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Working Papers: Chronological Index

Below is a chronological list of publications in the George Mason Working Papers in Law and Economics series. Click on the title of the paper to view an abstract (available 2000-present). If the Working Paper is available in full-text, an Adobe Acrobat icon will appear next to the title. Click on this to download the full paper.

Information is also available in an Author Index and Title Index. Also, you can search the abstracts and working paper titles.

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1993 | 1994 | 1995 | 1996 | 1997 | 1998
1999-2000 | 2001 | 2002 | 2003 | 2004 | 2005

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1993

93-01 Insider Trading: Risk Premiums and Confidence Games.
– By: Henry G. Manne –

93-02 American Stay
– By: Francis H. Buckley –

93-03 What Do Judges and Justice Maximize? (the Same Thing Everybody Else Does).
– By: Richard A. Posner –

93-04 A Theory of Uniform Laws
– By: Larry E. Ribstein – Bruce H. Kobayashi –

93-05 Competition in the Production of Costly Information: An Economic Analysis of Adversarial Versus Court-Appointed Presentation of Expert Testimony
– By: Luke M. Froeb – Bruce H. Kobayashi –

93-06 Misguided Renaissance of Social Choice
– By: Maxwell Stearns –

93-07 No Armistice at 11: A Commentary on the Supreme Court's 1993 Amendment To Rule 11 of the Federal Rules of Civil Procedure
– By: Bruce H. Kobayashi – Jeffrey S. Parker –

93-08 The American Fresh Start: Why Can't A Person Be More Like A Firm?
– By: Francis H. Buckley –

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1994

94-01 Immigration and the Market For Migrants
– By: Francis H. Buckley –

94-02 Limited Liability Company: Theories and Evidence
– By: Larry E. Ribstein –

94-03 An Economic Analysis of Performance Rights: Some Implications of the Copyright Act of 1976.
– By: Bruce H. Kobayashi – Ben T. Yu –

94-04 Legislative Organization of Fiscal Policy.
– By: Mark W. Crain – Timothy J. Muris –

94-05 A Transaction Cost Theory of Corporate Finance, With Applications To Security, Bankruptcy, and the Nature of Economic Organization
– By: D. Bruce Johnsen –

94-06 Foundations of Franchise Regulation: Issues and Evidence
– By: Howard Beales III – Timothy J. Muris –

94-07 Standing Back From the Forest: Justiciability and Social Choice
– By: Maxwell Stearns –

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1995

95-01 The Rise of Large Deficits: What Really Happened in 1981
– By: Timothy J. Muris –

95-02 Daubert's Debut: the Supreme Court, the Economics of Scientific Evidence, and the Adversarial System
– By: Jeffrey S. Parker –

95-03 Retroactivity, Institutional Incentives, and the Politics of Civil Rights
– By: Nelson Lund –

95-04 The Market For Deadbeats
– By: Margaret F. Brinig – Francis H. Buckley –

95-05 Why Can't A Woman Be More Like A Man? Or Do Gender Differences Affect Choice?
– By: Margaret F. Brinig –

95-06 The Bankruptcy Puzzle
– By: Francis H. Buckley – Margaret F. Brinig –

95-07 Evolution and Spontaneous Uniformity: Evidence From the Evolution of the Limited Liability Company
– By: Bruce H. Kobayashi – Larry E. Ribstein –

95-08 Naïve, Biased, Yet Bayesian: Can Juries Interpret Selectively Produced Evidence?
– By: Luke M. Froeb – Bruce H. Kobayashi –

95-09 Divorce, Legal Rules, and Free Spirits
– By: Margaret F. Brinig –

95-10 The Past and Future of the Individual's Right To Arms
– By: Nelson Lund –

95-11 Calculating Tort Damages For Lost Future Earnings: Taxes, Inflation and Risk
– By: Michael I. Krauss – Robert A. Levy –

95-12 The Scope of Section 12(2) of the Securities Act of 1993: A Legal and Economic Analysis
– By: Peter Letsou –

95-13 Junk Science in the Commonwealth
– By: David E. Bernstein –

95-14 Securitization: A Low Cost Sweetener For Lemons
– By: Claire A. Hill –

95-15 Standing and Social Choice: Historic Evidence
– By: Maxwell Stearns –

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1996

96-01 Property Rights in Personal Information: An Economic Defense of Privacy
– By: Richard Murphy –

96-02 Loosening the FDA's Certification Monopoly: Tort and Other Economic Implications
– By: Michael I. Krauss –

96-03 The Law and Economics of Post-Civil War: Restrictions on Interstate Migration By African-Americans
– By: David E. Bernstein –

96-04 Why Financial Appearances Might Matter: An Explanation For "Dirty Pooling" and Other Financial Cosmetics
– By: Claire A. Hill –

96-05 Adversarial Versus Inquisitorial Procedure: Some Experimental Evidence
– By: Michael K. Block – Jeffrey S. Parker – Olga Vyborna – Libor Dusek –

96-06 The Illogic and Limits of Partnership Bankruptcy
– By: Larry E. Ribstein –

96-07 The Canadian Keiretsu
– By: Francis H. Buckley –

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1997

97-01 Defederalizing Partnership Break-Up
– By: Larry E. Ribstein –

97-02 Eficiency, Politics and Evolution in Corporate Law
– By: Larry E. Ribstein –

97-03 Ethical Rules, Agency Costs and Law Firm Structure
– By: Larry E. Ribstein –

97-04 The Economics of Partnership
– By: Larry E. Ribstein –

97-05 The Market For Votes: Coasian Bargaining in An Arrovian Setting
– By: Francesco Parisi –

97-06 The Genesis of Liability in Ancient Law
– By: Francesco Parisi –

97-08 Liability Without Fault and Communal Responsibility in Ancient Legal Systems
– By: Francesco Parisi –

97-09 Rent-Seeking Through Litigation: Adversarial and Inquisitorial Systems Compared
– By: Francesco Parisi –

97-10 Emerging Markets Securitization: The Case of the Disappearing Political Risk
– By: Claire A. Hill –

