Happiness and Punishment (with J. Bronsteen & J. Masur)
This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the...
View ArticleHedonic Adaptation and the Settlement of Civil Lawsuits (with J. Bronsteen &...
This paper examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed...
View ArticleOn the Legal Consequences of Sauces: Should Thomas Keller's Recipes Be Per Se...
The restaurant industry now takes in over $500 billion a year, but recent courts have been skeptical of the notion that one of its most valuable assets, original recipes, are subject to copyright...
View ArticleWelfare as Happiness (with J. Bronsteen & J. Masur)
Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used...
View ArticleValuing Intellectual Property: An Experiment
In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as...
View ArticleRetribution and the Experience of Punishment
In a prior article, we argued that punishment theorists need to take into account the counterintuitive findings from hedonic psychology about how offenders typically experience punishment. Punishment...
View ArticleMaking Sense of Intellectual Property Law
Intellectual property (IP) scholars have long struggled to explain the boundaries of and differences between copyright and patent law. This Article proposes a novel explanation: copyright and patent...
View ArticleWell-Being Analysis vs. Cost-Benefit Analysis (with J. Bronsteen & J. Masur)...
Cost-benefit analysis is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures,...
View ArticleValuing Attribution and Publication in Intellectual Property (with C....
This is the third in a series of articles focusing on the experimental economics of intellectual property. In earlier work, we have experimentally studied the ways in which creators assign monetary...
View ArticleDo Bad Things Happen When Works Enter the Public Domain?: Empirical Tests of...
The international debate over copyright term extension for existing works turns on the validity of three empirical assertions about what happens to works when they fall into the public domain. Our...
View ArticleInnovation and Incarceration: An Economic Analysis of Criminal Intellectual...
The scope and enforcement of intellectual property (IP) laws are becoming salient, for the first time, to a wide cohort of U.S. and international communities. National and international legislation,...
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