Keith N. Hylton

Boston University - School of Law

William Fairfield Warren Distinguished Professor, Boston University, and Professor of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

  • Boston University - School of Law

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SCHOLARLY PAPERS

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133

Scholarly Papers (93)

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1.

The Economics of Litigation and Arbitration: An Application to Franchise Contracts

Downloads 1,253 ( 14,462)

The Economics of Litigation and Arbitration: An Application to Franchise Contracts

Boston Univ. School of Law Working Paper No. 01-03
Number of pages: 32 Posted: 11 Apr 2001
Keith N. Hylton and Christopher R. Drahozal
Boston University - School of Law and University of Kansas School of Law
Downloads 1,253 (14,173)
Citation 8

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contract law, tort law, law and econ, litigation, governance, franchising, arbitration

The Economics of Litigation and Arbitration: An Application to Franchise Contracts

Journal of Legal Studies, Vol. 32, pp. 549-584, June 2003
Posted: 19 Jan 2004
Keith N. Hylton and Christopher R. Drahozal
Boston University - School of Law and University of Kansas School of Law

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contract law, tort law, law and economics, litigation, governance, franchising, arbitration

2.

Calabresi and the Intellectual History of Law and Economics

Boston Univ. School of Law Working Paper No. 04-04
Number of pages: 20 Posted: 18 May 2004
Keith N. Hylton
Boston University - School of Law
Downloads 1,030 (19,424)
Citation 5

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economic analysis of law, rationality, legal positivism, normative economics, positive economics, utilitarianism, instrumentalism, behavioral economics, optimal deterrence

3.

Antitrust Around the World: An Empirical Analysis of the Scope of Competition Laws and Their Effects

Antitrust Law Journal, 2007, Boston University School of Law Working Paper No. 06-47
Number of pages: 67 Posted: 13 Dec 2006
Keith N. Hylton and Fei Deng
Boston University - School of Law and National Economic Research Associates (NERA)
Downloads 913 (23,255)
Citation 7

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antitrust, competition laws, laws governing dominance, laws governing collusive conduct, laws governing mergers, intensity of competition within a nation, scope of competition laws

4.

Preserving Competition: Economic Analysis, Legal Standards and Microsoft

George Mason Law Review, Vol. 8, No. 1, 1999
Number of pages: 46 Posted: 05 Jan 2000
Ronald A. Cass and Keith N. Hylton
Center for the Rule of Law and Boston University - School of Law
Downloads 802 (28,058)
Citation 4

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5.

The Lawful Acquisition and Exercise of Monopoly Power and its Implications for the Objectives of Antitrust

Competition Policy International, Vol. 4, No. 2, p. 203, 2008
Number of pages: 47 Posted: 30 Sep 2008 Last Revised: 17 May 2009
David S. Evans and Keith N. Hylton
Global Economics Group and Boston University - School of Law
Downloads 756 (30,396)
Citation 3

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Antitust law, monopoly power, competition

6.

The Theory of Penalties and the Economics of Criminal Law

Downloads 730 ( 31,909)

The Theory of Penalties and the Economics of Criminal Law

Boston Univ. School of Law Working Paper No. 02-17
Number of pages: 46 Posted: 05 Nov 2002
Keith N. Hylton
Boston University - School of Law
Downloads 730 (31,406)
Citation 8

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internalization, deterrence, optimal penalties, punitive damages, law enforcement, necessity doctrine, criminal intent

The Theory of Penalties and the Economics of Criminal Law

Review of Law & Economics, Vol. 1, No. 2, Article 1
Posted: 11 Oct 2005
Keith N. Hylton
Boston University - School of Law

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internalization, deterrence, optimal penalties, punitive damages, law enforcement, necessity doctrine, criminal intent

7.

When Should We Prefer Tort Law to Environmental Regulation?

Washburn Law Journal, Vol. 41, No. 3, Pp. 515-534, 2002
Number of pages: 18 Posted: 26 Sep 2001
Keith N. Hylton
Boston University - School of Law
Downloads 722 (32,395)
Citation 4

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8.

Antitrust Intent

Southern California Law Review, Vol. 74
Number of pages: 96 Posted: 28 Aug 2000
Keith N. Hylton and Ronald A. Cass
Boston University - School of Law and Center for the Rule of Law
Downloads 688 (34,549)
Citation 2

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9.

Tying Law and Policy: A Decision Theoretic Approach

Downloads 632 ( 38,741)
Citation 3

Tying Law and Policy: A Decision Theoretic Approach

Boston Univ. School of Law Working Paper No. 01-04
Number of pages: 101 Posted: 17 Apr 2001
Keith N. Hylton and Michael A. Salinger
Boston University - School of Law and Boston University - Questrom School of Business
Downloads 632 (38,163)
Citation 3

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Tying Law and Policy: A Decision Theoretic Approach

Antitrust Law Journal, Vol. 69, 2001
Posted: 25 Oct 2001
Keith N. Hylton and Michael A. Salinger
Boston University - School of Law and Boston University - Questrom School of Business

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10.

The Theory of Tort Doctrine and the Restatement of Torts

Downloads 606 ( 40,942)
Citation 3

The Theory of Tort Doctrine and the Restatement of Torts

Boston University School of Law Research Paper No. 07
Number of pages: 22 Posted: 25 Sep 2000
Keith N. Hylton
Boston University - School of Law
Downloads 402 (67,951)
Citation 3

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The Theory of Tort Doctrine and the Restatement of Torts

Vanderbilt Law Review, Vol. 54, April 2001
Number of pages: 22 Posted: 04 Feb 2001
Keith N. Hylton
Boston University - School of Law
Downloads 204 (141,477)
Citation 3

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11.

