Reform
- Law and Economics of Survivor
- Law v. Trust
- Antidiscrimination Laws and the First Amendment
- Racism, Railroad Unions, and Labor Regulations
- Rule of Reason After California Dental
- Sources of Law and The Institutional Design of Lawmaking
- Lawyers' Property Rights in State Law
- STAND OR DELIVER: Do Liberalized Standing Rules Advance Environmental Protection?
- Why an Original can be Better than a Copy: Intellectual Property, the Antitrust Refusal to Deal, and ISO Antitrust Litigation
- Fair Use And Copyright Protection: A Price Theory Explanation
- A Recipe For Cookies: State Regulation Of Consumer Marketing Information
- Political Coase Theorem
- The Formation of Customary Law
- Frye, Frye, Again: The Past, Present, and Future of the General Acceptance Test
- The Law of Presidential Transitions and the 2000 Election
- Beyond Counting Votes: The Political Economy of Bush v. Gore
- The Right of Expressive Association and Private Universities— Racial Preferences and Speech Codes
- The Ducks Stop Here? The Environmental Challenge to Federalism
- Ethical Rules, Law Firm Structure and Choice of Law
- The Asymmetric Coase Theorem: Dual Remedies for Unified Property
- Entropy in Property
- Ambiguity and Income Taxation
- The Value of Waiting in Lawmaking
- The Unbearable Rightness of Bush v. Gore
- Bankruptcy Law as Social Legislation
- The Harmonization of Legal Warranties in European Sales Law: An Economic Analysis
- Liability for Pure Financial Loss: Revisiting the Economic Foundations of a Legal Doctrine
- Calling a Truce in the Marriage Wars
- Floor Versus Screen Trading in the Stock Market: Comment
- Improving the Qualifications of Experts in Medical Malpractice Cases
- Lessons from the Anti-Commons: The Economics of Tasini v. New York Times
- Votes and Outcomes: Rethinking the Politics-Like-Markets Metaphor
- The Disunity of Unanimity
- Perfecting Patent Prizes
- Comparative Causation
- State Regulation of Electronic Commerce
- Rethinking Forum Shopping in Cyberspace
- Freedom of Contract and the Laws of Entropy
- Fragmentation in Property: Towards a General Model
- Antitrust, Agency and Amnesty: An Economic Analysis of the Criminal Enforcement of the Antitrust Laws Against Corporations
- Xenophobia
- Jury Demands: Who's Asking?
- Treaty Reservations and the Economics of Article 21 (1) of the Vienna Convention
- Role Of Reciprocity In International Law
- Product Liability and Game Theory: One More Trip to the Choice-of-Law Well
- The Evolving Partnership
- The Effect of Abortion Legalization on the Incidence of Sexually Transmitted Diseases
- Apologia for the Double Tax of Corporation Income
- Reciprocity-Induced Cooperation
- Salvation as a Selective Incentive: An Olsonian Analysis of the Faith vs. Works Cleavage
- Limited Autocracy
- Autocrats and the Environment or It's Easy Being Green
- Litigation and the Evolution of Legal Remedies: A Dynamic Model
- The Differential Calculus of Consent
- The Market for Intellectual Property: The Case of Complementary Oligopoly
- The Rule of Law, Freedom, and Prosperity
- The Rise and Fall of Efficiency in the Common Law: A Supply-Side Analysis
- The Past, Present, and Future of Bankruptcy Law in America
- Baptists? The Political Economy Of Political Environmental Interest Groups
- International Customary Law and Articulation Theories: An Economic Analysis
- Have a Drink on Us: Mental Health Parity, Rational Addiction, and Off-Setting Behavior
- Litigation, Judicial Path-Dependence, and Legal Change
- The Cost of Delegated Control: Vicarious Liability, Secondary Liability and Mandatory Insurance
- Equal Opportunity, Affirmative Action, And The Anti-Discrimination Principle: The Philosophical Basis For The Legal Prohibition Of Discrimination
- Once More unto the Breach: The Inherent Liberalism of the Criminal Law and Liability for Attempting the Impossible
- Executive Power and Governmental Attorney-Client Privilege: The Clinton Legacy
- Revenge and Retaliation
- A Geographic Market Power Test for Sherman Act Jurisdiction
