In some industries, monopoly is natural. One provider can serve the relevant demand cheaper than two or more firms. If the monopoly is not contestable, i.e. not controlled by a credible threat of entry, regulation is necessary. The essential facilities doctrine is one such regulatory tool. It...

In some industries, monopoly is natural. One provider can serve the relevant demand cheaper than two or more firms. If the monopoly is not contestable, i.e. not controlled by a credible threat of entry, regulation is necessary. The essential facilities doctrine is one such regulatory tool. It...

Iuris prudentia, non iuris scientia. For many lawyers, this bit of Latin settles the affair. Scientific methods are not for us lawyers. If the natural scientists believe in randomized trials, be that so. We have a different task. We have to interpret the law, maybe also contribute to its...

Oliver Williamson has coined the term "fundamental transformation". It captures the following situation: before they strike a deal, buyer and seller are protected by competition. Yet thereafter they find themselves in a bilateral monopoly. With common knowledge of standard preferences, both...

Oliver Williamson has coined the term “fundamental transformation”. It captures the following situation: before they strike a deal, buyer and seller are protected by competition. Yet thereafter they find themselves in a bilateral monopoly. With common knowledge of standard preferences, both...

Oliver Williamson has coined the term "fundamental transformation". It captures the following situation: before they strike a deal, buyer and seller are protected by competition. Yet thereafter they find themselves in a bilateral monopoly. With common knowledge of standard preferences, both...

Apparently judges' decisions are not motivated by maximizing their own profit. The literature uses two strategies to explain this observation: judges care about the long-term monetary consequences for themselves, or individuals who are more strongly motivated by the common good self-select into...

Judges are obliged to give reasons for their decisions. A set of formal and informal norms specifies how this is to be done. These norms serve a whole array of purposes. This paper shows that one substantial effect is on decision quality. The effect can even be demonstrated on an ad hoc basis....

Judges and juries frequently must decide, knowing that they do not know everything that would be relevant for deciding the case. The law uses two related institutions for enabling courts to nonetheless decide the case: the standard of proof, and the burden of proof. In this paper, we contrast a...