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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    • Tel: 617-353-8959
    • Fax: 617-353-3077
SCHOLARLY PAPERS

105

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Scholarly Papers (105)

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1.

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

Downloads 1,431 (22,839)

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

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 1,431 (22,423)
Citation 6

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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

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

Number of pages: 20 Posted: 18 May 2004
Keith N. Hylton
Boston University - School of Law
Downloads 1,116 (32,846)
Citation 7

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

3.

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
Berkeley Research Group and Boston University - School of Law
Downloads 1,057 (35,423)
Citation 6

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Antitust law, monopoly power, competition

4.

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 1,055 (35,611)
Citation 3

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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

5.

Preserving Competition: Economic Analysis, Legal Standards and Microsoft

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 844 (48,529)
Citation 6

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6.

The Theory of Penalties and the Economics of Criminal Law

Downloads 808 (51,507)

The Theory of Penalties and the Economics of Criminal Law

Number of pages: 46 Posted: 05 Nov 2002
Keith N. Hylton
Boston University - School of Law
Downloads 808 (50,790)
Citation 4

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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?

Number of pages: 18 Posted: 26 Sep 2001
Keith N. Hylton
Boston University - School of Law
Downloads 807 (51,582)
Citation 8

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8.

Antitrust Intent

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 738 (58,153)
Citation 3

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9.

Digital Platforms and Antitrust Law

Boston Univ. School of Law, Law and Economics Research Paper No. No. 19-8, May 2019
Number of pages: 21 Posted: 03 May 2019 Last Revised: 16 May 2019
Keith N. Hylton
Boston University - School of Law
Downloads 699 (62,505)
Citation 7

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digital platform competition, big data and antitrust, kill zone competition, data and competition, Ohio v. Amex, two sided markets, data monopolies, network effects and competition, property in data

10.

Tying Law and Policy: A Decision Theoretic Approach

Downloads 682 (64,533)

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 682 (63,638)

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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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11.

The Theory of Tort Doctrine and the Restatement of Torts

Downloads 674 (65,542)
Citation 1

The Theory of Tort Doctrine and the Restatement of Torts

Number of pages: 22 Posted: 25 Sep 2000
Keith N. Hylton
Boston University - School of Law
Downloads 444 (108,437)
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The Theory of Tort Doctrine and the Restatement of Torts

Number of pages: 22 Posted: 04 Feb 2001
Keith N. Hylton
Boston University - School of Law
Downloads 230 (220,101)
Citation 2

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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 615 (73,582)
Citation 2

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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.

Property Rules and Liability Rules, Once Again

Downloads 606 (74,923)
Citation 4

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 606 (74,023)
Citation 4

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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

14.

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 572 (80,514)

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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

15.

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 568 (81,218)
Citation 9

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16.

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 484 (98,970)

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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

17.

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 481 (99,749)

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

18.

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 471 (102,218)

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

19.

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, The Pennsylvania State University (University Park) – Penn State Law, University of Pennsylvania Carey 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, USC Gould School of Law and Emory University School of Law
Downloads 465 (103,800)

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NCAA, antitrust, rule of reason, sports

20.

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 434 (112,531)

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

21.

Slavery and Tort Law

Number of pages: 60 Posted: 07 Oct 2004
Keith N. Hylton
Boston University - School of Law
Downloads 417 (117,980)
Citation 3

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Reparations lawsuits, restitution, torts, derivative claims, slavery

22.

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 405 (121,974)
Citation 1

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

23.

An Asymmetric Information Model of Litigation

Downloads 399 (124,084)

An Asymmetric Information Model of Litigation

Number of pages: 42 Posted: 25 Aug 2000
Keith N. Hylton
Boston University - School of Law
Downloads 399 (122,952)
Citation 2

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An Asymmetric Information Model of Litigation

Posted: 02 Oct 2001
Keith N. Hylton
Boston University - School of Law

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24.

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 392 (126,638)
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

25.

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 384 (129,649)

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

26.

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 376 (132,753)
Citation 5

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

27.

Arbitration: Governance Benefits and Enforcement Costs

Number of pages: 12 Posted: 22 Sep 2004
Keith N. Hylton
Boston University - School of Law
Downloads 359 (139,767)
Citation 1

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

28.