97-11 Adversarial Versus Inquisitorial Legal Procedure: Some Experimental Evidence
– By: Michael K. Block – Jeffrey S. Parker – Olga Vyborna – Libor Dusek –

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1998

98-01 Did the Corporate Sentencing Guidelines Matter?: Some Preliminary Empirical Observations
– By: Jeffrey S. Parker –

98-02 Limited Liability Unlimited
– By: Larry E. Ribstein –

98-03 Fact-Finding in the Legal Procedure: An Experimental Comparison of Adversarial Versus Inquisitorial Regimes
– By: Michael K. Block – Jeffrey S. Parker – Libor Dusek –

98-04 Votes and Outcomes: A Property-Based Theory of Political Decision-Making
– By: Francesco Parisi –

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2000

00-01 Lotteries, Liberty and Legislation
– By: Lloyd Cohen –

00-02 The Nature of the State and the State of Nature: A Comment on Grady & McGuire's The Nature of Constitutions
– By: Todd J. Zywicki –

00-03 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
– By: Todd J. Zywicki –

00-04 From Politics To Efficiency In Choice Of Law.
– By: Larry E. Ribstein – Erin O'Hara –

00-05 Ronald Reagan And The Rise Of Large Deficits: What Really Happened In 1981
– By: Timothy J. Muris –

00-06 Intellectutal Property and Antitrust limitations on Contract
– By: Bruce H. Kobayashi – Michelle Burtis –

00-07 Uniformity, Choice of Law and Software Sales.
– By: Bruce H. Kobayashi – Larry E. Ribstein –

00-08 Nature of Constitutions
– By: Mark Grady – Michael T. McGuire –

00-09 Culture and Liberty
– By: Francis H. Buckley –

00-10 The Uneasy Case for the Flat Tax
– By: Francis H. Buckley – E.B. Rasmusen –

00-11 A Choice of Law Solution to the Marriage Debates
– By: Francis H. Buckley – Larry E. Ribstein –

00-12 The Rediscovery of Nationalism
– By: Francis H. Buckley –

00-13 Plessy v. Lochner: The Berea College Case.
– By: David E. Bernstein –

00-14 Property Rights, Salmon Husbandry, and Institutional Change Among Northwest Coast Tribes
– By: D. Bruce Johnsen –

00-15 Portfolio Management, Private Information, and Soft Dollar Brokerage: Agency Theory and Evidence
– By: D. Bruce Johnsen – Stephen M. Horan –

00-16 Ending the Taxation of Foreign Business Income
– By: Terrence R. Chorvat –

00-17 Restoring the Boundary Tort Law and the Right to Contract
– By: Michael I. Krauss –

00-18 The Fable of the B.A.'s: Network Externalities and the Choice of Business Form
– By: Bruce H. Kobayashi – Larry E. Ribstein –

00-19 Evidence Production in Adversarial vs. Inquisitorial Regimes
– By: Luke M. Froeb – Bruce H. Kobayashi –

00-20 Sex Discrimination Laws vs. Civil Liberties
– By: David E. Bernstein –

00-21 Precedent Lost: Why Encourage Settlement, and Why Allow Non-Party Involvement in Settlement?
– By: Leandra Lederman –

00-22 The Economics of Credit Cards
– By: Todd J. Zywicki –

00-23 Some Experimental Evidence on Decision Making in the Absence of Successful Fact Finding
– By: Michael K. Block – Jeffrey S. Parker –

00-24 Nexum: Mental Health Advance Directives by Contract
– By: Paul Stavis –

00-25 Book Review: Bruce G. Carruthers & Terrance C. Halliday, Rescuing Business: The Making of Corporate Bankruptcy Law in England and the United States
– By: Todd J. Zywicki –

00-26 Law Partner Expulsion
– By: Larry E. Ribstein –

00-27 The genesis of liability in ancient law
– By: Francesco Parisi –

00-28 Rent-Seeking through Litigation: Adversarial and Inquisitorial Systems Compared
– By: Francesco Parisi –

00-29 IPO Syndicates, Private Foreknowledge, and the Economics of Excess Search
– By: Yoram Barzel – Michael A. Habib – D. Bruce Johnsen –

00-30 California Dental Association v Federal Trade Commission: The Revenge of Footnote 17
– By: Timothy J. Muris –

00-31 Limited Partnerships Revisited
– By: Larry E. Ribstein –

00-32 Duality in Property: Commons and Anticommons
– By: Francesco Parisi – Norbert Schulz – Ben Depoorter –

00-33 Contract and Jurisdictional Freedom
– By: Bruce H. Kobayashi – Larry E. Ribstein –

00-34 The FTC and the Law of Monopolization
– By: Timothy J. Muris –

00-35 Evolutionary Psychology and the Social Sciences
– By: Todd J. Zywicki –

00-36 Public Choice and Tort Reform
– By: Todd J. Zywicki –

00-37 Law and Economics of Survivor
– By: Kimberly Moore – Maxwell Stearns –

00-38 Law v. Trust
– By: Larry E. Ribstein –

00-39 Antidiscrimination Laws and the First Amendment
– By: David E. Bernstein –

00-40 Racism, Railroad Unions, and Labor Regulations
– By: David E. Bernstein –

00-41 Rule of Reason After California Dental
– By: Timothy J. Muris –

00-42 Sources of law and The Institutional Design of Lawmaking
– By: Francesco Parisi –

00-43 Lawyers' Property Rights in State Law
– By: Larry E. Ribstein –

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2001

01-01 STAND OR DELIVER: Do Liberalized Standing Rules Advance Environmental Protection?
– By: Jonathan H. Adler –

01-02 Why an Original can be Better than a Copy: Intellectual Property, the Antitrust Refusal to Deal, and ISO Antitrust Litigation
– By: Michelle Burtis – Bruce H. Kobayashi –

01-03 Fair Use And Copyright Protection: A Price Theory Explanation
– By: Ben Depoorter – Francesco Parisi –

01-04 A Recipe For Cookies: State Regulation Of Consumer Marketing Information
– By: Bruce H. Kobayashi – Larry E. Ribstein –

