Tag: Law and economics
A Tale of Two Formalisms: How Law and Economics Mirrors Originalism and Textualism
Neil H. Buchanan, Professor of Law and James J. Freeland Eminent Scholar Chair in Taxation, Fredric G. Levin College of Law, The University of Florida
Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell Law School
This Article argues that we have witnessed substantially less direct conflict between L&E and O&T than one would expect because, despite their different foundations, the two approaches closely resemble each other in a way that permits conservative jurists to make all-things-considered and ideologically laden value choices and then use L&E, O&T, or both to offer post hoc rationalizations for those choices.
Antitrust and the Design of Production
Herbert Hovenkamp, James G. Dinan University Professor, Penn Law and Wharton Business, University of Pennsylvania
Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much concern with production as such. Although courts do not view it…