Economic theory generally supports the idea that judicial independence, and, more generally, high quality courts, facilitate economic growth. Good, independent courts enforce contracts and protect property, and by doing so encourage the investment which is crucial for economic development....

Trademark dilution needs to be rethought to ensure that it enhances social welfare. Blurring should only be considered harmful when it increases consumer search costs. The fact that a trademark calls to mind two different products should not itself be considered actionable. Blurring only causes...

Scholars have argued that modern American choice-of-law is subject to three biases: (1) a bias in favor of residents of the forum state (pro-resident bias), (2) a bias in favor of plaintiffs (pro-plaintiff bias), and (3) a bias in favor of the law of the forum (forum law bias). This article...

Legal historians currently make remarkably little use of economic theory or of statistical tests. The neglect of economics and statistics may reflect misperceptions of these fields, both of which have changed dramatically in the last two decades. For example, legal historians may reject economic...

Judges decide cases. Do they also try to influence which cases they decide? Clearly plaintiffs “shop” for the most attractive forum, but do judges try to attract cases by “selling” their courts? Some American judges actively try to enlarge their influence by making their courts...

For many years, most scholars have assumed that the strength of reputational incentives is positively correlated with firm size. Firms that sell more products or services were thought more likely to be trustworthy than those that sell less because larger firms have more to lose if consumers...

Although modern societies generally entrust enforcement of the criminal law to public prosecutors, most crimes in pre-modern societies were prosecuted privately by the victim or a relative. This article is the first rigorously quantitative analysis of private prosecution. It focuses on...

This article assesses the impact of changes in judicial independence on equity markets. North and Weingast (1989) argue that judicial independence and other institutional changes inaugurated by the Glorious Revolution of 1688--89 improved public and private finance in England by putting...