01-05 Political Coase Theorem
– By: Francesco Parisi –

01-06 The Formation of Customary Law
– By: Francesco Parisi –

01-07 Frye, Frye, Again: The Past, Present, and Future of the General Acceptance Test
– By: David E. Bernstein –

01-08 The Law of Presidential Transitions and the 2000 Election
– By: Todd J. Zywicki –

01-09 Beyond Counting Votes: The Political Economy of Bush v. Gore
– By: Michael Abramowicz – Maxwell Stearns –

01-10 The Right of Expressive Association and Private Universities’ Racial Preferences and Speech Codes
– By: David E. Bernstein –

01-11 The Ducks Stop Here? The Environmental Challenge to Federalism
– By: Jonathan H. Adler –

01-12 Ethical Rules, Law Firm Structure and Choice of Law
– By: Larry E. Ribstein –

01-13 The Asymmetric Coase Theorem: Dual Remedies for Unified Property
– By: Francesco Parisi –

01-14 Entropy in Property
– By: Francesco Parisi –

01-15 Ambiguity and Income Taxation
– By: Terrence R. Chorvat –

01-16 The Value of Waiting in Lawmaking
– By: Francesco Parisi – Nita Ghei –

01-17 The Unbearable Rightness of Bush v. Gore
– By: Nelson Lund –

01-18 Bankruptcy Law as Social Legislation
– By: Todd J. Zywicki –

01-19 Law v. Trust
– By: Larry E. Ribstein –

01-20 The Harmonization of Legal Warranties in European Sales Law: An Economic Analysis
– By: Francesco Parisi –

01-21 Liability for Pure Financial Loss: Revisiting the Economic Foundations of a Legal Doctrine
– By: Francesco Parisi –

01-22 Calling a Truce in the Marriage Wars
– By: Francis H. Buckley – Larry E. Ribstein –

01-23 Floor Versus Screen Trading in the Stock Market: Comment
– By: Francesco Parisi –

01-24 Improving the Qualifications of Experts in Medical Malpractice Cases
– By: David E. Bernstein –

01-25 Lessons from the Anti-Commons: The Economics of Tasini v. New York Times
– By: Francesco Parisi – Catherine Ševcenko –

01-26 Votes and Outcomes: Rethinking the Politics-Like-Markets Metaphor
– By: Francesco Parisi –

01-27 The Comparative Law and Economics of Pure Economic Loss
– By: Mauro Bussani – Vernon Palmer – Francesco Parisi –

01-28 The Disunity of Unanimity
– By: Francesco Parisi – Jonathan Klick –

01-29 Perfecting Patent Prizes
– By: Michael Abramowicz –

01-30 Comparative Causation
– By: Francesco Parisi – Vincy Fon –

01-31 State Regulation of Electronic Commerce
– By: Larry E. Ribstein – Bruce H. Kobayashi –

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2002

02-01 Rethinking Forum Shopping in Cyberspace
– By: Kimberly Moore – Francesco Parisi –

02-02 Freedom of Contract and the Laws of Entropy
– By: Francesco Parisi –

02-03 Fragmentation in Property: Towards a General Model
– By: Norbert Schulz – Francesco Parisi – Ben Depoorter –

02-04 Antitrust, Agency and Amnesty: An Economic Analysis of the Criminal Enforcement of the Antitrust Laws Against Corporations
– By: Bruce H. Kobayashi –

02-05 Xenophobia
– By: Kimberly Moore –

02-06 Jury Demands: Who's Asking?
– By: Kimberly Moore –

02-07 Treaty Reservations and the Economics of Article 21 (1) of the Vienna Convention
– By: Francesco Parisi – Catherine Ševcenko –

02-08 Role Of Reciprocity In International Law
– By: Francesco Parisi – Nita Ghei –

02-09 Product Liability and Game Theory: One More Trip to the Choice-of-Law Well
– By: Michael I. Krauss –

02-10 The Evolving Partnership
– By: Larry E. Ribstein –

02-11 The Effect of Abortion Legalization on the Incidence of Sexually Transmitted Diseases
– By: Jonathan Klick – Thomas Stratmann –

02-12 Apologia for the Double Tax of Corporation Income
– By: Terrence R. Chorvat –

02-13 Reciprocity-Induced Cooperation
– By: Vincy Fon – Francesco Parisi –

02-14 Salvation as a Selective Incentive: An Olsonian Analysis of the Faith vs. Works Cleavage
– By: Jonathan Klick –

02-16 Autocrats and the Environment or It’s Easy Being Green
– By: Jonathan Klick –

02-17 Litigation and the Evolution of Legal Remedies: A Dynamic Model
– By: Vincy Fon – Francesco Parisi –

02-18 The Differential Calculus of Consent
– By: Francesco Parisi – Jonathan Klick –

02-19 The Market for Intellectual Property: The Case of Complimentary Oligopoly
– By: Francesco Parisi – Ben Depoorter –

02-20 The Rule of Law, Freedom, and Prosperity
– By: Todd J. Zywicki –

02-22 The Past, Present, and Future of Bankruptcy Law in America
– By: Todd J. Zywicki –

02-23 Baptists? The Political Economy Of Political Environmental Interest Groups
– By: Todd J. Zywicki –

02-24 Customary Law and Articulation Theories: An Economic Analysis
– By: Vincy Fon – Francesco Parisi –

02-25 Have a Drink on Us: Mental Health Parity, Rational Addiction, and Off-Setting Behavior
– By: Jonathan Klick –

02-26 Litigation, Judicial Path-Dependence, and Legal Change
– By: Vincy Fon – Francesco Parisi – Ben Depoorter –

02-27 The Cost of Delegated Control: Vicarious Liability, Secondary Liability and Mandatory Insurance
– By: Giuseppe Dari-Mattiacci – Francesco Parisi –

02-28 Equal Opportunity, Affirmative Action, And The Anti-discrimination Principle: The Philosophical Basis For The Legal Prohibition Of Discrimination
– By: John Hasnas –

02-29 Once More unto the Breach: The Inherent Liberalism of the Criminal Law and Liability for Attempting the Impossible
– By: John Hasnas –

02-30 Executive Power and Governmental Attorney-Client Privilege: The Clinton Legacy
– By: Nelson Lund – Douglas R. Cox –