Property Rules and Liability Rules, Once Again

Downloads 568 ( 44,557)
Citation 8

Property Rules and Liability Rules, Once Again

Boston Univ. School of Law Working Paper No. 05-17
Number of pages: 73 Posted: 05 Oct 2005
Keith N. Hylton
Boston University - School of Law
Downloads 568 (43,971)
Citation 8

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economics of property and liability rules, property rules, liability rules, bargaining incentives, bargaining theory, Calabresi-Melamed propositions

Property Rules and Liability Rules, Once Again

Review of Law & Economics, Vol. 2, No. 2, Article 1, 2006, Boston University School of Law Working Paper No. 05-17
Posted: 23 Nov 2006
Keith N. Hylton
Boston University - School of Law

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economics of property and liability rules, property rules, liability rules, bargaining incentives, bargaining theory, Calabresi-Melamed propositions

12.

Section 2 and Article 82: A Comparison of American and European Approaches to Monopolization Law

Boston University School of Law Working Paper No. 06-11
Number of pages: 15 Posted: 16 May 2006
Keith N. Hylton
Boston University - School of Law
Downloads 552 (46,214)

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Article 82 of the European Community Treaty, Sherman Act Section 2, monopolization law, American monopolization law, European monopolization law, error-cost analysis, scope of a country's monopolization law, degree of trade dependence

13.

The Law and Economics of Monopolization Standards

Antitrust Law and Economics, 2009, Boston Univ. School of Law Working Paper No. 08-18
Number of pages: 31 Posted: 09 May 2008 Last Revised: 09 Jun 2008
Keith N. Hylton
Boston University - School of Law
Downloads 524 (49,403)

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monopolization, dominance law, Sherman Act Section 2, rent seeking, welfare tradeoffs, consumer harm, specific intent, profit sacrifice, equally efficient competitor test, welfare balancing test, error costs

14.

A Public Choice Theory of Criminal Procedure

Supreme Court Economic Review, Vol. 15, pp. 61-118, 2007, Boston Univ., Law and Economics Research Paper No. 01-02, Harvard Law and Economics Discussion Paper No. 318
Number of pages: 56 Posted: 04 Apr 2001
Keith N. Hylton and Vikramaditya S. Khanna
Boston University - School of Law and University of Michigan Law School
Downloads 519 (50,024)
Citation 3

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15.

Torts and Choice of Law: Searching for Principles

Boston Univ. School of Law Working Paper No. 06-41
Number of pages: 11 Posted: 01 Nov 2006
Keith N. Hylton
Boston University - School of Law
Downloads 464 (57,553)

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tort, choice of law, zone of foreseeable impact, conflict of law, law of forum, law of injury site, law of decision site, balancing tests

16.

Causation in Tort Law: A Reconsideration

Research Handbook on the Economics Of Torts, (Jennifer Arlen, ed., Edward Elgar Publishing, 2013), Forthcoming, Boston Univ. School of Law, Law and Economics Research Paper No. 13-30, Boston Univ. School of Law, Public Law Research Paper No. 13-30
Number of pages: 32 Posted: 24 Jul 2013
Keith N. Hylton
Boston University - School of Law
Downloads 411 (66,746)

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intervening causation, Hand Formula, factual causation, proximate causation, negligence, foreseeability, ex post negligence, ex ante negligence

17.

A Positive Theory of Strict Liability

Review of Law & Economics, 2008, Boston University School of Law Working Paper No. 06-35
Number of pages: 30 Posted: 28 Sep 2006 Last Revised: 26 Jan 2008
Keith N. Hylton
Boston University - School of Law
Downloads 402 (68,578)
Citation 2

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strict liability, negligence, economic theory of strict liability, exchange of risk among actors, externalized benefits

18.

Brief of Amici Curiae Antitrust Law Professors in O'Bannon v. NCAA

University of Illinois College of Law Legal Studies Research Paper No. 15-24
Number of pages: 25 Posted: 22 Nov 2014 Last Revised: 22 Sep 2015
Thomas C. Arthur, Amitai Aviram, Edward D. Cavanagh, Jorge L. Contreras, Daniel A. Crane, Susan Beth Farmer, Herbert Hovenkamp, Keith N. Hylton, Michael S. Jacobs, Alan J. Meese, Salil K. Mehra, William H. Page, Gary R. Roberts, D. Daniel Sokol and Alexander Volokh
Emory University School of Law, University of Illinois College of Law, St. John's University - School of Law, University of Utah - S.J. Quinney College of Law, University of Michigan Law School, Pennsylvania State University, Penn State Law, University of Pennsylvania Law School, Boston University - School of Law, DePaul University - College of Law, William & Mary Law School, Temple University - James E. Beasley School of Law, University of Florida - Levin College of Law, Indiana Univ. Robert H. McKinney School of Law, University of Florida Levin College of Law and Emory University School of Law
Downloads 399 (69,164)

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NCAA, antitrust, rule of reason, sports

19.

Preemption and Products Liability: A Positive Theory

Supreme Court Economic Review, Vol. 16, 2008, Boston Univ. School of Law Working Paper No. 03-17
Number of pages: 44 Posted: 13 Aug 2003
Keith N. Hylton
Boston University - School of Law
Downloads 372 (75,012)
Citation 1

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products liability, preemption, product safety regulation, negligence, strict liability, failure to warn, legislative intent, error costs, design defect, manufacturing defect, fraud on agency

20.

Slavery and Tort Law

Boston University Law Review (Symposium on Jurisprudence of Reparations), Vol. 84, December 2004
Number of pages: 60 Posted: 07 Oct 2004
Keith N. Hylton
Boston University - School of Law
Downloads 371 (75,253)

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Reparations lawsuits, restitution, torts, derivative claims, slavery

21.

