Publications Books
Journal Articles, Book Chapters, and Encyclopedia Entries
Working papers
Books

Competition Policy and Price Fixing. (Princeton University Press, 2013). [Amazon (purchase)]

Analytical Methods for Lawyers. (with Howell Jackson, Steven Shavell, W. Kip Viscusi, & David Cope) (2nd ed.; Foundation Press, 2011). [Amazon (purchase)]

The Theory of Taxation and Public Economics (Princeton University Press, 2008; paperback, 2011) [Amazon (purchase)]

Antitrust Analysis. (with Phillip Areeda & Aaron Edlin) (6th ed.; Aspen Publishers, 2004). [Amazon (purchase)]

      Previous editions of and supplements to Antitrust Analysis:
Antitrust Analysis, 5th Edition
Antitrust Analysis, 4th Edition
Antitrust Analysis Supplements, 1991, 1992, 1994, 2000, 2010

Analytical Methods for Lawyers. (with Howell Jackson, Steven Shavell, W. Kip Viscusi, & David Cope) (Foundation Press, 2003). [Amazon (purchase)]

      Reprinted from Analytical Methods for Lawyers:
Decision Analysis, Game Theory, and Information. [Amazon (purchase)]
Contracting. [Amazon (purchase)]
Microeconomics. [Amazon (purchase)]

Fairness Versus Welfare. (with Steven Shavell) (Harvard University Press, 2002; Chinese translation, Law Press China, 2007). [Amazon (purchase)]

Journal Articles, Book Chapters, and Encyclopedia Entries

On the Optimal Burden of Proof, Journal of Political Economy (forthcoming 2012). [Olin Center WP]

Optimal Control of Externalities in the Presence of an Income Tax, International Economic Review (forthcoming 2012). [Olin Center WP]

Direct versus Communications-Based Prohibitions on Price Fixing, Journal of Legal Analysis, vol. 3, 449-538 (2011) . [WWW]

Burden of Proof, Yale Law Journal, vol 121, 738-859 (2012). [WWW]

On the Choice of Welfare Standards in Competition Law, in Goals of Competition Law (Zimmer, ed., Edward Elgar, forthcoming 2012). [Olin Center WP]

An Optimal Tax System, Fiscal Studies, vol. 32. 415-435 (2011). [Olin Center WP]

Market Definition and the Merger Guidelines, Review of Industrial Organization, vol. 39, 107-125 (2011). [Olin Center WP]

On the Meaning of Horizontal Agreements in Competition Law, California Law Review, vol. 99, 683-818 (2011). [WWW]

Market Share Thresholds: On the Conflation of Empirical Assessments and Legal Policy Judgments, Journal of Competition Law & Economics, vol. 7, 243–276 (2011). [Olin Center WP]

An Economic Approach to Price Fixing, Antitrust Law Journal, vol. 77, 343-449 (2011). [Antitrust Law Journal]

Discount Rates, Social Judgments, Individuals' Risk Preferences, and Uncertainty (with David Weisbach), Journal of Risk and Uncertainty, vol. 42, 125-142 (2011).

Targeted Savings and Labor Supply, International Tax and Public Finance. (forthcoming 2011) [Olin Center WP]

Utility from Accumulation, National Tax Association Proceedings, 102nd Annual Conference 2009, 189-194 (2011). [Olin Center WP]

Optimal Proof Burdens, Deterrence, and the Chilling of Desirable Behavior, American Economic Review: Papers and Proceedings, vol. 101, 277-280 (2011).

Taxes, Permits, and Climate Change, in U.S. Energy Tax Policy (Metcalf, ed., Cambridge University Press, 2011), 168-192. [Olin Center WP]

Why (Ever) Define Markets?, Harvard Law Review, vol. 124, 437-517 (2010). [Harvard Law Review]

Taxing Leisure Complements, Economic Inquiry, vol. 48, 1065-1071 (2010). [NBER] [Olin Center WP]

Concavity of Utility, Concavity of Welfare, and Redistribution of Income, International Tax and Public Finance, vol. 17, 25-42 (2010). [NBER] [Olin Center WP]

The Social Evaluation of Intergenerational Policies and Its Application to Integrated Assessment Models of Climate Change (with Elisabeth Moyers & David Weisbach), B.E. Journal of Economics Analysis & Policy, vol. 10, issue 2, art. 7, 1-32 (2010). [BE Press ]