02-31 Revenge and Retaliation
– By: Vincy Fon – Francesco Parisi –

02-32 A Geographic Market Power Test for Sherman Act Jurisdiction
– By: D. Bruce Johnsen – Moin Yahya –

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2003

03-01 Two Dimensions of Regulatory Competition
– By: Francesco Parisi – Norbert Schulz – Jonathan Klick –

03-02 Privacy and Firms
– By: Bruce H. Kobayashi – Larry E. Ribstein –

03-03 Copyright Redundancy
– By: Michael Abramowicz –

03-04 Education Versus Savings As Explanations For Better Health: Evidence From The Health And Retirement Survey
– By: Richard Ippolito –

03-05 Endowments At Birth And Adult Health Childhood: Socioeconomic Factors And Adult Heart Disease
– By: Richard Ippolito –

03-06 Tenuous Property Rights: The Unraveling Of Defined Benefit Pension Contracts In The United States
– By: Richard Ippolito –

03-07 Replicating Default Risk In A Defined Benefit Plan: A Stock Bonus Plan with Gradual Diversification
– By: Richard Ippolito –

03-08 The Limits of Reciprocity for Social Cooperation
– By: Vincy Fon – Francesco Parisi –

03-09 Cyberadjudication
– By: Michael Abramowicz –

03-10 The Piracy Analogy: Modern Universal Jurisdiction’s Hollow Foundation
– By: Eugene Kontorovich –

03-11 Simultaneous and Sequential Anticommons
– By: Francesco Parisi – Norbert Schulz – Ben Depoorter –

03-12 The Interplay Between Norms and Enforcement in Tax Compliance
– By: Leandra Lederman –

03-13 Tax Compliance and the Reformed IRS
– By: Leandra Lederman –

03-14 Non-Spontaneous Evolution of Private Legal Systems
– By: Amitai Aviram –

03-15 Lochner’s Legacy’s Legacy
– By: David E. Bernstein –

03-16 Intra-Jurisdictional Tax Competition
– By: Jonathan Klick – Francesco Parisi –

03-17 Cyclical Market Power
– By: Amitai Aviram –

03-18 Lochner Era Revisionism, Revised: Lochner and the Origins of Fundamental Rights Constitutionalism
– By: David E. Bernstein –

03-19 Offsetting Behavior in the Workplace
– By: Jonathan Klick – Thomas Stratmann –

03-20 The Hidden Bias Of The Vienna Convention On The Law Of Treaties
– By: Vincy Fon – Francesco Parisi –

03-21 Stability And Change In International Customary Law
– By: Vincy Fon – Francesco Parisi –

03-22 The Arab League Boycott and WTO Accession: Can Foreign Policy Excuse Discriminatory Sanctions?
– By: Eugene Kontorovich –

03-23 Perception and Income: The Behavioral Economics of the Realization Doctrine
– By: Terrence R. Chorvat –

03-24 Fragmentation of Property Rights: A Functional Interpretation of the Law of Servitudes
– By: Francesco Parisi – Ben Depoorter –

03-25 You Can't Take It With You: Behavioral Finance and Corporate Expatriations
– By: Elizabeth Chorvat –

03-26 Lochner’s Feminist Legacy
– By: David E. Bernstein –

03-27 A Beautiful Mend: A Game Theoretical Analysis of the Dormant Commerce Clause
– By: Maxwell Stearns –

03-28 Appellate Courts Inside and Out
– By: Maxwell Stearns –

03-29 Toward A Positive Economic Theory Of Negative Liability
– By: Giuseppe Dari-Mattiacci –

03-30 Impediments to Information Sharing among Competitors: A Behavioral and Economic Analysis
– By: Amitai Aviram – Avishalom Tor –

03-31 Valuable Patents
– By: Mark A. Lemley – Kimberly Moore – John R. Allison – R. Derek Trunkey –

03-32 “EQUAL PROTECTION, MY ASS!?” Bush v. Gore and Laurence Tribe’s Hall of Mirrors
– By: Nelson Lund –

03-33 The Unbearable Wrongness Of Bush V. Gore
– By: Laurence Tribe –

03-34 Carnival of Mirrors: Laurence Tribe's "Unbearable Wrongness"
– By: Nelson Lund –

03-35 Lost At The Equal Protection Carnival: Nelson Lund's Carnival Of Mirrors
– By: Laurence Tribe –

03-36 Information Markets, Administrative Decisionmaking, and Predictive Cost-Benefit Analysis
– By: Michael Abramowicz –

03-37 Health Human Capital And The Cost Of Smoking
– By: Richard Ippolito –

03-38 The Paradox of Auxiliary Rights: The Privilege Against Self-Incrimination and the Right to Keep and Bear Arms
– By: Michael Steven Green –

03-39 Functional Law and Economics: The Search for Value-Neutral Principles of Lawmaking
– By: Francesco Parisi – Jonathan Klick –

03-40 Errors and the Functioning of Tort Liability
– By: Giuseppe Dari-Mattiacci –

03-41 Rousseau and Direct Democracy (with a Note on the Supreme Court’s Term
– By: Nelson Lund –

03-42 Adverse Selection and Moral Hazard in Forum Shopping: Conflicts Law as Spontaneous Order
– By: Nita Ghei – Francesco Parisi –

03-43 Role-Reversibility, Stochastic Ignorance, and the Formation of Norms
– By: Vincy Fon – Francesco Parisi –

03-44 The Rise And Fall Of Communal Liability In Ancient Law
– By: Francesco Parisi – Giuseppe Dari-Mattiacci –

03-45 Liability Rules for Constitutional Rights: The Case of Mass Detentions
– By: Eugene Kontorovich –

03-46 Why So Many Bankruptcies And What To Do About It: An Economic Analysis Of Consumer Bankruptcy Law And Bankruptcy Reform
– By: Todd J. Zywicki –

03-47 Political Ignorance and the Countermajoritarian Difficulty: A New Perspective on the “Central Obsession” of Constitutional
– By: Ilya Somin –

03-48 Voter Knowledge and Constitutional Change: Assessing the New Deal Experience
– By: Ilya Somin –