An Asymmetric Information Model of Litigation

Downloads 362 ( 77,432)

An Asymmetric Information Model of Litigation

Boston University School of Law Research Paper No. 03
Number of pages: 42 Posted: 25 Aug 2000
Keith N. Hylton
Boston University - School of Law
Downloads 362 (76,784)
Citation 15

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An Asymmetric Information Model of Litigation

International Review of Law and Economics, Forthcoming
Posted: 02 Oct 2001
Keith N. Hylton
Boston University - School of Law

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22.

Antitrust Enforcement Regimes: Fundamental Differences

In the Oxford Handbook of International Antitrust Economics, Volume 1, R.D. Blair and D. Sokol, eds., Oxford University Press, 2014, Boston Univ. School of Law, Law and Economics Research Paper No. 12-41
Number of pages: 21 Posted: 23 Aug 2012 Last Revised: 21 Apr 2015
Keith N. Hylton
Boston University - School of Law
Downloads 341 (82,999)

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antitrust enforcement, international competition law, comparative antitrust law, antitrust economics

23.

Arbitration: Governance Benefits and Enforcement Costs

Boston Univ. School of Law Working Paper No. 04-09
Number of pages: 12 Posted: 22 Sep 2004
Keith N. Hylton
Boston University - School of Law
Downloads 341 (82,999)
Citation 1

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arbitration, governance, enforcement, norms, choice between arbitration and litigation

24.

Antitrust and Intellectual Property: A Brief Introduction

Cambridge Handbook of Antitrust, Intellectual Property and High Tech (Roger D. Blair & D. Daniel Sokol eds., 2017), Forthcoming , Boston Univ. School of Law, Law and Economics Research Paper No. 16-32
Number of pages: 14 Posted: 21 Aug 2016 Last Revised: 01 Sep 2016
Keith N. Hylton
Boston University - School of Law
Downloads 324 (87,920)

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antitrust, intellectual property, patent-antitrust, monopolization, reverse payment settlement, product hopping, predatory innovation

25.

Intent in Tort Law

Boston Univ. School of Law Working Paper No. 09-21
Number of pages: 31 Posted: 22 Apr 2009 Last Revised: 04 May 2009
Keith N. Hylton
Boston University - School of Law
Downloads 311 (92,058)
Citation 1

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intent standards, cost internalization, trespass, battery, assault, mental states, optimal regulation, strict liability

26.

Should Tort Damages Be Multiplied?

Downloads 297 ( 96,821)
Citation 4

Should Tort Damages Be Multiplied?

Boston Univ. School of Law Working Paper No. 02-05
Number of pages: 33 Posted: 19 Jun 2002
Keith N. Hylton and Thomas J. Miceli
Boston University - School of Law and University of Connecticut - Department of Economics
Downloads 297 (96,339)
Citation 4

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damages, multiplier, damages multiplier, optimal deterrence, litigation costs, internalization, tort damages

Should Tort Damages Be Multiplied?

The Journal of Law, Economics, and Organization, Vol. 21, No. 2, pp. 388-416, 2005
Posted: 12 Jul 2005
Keith N. Hylton and Thomas J. Miceli
Boston University - School of Law and University of Connecticut - Department of Economics

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27.

The Law and Economics of Products Liability

Boston Univ. School of Law, Public Law Research Paper No. 12-39, Boston Univ. School of Law, Law and Economics Research Paper No. 12-39
Number of pages: 52 Posted: 25 Jul 2012
Keith N. Hylton
Boston University - School of Law
Downloads 295 (97,516)

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products liability, strict liability, risk utility, consumer expectations, design defect, manufacturing defect, failure to warn

28.

Duty in Tort Law: An Economic Approach

Boston Univ. School of Law Working Paper No. 06-04
Number of pages: 29 Posted: 28 Feb 2006
Keith N. Hylton
Boston University - School of Law
Downloads 290 (99,339)
Citation 4

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negligence, strict liability, duty, proximate cause, externality, subsidy, tax, property rules, liability rules

29.

Property Rules, Liability Rules, and Immunity: An Application to Cyberspace

Boston Univ. School of Law Working Paper No. 06-19
Number of pages: 58 Posted: 01 Aug 2006
Keith N. Hylton
Boston University - School of Law
Downloads 287 (100,508)
Citation 2

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property rules, liability rules, immunity, cyberspace, tort law, cyberspace torts, cyber-invasions of private information sources, cyber-invasions of public information sources, virus writers, copyright violators

30.

Law and Economics Versus Economic Analysis of Law

European Journal of Law and Economics, Forthcoming, Boston Univ. School of Law, Law and Economics Research Paper No. 17-40
Number of pages: 13 Posted: 18 Sep 2017 Last Revised: 05 Apr 2018
Keith N. Hylton
Boston University - School of Law
Downloads 274 (105,459)

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law and economics, economic analysis of law, legal positivism, positive economics, normative economics, transaction costs, norms, behavioral economics

31.

The Economic Theory of Nuisance Law and Implications for Environmental Regulation

Case Western Reserve Law Review, 2008, Boston Univ. School of Law Working Paper No. 08-13
Number of pages: 28 Posted: 24 Mar 2008 Last Revised: 15 May 2008
Keith N. Hylton
Boston University - School of Law
Downloads 272 (106,329)
Citation 2

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economic structure of nuisance law, nuisance law, environmental regulation, command and control rules, liability rules, public enforcement, private enforcement, decentralization inefficiencies, agency cost problems, cost-benefit balancing of the common law

32.

Weyerhaeuser, Predatory Bidding, and Error Costs

Antitrust Bulletin, 2008, Boston Univ. School of Law Working Paper No. 08-03
Number of pages: 20 Posted: 17 Jan 2008
Keith N. Hylton
Boston University - School of Law
Downloads 272 (106,329)
Citation 1

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Weyerhaeuser v. Ross-Simmons, predatory pricing standard, predatory bidding, Brooke Group

33.

