Antitrust
On the Relevance of Market Power
Law & Economics
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Harvard Law Review Forum
Antitrust Law is Not That Complicated
Responding to Louis Kaplow, On the Relevance of Market Power
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Constitutional Theory
Property is the New Privacy
The Coming Constitutional Revolution
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Harvard Law Review Forum
An Unapologetic Defense of the Classical Liberal Constitution
A Reply to Professor Sherry
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Harvard Law Review Forum
Of Priors and Disconnects
Intellectual preconceptions can distort intended takeaways
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Contract Law
Consent and Sensibility
Do consumers truly “consent” to contractual boilerplate?
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Law & Economics
How Behavioral Economics Trims Its Sails and Why
The tension between policy and social science in behavioral law and economics
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Harvard Law Review Forum
Nudges vs. Shoves
The benefits of preserving choice
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Harvard Law Review Forum
Tacking in Shifting Winds
Choice-preserving regulation recognizes the uncertainty in behavioral models
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Law & Economics
The Problem of Resource Access
Focusing on reducing transaction costs is only one half of the solution to the problem of allocating access to scarce resources.