03-49 The Economics of Tort Law: A Précis
– By: Giuseppe Dari-Mattiacci – Francesco Parisi –

03-50 Hans Kelsen and the Logic of Legal Systems
– By: Michael Steven Green –

03-51 Copyrighting Facts
– By: Michael Steven Green –

03-52 Ending Abuse of Patent Continuations
– By: Mark A. Lemley – Kimberly Moore –

03-53 Rents, Dissipation & Lost Treasures: Rethinking Tullock's Paradox
– By: Giuseppe Dari-Mattiacci – Francesco Parisi –

03-54 The Evolution of Sherman Act Case Law: A Roadmap for Competitive Federalism
– By: D. Bruce Johnsen – Moin Yahya –

03-55 Gödel, Kaplow, Shavell: Consistency and Completeness in Social Decisionmaking
– By: Giuseppe Dari-Mattiacci –

03-56 When Will Judgment Proof Injurers Take Too Much Precaution?
– By: Giuseppe Dari-Mattiacci – Gerrit De Geest –

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2004

04-01 Accommodating a New Tenant in the House of Cards: Introducing Competition Into a Network Industry
– By: Amitai Aviram –

04-02 Defending The First Amendment From Antidiscrimination Laws
– By: David E. Bernstein –

04-03 Judgment Proofness under Four Different Precaution Technologies
– By: Giuseppe Dari-Mattiacci – Gerrit De Geest –

04-04 Dworkin's Fallacy, Or What the Philosophy of Language Can't Teach Us About
– By: Michael Steven Green –

04-05 The Health Effects Of Alcohol: Do Controls For Demographics And Other Risky Habits Affect The Conclusions?
– By: Richard Ippolito –

04-06 The Daubert Trilogy In The States
– By: David E. Bernstein – Jeffrey Jackson –

04-07 Law & Neuroeconomics
– By: Terrence R. Chorvat – Kevin McCabe – Vernon Smith –

04-08 Class Action Lawyers As Lawmakers
– By: Bruce H. Kobayashi – Larry E. Ribstein –

04-09 Posner's Democratic Pragmatism
– By: Ilya Somin –

04-10 The Intrinsic Inferiority of Efficiency Wages to Damages and Conditional Bonuses
– By: Gerrit De Geest – Giuseppe Dari-Mattiacci – Jacques J. Siegers –

04-11 Keeping Junk Science out of Asbestos Litigation
– By: David E. Bernstein –

04-12 Reconciling Group Selection and Methodological Individualism
– By: Todd J. Zywicki –

04-13 Causation and Responsibility: The Compensation Principle From Grotius to Calabresi
– By: Francesco Parisi – Vincy Fon –

04-14 Can Tort Reform and Federalism Coexist?
– By: Michael I. Krauss – Robert A. Levy –

04-15 Judicial Precedents in Civil Law Systems: A Dynamic Analysis
– By: Vincy Fon – Francesco Parisi –

04-16 The Law and Economics of Irrational Behavior: An Introduction
– By: Francesco Parisi – Vernon Smith –

04-17 Lawrence v. Texas and Judicial Hubris
– By: Nelson Lund – John O. McGinnis –

04-18 State Intervention/State Action – A U.S. Perspective
– By: Timothy J. Muris –

04-19 The Federal Trade Commission and the Future Development of U.S. Consumer Protection Policy
– By: Timothy J. Muris –

04-20 How History Can Inform Practice in Modern U.S. Competition Policy
– By: Timothy J. Muris –

04-21 Looking Forward: The Federal Trade Commission and the Future Development of U.S. Competition Policy
– By: Timothy J. Muris –

04-22 Positive, Normative and Functional Schools in Law and Economics
– By: Francesco Parisi –

04-23 From “tragedy” to “disaster”: Welfare Effects of Commons and Anticommons Dilemmas
– By: Sven Vanneste – Alain Van Hiel – Francesco Parisi – Ben Depoorter –

04-24 The Filtering Effect of Sharing Rules
– By: Giuseppe Dari-Mattiacci – Gerrit De Geest –

04-25 A Positive Theory of Universal Jurisdiction
– By: Eugene Kontorovich –

04-26 The Rehnquist Court’s Pragmatic Approach to Civil Rights
– By: Nelson Lund –

04-27 Least Cost Avoidance
– By: Giuseppe Dari-Mattiacci – Nuno Garoupa –

04-28 Xenophobia in American Courts
– By: Kimberly Moore –

04-29 Worthless Patents
– By: Kimberly Moore –

04-30 Populism and Patents
– By: Kimberly Moore –

04-31 Legislation and Countervailing Effects from Social Norms
– By: Francesco Parisi – Georg Von Wagenheim –

04-32 Codification and the Optimal Specificity of Legal Rules
– By: Vincy Fon – Francesco Parisi –

04-33 The Brain and the Law
– By: Terrence R. Chorvat – Kevin McCabe –

04-34 Environmental Amenities, Private Property and Public Policy
– By: Steven J. Eagle –

04-35 An Economic Analysis of the Consumer Bankruptcy Crisis
– By: Todd J. Zywicki –

04-36 The Entrepreneurship Effect: An Accidental Externality in the Federal Income Tax
– By: Leandra Lederman –

04-37 Soft Negligence And Cause In Fact: A Comment On Ganuza And Gomez
– By: Giuseppe Dari-Mattiacci –

04-38 Implementing Sosa v. Alvarez-Machain: What Piracy Teaches About the Limits of the Alien Tort Statute
– By: Eugene Kontorovich –

04-39 On The Optimal Scope of Negligence
– By: Giuseppe Dari-Mattiacci –

04-40 Wireless Telecommunications, Infrastructure Security, and the NIMBY Problem
– By: Steven J. Eagle –

04-41 Social Networks, Self Denial, and Median Preferences: Conformity as an Evolutionary Strategy
– By: Francesco Parisi – Jonathan Klick –

04-42 “Accommodations” for the Learning Disabled: A Level Playing Field or Affirmative Action for Elites?
– By: Craig Lerner –

04-43 Legislators as the “American Criminal Class:” Why Congress (Sometimes) Protects the Rights of Defendants
– By: Craig Lerner –