On the Taxation of Private Transfers, Tax Law Review, vol. 63, 159-187 (2009). [Olin Center WP]

Optimal Policy with Heterogeneous Preferences. 8 B.E. Journal of Economic Analysis and Policy: Advances, Issue 1, Article 40, 1-28. (2008) [NBER] [Olin Center WP]

Capital Levies and Transition to a Consumption Tax, in Institutional Foundations of Public Finance: Economic and Legal Perspectives (Auerbach & Shapiro, eds., Harvard University Press, 2008). [NBER] [Olin Center WP]

Optimal Taxation, in The New Palgrave Dictionary of Economics, 2nd Edition (Durlauf & Blume, eds., Macmillan, 2008). [Olin Center WP]

Income Taxation and Optimal Government Policy, in The New Palgrave Dictionary of Economics, 2nd Edition (Durlauf & Blume, eds., Macmillan, 2008). [Olin Center WP]

Pareto Principle and Competing Principles, in The New Palgrave Dictionary of Economics, 2nd Edition (Durlauf & Blume, eds., Macmillan, 2008). [Olin Center WP]

Antitrust, in Handbook of Law and Economics (Polinsky & Shavell, eds.; Elsevier, 2007), vol 2, pp. 1072-1225. (With Carl Shapiro) [NBER] [Olin Center WP]

Taxation, in Handbook of Law and Economics. (Polinsky & Shavell, eds., Elsevier, 2007) [NBER] [Olin Center WP]

Moral Rules, the Moral Sentiments, and Behavior: Toward a Theory of an Optimal Moral System (with Steven Shavell) Journal of Political Economy, vol. 115, 494-514 (2007). [NBER]

Primary Goods, Capabilities, or ...Well-Being? Philosophical Review, vol. 116, 603-632 (2007). [Olin Center WP]

Optimal Income Transfers, International Tax and Public Finance, vol. 14, 295-325 (2007). [NBER WP] [Olin Center WP]

Taxation and Redistribution: Some Clarifications, Tax Law Review, vol. 60, 57-81 (2007). [Olin Center WP]

Discounting Dollars, Discounting Lives: Intergenerational Distributive Justice and Efficiency, University of Chicago Law Review, vol. 74, 79-118 (2007). [WWW] [NBER WP] [Olin Center WP]

On the Undesirability of Commodity Taxation Even When Income Taxation Is Not Optimal, Journal of Public Economics, vol. 90, 1235-1250 (2006). [NBER WP] [Olin Center WP]

Public Goods and the Distribution of Income, European Economic Review, vol. 50, 1627-1660 (2006). [NBER WP] [Olin Center WP]

Choosing Expensive Tastes, Canadian Journal of Philosophy, vol. 26, 415-425 (2007). [Olin Center WP]

The Value of a Statistical Life and the Coefficient of Relative Risk Aversion, Journal of Risk and Uncertainty, vol. 31, 23-34 (2005). [NBER WP] [Olin Center WP]

Why Measure Inequality?, Journal of Economic Inequality, vol. 3, 65-79 (2005). [NBER WP] [Olin Center WP]

Evaluating Public Goods and Regulations: Response, Journal of Economic Perspectives, vol. 19, no. 4, 233-234. (2005).

Families, Tax Treatment of, in Encyclopedia of Taxation and Tax Policy, 2nd Edition. Urban Institute Press. (2005)

On the (Ir)Relevance of Distribution and Labor Supply Distortion to Government Policy, Journal of Economic Perspectives, vol. 18, no. 4, 159-175 (2004). [NBER WP] [Olin Center WP]

Notes on Welfarist versus Deontological Principles (reply) (with Steven Shavell), Economics and Philosophy, vol. 20, 209-215 (2004). [WWW] [Olin Center WP]

Any Non-welfarist Method of Policy Assessment Violates the Pareto Principle: Reply (with Steven Shavell), Journal of Political Economy, vol. 112, 249-251 (2004). [WWW] [Olin Center WP]

Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice (with Steven Shavell), Journal of Legal Studies, vol. 32, 331-362 (2003). [WWW] [NBER WP] [Olin Center WP]

