Edmund W. Kitch

  • Mary and Daniel Loughran Professor of Law

Edmund Kitch joined the faculty in 1982. His scholarly and teaching interests include agency, corporations, securities, antitrust, industrial and intellectual property, economic regulation and legal and economic history.

In law school Kitch was comment editor for the University of Chicago Law Review and a member of the Order of the Coif. After spending one year as an assistant professor at Indiana University, he taught at the University of Chicago from 1965 until 1982. During that time he served as reporter of the Illinois Supreme Court Committee on Pattern Jury Instructions, special assistant to the solicitor general of the United States, and executive director of the Civil Aeronautics Board Committee on Procedural Reform. He also has been a visiting professor of law at Stanford, Michigan, New York University, Brooklyn Law School and Georgetown University. In 1996 he was the Jack N. Pritzker Distinguished Visiting Professor at Northwestern University School of Law.

After he came to Virginia, he became a member of the Committee on Public-Private Sector Interactions in Vaccine Innovation of the Institute of Medicine, National Academy of Sciences (1983-85). He also was a member of UVA's Center for Advanced Studies from 1982-85. He is a member of the American Bar Association and the American Law Institute.

Education

  • J.D.
    University of Chicago Law School
    1964
  • B.A.
    Yale University
    1961

Books

Principal Paper in Regulation, Federalism and Interstate Commerce (with A. Dan Tarlock), Oelgeschlager, Gunn & Hain, Publishers (1981).

Textbooks

Modern Intellectual Property and Unfair Competition Law (with Sherri L. Burr & Harvey S. Perlman), Foundation Press (6 ed. 2014).
Selected Statutes and International Agreements on Unfair Competition, Trademark, Copyright, and Patent (with Paul Goldstein), Foundation Press (2000 ed. 1986–2009).
Intellectual Property and Unfair Competition (with Harvey S. Perlman), Foundation Press (5 ed. 1998).
Legal Regulation of the Competitive Process: Cases, Materials, and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents, Foundation Press (Revised 4th ed. 1991).
Legal Regulation of the Competitive Process: Cases, Materials, and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents (with Harvey S. Perlman), Foundation Press (4 ed. 1989).
Legal Regulation of the Competitive Process: Cases, Materials, and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents (with Harvey S. Perlman), Foundation Press (3 ed. 1986).
1984 Case Supplement to Legal Regulation of the Competitive Process: Cases, Materials, and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents, Second Edition (with Harvey S. Perlman), Foundation Press (1984).
1984 Statutory Supplement to Legal Regulation of the Competitive Process: Cases, Materials, and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents, Second Edition (with Harvey S. Perlman), Foundation Press (1984).
Legal Regulation of the Competitive Process: Cases, Materials, and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents (with Harvey S. Perlman), Foundation Press (2 ed. 1979).

