Harvard Law Review Forum
Does Running Out of (Some) Trademarks Matter?
Responding to Barton Beebe & Jeanne C. Fromer, Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion
Law & Economics
-
-
Antitrust
On the Relevance of Market Power
-
Harvard Law Review Forum
Antitrust Law is Not That Complicated
Responding to Louis Kaplow, On the Relevance of Market Power
-
Constitutional Theory
Property is the New Privacy
The Coming Constitutional Revolution
-
Harvard Law Review Forum
An Unapologetic Defense of the Classical Liberal Constitution
A Reply to Professor Sherry
-
Harvard Law Review Forum
Of Priors and Disconnects
Intellectual preconceptions can distort intended takeaways
-
Contract Law
Consent and Sensibility
Do consumers truly “consent” to contractual boilerplate?
-
Law & Economics
How Behavioral Economics Trims Its Sails and Why
The tension between policy and social science in behavioral law and economics
-
Harvard Law Review Forum
Nudges vs. Shoves
The benefits of preserving choice
-
Harvard Law Review Forum
Tacking in Shifting Winds
Choice-preserving regulation recognizes the uncertainty in behavioral models