Transition Policy: A Conceptual Framework, Journal of Contemporary Legal Issues, vol. 13, 161-209 (2003).[NBER WP] [Olin Center WP]

Economic Analysis of Law (with Steven Shavell), in Handbook of Public Economics (Auerbach & Feldstein, eds.; Elsevier, 2002), vol. 3, pp. 1661-1784. [NBER] [Olin Center WP]

On the Superiority of Corrective Taxes to Quantity Regulation (with Steven Shavell), American Law and Economics Review, vol. 4, 1-17 (2002). [WWW] [NBER WP] [Olin Center WP]

Horizontal Equity: New Measures, Unclear Principles (Commentary), in Inequality and Tax Policy. (Hassett & Hubbard, eds., American Enterprise Institute, 2001), pp. 75-97. [NBER] [Olin Center WP]

Any Non-Welfarist Method of Policy Assessment Violates the Pareto Principle, (with Steven Shavell), Journal of Political Economy, vol. 109, 281-86 (2001). [WWW] [NBER WP - Any Non-Individualistic Social Welfare Function Violates the Pareto Principle ] [Olin Center WP - Any Non-Individualistic Social Welfare Function Violates the Pareto Principle]

Fairness versus Welfare (with Steven Shavell), Harvard Law Review, vol. 114, 961-1388 (2001). [Olin Center WP - Principles of Fairness versus Human Welfare: On the Evaluation of Legal Policy]

A Framework for Assessing Estate and Gift Taxation, in Rethinking Estate and Gift Taxation. (Gale, Hines & Slemrod, eds.; Brookings Institution, 2001), pp. 164-215. [NBER] [Olin Center WP]

Notions of Fairness Versus the Pareto Principle: On the Role of Logical Consistency (with Steven Shavell), Yale Law Journal, vol. 110, 237-49 (2000). [WWW] [Olin Center WP]

General Characteristics of Rules, in Encyclopedia of Law and Economics, vol. V, pp. 502-28 (Bouckaert & DeGeest, eds.; Edward Elgar, 2000). [WWW]

Should Legal Rules Favor the Poor? Clarifying the Role of Legal Rules and the Income Tax in Redistributing Income (with Steven Shavell), Journal of Legal Studies, vol. 29, 821-35 (2000). [WWW] [Olin Center WP]

Families, Tax Treatment of, in Encyclopedia of Taxation and Tax Policy, pp. 120-22 (Urban Institute Press, 1999).

The Conflict between Notions of Fairness and the Pareto Principle (with Steven Shavell), American Law and Economic Review, vol. 1, 63-79 (1999). [WWW] [Olin Center WP]

Accuracy, Complexity, and the Income Tax, Journal of Law, Economics, and Organization, vol. vol. 14, 61-83 (1998). [NBER WP]

A Note on the Optimal Supply of Public Goods and the Distortionary Cost of Taxation, National Tax Journal, vol. 51, 117-25 (1998). [Olin Center WP]

Tax Policy and Gifts, American Economic Association Papers and Proceedings, vol. 88, 283-88 (1998) [NBER WP - Transfer Motives and Tax Policy ] [Olin Center WP - Transfer Motives and Tax Policy]

Tax and Non-Tax Distortions, Journal of Public Economics, vol. 68, 303-06 (1998).

Accuracy in Adjudication, in The New Palgrave Dictionary of Economics and the Law (Newman, ed.; Macmillan, 1998), pp. 1-7.

Comment on Antitrust Issues in the Licensing of Intellectual Property. Brookings Papers on Economic Activity: Microeconomics, pp. 337-344 (1997). [Olin Center WP - A Note on Antitrust Issues in the Licensing of Intellectual Property]

Concentration in the Israeli Economy and Bank Investment in Nonfinancial Companies (with Lucian Bebchuk and Jesse Fried), The Economic Quarterly, vol. 42, 643-70 (1996) (in Hebrew). John M. Olin Center for Law, Economics, and Business (Harvard Law School) Discussion Paper No. 209 (January 1997) (in English).

Regional Cost-of-Living Adjustments in Tax-Transfer Schemes, Tax Law Review, vol. 51, 175-198 (1996). [NBER WP]

The Optimal Supply of Public Goods and the Distortionary Cost of Taxation, National Tax Journal, vol. 49, 513-533 (1996).

