There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

The Great American Retirement Fraud

Michael Doran

Over the past twenty-five years, Congress has enacted several major reforms for employer-sponsored retirement plans and individual retirement accounts...

Rethinking the WTO - A Tribute to Bob Lutz

Paul B. Stephan

Over the last thirty years, almost every time I stepped out of my narrow academic path to do something that, I hoped, was for the greater public good...

Public Law and Economics

Robert Cooter

Michael D. Gilbert

This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching in...

An America Fit for the Digital Age?

Thomas B. Nachbar

Commentators have made much sport, here and elsewhere, of evaluating recent proposed antitrust reforms for their likely economic effects. As...

We Can Act to Protect Ourselves Against Gun Violence

Sarah Shalf

Kristen Widner

In the wake of the recent tragic shootings at the University of Virginia, Club Q in Colorado Springs, and a Virginia Walmart, the same questions have...

Is it Kosher for California to Ban Out-of-State Pork?

Ruth Mason

Michael S. Knoll

Last month, the U.S. Supreme Court heard oral arguments in a case that could prove pivotal to the future of regulation and interstate commerce in the...

The Limits of Regulation by Insurance

Kenneth S. Abraham

Daniel Schwarcz

Insurance is an enormously powerful and beneficial method of spreading risk and compensating for loss. But even insurance has its limits. A new and...

National Pork is a Bibb Case, Not a Pike Case

Ruth Mason

Michael S. Knoll

In October 2022, the U.S. Supreme Court heard oral argument in National Pork Producers Council v. Ross, a Ninth Circuit case out of California...

Costs, Confusion, and Climate Change

Michael A. Livermore

Justin Gundlach

In the United States the primary tool to value greenhouse gas emissions reductions in cost-benefit analysis is the social cost of carbon (SCC), which...

Partisan Gerrymandering as a Threat to Multiracial Democracy

Bertrall Ross

In Common Cause v. Rucho, the Supreme Court initiated an era of redistricting without restraint. The Court opened the door to state legislatures to...

Do Good Citizens Need Good Laws? Economics and the Expressive Function

Andrew Hayashi

Michael D. Gilbert

We explore how adding pro-social preferences to the canonical precaution model of accidents changes either the efficient damages rule or the harm from...

Guns and the Tyranny of American Republicanism

Bertrall Ross

On January 6, 2021, men and women, some of them armed, stormed the U.S. Capitol to try to undo a fair and legitimate presidential election. For...

Fix Section 230 and hold tech companies to account

Danielle K. Citron

In the internet’s earliest days, all we saw was its promise. The nascent technology was celebrated for its ability to connect strangers and to ease...

A New Compact for Sexual Privacy

Danielle K. Citron

Intimate life is under constant surveillance. Firms track people’s periods, hot flashes, abortions, sexual assaults, sex toy use, sexual fantasies...

Privatization's Preemptive Effects

Craig Konnoth

Many states offer their citizens protections, benefits, and services that go well beyond those of federal law, ranging from consumer protection...

Regulation of Representatives in Agency Adjudicative Proceedings

George M. Cohen

Many federal agencies conduct adjudicative proceedings and permit claimants or parties to those proceedings to be represented by attorney or non...

Rationing and Disability: The Civil Rights and Wrongs of State Triage Protocols

Deborah Hellman

Kate M. Nicholson

The COVID-19 pandemic and the unprecedented natural disasters of 2020 remind us of the importance of emergency preparedness. This Article contributes...