Book Chapters

Los Fundametos Intelectuales Del Análisis Económico Del Derecho, in Derecho Y Economia: Una Revisión De La Literatura, Fondo de Cultura Económica (2000).
Regulation of the Securities Market, in Encyclopedia of Law and Economics, Edward Elgar, 813–836 (2000).
Territorial Scope of U.S. Securities Laws, in The Law of Cross-Border Securities Transactions , Sweet & Maxwell, 173–196 (1999).
Chicago School of Law and Economics, in The New Palgrave Dictionary of Economics and the Law, Macmillan, 227–233 (1998).
Patents, in The New Palgrave Dictionary of Economics and the Law, Macmillan, 13–17 (1998).
Simons, Henry Calvert (1899-1946), in The New Palgrave Dictionary of Economics and the Law, Macmillan, 4465–468 (1998).
Competition Between Securities Markets: Good or Bad?, in The Future for the Global Securities Market: Legal and Regulatory Aspects, Oxford University Press, 233–242 (1996).
Exhaustion of Intellectual Property: A Perspective from the United States, in Proceedings of the Annual Conference of ATRIP, University of Washington Center for Advanced Study and Research on Intellectual Property (1996).
Is There a Fundamental Difference Between the Disclosure Requirements of American Law and Those of the Rest of the World?, in Essays in Law and Economics, Maklu Uitgevers, 47–71 (1996).
American Law and Preventive Vaccination Programs, in Vaccines, W.B. Saunders Co. (2 ed. 1994).
Framing Hypothesis, in The New Palgrave Dictionary of Money and Finance, Macmillan, 184–185 (1992).
Manipulation of Financial Markets, in Manipulation of Financial Markets, Macmillan, 62–643 (1992).
Securities and Exchange Commission, in The New Palgrave Dictionary of Money and Finance, Macmillan, 415–4417 (1992).
Business Organization Law: State or Federal?, in European Business Law: Legal and Economic Analyses on Integration and Harmonization, Walter de Gruyter, 35–50 (1991).
The Antitrust Economics of Joint Ventures, in Collaborations Among Competitors: Antitrust Policy and Economics , American Bar Section of Antitrust Law, 865 (1991).
American Law and Preventive Vaccination Programs, in Vaccines, W. B. Saunders, 612–621 (1988).
Can Washington Repair the Tort System?, in New Directions in Liability Law, Academy of Political Science, 102–111 (1988).
Law and the Economic Order, in Law and the Social Sciences, Russell Sage Foundation, 109–149 (1986).
Economic Crime: Theory, in Encyclopedia of Crime and Justice, Free Press, 670–679 (1983).
The Political Economy of Innovation in Drugs and Drug Regulation Reform, in The International Supply of Medicines: Implications of U.S. Regulatory Reform, American Enterprise Institute for Public Policy Research, 71–85 (1980).
Can We Buy Our Way Out of Harmful Regulation?, in Deregulating American Industry: Legal and Economic Problems , Lexington Books (1977).
Graham v. John Deere Co.: New Standards for Patents, in The Supreme Court and Patents and Monopolies , University of Chicago Press, 161–214 (1975).
The Patent System and the New Drug Application: An Evaluation of the Incentives for Private Investment in New Drug Research and Marketing, in Regulating New Drugs, University of Chicago Center for Policy Study (1973).
Business Regulation: Transportation, in Con-Con: Issues for the Illinois Convention , Illinois Constitution Research Group (1970).
Foreword , in Clinical Education and the Law School of the Future: Law Students In Court, University of Chicago Law School (1970).
Regulation of the Field Market for Natural Gas by the Federal Power Commission, in The Crisis of the Regulatory Commissions , W.W. Norton, 169–186 (1970).