Economic Theory of Criminal Law

Oxford Research Encyclopedia of Economics and Finance, Oxford University Press, Forthcoming, Boston Univ. School of Law, Law and Economics Research Paper No. 19-9, May 2019
Number of pages: 21 Posted: 06 May 2019
Keith N. Hylton
Boston University - School of Law
Downloads 356 (141,077)
Citation 1

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substantive criminal law, economics of criminal law, economic theory of criminal law, criminal intent, optimal deterrence, classical deterrence, complete deterrence, internalization of harm, error cost model, public choice theory of criminal law, necessity doctrine

29.

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 342 (147,315)
Citation 3

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

30.

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 328 (153,942)

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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

31.

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 328 (153,942)
Citation 4

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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

32.

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 326 (155,030)
Citation 1

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

33.

Should Tort Damages Be Multiplied?

Downloads 315 (160,788)
Citation 5

Should Tort Damages Be Multiplied?

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 315 (159,755)
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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34.

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 301 (168,674)

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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

35.

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 299 (169,833)
Citation 2

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

36.

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 299 (169,833)

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

37.

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 - 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, Deceased, University of Virginia School of Law, Technology Policy Institute, 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, Inc., University of California, Berkeley - Business & Public Policy Group and Northwestern University - Kellogg School of Management
Downloads 297 (171,021)

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38.

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 283 (179,880)

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

39.

A Framework for Reparations Claims

Number of pages: 13 Posted: 01 Apr 2003
Keith N. Hylton
Boston University - School of Law
Downloads 280 (181,831)

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

40.

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 279 (182,511)

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

41.

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 264 (192,947)

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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

42.

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 262 (194,454)
Citation 1

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

43.

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 261 (195,209)
Citation 2

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

44.

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 258 (197,402)
Citation 1

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

45.

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 256 (198,954)

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

46.

Law and the Future of Organized Labor in America

Number of pages: 18 Posted: 05 Aug 2003
Keith N. Hylton
Boston University - School of Law
Downloads 254 (200,490)
Citation 1

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

47.

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 253 (201,251)

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

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 249 (204,459)
Citation 1

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

49.

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 247 (206,016)
Citation 6

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

50.

Information, Litigation, and Common Law Evolution

Downloads 246 (206,855)
Citation 6

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 246 (206,060)
Citation 6

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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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51.

Welfare Implications of Costly Litigation Under Strict Liability

Downloads 245 (207,650)

Welfare Implications of Costly Litigation Under Strict Liability

Number of pages: 37 Posted: 29 Oct 1999
Keith N. Hylton
Boston University - School of Law
Downloads 245 (206,840)
Citation 3

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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

Posted: 02 Oct 2001
Keith N. Hylton
Boston University - School of Law

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52.

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 244 (208,455)

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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

53.

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 241 (210,977)

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regulation of religion, economics of religion, corruption, inequality

54.

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 240 (211,854)
Citation 8

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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

55.

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 230 (220,822)
Citation 1

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

56.

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 229 (221,758)
Citation 2

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

57.

The Economics of Injunctive and Reverse Settlements

Downloads 228 (222,709)
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 228 (221,981)
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

58.

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 226 (224,613)

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

59.

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 221 (229,385)

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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

60.

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 216 (234,332)
Citation 1

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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

61.

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 209 (241,541)

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

62.

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 207 (243,666)
Citation 1

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

63.

The Law and Economics of Agreements to Arbitrate Employment Claims

Number of pages: 40 Posted: 30 Aug 2000
Keith N. Hylton
Boston University - School of Law
Downloads 204 (246,890)

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64.

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 199 (252,730)

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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

65.

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 197 (254,970)

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

66.

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 192 (260,934)

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

67.

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 186 (268,544)

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

68.

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 185 (269,819)
Citation 1

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

69.

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 178 (279,021)
Citation 2

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

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 177 (280,394)

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

71.

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 176 (281,810)
Citation 4

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Trial Selection Process, Priest-Klein Hypothesis

72.

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 175 (283,195)

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Optimal Patent Damages, Patent Infringement, Optimal Injunction Scope

73.

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 160 (305,529)

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

74.

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 159 (307,166)

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

75.

Deterrence and Aggregate Litigation

Boston Univ. School of Law, Law and Economics Research Paper No. 17-45
Number of pages: 31 Posted: 27 Oct 2017 Last Revised: 18 Jul 2019
Keith N. Hylton
Boston University - School of Law
Downloads 148 (326,068)

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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

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 138 (344,652)

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

77.

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 138 (344,652)

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

78.

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 134 (352,635)
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negligence, causation, proximate cause, intervening causal factor, optimal care

79.