04-44 The Constitution in Two Dimensions: A Transaction Cost Analysis of Constitutional Remedies
– By: Eugene Kontorovich –

04-45 Obesity and Advertising Policy
– By: Maureen K. Ohlhausen – Todd J. Zywicki – Deborah Holt –

04-46 Wine Wars: The 21st Amendment and Discriminatory Bans to Direct Shipment of Wine
– By: Todd J. Zywicki –

04-47 Rents, Dissipation, and Lost Treasures with N Parties
– By: Giuseppe Dari-Mattiacci – Eric Langlais – Francesco Parisi –

04-48 Theory and Practice of Competition Advocacy at the FTC
– By: James C. Cooper – Paul Pautler – Todd J. Zywicki –

04-49 A Culturally Correct Proposal to Privatize the British Columbia Salmon Fishery
– By: D. Bruce Johnsen –

04-50 Does Soft Dollar Brokerage Benefit Portfolio Investors: Agency Problem or Solution?
– By: Stephen M. Horan – D. Bruce Johnsen –

04-51 Judicial Power and Civil Rights Reconsidered
– By: David E. Bernstein – Ilya Somin –

04-52 The Unsolvable Dilemma of a Paretian Policymaker
– By: Giuseppe Dari-Mattiacci – Nuno Garoupa –

04-53 Putting Humpty Dumpty Back Together: Pricing in Anticommons Property Arrangements
– By: Ben Depoorter – Sven Vanneste –

04-54 The Law and Economics of Cybersecurity: An Introduction
– By: Mark Grady – Francesco Parisi –

04-55 Defining Dicta
– By: Michael Abramowicz – Maxwell Stearns –

04-56 Whistle Blowing
– By: Ben Depoorter – Jeff De Mot –

---

2005

05-01 Disappearing Defendants V. Judgment Proof Injurers: Upgrading The Theory Of Tort Law Failures
– By: Giuseppe Dari-Mattiacci – Barbara M. Mangan –

05-02 Cross –Examining The Brain: A Legal Analysis of Neural Imaging For Credibility Impeachment
– By: Charles N.W. Keckler –

05-03 Taxing Utility
– By: Terrence R. Chorvat –

05-04 Overcoming Poletown
– By: Ilya Somin –

05-05 A Response to Professor Goldberg: An Anticompetitive Restraint by Any Other Name . . .
– By: Timothy J. Muris –

05-06 Soft Regulators, Tough Judges
– By: Gerrit De Geest – Giuseppe Dari-Mattiacci –

05-07 Institutions, Incentives, and Consumer Bankruptcy Reform
– By: Todd J. Zywicki –

05-08 The FTC and State Action: Evolving Views on the Proper Role of Government
– By: Todd J. Zywicki – John T. Delacourt –

05-09 Modernization of European Antitrust Enforcement: The Economics of Regulatory Competition
– By: Ben Depoorter – Francesco Parisi –

05-10 Fig Leaf Federalism and Tenth Amendment Exceptionalism
– By: Nelson Lund –

05-11 An Economic Analysis of the Private and Social Costs of the Provision of Cybersecurity and other Public Security Goods
– By: Bruce H. Kobayashi –

05-12 The Comparative Law and Economics of Pure Economic Loss
– By: Francesco Parisi – Vernon Palmer – Mauro Bussani –

05-13 Neuroeconomics and Rationality
– By: Terrence R. Chorvat – Kevin McCabe –

05-14 Bolling, Equal Protection, Due Process, and Lochnerphobia
– By: David E. Bernstein –

05-15 Learning the Wrong Lessons from “An American Tragedy”: A Critique of the Berger-Twerski Informed Choice Proposal
– By: David E. Bernstein –

05-16 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
– By: Todd J. Zywicki –

05-17 Expressive Association after Dale
– By: David E. Bernstein –

05-18 The Reasonableness of Probable Cause
– By: Craig Lerner –

05-19 Private Property, Development and Freedom: On Taking Our Own Advice
– By: Steven J. Eagle –

05-20 Reasonable Suspicion and Mere Hunches
– By: Craig Lerner –

05-21 Crops, Guns & Commerce: A Game Theoretical Critique of Gonzales v. Raich
– By: Maxwell Stearns –

05-22 Core of Pure Economic Loss
– By: Giuseppe Dari-Mattiacci – Hans-Bernd Schäfer –

05-23 Life v. Death: Or Why the Death Penalty Should Marginally Deter
– By: Charles N.W. Keckler –

05-24 Calling a Truce in the Culture Wars: From Enron to the CIA
– By: Craig Lerner –

05-25 Substituting Complements
– By: Giuseppe Dari-Mattiacci – Francesco Parisi –

05-26 The Economics of Loyalty Discounts and Antitrust Law in the United States
– By: Bruce H. Kobayashi –

05-27 Two Tales of Bundling: Implications for the Application of Antitrust Law to Bundled Discounts
– By: Bruce H. Kobayashi –

05-28 Antitrust Law and Competition for Distribution
– By: Joshua D. Wright –

05-29 A Law and Economics Perspective on Terrorism
– By: Nuno Garoupa – Jonathan Klick – Francesco Parisi –

05-30 ‘Sui Generis’?: An Antitrust Analysis of Buyer Power in the United States and European Union
– By: Joshua D. Wright – Richard Scheelings –

05-31 Securing a Reliable Electricity Grid: A New Era in Transmission Siting Regulation?
– By: Steven J. Eagle –

05-32 Limiting Limited Liability
– By: Giuseppe Dari-Mattiacci –

05-33 Formation and Accession to International Treaties
– By: Vincy Fon – Francesco Parisi –

05-34 Have Gun, Can’t Travel: The Right to Arms under the Privileges and Immunities Clause of Article IV
– By: Nelson Lund –

05-35 Not Ready for Prime Time? A Survey of the Economic Literature on Bundling
– By: Bruce H. Kobayashi –

05-36 The Hazards of Precedent: A Parameterization of Legal Change
– By: Charles N.W. Keckler –

05-37 Mutual Funds, Conflicts of Interest, and Regulatory Error: A Property Rights Approach
– By: D. Bruce Johnsen –