On the Divergence Between "Ideal" and Conventional Income Tax Treatment of Human Capital, American Economic Association Papers and Proceedings, vol. 86, 347-352 (1996).

Fiscal Federalism and the Deductibility of State and Local Taxes in a Federal Income Tax, Virginia Law Review, vol. 82, 413-492 (1996).

Accuracy in the Assessment of Damages (with Steven Shavell), Journal of Law and Economics, vol. 39, 191-210 (1996). [NBER WP]

Optimal Distribution and the Family, Scandinavian Journal of Economics, vol. 98, 75-92 (1996). [NBER WP - Optimal Distribution and Taxation of the Family ]

Property Rules versus Liability Rules: An Economic Analysis (with Steven Shavell), Harvard Law Review, vol. 109, 713-790 (1996).

How Tax Complexity and Enforcement Affect the Equity and Efficiency of the Income Tax, National Tax Journal, vol. 48, 135-150 (1996). Reprinted in Tax Policy in the Real World (Slemrod, ed.; Cambridge University Press, 1999). [NBER WP]

A Fundamental Objection to Tax Equity Norms: A Call for Utilitarianism, National Tax Journal, vol. 48, 497-514 (1995). [NBER WP]

The Income Tax versus the Consumption Tax and the Tax Treatment of Human Capital, Tax Law Review, vol. 51, 35-46 (1995).

Do Liability Rules Facilitate Bargaining? A Reply to Ayres and Talley (with Steven Shavell), Yale Law Journal, vol. 105, 221-233 (1995).

A Note on Subsidizing Gifts, Journal of Public Economics, vol. 58, 469-477 (1995). [NBER WP]

Recovery of Pre-Enactment Basis under a Consumption Tax: The USA Tax System, Tax Notes, vol. 68, 1109-1118 (1995).

A Model of the Optimal Complexity of Legal Rules, Journal of Law, Economics, and Organization, vol. 11, 150-163 (1995). [NBER WP - A Model of the Optimal Complexity of Rules ]

The Standard Deduction and Floors in the Income Tax, Tax Law Review, vol. 50, 1-31 (1994).

A Note on Taxation as Social Insurance for Uncertain Labor Income, Public Finance, vol. 49, 244-256 (1994). [NBER WP]

Optimal Insurance Contracts When Establishing the Amount of Loss is Costly, Geneva Papers on Risk and Insurance Theory, vol. 19, 139-152 (1994). [NBER WP]

Taxation and Risk Taking: A General Equilibrium Perspective, National Tax Journal, vol. 47, 789-798 (1994). [NBER WP]

Human Capital under An Ideal Income Tax, Virginia Law Review, vol. 80, 1477-1514 (1994). [NBER WP - Human Capital and the Income Tax ]

Optimal Law Enforcement with Self-Reporting of Behavior (with Steven Shavell), Journal of Political Economy, vol. 102, 583-606 (1994). [NBER WP]

Accuracy in the Determination of Liability (with Steven Shavell), Journal of Law and Economics, vol. 37, 1-15 (1994). [NBER WP]

The Value of Accuracy in Adjudication: An Economic Analysis, Journal of Legal Studies, vol. 23, 307-401 (1994).

Why the Legal System Is Less Efficient than the Income Tax in Redistributing Income (with Steven Shavell), Journal of Legal Studies, vol. 23, 667-681 (1994). [NBER WP - The Efficiency of the Legal System versus the Income Tax in Redistributing Income ]

Shifting Plaintiffs' Fees versus Increasing Damage Awards, RAND Journal of Economics, vol. 24, 625-630 (1993). [NBER WP]

An Ex Ante Perspective on Deregulation, Viewed Ex Post, Resource and Energy Economics, vol. 15, 153-173 (1993).

Optimal Sanctions and Differences in Individuals' Likelihood of Avoiding Detection (with Lucian Bebchuk), International Review of Law and Economics, vol. 13, 217-224 (1993). [NBER WP - Optimal Sanctions When the Probability of Apprehension Varies Among Individuals ]

Rules Versus Standards, Duke Law Journal, vol. 42, 557-629 (1992).