- Two Dimensions of Regulatory Competition
- Privacy and Firms
- Copyright Redundancy
- Education Versus Savings As Explanations For Better Health: Evidence From The Health And Retirement Survey
- Endowments At Birth And Adult Health Childhood: Socioeconomic Factors And Adult Heart Disease
- Tenuous Property Rights: The Unraveling Of Defined Benefit Pension Contracts In The United States
- Replicating Default Risk In A Defined Benefit Plan: A Stock Bonus Plan with Gradual Diversification
- The Limits of Reciprocity for Social Cooperation
- Cyber Adjudication
- The Piracy Analogy: Modern Universal Jurisdiction's Hollow Foundation
- Simultaneous and Sequential Anticommons
- The Interplay Between Norms and Enforcement in Tax Compliance
- Tax Compliance and the Reformed IRS
- Non-Spontaneous Evolution of Private Legal Systems
- Lochner's Legacy's Legacy
- Intra-Jurisdictional Tax Competition
- Cyclical Market Power
- Lochner Era Revisionism, Revised: Lochner and the Origins of Fundamental Rights Constitutionalism
- Offsetting Behavior in the Workplace
- The Hidden Bias Of The Vienna Convention On The Law Of Treaties
- Stability And Change In International Customary Law
- The Arab League Boycott and WTO Accession: Can Foreign Policy Excuse Discriminatory Sanctions?
- Perception and Income: The Behavioral Economics of the Realization Doctrine
- Fragmentation of Property Rights: A Functional Interpretation of the Law of Servitudes
- You Can't Take It With You: Behavioral Finance and Corporate Expatriations
- Lochner's Feminist Legacy
- A Beautiful Mend: A Game Theoretical Analysis of the Dormant Commerce Clause
- Appellate Courts Inside and Out
- Negative Liability
- Information Sharing in Critical Infrastructure Industries: Understanding the Behavioral and Economic Impediments
- Valuable Patents
- "Equal Protection, My Ass!"? Bush v. Gore and Laurence Tribe's Hall of Mirrors
- The Unbearable Wrongness Of Bush V. Gore
- Carnival of Mirrors: Laurence Tribe's "Unbearable Wrongness"
- Lost At The Equal Protection Carnival: Nelson Lund's Carnival Of Mirrors
- Information Markets, Administrative Decision-making, and Predictive Cost-Benefit Analysis
- Health Human Capital And The Cost Of Smoking
- The Paradox of Auxiliary Rights: The Privilege Against Self-Incrimination and the Right to Keep and Bear Arms
- Functional Law and Economics: The Search for Value-Neutral Principles of Lawmaking
- Errors and the Functioning of Tort Liability
- Rousseau and Direct Democracy (with a Note on the Supreme Court's Term Limits Decision)
- Adverse Selection and Moral Hazard in Forum Shopping: Conflicts Law as Spontaneous Order
- Role-Reversibility, Stochastic Ignorance, and the Formation of Norms
- The Rise And Fall Of Communal Liability In Ancient Law
- Liability Rules for Constitutional Rights: The Case of Mass Detentions
- Why So Many Bankruptcies And What To Do About It: An Economic Analysis Of Consumer Bankruptcy Law And Bankruptcy Reform
- Political Ignorance and the Counter-Majoritarian Difficulty: A New Perspective on the "Central Obsession" of Constitutional
- Voter Knowledge and Constitutional Change: Assessing the New Deal Experience
- The Economics of Tort Law: A Precis
- Hans Kelsen and the Logic of Legal Systems
- Copyrighting Facts
- Ending Abuse of Patent Continuations
- Rents, Dissipation and Lost Treasures: Rethinking Tullock's Paradox
- The Evolution of Sherman Act Case Law: A Roadmap for Competitive Federalism
- Gödel, Kaplow, Shavell: Consistency and Completeness in Social Decisionmaking
- When Will Judgment Proof Injurers Take Too Much Precaution?
- Accommodating a New Tenant in the House of Cards: Introducing Competition Into a Network Industry
- Defending The First Amendment From Antidiscrimination Laws
- Judgment Proofness under Four Different Precaution Technologies
- Dworkin's Fallacy, Or What the Philosophy of Language Can't Teach Us About
- The Health Effects Of Alcohol: Do Controls For Demographics And Other Risky Habits Affect The Conclusions?