Articles & Reviews

Restructuring United States Government Debt: Private Rights, Public Values, and the Constitution (with Julia D. Mahoney), 2019 Michigan State Law Review 1283–1328 (2019).
Crowdfunding and an Innovator’s Access to Capital, 21 George Mason University Law Review 887–894 (2014).
Comment on Dennis S. Karjala, Harry Potter, Tanya Grotter, and the Copyright Derivative Work, 38 Arizona State Law Journal 41–46 (2006).
Formative Years, 9 The Green Bag Second Series 303–308 (2006).
Review of Bruner, Deals from Hell, 1 Virginia Law & Business Review 127–140 (2006).
The Simplification of the Criteria for Good Corporate Law or Why Corporate Law Is Not as Important Anymore, 2 Berkeley Business Law Journal 35–38 (2005).
Proposals for Reform of Securities Regulation, 41 Virginia Journal of International Law 629–652 (2001).
Can the Internet Shrink Fair Use?, 78 Nebraska Law Review 880–890 (2000).
Elementary and Persistent Errors in the Economic Analysis of Intellectual Property, 53 Vanderbilt Law Review 1727–1741 (2000).
Hard Thinking about Inevitable Developments?, 2000 Columbia Business Law Review 37–44 (2000).
Berkshire Hathaway’s Uncommon Accounting, 19 Cardozo Law Review 669–677 (1997).
The Theory and Practice of Securities Disclosure, 29 Securities Law Review 3 (1997).
The Expansion of Trade Secrecy Protection and the Mobility of Management Employees: A New Problem for the Law, 47 South Carolina Law Review 659–672 (1996).
The Japanese Patent System and U.S. Innovators, 29 NYU Journal of International Law & Politics 177–185 (1996).
The Yellow Cab Antitrust Case, 26 The Journal of Reprints for Antitrust Law and Economics 921–932 (1996).
The Yellow Cab Antitrust Case, 26 Journal of Reprints for Antitrust Law & Economics 921–932 (1996).
Gustafson v. Alloyd Co.: An Opinion That Did Not Write, 1995 Supreme Court Review 99–124 (1995).
The Theory and Practice of Securities Disclosure, 61 Brooklyn Law Review 763–888 (1995).
The Patent Policy of Developing Countries, 13 UCLA Pacific Basin Law Journal 166–178 (1994).
Expertise as Power: A Case Study of the Securities and Exchange Commission, 10 Yale Journal of Regulation 589–594 (1993).
Intellectual Property and the Common Law, 78 Virginia Law Review 293–304 (1992).
Property Rights in Inventions, Writings, and Marks, 13 Harvard Journal of Law & Public Policy 119–124 (1990).
Review of Scheppele, Legal Secrets (reviewing Kim Lane Scheppele, Legal Secrets: Equality and Efficiency in the Common Law) 28 Journal of Economic Literature 1770–1771 (1990).
The Framing Hypothesis: Is it Supported by Credit Card Issuer Opposition to a Surcharge on a Cash Price?, 6 Journal of Law, Economics, & Organization 217–233 (1990).
The Vaccine Dilemma, Issues in Science & Technology 108–121 (1986).
Patents: Monopolies or Property Rights?, 8 Research in Law & Economics 31–49 (1986).
Vaccines and Product Liability: A Case of Contagious Litigation, 9 Regulation 11–18 (1985).
The Antitrust Economics of Joint Ventures, 544 Antitrust Law Journal 957–966 (1985).
A Federal Vision of the Securities Law, 70 Virginia Law Review 857–873 (1984).
Review of Veljanovski, The New Law-and-Economics (reviewing Cento G. Veljanovski, The New Law-and-Economics: A Research Review) 4 International Review of Law & Economics 229–233 (1984).
The Fire of Truth: A Remembrance of Law and Economics at Chicago, 1932-1970, 26 Journal of Law & Economics 163–234 (1983).
The Intellectual Foundations of “Law and Economics”, 33 Journal of Legal Education 184–196 (1983).
Regulation, the American Common Market and Public Choice, 6 Harvard Journal of Law & Public Policy 119–126 (1982).
Discussion of Some Implications of the United States Constitution for Accounting Institution Alternatives, Journal of Accounting Research 123–128 (1981).
Patents, Prospects, and Economic Surplus: A Reply, 23 Journal of Law & Economics 205–208 (1980).
Review of Kripke, The SEC and Corporate Disclosure (reviewing Homer Kripke, The SEC and Corporate Disclosure: Regulation in Search of a Purpose) 47 University of Chicago Law Review 394–402 (1980).
The Law and Economics of Rights in Valuable Information, 9 Journal of Legal Studies 683–724 (1980).
The Return of Color-Consciousness to the Constitution: Weber, Dayton, and Columbus, 1979 Supreme Court Review 1–16 (1979).
The Facts of Munn v. Illinois (with Clara Ann Bowler), 1978 Supreme Court Review 313–344 (1978).
The Political Economy of Innovation in Drugs and the Role of the Food and Drug Administration, 24 University of Chicago Law School Record 13 (1978).
The Nature and Function of the Patent System, 20 Journal of Law & Economics 265–290 (1977).
Letter to the Editor, 63 Trademark Reporter 171 (1973).
The Shortage of Natural Gas, 2 Occasional Papers from the Law School of the University of Chicago 1–13 (1972).
The Regulation of Taxicabs in Chicago (with Marc Isaacson & Daniel Kasper), 14 Journal of Law & Economics 285–350 (1971).
The Supreme Court's Code of Criminal Procedure: 1968-1969 Edition, 1969 Supreme Court Review 155–202 (1969).
Katz v. United States: The Limits of the Fourth Amendment, 1968 Supreme Court Review 133–152 (1968).
Regulation of the Field Market for Natural Gas by the Federal Power Commission, 11 Journal of Law & Economics 243–280 (1968).
Review of Benjamin Kaplan, An Unhurried View of Copyright (reviewing Benjamin Kaplan, An Unhurried View of Copyright) 20 Stanford Law Review 794–798 (1968).
Graham v. John Deere Co.: New Standards for Patents, 49 Journal of the Patent Office Society 237–299 (1967).
Permian Basin Area Rate Cases and the Regulatory Determination of Price, 116 University of Pennsylvania Law Review 191–221 (1967).
Graham v. John Deere Co.: New Standards for Patents, 1966 Supreme Court Review 293–346 (1966).
Section 1404(a) of the Judicial Code: In the Interest of Justice or Injustice, 40 Indiana Law Journal 99–142 (1965).