A Unified Framework for Competition Policy and Innovation Policy

Boston Univ. School of Law, Law and Economics Research Paper No. 13-55
Number of pages: 18 Posted: 14 Dec 2013 Last Revised: 12 Jun 2014
Keith N. Hylton
Boston University - School of Law
Downloads 270 (107,175)

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competition policy, innovation policy, monopoly, antitrust enforcement, patent infringement, standard essential patent, FRAND, FTC v. Actavis

34.

A Framework for Reparations Claims

Boston College Third World Law Journal (Symposium issue), Vol. 23, pp. 31-44, 2004
Number of pages: 13 Posted: 01 Apr 2003
Keith N. Hylton
Boston University - School of Law
Downloads 261 (111,083)
Citation 1

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reparations, restitution, slavery, class action, causation, statute of limitations

35.

Unilateral Refusals to Deal and the Antitrust Modernization Commission Report

Antitrust Bulletin, Forthcoming, Boston University School of Law Working Paper No. 08-22
Number of pages: 15 Posted: 24 Jun 2008
Keith N. Hylton
Boston University - School of Law
Downloads 257 (112,902)

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The Antitrust Modernization Commission, essential facility, unilateral refusals to deal, monopolization

36.

Supreme Court Amicus Brief of Professors and Scholars in Law and Economics in Support of the Petitioners, Pacific Bell Telephone Co. v. Linkline Communications, Inc., No. 07-512 (Filed Sept. 4, 2008)

U.S. Supreme Court
Number of pages: 24 Posted: 11 Sep 2008 Last Revised: 23 May 2012
William J. Baumol, Robert H. Bork, Robert W. Crandall, George Daly, Harold Demsetz, Jeffrey A. Eisenach, Kenneth G. Elzinga, Richard A. Epstein, Gerald R. Faulhaber, Franklin M. Fisher, Charles John Goetz, Robert W. Hahn, Jerry A. Hausman, Keith N. Hylton, Thomas Jorde, Robert E. Litan, Paul W. MacAvoy, Sam Peltzman, J. Gregory Sidak, Pablo T. Spiller and Daniel F. Spulber
New York University - Stern School of Business, Berkley Center for Entrepreneurial Studies, Independent, Brookings Institution, Georgetown University - Robert Emmett McDonough School of Business, University of California, Los Angeles (UCLA) - Department of Economics, NERA Economic Consulting, University of Virginia - Department of Economics, New York University School of Law, University of Pennsylvania - Wharton School, Massachusetts Institute of Technology (MIT) - Department of Economics, University of Virginia - School of Law, University of Oxford, Smith School, Massachusetts Institute of Technology (MIT) - Department of Economics, Boston University - School of Law, University of California, Berkeley - School of Law, Council on Foreign Relations (CFR) - Council on Foreign Relations- Washington D.C., Yale School of Management (Deceased), University of Chicago, Booth School of Business, Criterion Economics, L.L.C., University of California, Berkeley - Business & Public Policy Group and Northwestern University - Kellogg School of Management
Downloads 247 (117,607)

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37.

Intel and the Death of U.S. Antitrust Law

The CPI Antitrust Journal, Vol. 2, February 2010, Boston Univ. School of Law Working Paper No. 10-06
Number of pages: 7 Posted: 21 Mar 2010
Keith N. Hylton
Boston University - School of Law
Downloads 246 (118,094)

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Intel, U.S. Antitrust Law, Federal Trade Commissions, Law on the Books v. Agency Process Law, Section 5 of the FTC Act

38.

The Economics of Nuisance Law

RESEARCH HANDBOOK ON THE ECONOMICS OF PROPERTY LAW, K. Ayotte & H. E. Smith, eds., Edward Elgar, 2009, Boston Univ. School of Law Working Paper No. 09-05
Number of pages: 23 Posted: 23 Jan 2009 Last Revised: 14 Jul 2010
Keith N. Hylton
Boston University - School of Law
Downloads 242 (120,053)

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Nuisance Law, transaction cost model, externality model, proximate cause doctrine, socially optimal activity levels

39.

Law and the Future of Organized Labor in America

Boston Univ. School of Law Working Paper No. 03-14
Number of pages: 18 Posted: 05 Aug 2003
Keith N. Hylton
Boston University - School of Law
Downloads 239 (121,563)

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union density, labor law, certification elections, labor public policy

40.

Optimal Antitrust Enforcement, Dynamic Competition, and Changing Economic Conditions

Boston Univ. School of Law Working Paper No. 10-15, Antitrust Law Journal , Vol. 77, No. 1, 2010
Number of pages: 30 Posted: 27 May 2010 Last Revised: 13 May 2014
Keith N. Hylton and Haizhen Lin
Boston University - School of Law and Indiana University - Kelley School of Business - Department of Business Economics & Public Policy
Downloads 234 (124,729)
Citation 2

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dynamic competition, static competition, optimal antitrust enforcement, optimal penalty

41.

Information, Litigation, and Common Law Evolution

Downloads 234 (124,157)
Citation 10

Information, Litigation, and Common Law Evolution

American Law and Economics Review, Vol. 8, No. 1, pp. 33-61, 2006, Boston Univ. School of Law Working Paper No. 05-07, USC CLEO Research Paper No. C05-9
Number of pages: 34 Posted: 25 Apr 2005
Keith N. Hylton
Boston University - School of Law
Downloads 234 (123,703)
Citation 10

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common law evolution, common law rules, theory of litigation, litigation, torts, litigation procedure, decisions biasing the legal standard, theory of efficient legal rules

Information, Litigation, and Common Law Evolution

American Law and Economics Review, Vol. 8, Issue 1, pp. 33-61, 2006
Posted: 29 Feb 2008
Keith N. Hylton
Boston University - School of Law

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42.

When Should a Case Be Dismissed? The Economics of Pleading and Summary Judgment Standards

Boston Univ. School of Law Working Paper No. 06-06
Number of pages: 37 Posted: 18 Apr 2006
Keith N. Hylton
Boston University - School of Law
Downloads 233 (124,729)
Citation 4

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economics of pleading, summary judgment standards, pleading, summary judgment, social costs of litigation

43.