- The Daubert Trilogy In The States
- Law & Neuroeconomics
- Class Action Lawyers As Lawmakers
- Richard Posner's Democratic Pragmatism
- The Intrinsic Inferiority of Efficiency Wages to Damages and Conditional Bonuses
- Keeping Junk Science out of Asbestos Litigation
- Reconciling Group Selection and Methodological Individualism
- Causation and Responsibility: The Compensation Principle From Grotius to Calabresi
- Can Tort Reform and Federalism Coexist?
- Judicial Precedents in Civil Law Systems: A Dynamic Analysis
- The Law and Economics of Irrational Behavior: An Introduction
- Lawrence v. Texas and Judicial Hubris
- State Intervention/State Action — A U.S. Perspective
- The Federal Trade Commission and the Future Development of U.S. Consumer Protection Policy
- How History Can Inform Practice in Modern U.S. Competition Policy
- Looking Forward: The Federal Trade Commission and the Future Development of U.S. Competition Policy
- Positive, Normative and Functional Schools in Law and Economics
- From "Tragedy" to "Disaster": Welfare Effects of Commons and Anticommons Dilemmas
- The Filtering Effect of Sharing Rules
- A Positive Theory of Universal Jurisdiction
- The Rehnquist Court's Pragmatic Approach to Civil Rights
- Least Cost Avoidance
- Xenophobia in American Courts
- Worthless Patents
- Populism and Patents
- Legislation and Countervailing Effects from Social Norms
- On the Optimal Specificity of Legal Rules
- The Brain and the Law
- Environmental Amenities, Private Property and Public Policy
- An Economic Analysis of the Consumer Bankruptcy Crisis
- The Entrepreneurship Effect: An Accidental Externality in the Federal Income Tax
- Soft Negligence And Cause In Fact: A Comment On Ganuza And Gomez
- Implementing Sosa v. Alvarez-Machain: What Piracy Teaches About the Limits of the Alien Tort Statute
- On The Optimal Scope of Negligence
- Wireless Telecommunications, Infrastructure Security, and the NIMBY Problem
- Social Networks, Self Denial, and Median Preferences: Conformity as an Evolutionary Strategy
- "Accommodations" for the Learning Disabled: A Level Playing Field or Affirmative Action for Elites?
- Legislators as the 'American Criminal Class:' Why Congress (Sometimes) Protects the Rights of Defendants
- The Constitution in Two Dimensions:A Transaction Cost Analysis of Constitutional Remedies
- Obesity and Advertising Policy
- Wine Wars:The 21st Amendment and Discriminatory Bans to DirectShipment of Wine
- Rents, Dissipation, and Lost Treasures with N Parties
- Theory and Practice of Competition Advocacy at the FTC
- A Culturally Correct Proposal to Privatize the British Columbia Salmon Fishery
- Does Soft Dollar Brokerage Benefit Portfolio Investors: Agency Problem or Solution?
- Judicial Power and Civil Rights Reconsidered
- The Unsolvable Dilemma of a Paretian Policymaker
- Putting Humpty Dumpty Back Together: Pricing in Anticommons Property Arrangements
- The Law and Economics of Cybersecurity: An Introduction
- Defining Dicta
- Whistle Blowing
- Disappearing Defendants V. Judgment Proof Injurers: Upgrading The Theory Of Tort Law Failures
- Cross-Examining The Brain: A Legal Analysis of Neural Imaging For Credibility Impeachment
- Taxing Utility
- Overcoming Poletown
- A Response to Professor Goldberg: An Anticompetitive Restraint by Any Other Name . . .
