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Full-Text Articles in Law

U.S. V. Microsoft - An Economic Analysis, Franklin M. Fisher, Daniel L. Rubinfeld Feb 2017

U.S. V. Microsoft - An Economic Analysis, Franklin M. Fisher, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Analyzes the antitrust lawsuit filed by the United States Department of Justice against the Microsoft Corp. Violations of sections of the Sherman Act; Background of the case; Economic questions raised by Microsoft; Monopolization of the personal computer operating system; Engagement in unreasonable restraints of trade.


Would The Per Se Illegal Treatment Of Reverse Payment Settlements Inhibit Generic Drug Investment?, Bret M. Dickey, Daniel L. Rubinfeld Feb 2017

Would The Per Se Illegal Treatment Of Reverse Payment Settlements Inhibit Generic Drug Investment?, Bret M. Dickey, Daniel L. Rubinfeld

Daniel L. Rubinfeld

"Reverse payment" patent settlements between brand and generic pharmaceutical manufacturers have received substantial scrutiny in recent years. While much has been written about the appropriate antitrust policy towards these settlements, the literature has paid little attention to the effect that changes in that policy might have on the incentives of generic manufacturers to develop generic drugs and challenge branded patents. We present a basic economic model of generic manufacturers' investment decisions and argue that these incentives should be taken into account in evaluating policy issues. We conclude that a per se rule against "reverse payment" patent settlements could chill the …


The Welfare Implications Of Costly Litigation For The Level Of Liability, A. Mitchell Polsinky, Daniel L. Rubinfeld Feb 2017

The Welfare Implications Of Costly Litigation For The Level Of Liability, A. Mitchell Polsinky, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Regulatory Takings: The Case Of Mobile Home Rent Control, Daniel L. Rubinfeld Feb 2017

Regulatory Takings: The Case Of Mobile Home Rent Control, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.


Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld Feb 2017

Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld

Daniel L. Rubinfeld

This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law.