Innovation and Optimal Punishment, with Antitrust Applications

Forthcoming Journal of Competition Law & Economics, Boston Univ. School of Law Working Paper No. 08-33
Number of pages: 41 Posted: 21 Nov 2008 Last Revised: 22 Feb 2015
Keith N. Hylton and Haizhen Lin
Boston University - School of Law and Indiana University - Kelley School of Business - Department of Business Economics & Public Policy
Downloads 231 (125,802)

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optimal law enforcement, optimal antitrust penalty, monopolization, innovation, internalization, strict liability, static penalty

44.

Welfare Implications of Costly Litigation Under Strict Liability

Downloads 229 (126,885)

Welfare Implications of Costly Litigation Under Strict Liability

Boston University School of Law Working Paper No. 99-13
Number of pages: 37 Posted: 29 Oct 1999
Keith N. Hylton
Boston University - School of Law
Downloads 229 (126,422)
Citation 9

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Welfare Implications of Costly Litigation Under Strict Liability

American Law and Economics Review, Vol. 4, No. 1, pp. 18-43, 2002
Posted: 29 Feb 2008
Keith N. Hylton
Boston University - School of Law

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Welfare Implications of Costly Litigation Under Strict Liability

American Law and Economics Review, Vol. 4, No. 1, pp. 18-43, 2002
Posted: 02 Oct 2001
Keith N. Hylton
Boston University - School of Law

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45.

Toward a Regulatory Framework for Third-Party Funding of Litigation

Boston Univ. School of Law, Law and Economics Research Paper No. 13-27
Number of pages: 17 Posted: 23 Jun 2013 Last Revised: 09 Jul 2013
Keith N. Hylton
Boston University - School of Law
Downloads 220 (131,946)

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third-party funding, sales of legal rights, waiver, subrogation, settlement, economics of legal rights

46.

Political Economy of Criminal Procedure

Boston Univ. School of Law Working Paper No. 08-16
Number of pages: 36 Posted: 17 Apr 2008
Keith N. Hylton and Vikramaditya S. Khanna
Boston University - School of Law and University of Michigan Law School
Downloads 214 (135,450)

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public choice, rent seeking, criminal procedure theory, reasonable doubt standard, double jeopardy, ex post facto clause, due process, error costs, selective enforcement, cruel and unusual punishment

47.

A Theory of Wealth and Punitive Damages

Widener Law Journal, Forthcoming, Boston Univ. School of Law Working Paper No. 08-09
Number of pages: 17 Posted: 10 Mar 2008
Keith N. Hylton
Boston University - School of Law
Downloads 209 (138,470)
Citation 3

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punitive damages, punitive award, defendant's wealth as a factor in determining the award, optimal deterrence

48.

The Economics of Class Actions and Class Action Waivers

Forthcoming, Sup. Ct. Econ. Rev., Boston Univ. School of Law, Law and Economics Research Paper No. 13-22
Number of pages: 35 Posted: 11 Jun 2013 Last Revised: 18 Mar 2015
Keith N. Hylton
Boston University - School of Law
Downloads 208 (139,115)

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class action, class action waivers, economics of class actions, economics of class action waivers

49.

Due Process and Punitive Damages: An Economic Approach

Boston Univ. School of Law Working Paper No. 07-26
Number of pages: 22 Posted: 10 Oct 2007 Last Revised: 23 Oct 2007
Keith N. Hylton
Boston University - School of Law
Downloads 208 (139,115)
Citation 1

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torts, law and economics, litigation, rent-seeking, due process clause, public choice, Philip Morris v. Williams, Lochner

50.

Biomedical Ethics and the Law: A Critical Perspective

Boston University School of Law Working Paper No. 07-02
Number of pages: 21 Posted: 29 Jan 2007
Keith N. Hylton
Boston University - School of Law
Downloads 207 (139,801)

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biomedical ethics, law and economics, property rights, freedom of contract, normative ethical theory, positive or descriptive ethical theory, essentialism, commerce in organs, spheres of autonomy

51.

Church and State: An Economic Analysis

Boston Univ. School of Law Working Paper No. 08-24
Number of pages: 49 Posted: 07 Jul 2008
Keith N. Hylton, Yulia Rodionova and Fei Deng
Boston University - School of Law, University College London - School of Slavonic and East European Studies and National Economic Research Associates (NERA)
Downloads 205 (141,064)
Citation 1

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regulation of religion, economics of religion, corruption, inequality

52.

The Economics of Injunctive and Reverse Settlements

Downloads 204 (141,704)
Citation 2

The Economics of Injunctive and Reverse Settlements

Boston Univ. School of Law Working Paper No. 09-10, Chicago-Kent Intellectual Property, Science & Technology Research Paper No. 10-021
Number of pages: 23 Posted: 19 Feb 2009 Last Revised: 28 Dec 2013
Keith N. Hylton and Sungjoon Cho
Boston University - School of Law and Chicago Kent College of Law
Downloads 204 (141,477)
Citation 2

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reverse settlements, injunctive settlements, economics of litigation and settlement, antidumping litigation, patent antitrust, patent infringement, nuisance settlements, private and social incentives to litigate

The Economics of Injunctive and Reverse Settlements

American Law and Economics Review, Vol. 12, Issue 1, pp. 181-203, 2010
Posted: 26 Apr 2010
Keith N. Hylton and Sungjoon Cho
Boston University - School of Law and Chicago Kent College of Law

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K10, K40, K41, D24, O34

53.