- Soft Regulators, Tough Judges
- Institutions, Incentives, and Consumer Bankruptcy Reform
- The FTC and State Action: Evolving Views on the Proper Role of Government
- Modernization of European Antitrust Enforcement: The Economics of Regulatory Competition
- Fig Leaf Federalism and Tenth Amendment Exceptionalism
- An Economic Analysis of the Private and Social Costs of the Provision of Cybersecurity and other Public Security Goods
- The Comparative Law and Economics of Pure Economic Loss
- Neuroeconomics and Rationality
- Bolling, Equal Protection, Due Process, and Lochnerphobia
- Learning the Wrong Lessons from 'An American Tragedy': A Critique of the Berger-Twerski Informed Choice Proposal
- Is Forum-Shopping Corrupting America's Bankruptcy Courts? - Review of Lynn M. LoPucki, Courting Failure: How Competition for Big Cases is Corrupting the Bankruptcy Courts
- Expressive Association after Dale
- The Reasonableness of Probable Cause
- Private Property, Development and Freedom: On Taking Our Own Advice
- Reasonable Suspicion and Mere Hunches
- Crops, Guns & Commerce: A Game Theoretical Critique of <em>Gonzales v. Raich</em>
- Core of Pure Economic Loss
- Life v. Death: Or Why the Death Penalty Should Marginally Deter
- Calling a Truce in the Culture Wars: From Enron to the CIA
- Substituting Complements
- The Economics of Loyalty Discounts and Antitrust Law in the United States
- Two Tales of Bundling: Implications for the Application of Antitrust Law to Bundled Discounts
- Antitrust Law and Competition for Distribution
- A Law and Economics Perspective on Terrorism
- 'Sui Generis': An Antitrust Analysis of Buyer Power in the United States and European Union
- Securing a Reliable Electricity Grid: A New Era in Transmission Siting Regulation?
- Limiting Limited Liability
- The Formation of International Treaties
- Have Gun, Can't Travel: The Right to Arms under the Privileges and Immunities Clause of Article IV
- Does Economics Provide a Reliable Guide to Regulating Commodity Bundling by Firms? A Survey of the Economic Literature
- The Hazards of Precedent: A Parameterization of Legal Change
- Mutual Funds, Conflicts of Interest, and Regulatory Error: A Property Rights Approach
- The Fall and Rise of Functional Property
- Uncertainty of Law and the Legal Process
- The Paradox of Legal Harmonization
- Controlling the Grasping Hand: Economic Development Takings after Kelo
- The Economics of Treaty Ratification
- Matching Rules
- The Red Menace Revisited
- Shedding Tiers for a la Carte? -- An Economic Analysis of Cable TV Pricing
- Cable TV Franchises As Barriers To Video Competition
- Property Rights to Radio Spectrum in Guatemala and El Salvador: An Experiment in Liberalization
- "Active Liberty" and Judicial Power: What Should Courts Do to Promote Democracy?
- Is Constitution Day Constitutional?
- The Green Costs of Kelo: Economic Development Takings and Environmental Protection
- William Cushing, Chief Justice of the United States
- Strike Season: Protecting Labor-Management Conflict in the Age of Terror
- A Certain Mongrel Court: Congress's Past Power and Present Potential To Reinforce the Supreme Court
- Slotting Contracts and Consumer Welfare
- The Economics of Federalism
- Outsider Trading as an Incentive Device
- Faithless Electors of 1912: Arthur Wakeling on the Kansas Electoral Case
- The Most Important Article of All Time
- A Clearing in the Forest: Infusing the Labor Union Dues Dispute with First Amendment Values
- A Response to Professor Goldberg: An Anticompetitive Restraint by Any Other Name
- Discordant Notes: A Reply to Professor Wright
- Payment Card Regulation and the (Mis)Application of the Economics of Two-Sided Markets
- More Than Law Enforcement: The FTC's Many Tools - A Conversation with Tim Muris and Bob Pitofsky
- Principles for a Successful Competition Agency
- MasterCard's Single Entity Strategy
- Contemporary Unionism as a Fraternal Conceit? A Review of George C. Leef's Free Choice for Workers: A History of the Right-to-Work Movement
- Independent Invention as a Defense to Patent Infringement
- A Welfare Analysis of Spectrum Allocation Policies
- A Constitutional Right to Self Defense?
- Knowledge about Ignorance: New Directions in the Study of Political Information
- Gonzales v. Raich: Federalism as a Casualty of the War on Drugs
- Lochner v. New York: A Centennial Retrospective
- Public Services Meet Private Law
- The Other Supreme Court
- Economic Salvation in a Restive Age: The Demand for Secular Salvation Has Not Abated
- Missed Opportunities in Independent Ink
- The Economics of Slotting Contracts
- The Antitrust Law and Economics of Category Management
- Singing Along: A Comment on Goldberg & Muris on the Three Tenors
- The Per Curiam Opinion of Steel: Buckley v. Valeo as Super precedent— Clues from Wisconsin and Vermont
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