A recurring issue for evidence-based regulation of medicine is deciding whether to extend governmental approval from an approved use with sufficient current evidence of safety and efficacy to a novel use where such evidence is currently lacking. This “extrapolation” problem can arise in...

Access to medical care is an issue of acute and increasing importance in the United States, a country in which the most promising of ground-breaking technologies may be available to only the privileged few. Although debate about the problem of unequal access to medical care typically centers on...

A recurring, foundational issue for evidence-based regulation is deciding whether to extend governmental approval from an existing use with sufficient current evidence of safety and efficacy to a novel use where such evidence is currently lacking. This “extrapolation” issue arises in the...

When we disclose information, we may also communicate information about information. The listener learns not only X but also that the speaker knows X. And the speaker also learns by speaking (for example, the speaker knows that the listener knows X). In this paper we present a series of examples...

In the Calabresi and Melamed framework, liability rules are analogous to "call" options in that a potential taker is given the choice of taking and paying court determined damages. But it is possible to extend the 4 rule framework to include 2 additional "put option" (or "forced purchase")...

In the Calabresi and Melamed framework, liability rules are analogous to "call" options in that a potential taker is given the choice of taking and paying court determined damages. But it is impossible to extend the 4 rule framework to include 2 additional "put option" (or "forced purchase")...

Savvy judges realize that they are normally less informed than private litigants and will accordingly be prone to error in deciding cases. Judges in deciding contract cases should therefore try to harness the parties' private information. This paper applies this idea of harnessing private...

Because disparate impact and disparate treatment claims have distinct elements, they require distinct methods of testing. This article analyzes three different ways of testing of unjustified disparate impacts in organ transplantation, which I will call: the traditional test, the omitted-variable...

Unsolicited solicitations in the form of telemarketing calls, email spam and junk mail impose in aggregate a substantial negative externality on society. Telemarketers don't bear the full costs of their marketing because they do not compensate recipients for the hassle of, say, being interrupted...

Due to network effects, Contact Tracing Apps (CTAs) are only effective if many people download them. However, the response to CTAs has been tepid. For example, in France less than 2 million people (roughly 3% of the population) downloaded the CTA. Against this background, we carry out an online...