Reports & Datasets

Proposal on Climate-Related Disclosures for Investors [File No. S7-10-22] (with Lawrence A. Cunningham et al.), U.S. Securities and Exchange Commission (2022).

Op-Eds, Blogs, Shorter Works

Why Did the 1964 Act Raise Securities Prices?: A Comment on Greenstone, Oyer, and Vissing-Jorgensen, Regulation 59–60 (July, 2006).
Readying for More Reform, Regulation 54–57 (2002).
Fear of Liability Shapes Vaccination Policy, Wall Street Journal A15 (February 24, 1993).
Legal Education: A Capsule History, Virginia Law School Report 9–10 (1989).
Suffer the Little Children, Wall Street Journal 30 (March 25, 1986).
Physicians and the Law: An Editorial, 140 American Journal of Diseases of Children 525–526 (1986).
Common Law Threatens the Children, 9 Virginia Law School Report 10–13 (1985).
Taxi Reform—The FTC Can Hack It, 8 Regulation 13 (May, 1984).
In Memoriam: David P. Currie (1936-2007), 75 University of Chicago Law Review 13–15.

Current Courses

Banking and Financial Institutions
Corporations
Monetary Constitution Seminar
Securities Regulation

All Courses

Colloquium in Business Law
Corporations
Intellectual Property
Intellectual Property: Trade
Property
Securities Fraud
Seminar in Ethical Values
Trademark

IN THE NEWS

06/23/2022
Proposal on Climate-Related Disclosures for Investors (Harvard Law School Forum on Corporate Governance)
12/13/2020
Ep 22 ft. Julia Mahoney & Ed Kitch (Clauses & Controversies)
10/13/2020
Entertaining the Unthinkable in Tax Policy: Should the U.S. Restructure Its Debt? (Forbes)
06/24/2014
UVA Professors: Redskins Trademark Ruling Could Be Hard to Fight (The Daily Progress)
09/25/2013
Equity Crowdfunding Is Now Legal. How Can You Get Your Piece of the Action? (Nerd Wallet)
09/28/2009
U.Va. Faculty Senate Weighs Access to Scholarly Articles (UVA Today)
07/25/2009
Carilion Target of FTC Antitrust Complaint (Carilion Target of FTC Antitrust Complaint)
04/01/2008
Prosecuting False Stock Rumors Can Be Difficult - Experts (CNN Money.com)
07/08/2007
UVa Professor Completes Supreme Court Trifecta (Daily Progress (Charlottesville ))
06/11/2003
Tech Controls on P2P Networks 'Hard to Write, Easy to Ignore' (Communications Daily)
06/10/2003
Intellectual Property: Current Copyright Law Applies to Internet, Panelists Say (National Journal's Technology Daily)
06/10/2003
Today's Events in Washington (Bulletin's Frontrunner)
06/05/2003
The Future of Online Music, Movies & Games - June 10 Conference (PR Newswire)
02/25/2003
Discussion (FNS Daybook)
02/24/2003
Washington Agenda-General (U.P.I.)
02/20/2002
Intellectual Property: Academics Warn Against Sweeping Patent (National Journal's Technology Daily)

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