Whom Should We Punish, and How? Rational Incentives and Criminal Justice Reform

Boston Univ. School of Law, Law and Economics Research Paper No. 17-18, Wythe Lecture, William & Mary Law School, 2017
Number of pages: 40 Posted: 08 Jun 2017
Keith N. Hylton
Boston University - School of Law
Downloads 202 (143,062)

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deterrence theory, criminal punishment, criminal incentives, sentencing, economics of criminal law, criminal law reform, public choice, drug legalization, price fixing, criminal fine revenue

54.

Brown Shoe Versus the Horizontal Merger Guidelines

Review of Industrial Organization, 2011, Boston Univ. School of Law Working Paper No. 11-05
Number of pages: 13 Posted: 04 Feb 2011
Keith N. Hylton
Boston University - School of Law
Downloads 199 (145,763)

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horizontal merger guidelines, Clayton Act Section 7, Brown Shoe, market definition, market power, error cost analysis, relevant market, pricing power, industrial rationalization

55.

Reflections on Remedies and Philip Morris v. Williams

Boston Univ. School of Law Working Paper No. 07-06
Number of pages: 21 Posted: 06 Apr 2007
Keith N. Hylton
Boston University - School of Law
Downloads 195 (147,837)
Citation 1

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tort reform, remedies, punitive damages, Philip Morris, multiplier, class actions

56.

Law, Social Welfare, and Net Neutrality

Review of Industrial Organization, Forthcoming, Boston Univ. School of Law, Law and Economics Research Paper No. 16-08
Number of pages: 14 Posted: 24 Feb 2016 Last Revised: 27 May 2016
Keith N. Hylton
Boston University - School of Law
Downloads 193 (149,297)

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net neutrality, vertical integration, anticompetitive exclusion, telecommunications regulation, subsidy, fair use

57.

The Law and Economics of Agreements to Arbitrate Employment Claims

Boston University School of Law Research Paper No. 04
Number of pages: 40 Posted: 30 Aug 2000
Keith N. Hylton
Boston University - School of Law
Downloads 189 (152,186)
Citation 1

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58.

Oligopoly Pricing and Richard Posner

Forthcoming, Symposium on Posner's Antitrust Contributions, Antitrust Source, 2018, Boston Univ. School of Law, Law and Economics Research Paper No. 18-10
Number of pages: 14 Posted: 09 Apr 2018
Keith N. Hylton
Boston University - School of Law
Downloads 184 (155,910)

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price fixing, oligopoly pricing, tacit collusion, Twombly, plus factors, price leadership, focal point coordination, text messaging antitrust litigation

59.

The Economics of Third-Party Financed Litigation

Boston Univ. School of Law, Law and Economics Research Paper No. 11-57
Number of pages: 40 Posted: 13 Dec 2011
Keith N. Hylton
Boston University - School of Law
Downloads 182 (158,232)
Citation 1

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third-party financed litigation, barretry, torts, litigation and procedure, champerty, private incentive to litigation, social incentive to litigate, economics of litigation, maintenance, subrogation, patent trolls

60.

Economic Analysis of Criminal Procedure

Forthcoming in THE OXFORD HANDBOOK OF LAW AND ECONOMICS (F. Parisi, ed., 2015), Boston Univ. School of Law, Law and Economics Research Paper No. 14-48
Number of pages: 22 Posted: 09 Aug 2014 Last Revised: 12 Aug 2014
Keith N. Hylton
Boston University - School of Law
Downloads 176 (162,252)

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criminal law, criminal procedure, econmics of criminal law, optimal deterrence, complete deterrence, error cost model, public choice model

61.

The Economics of Public Nuisance Law and the New Enforcement Actions

Supreme Court Economic Review, Symposium on Public Nuisance, Forthcoming, Boston Univ. School of Law Working Paper No. 08-19
Number of pages: 31 Posted: 20 May 2008
Keith N. Hylton
Boston University - School of Law
Downloads 176 (162,252)

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public nuisance law, private nuisance law, strict liability, activity levels, external costs, external benefits, lead paint litigation, gun litigation

62.

American and European Monopolization Law: A Doctrinal and Empirical Comparison

REGULATING INNOVATION: COMPETITION POLICY AND PATENT LAW UNDER UNCERTAINTY, Cambridge University Press, 2010, Boston Univ. School of Law Working Paper No. 10-18
Number of pages: 35 Posted: 10 Jul 2010 Last Revised: 13 May 2014
Keith N. Hylton and Haizhen Lin
Boston University - School of Law and Indiana University - Kelley School of Business - Department of Business Economics & Public Policy
Downloads 170 (168,135)

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monopolization, Section 2, Article 82, empirical antitrust, international antitrust

63.

New Private Law Theory and Tort Law: A Comment

Harvard Law Review Forum, 2012, Boston Univ. School of Law, Public Law Research Paper No. 12-04
Number of pages: 14 Posted: 01 Feb 2012
Keith N. Hylton
Boston University - School of Law
Downloads 160 (176,248)

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Palsgraf, Cardozo, Holmes, duty, negligence, foreseeability, proximate cause, punitive damages, Philip Morris v. Williams

64.

Trial Selection Theory and Evidence: A Review

ENCYCLOPEDIA OF LAW AND ECONOMICS: PROCEDURAL LAW AND ECONOMICS, Chris Sanchirico, ed., Vol. X, Edward Elgar Publishing, Boston Univ. School of Law Working Paper No. 09-27
Number of pages: 28 Posted: 20 May 2009 Last Revised: 13 May 2014
Keith N. Hylton and Haizhen Lin
Boston University - School of Law and Indiana University - Kelley School of Business - Department of Business Economics & Public Policy
Downloads 158 (178,142)

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trial selection theory, trial outcome, plaintiff win rate, Priest-Klein model, Landes-Posner-Gould settlement model

65.

