The Article argues that the economic analysis of tort law has yet to satisfactorily answer a critical threshold question: which of the many inputs that lead to an accident should be included in a court's liability analysis? As a result of this missing theory, the economic analysis of tort law...

The Article argues that the economic analysis of tort law has yet to satisfactorily answer a critical threshold question: which of the many inputs that lead to an accident should be included in a court's liability analysis? As a result of this missing theory, the economic analysis of tort law...

In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...

The use of so-called “pay-for-delay” settlements in patent litigation – in which a branded manufacturer and generic entrant settle a Paragraph IV patent challenge and agree to forestall entry – has come under considerable scrutiny in recent years. Critics argue that these settlements are...

The use of “pay-for-delay” settlements in patent litigation – in which a branded manufacturer and generic entrant settle a Paragraph IV patent challenge and agree to forestall entry – has come under considerable scrutiny in recent years. Critics argue that these settlements are collusive...

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...