05-38 The Fall and Rise of Functional Property
– By: Francesco Parisi –

05-39 Uncertainty of Law and the Legal Process
– By: Giuseppe Dari-Mattiacci – Bruno Deffains –

05-40 The Economics of Legal Harmonization
– By: Emanuela Carbonara – Francesco Parisi –

---

2006

06-01 Controlling the Grasping Hand: Economic Development Takings after Kelo
– By: Ilya Somin –

06-02 The Economics of Treaty Ratification
– By: Vincy Fon – Francesco Parisi –

06-03 Matching Rules
– By: Vincy Fon – Francesco Parisi –

06-04 The Red Menace Revisited
– By: David E. Bernstein –

06-05 Shedding Tiers for a la Carte? -- An Economic Analysis of Cable TV Pricing
– By: Thomas W. Hazlett –

06-06 Cable TV Franchises As Barriers To Video Competition
– By: Thomas W. Hazlett –

06-07 Property Rights to Radio Spectrum in Guatemala and El Salvador: An Experiment in Liberalization
– By: Thomas W. Hazlett – S. Giancarlo Ibárgüen – Wayne A. Leighton –

06-08 “Active Liberty” and Judicial Power: What Should Courts Do to Promote Democracy?
– By: Ilya Somin –

06-09 Is Constitution Day Constitutional?
– By: Nelson Lund –

06-10 The Green Costs of Kelo: Economic Development Takings and Environmental Protection
– By: Ilya Somin – Jonathan H. Adler –

06-11 William Cushing, Chief Justice of the United States
– By: Ross E. Davies –

06-12 Strike Season: Protecting Labor-Management Conflict in the Age of Terror
– By: Ross E. Davies –

06-13 A Certain Mongrel Court: Congress’s Past Power and Present Potential To Reinforce the Supreme Court
– By: Ross E. Davies –

06-14 Slotting Contracts and Consumer Welfare
– By: Joshua D. Wright –

06-15 The Economics of Federalism
– By: Bruce H. Kobayashi – Larry E. Ribstein –

06-16 Outsider Trading as an Incentive Device
– By: Bruce H. Kobayashi – Larry E. Ribstein –

06-17 Faithless Electors of 1912: Arthur Wakeling on the Kansas Electoral Case
– By: Ross E. Davies –

06-18 The Most Important Article of All Time
– By: Ross E. Davies –

06-19 A Clearing in the Forest: Infusing the Labor Union Dues Dispute with First Amendment Values
– By: Harry G. Hutchison, IV –

06-20 A Response to Professor Goldberg: An Anticompetitive Restraint by Any Other Name
– By: Timothy J. Muris –

06-21 Discordant Notes: A Reply to Professor Wright
– By: Timothy J. Muris –

06-22 Payment Card Regulation and the (Mis)Application of the Economics of Two-Sided Markets
– By: Timothy J. Muris –

06-23 More Than Law Enforcement: The FTC's Many Tools - A Conversation with Tim Muris and Bob Pitofsky
– By: Timothy J. Muris –

06-24 Principles for a Successful Competition Agency
– By: Timothy J. Muris –

06-25 MasterCard's Single Entity Strategy
– By: Joshua D. Wright –

06-26 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
– By: Harry G. Hutchison, IV –

06-27 Independent Invention as a Defense to Patent Infringement
– By: Samson Vermont –

06-28 A Welfare Analysis of Spectrum Allocation Policies
– By: Thomas W. Hazlett –

06-29 A Constitutional Right to Self Defense?
– By: Nelson Lund –

06-30 Knowledge about Ignorance: New Directions in the Study of Political Information
– By: Ilya Somin –

06-31 Gonzales v. Raich: Federalism as a Casualty of the War on Drugs
– By: Ilya Somin –

06-32 Lochner v. New York: A Centennial Retrospective
– By: David E. Bernstein –

06-33 Public Services Meet Private Law
– By: Michael I. Krauss –

06-34 The Other Supreme Court
– By: Ross E. Davies –

06-35 Economic Salvation in a Restive Age: The Demand for Secular Salvation Has Not Abated
– By: Steven J. Eagle –

06-36 Missed Opportunities in Independent Ink
– By: Joshua D. Wright –

06-37 The Economics of Slotting Contracts
– By: Joshua D. Wright – Benjamin Klein –

06-38 The Antitrust Law and Economics of Category Management
– By: Joshua D. Wright – Benjamin Klein –

06-39 Singing Along: A Comment on Goldberg & Muris on the Three Tenors
– By: Joshua D. Wright –

06-40 The Per Curiam Opinion of Steel: Buckley v. Valeo as Superprecedent? Clues from Wisconsin and Vermont
– By: Allison Hayward –

06-41 Insider Trading: Hayek, Virtual Markets, and the Dog that did not Bark
– By: Henry G. Manne –

06-42 The Propriety of a Judge's Failure to Recuse When Being Considered for Another Position
– By: Ronald D. Rotunda –

06-43 Judicial Ethics, The Appearance of Impropriety, and the Proposed New ABA Judicial Code
– By: Ronald D. Rotunda –

06-44 Spectrum Allocation in Latin America: An Economic Analysis
– By: Thomas W. Hazlett – Roberto E. Munoz –

06-45 A False Dawn for Federalism: Clear Statement Rules after Gonzales v. Raich
– By: Ilya Somin –

06-46 Should International Law be Part of Our Law
– By: Ilya Somin – John O. McGinnis –

06-47 Justice Breyer's Party
– By: Allison Hayward –

06-48 Evaluating the WTO's Two Step Test for Environmental Measures Under Article XX
– By: Nita Ghei –

06-49 How Law and Economics was Marketed in a Hostile World: A Very Personal History
– By: Henry G. Manne –

06-50 A Free Market Model of a Large Corporation System
– By: Henry G. Manne –

06-51 The Reluctant Recusants: Two Parables of Supreme Judicial Disqualification
– By: Ross E. Davies –

06-52 Remarks on the Lewis & Clark Law School Business Law Forum: Behavioral Analysis of Corporate Law: Instruction or Distraction
– By: Henry G. Manne –