Patent Uncertainty: Toward A Framework with Applications

Boston University Law Review, 2016, Forthcoming, Boston Univ. School of Law, Law and Economics Research Paper No. 16-01
Number of pages: 25 Posted: 14 Jan 2016
Keith N. Hylton
Boston University - School of Law
Downloads 155 (181,004)

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intellectual property, patents and uncertainty, patent notice, software patent, patent scope, infringement litigation, abstract patents, Alice Corp., patent eligibility

66.

A Formalization and Extension of the Priest-Klein Hypothesis

Boston Univ. School of Law, Law and Economics Research Paper No. 11-28
Number of pages: 35 Posted: 15 Jun 2011 Last Revised: 13 May 2014
Keith N. Hylton and Haizhen Lin
Boston University - School of Law and Indiana University - Kelley School of Business - Department of Business Economics & Public Policy
Downloads 147 (190,206)
Citation 2

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Trial Selection Process, Priest-Klein Hypothesis

67.

Information and Causation in Tort Law: Generalizing the Learned Hand Test for Causation Cases

Boston Univ. School of Law, Law and Economics Research Paper No. 15-26, Forthcoming, Journal of Tort Law (causation symposium)
Number of pages: 27 Posted: 09 Jul 2015 Last Revised: 30 Oct 2015
Keith N. Hylton
Boston University - School of Law
Downloads 145 (191,303)

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causation, negligence, Learned Hand Formula, proximate cause, intervening casual factor, optimal care, economics of negligence

68.

Negligence, Causation, and Incentives for Care

Boston Univ. School of Law Working Paper No. 11-15
Number of pages: 28 Posted: 29 Mar 2011 Last Revised: 13 May 2014
Keith N. Hylton and Haizhen Lin
Boston University - School of Law and Indiana University - Kelley School of Business - Department of Business Economics & Public Policy
Downloads 135 (203,888)

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negligence, causation, proximate cause, factual causation, ex post negligence, optimal care

69.

Optimal Remedies for Patent Infringement

Boston Univ. School of Law, Law and Economics Research Paper No. 15-53
Number of pages: 36 Posted: 04 Dec 2015 Last Revised: 08 Mar 2016
Mengxi Zhang and Keith N. Hylton
Institute for Microeconomics, University of Bonn and Boston University - School of Law
Downloads 132 (206,298)

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Optimal Patent Damages, Patent Infringement, Optimal Injunction Scope

70.

Enhanced Damages for Patent Infringement: A Normative Approach

Review of Litigation, Forthcoming, Boston Univ. School of Law, Law and Economics Research Paper No. 16-31
Number of pages: 21 Posted: 18 Aug 2016
Keith N. Hylton
Boston University - School of Law
Downloads 126 (213,955)

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patent infringement, enhanced damages, optimal patent infringement damages, loss internalization, gain elimination, damages multiplier, Halo Electronics

71.

Asbestos and Mass Torts with Fraudulent Victims

Southwestern University Law Review, Forthcoming, Boston Univ. School of Law Working Paper No. 08-05
Number of pages: 19 Posted: 31 Jan 2008 Last Revised: 24 Mar 2008
Keith N. Hylton
Boston University - School of Law
Downloads 125 (215,273)

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asbestos litigation, deterrence goals, compensation goals, marginal and fraudulent claims, bundling of fraudulent claims

72.

Incentives to Take Care Under Contributory and Comparative Fault

Boston Univ. School of Law, Law and Economics Research Paper No. 15-04
Number of pages: 23 Posted: 15 Feb 2015 Last Revised: 10 May 2016
Benjamin Ogden and Keith N. Hylton
Texas A&M University, Department of Political Science and Boston University - School of Law
Downloads 122 (219,207)

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Fault Regimes, Negligence, Optimal Care, Contributory Negligence, Comparative Negligence, Hand Formula

73.

Development Lending and the Community Reinvestment Act

Boston Univ. School of Law Working Paper No. 06-07
Number of pages: 14 Posted: 19 Apr 2006
Keith N. Hylton
Boston University - School of Law
Downloads 120 (221,981)

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development lending, Community Reinvestment Act (CRA), law and economics of development lending

74.

Nuisance

Forthcoming in ENCYLOPEDIA OF LAW AND ECONOMICS, edited by Jürgen Backhaus, 2015, Boston Univ. School of Law, Law and Economics Research Paper No. 14-60
Number of pages: 17 Posted: 11 Oct 2014
Keith N. Hylton
Boston University - School of Law
Downloads 118 (224,735)

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torts, law and economics, nuisance, economic theory of nuisance, nuisance law, optimum activity levels, stict liability, externalized risks, externalized benefits, background risks

75.

Negligence and Two-Sided Causation

Forthcoming, European Journal of Law and Economics, Boston Univ. School of Law, Law and Economics Research Paper No. 13-50, Kelley School of Business Research Paper No. 15-30
Number of pages: 23 Posted: 29 Nov 2013 Last Revised: 06 Apr 2015
Keith N. Hylton, Haizhen Lin and Hyo-Youn Chu
Boston University - School of Law, Indiana University - Kelley School of Business - Department of Business Economics & Public Policy and College of International Studies, Kyung Hee University
Downloads 117 (226,195)

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negligence, causation, proximate cause, intervening causal factor, optimal care

76.

Tort Duties of Landowners: A Positive Theory

Boston Univ. School of Law Working Paper No. 09-12
Number of pages: 21 Posted: 07 Mar 2009 Last Revised: 07 Apr 2009
Keith N. Hylton
Boston University - School of Law
Downloads 111 (234,981)
Citation 1

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torts, duty of landowners toward people who visit their land, invitees, licensees, trespassers, regulatory functions of landowner duties

77.

Some Notes on Property Rules, Liability Rules, and Criminal Law

RESEARCH HANDBOOK ON THE ECONOMICS OF CRIMINAL LAW, A. Harel, K. Hylton, eds., Edward Elgar, 2011, Boston University School of Law, Law and Economics Research Paper Series, No. 10-21
Number of pages: 35 Posted: 27 Jul 2010 Last Revised: 09 Jul 2011
Keith N. Hylton
Boston University - School of Law
Downloads 105 (246,031)

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property rules, liability rules, criminal law, transaction costs, bounded rationality, predation, defensive conduct

78.