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 129 (362,865)
Citation 1

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

80.

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 123 (376,033)
Citation 1

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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

81.

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 119 (385,306)

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

82.

Error Costs, Ratio Tests, and Patent Antitrust Law

Boston Univ. School of Law, Law and Economics Research Paper No. 19-5
Number of pages: 31 Posted: 04 Apr 2019
Keith N. Hylton and Wendy (Xun) Xu
Boston University - School of Law and Hong Kong University of Science and Technology
Downloads 118 (387,685)

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Patent Antitrust, Patent Monopoly, False Positives, False Convictions, False Negatives, False Acquittals, Error Costs, Ratio Tests

83.

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 114 (397,404)
Citation 1

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

84.

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 110 (407,902)
Citation 1

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Property Rules, Liability Rules, Defensive Conduct, Necessity, Reasonable Conduct, Tort Defenses, Transaction Costs, Eminent Domain, Trespass, Negligence, Takings

85.

Selling and Abandoning Legal Rights

Boston Univ. School of Law Research Paper No. 22-6
Number of pages: 28 Posted: 31 Mar 2022
Keith N. Hylton
Boston University - School of Law
Downloads 108 (413,204)

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legal rights, legal burdens, waiver, discrimination, lawyer conflicts of interest, optimal precaution, optimal enforcement of rights, strength of legal rights, abandonment of rights, damages multiplier

86.

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 108 (413,204)
Citation 2

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

87.

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 103 (427,343)
Citation 4

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

88.

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 102 (430,310)

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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

89.

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 95 (451,217)

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

90.

Waivers

Boston Univ. School of Law Research Paper No. 22-26
Number of pages: 44 Posted: 21 Sep 2022
Keith N. Hylton
Boston University - School of Law
Downloads 82 (497,947)

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waiver, standard form contract, exculpatory clause, precautionary productivity, adhesion contract, public policy doctrine, inherent risk

91.

Tort Theory and the Restatement, in Retrospect

Boston Univ. School of Law Research Paper No. 23-16
Number of pages: 27 Posted: 29 Mar 2023 Last Revised: 14 Apr 2023
Keith N. Hylton
Boston University - School of Law
Downloads 50 (636,721)

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common law, Restatement, negligence, positive tort theory, economics of torts

92.

Originalism, Official History, and Perspectives versus Methodologies

Boston Univ. School of Law Research Paper No. 23-34
Number of pages: 35 Posted: 14 Sep 2023
Keith N. Hylton
Boston University - School of Law
Downloads 47 (671,227)

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originalism, official history, Dred Scott, original intent

93.

A Patent and a Prize

Boston Univ. School of Law Research Paper No. 23-7
Number of pages: 27 Posted: 10 Feb 2023
Keith N. Hylton
Boston University - School of Law
Downloads 37 (716,414)

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patents, patent prizes, innovation, monopoly, public choice

94.

A Comment On Markovits's Welfare Economics and Antitrust

Boston Univ. School of Law Research Paper No. 23-4
Number of pages: 8 Posted: 26 Jan 2023
Keith N. Hylton
Boston University - School of Law
Downloads 37 (716,414)

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competition, consumer welfare, moral theory, antitrust

95.

Mutual Optimism and Risk Preferences in Litigation

Number of pages: 26 Posted: 20 Aug 2022
Keith N. Hylton
Boston University - School of Law
Downloads 33 (744,670)

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prospect theory, mutual optimism, risk aversion, economics of litigation, settlement, Arrow-Pratt risk measure, risk-neutralizing probability measure

96.

Utility, Copyright, and Fair Use after Warhol

Boston Univ. School of Law Research Paper No. 23-30
Number of pages: 57 Posted: 19 Sep 2023
Keith N. Hylton
Boston University - School of Law
Downloads 30 (775,109)

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fair use, copyright, complements, substitutes, transformative, remedies

97.

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 29 (775,109)

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98.

Two Approaches to Equality, with Implications for Grutter

Boston Univ. School of Law Research Paper No. 22-39
Number of pages: 17 Posted: 07 Nov 2022
Keith N. Hylton
Boston University - School of Law
Downloads 20 (850,838)

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discrimination, inequality, constitutional law

99.

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

100.

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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101.

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

Posted: 21 Mar 2000
Keith N. Hylton
Boston University - School of Law

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102.

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

Posted: 11 Feb 2000
Keith N. Hylton
Boston University - School of Law

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103.

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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104.

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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105.

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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