Truth on the Market

The traditional domain of law & economics is the courtroom, the legislature, and the administrative agency. But in their 1994 article, “Raid or Trade? An Economic Model of Indian-White Relations,” Terry Anderson and Fred McChesney took the the...

There’s a popular argument that AI will do to human workers what tractors did to horses. Tractors could do what horses did. Horses became obsolete. AI can do what humans do. Therefore…

Plenty of major AI figures seem to agree. Elon Musk says AI will “replace all jobs...

Catherine Sharkey’s “Punitive Damages as Societal Damages” addresses a tension that has been obvious for decades, but usually treated as an annoyance: punitive damages are justified in public-regarding terms—punishment, deterrence, and condemnation—yet delivered through p...

A lawsuit over infinite scroll sounds, at first blush, like a fight over product design. Make the app less sticky. Stop nudging teens to keep scrolling. Turn down the algorithmic dopamine machine.

But the harder constitutional question is whether courts can do all that through broad, after-the-fact liability standards without telling platforms what the law actually req...

Spirit Airlines built its brand on the promise that flying could be miserable, but cheap. Its reported shutdown and liquidation now poses a less cheerful question for antitrust: What if the competitor regulators fought to preserve was already running out of runway?

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