Government Relief for Risk Associated with Government Action, Scandinavian Journal of Economics, vol. 94, 525-541(1992). [NBER WP]

A Note on Horizontal Equity, Florida Tax Review, vol. 1, 191-196 (1992).

Income Tax Deductions for Losses as Insurance, American Economic Review, vol. 82, 1013-1017 (1992).

The Optimal Probability and Magnitude of Fines for Acts That Definitely Are Undesirable, International Review of Law and Economics, vol. 12, 3-11 (1992). [NBER WP]

Private Versus Socially Optimal Provision of Ex Ante Legal Advice (with Steven Shavell), Journal of Law, Economics, and Organization, vol. 8, 306-320 (1992). [NBER WP]

Optimal Sanctions When Individuals Are Imperfectly Informed About the Probability of Apprehension (with Lucian Bebchuk), Journal of Legal Studies, vol. 21, 365-370 (1992). [NBER WP]

The Income Tax as Insurance: The Casualty Loss and Medical Expense Deductions and the Exclusion of Medical Insurance Premiums, California Law Review, vol. 79, 1485-1510 (1991). [NBER WP]

Incentives and Government Relief for Risk, Journal of Risk and Uncertainty, vol. 4, 167-175 (1991). [NBER WP]

Optimal Taxation with Costly Enforcement and Evasion, Journal of Public Economics, vol. 43, 221-236 (1990). [NBER WP]

Legal Advice about Acts Already Committed (with Steven Shavell), International Review of Law and Economics, vol. 10, 149-159 (1990). [NBER WP]

Optimal Deterrence, Uninformed Individuals, and Acquiring Information about Whether Acts Are Subject to Sanctions, Journal of Law, Economics, and Organization, vol. 6, 93-128 (1990).

A Note on the Optimal Use of Nonmonetary Sanctions, Journal of Public Economics, vol. 42, 245-247 (1990).

Horizontal Equity: Measures in Search of a Principle, National Tax Journal, vol. 42, 139-154 (1989). [NBER WP]

Legal Advice about Information to Present in Litigation: Its Effects and Social Desirability (with Steven Shavell), Harvard Law Review, vol. 102, 565-615 (1989).

Savings Incentives in a Hybrid Income Tax: Comment, in Uneasy Compromise: Problems of a Hybrid Income-Consumption Tax. (Aaron et al., eds.; Brookings Institution, 1988), pp. 300-08.

Antitrust, Law & Economics, and the Courts, Law and Contemporary Problems, vol. 50, 181-216 (1987).

Optimal Transition Policy: Replacing Horizontal Equity with an Ex Ante Incentives Perspective, Dissertation accepted by Harvard University Department of Economics (1987).

Professor Strnad's Rejoinder: Simply Semantics (with Alvin Warren), Stanford Law Review, vol. 39, 419-425 (1987).

An Economic Analysis of Legal Transitions, Harvard Law Review, vol. 99, 509-617 (1986).

Private Versus Social Costs in Bringing Suit, Journal of Legal Studies, vol. 15, 371-385 (1986).

An Income Tax by Any Other Name -- A Reply to Professor Strnad (with Alvin Warren), Stanford Law Review, vol. 38, 399-421 (1986).

Extension of Monopoly Power Through Leverage, Columbia Law Review, vol. 85, 515-556 (1985).

The Patent-Antitrust Intersection: A Reappraisal, Harvard Law Review, vol. 97, 1813-1892 (1984).

The Accuracy of Traditional Market Power Analysis and A Direct Adjustment Alternative, Harvard Law Review, vol. 95, 1817-1848 (1982).

Rethinking Counterplans: A Reconciliation with Debate Theory, Journal of the American Forensic Association, vol. 17, 215-226 (1981).

Comment, Statutory Preferences for Minority-Owned Businesses: Fullilove v. Klutznick, Harvard Law Review, vol. 94, 125-138 (1980).

Note, The Theoretical Foundation of the Hearsay Rules, Harvard Law Review, vol. 93, 1786-1815 (1980).

Working Papers

Myopia and the Effects of Social Security and Capital Taxation on Labor Supply [NBER] [Olin Center WP]

All Individuals May Be Made Worse Off under Any Nonwelfarist Principle (with Steven Shavell) [Olin Center WP]

Human Nature and the Best Consequentialist Moral System (with Steven Shavell) [Olin Center WP]