Property Rules and Defensive Conduct in Tort Law Theory

Journal of Tort Law, 2011, Boston University School of Law Working Paper No. 11-09
Number of pages: 30 Posted: 26 Feb 2011
Keith N. Hylton
Boston University - School of Law
Downloads 98 (257,956)
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Property Rules, Liability Rules, Defensive Conduct, Necessity, Reasonable Conduct, Tort Defenses, Transaction Costs, Eminent Domain, Trespass, Negligence, Takings

79.

Deterrence and Aggregate Litigation

Boston Univ. School of Law, Law and Economics Research Paper No. 17-45
Number of pages: 30 Posted: 27 Oct 2017 Last Revised: 09 Jan 2019
Keith N. Hylton
Boston University - School of Law
Downloads 95 (261,453)

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class action, aggregate litigation, positive value claims, negative value claims, deterrence, legal compliance, litigation, joinder, limited fund, monitoring class actions, opting out

80.

An Economic Perspective on Preemption

Boston Univ. School of Law Working Paper No. 11-03
Number of pages: 24 Posted: 25 Jan 2011 Last Revised: 30 Jun 2011
Keith N. Hylton
Boston University - School of Law
Downloads 92 (268,757)

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preemption, products liability, risk-utility analysis, error cost analysis, optimal regime choice, legislative intent

81.

Trial Selection Theory: A Unified Model

Boston Univ. School of Law Working Paper No. 10-12
Number of pages: 18 Posted: 17 May 2010 Last Revised: 13 May 2014
Keith N. Hylton and Haizhen Lin
Boston University - School of Law and Indiana University - Kelley School of Business - Department of Business Economics & Public Policy
Downloads 90 (272,553)
Citation 1

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Trial selection process, Priest-Klein hypothesis, plaintiff win rate

82.

The Economics of the Restatement and of the Common Law

Boston Univ. School of Law, Law and Economics Research Paper No. 13-34, Boston Univ. School of Law, Public Law Research Paper No. 13-34
Number of pages: 21 Posted: 19 Aug 2013
Keith N. Hylton
Boston University - School of Law
Downloads 88 (274,479)

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common law process, Restatement, rule of reason, common law efficiency, utilitarianism and common law, duty and negligence, strict liability, mutual combat

83.

Deterrence and Antitrust Punishment: Firms versus Agents

Boston Univ. School of Law, Law and Economics Research Paper No. 14-73
Number of pages: 14 Posted: 04 Dec 2014 Last Revised: 16 Dec 2014
Keith N. Hylton
Boston University - School of Law
Downloads 86 (278,338)

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debarment, price fixing, antitrust penalties, optimal deterrence, compensation policy, antitrust enforcement

84.

Injunctive and Reverse Settlements in Competition-Blocking Litigation

Boston University School of Law Working Paper No. 09-47
Number of pages: 32 Posted: 17 Oct 2009 Last Revised: 16 Aug 2012
Keith N. Hylton and Sungjoon Cho
Boston University - School of Law and Chicago Kent College of Law
Downloads 80 (290,825)
Citation 1

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standard settlements, injunctive settlements, reverse settlements, competitition-blocking litigation, patent infringement, antidumping

85.

Information Costs and the Civil Justice System

Boston Univ. School of Law, Law and Economics Research Paper No. 18-17
Number of pages: 53 Posted: 31 Jul 2018 Last Revised: 08 Aug 2018
Keith N. Hylton
Boston University - School of Law
Downloads 70 (313,981)

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optimal deterrence, efficiency of law, trial win rates, trial selection, legal evolution, litigation costs, legal compliance, judicial error, incentive to appeal

86.

Comment on 'Error and Regulatory Risk in Financial Institution Regulation'

Boston Univ. School of Law, Law and Economics Research Paper No. 18-29
Number of pages: 7 Posted: 03 Jan 2019 Last Revised: 10 Jan 2019
Keith N. Hylton
Boston University - School of Law
Downloads 12 (542,076)

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87.

The Economics of Necessity

Journal of Legal Studies, Vol. 41, 2012, Boston Univ. School of Law Working Paper No. 10-23
Posted: 31 Aug 2010 Last Revised: 21 Jun 2012
Keith N. Hylton
Boston University - School of Law

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necessity doctrine, public necessity doctrine, defense of property, recapture of property, self-help in contracts

88.

A Note on Trend-Spotting in the Case Law

Boston College Law Review, Vol. 40, Pp. 891-896, July 1999
Posted: 31 Jul 2000
Keith N. Hylton
Boston University - School of Law

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89.

Agreements to Waive or to Arbitrate Legal Claims: An Economic Analysis

Supreme Court Economic Review
Posted: 21 Mar 2000
Keith N. Hylton
Boston University - School of Law

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90.

Banks and Inner Cities: Market and Regulatory Obstacles to Development Lending

Yale Journal on Regulation
Posted: 11 Feb 2000
Keith N. Hylton
Boston University - School of Law

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91.

Punitive Damages and the Economic Theory of Penalties

Georgetown Law Journal, Vol. 87, No. 2, November 1998
Posted: 02 Aug 1999
Keith N. Hylton
Boston University - School of Law

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92.

The Community Reinvestment Act: Questionable Premises and Perverse Incentives

Annual Review of Banking Law, Vol. 18, 1999
Posted: 16 Apr 1999
Keith N. Hylton and Vincent D. Rougeau
Boston University - School of Law and Notre Dame Law School

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93.

Rule 68, the Modified British Rule, and Civil Litigation Reform

Posted: 09 Jul 1998
Keith N. Hylton
Boston University - School of Law

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