---

2007

07-01 Property Tests, Due Process Tests and Regulatory Takings Jurisprudence
– By: Steven J. Eagle –

07-02 The Angel is in the Big Picture: A Response to Lemley
– By: Samson Vermont –

07-03 The Effect of Contract Regulation: The Case of Franchising
– By: Jonathan Klick – Bruce H. Kobayashi – Larry E. Ribstein –

07-04 The Hypocrisy of the Milberg Indictment: The Need for a Coherent Framework on Paying for Cooperation in Litigation
– By: Bruce H. Kobayashi – Larry E. Ribstein –

07-05 Posner, Hayek & the Economic Analysis of Law
– By: Todd J. Zywicki – Anthony B. Sanders –

07-06 Speed, Safety, and Dignity: Pediatric Pharmaceutical Development in an Age of Optimism
– By: Randall B. Clark –

07-07 The U.S. Federal Trade Commission and Competition Advocacy: Lessons for Latin American Competition Policy
– By: Todd J. Zywicki – James C. Cooper –

07-08 The Detainee Cases of 2004 and 2006 and their Aftermath
– By: Ronald D. Rotunda –

07-09 Consumer Bankruptcy
– By: Todd J. Zywicki –

07-10 Evolutionary Psychology
– By: Todd J. Zywicki –

07-11 Expert Witnesses, Adversarial Bias, and the (Partial) Failure of the Daubert Revolution
– By: David E. Bernstein –

07-12 B.R. & G.T. Curtis
– By: Ross E. Davies – Curtis E. Gannon –

07-13 Gordon Tullock's Critique of the Common Law
– By: Todd J. Zywicki –

07-14 The Limits of Backlash: Assessing the Political Response to Kelo
– By: Ilya Somin –

07-15 Shaming Kindergarteners? Channeling Dred Scott? Freedom of Expression Rights in Public Schools
– By: Harry G. Hutchison, IV –

07-16 Liberal Hegemony? School Vouchers and the Future of the Race
– By: Harry G. Hutchison, IV –

07-17 Is Post-Kelo Eminent Domain Reform Bad for the Poor?
– By: Ilya Somin –

07-18 "Left Behind" after Sarbanes-Oxley
– By: Craig Lerner – Moin Yahya –

07-19 Election Day at the Bar
– By: Allison Hayward –

07-20 Institutional Review Boards as Academic Bureaucracies: An Economic and Experiential Analysis
– By: Todd J. Zywicki –

07-21 Tax Shelters, Dutch Books, and the Fundamental Theorem of Asset Pricing
– By: Terrence R. Chorvat –

07-22 Remembering Robert J. Drinan, S.J.
– By: Ronald D. Rotunda –

07-23 Against Shareholder Participation: A Treatment for McConvill's Psychonomicosis
– By: Harry G. Hutchison, IV – R. Sean Alley –

07-24 Presidential Signing Statements in Perspective
– By: Nelson Lund –

07-25 Holding Enemy Combatants in the Wake of Hamdan
– By: Ronald D. Rotunda –

07-26 Teaching Professional Responsibility and Ethics
– By: Ronald D. Rotunda –

07-27 Regulation of Blog Campaign Advocacy on the Internet: Comparing U.S., German and EU Approaches
– By: Allison Hayward –

07-28 Can We Make the Constitution More Democratic?
– By: Ilya Somin – Neal Devins –

07-29 Tax Compliance and the Neuroeconomics of Intertemporal Substitution
– By: Terrence R. Chorvat –

07-30 What Workers Want or What Labor Experts Want Them to Want? A Review Essay of What Workers Want by Richard B. Freeman & Joel Rogers, Updated Edition, ILR Press (2006)
– By: Harry G. Hutchison, IV –

07-31 Reclaiming the First Amendment Through Union Dues Restrictions?
– By: Harry G. Hutchison, IV –

07-32 Behavioral Law and Economics, Paternalism, and Consumer Contracts: An Empirical Perspective
– By: Joshua D. Wright –

07-33 Postponing the 2007 “Restyling” Amendments to the Federal Rules of Civil Procedure: A Letter to Members of the Judiciary Committees of the House and Senate
– By: Jeffrey S. Parker –

07-34 Punitive Damages and the Supreme Court: A Tragedy in Five Acts
– By: Michael I. Krauss –

07-35 Does Blight Really Justify Condemnation?
– By: Steven J. Eagle –

07-36 D.C.’s Handgun Ban and the Constitutional Right to Arms: One Hard Question?
– By: Nelson Lund –

07-37 Avoidance Costs in Optimal Penalties
– By: Jeffrey S. Parker –

07-38 Economics of Evidence and Proof
– By: Jeffrey S. Parker –

07-39 NAFTA meets the American Torts Process: O'Keefe v. Loewen
– By: Michael I. Krauss –

07-40 Procedure in American and European Law: A General Economic Analysis
– By: Peter Lewisch – Jeffrey S. Parker –

07-41 The Roberts Court and the Chicago School of Antitrust: The 2006 Term and Beyond
– By: Joshua D. Wright –

07-42 Civil Procedure: General Economic Analysis
– By: Bruce H. Kobayashi – Jeffrey S. Parker –

07-43 The Private Society and the Liberal Public Good in John Locke's Thought
– By: Eric R. Claeys –

07-44 Evidence: General Economic Analysis
– By: Jeffrey S. Parker – Bruce H. Kobayashi –

07-45 Guns, Crime, and Academics: Some Reflections on the Gun Control Debate
– By: Jeffrey S. Parker –

07-46 Revisiting the Fable of Reform
– By: Allison Hayward –

07-47 Did the Corporate Criminal Sentencing Guidelines Matter? Some Preliminary Empirical Observations
– By: Jeffrey S. Parker – Raymond A. Atkins –

07-48 No Armistice at 11: A Commentary on the Supreme Court’s 1993 Amendment to Rule 11 of the Federal Rules of Civil Procedure
– By: Bruce H. Kobayashi – Jeffrey S. Parker –

07-49 Daubert’s Debut: The Supreme Court, the Economics of Scientific Evidence, and the Adversarial System
– By: Jeffrey S. Parker –