Richard S Markovits

Richard S Markovits: Publications

• book

  WELFARE ECONOMICS AND SECOND-BEST THEORY: A THIRD-BEST-ECONOMICALLY-EFFICIENT DISTORTION-ANALYSIS PROTOCOL FOR ECONOMIC-EFFICIENCY PREDICTION

  Springer

  Authors:

  2020

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• article

  “Public Utility” Regulation: Some Economic and Moral Analyses

  Yale Journal on Regulation

  Authors:

  2018

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• article

  U.S. and E.U. Antitrust Law as Written: Their Differences, Common Features, and Relative and Absolute Moral Desirability

  The Antitrust Bulletin

  Authors:

  2017

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• article

  The General Theory of Second Best and Economic-Efficiency Analysis: The Theory, Its Negative Corollaries, the Appropriate Response to It, and a Coda on the Economic Efficiency of Reducing Poverty and Income/Wealth Inequality

  Akron Law Review

  Authors:

  2016

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• article

  Economics and Antitrust Law: A Comment on the Other Contributions to This Symposium

  Antitrust Bulletin

  Authors:

  2016

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• article

  Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law: A Summary

  Antitrust Bulletin

  Authors:

  2016

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• book

  Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law, Vol. I, Basic Concepts and Economics-Based Legal Analyses of Oligopolistic and Predatory Conduct

  Springer

  Authors:

  2014

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• book

  Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law, Vol. II, Economics-Based Legal Analyses of Mergers, Vertical Practices, and Joint Ventures

  Springer

  Authors:

  2014

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• contribution

  How American Legal Academics’ Positions on Economic-Efficiency Analysis, Moral Philosophy, and Valid Legal Argument Disserve Law and Society Empirical Research

  Authors:

  2011

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• article

  Background (Fixed-Cost) Avoidance-Choices, Foreground (Variable-Cost) Avoidance-Choices, and the Economically Efficient Approach for Courts to Take in Marine-Salvage Cases: A Positive Analysis and Related Critique of Landes and Posner's Classic Study

  Buffalo Law Review

  Authors:

  2011

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• article

  The Limits to Simplifying the Application of U.S. Antitrust Law

  Journal of Competition Law & Economics

  Authors:

  2010

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• book

  Truth or Economics: On the Definition, Prediction, and Relevance of Economic Efficiency

  New Haven, CT: Yale University Press

  Authors:

  2008

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• article

  Liberalism and Tort Law: On the Content of the Corrective-Justice-Securing Tort Law of a Liberal, Rights-Based Society

  Authors:

  2006

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• article

  On the Economic Inefficiency of a Liberal-Corrective-Justice Securing Law of Torts

  Authors:

  2006

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• article

  On the Possibly-Predatory Character of Nonsystems-Rivalry Investments and Systems Rivalry: Definitional, Functional, and Legal Analyses

  Antitrust Bulletin

  Authors:

  2005

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• article

  Why Kaplow and Shavell's "Double-Distortion Argument" Articles are Wrong

  George Mason Law Review

  Authors:

  2005

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• review

  Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives, ed. by M.D. Adler & E.A. Posner

  Authors:

  2005

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• article

  Learning from the Foreigners: A Response to Justice Scalia's and Professor Levinson's Professional Moral Parochialism [Symposium: Globalization and the Judiciary]

  Texas International Law Journal

  Authors:

  2004

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• article

  Precommitment Analysis and Societal Moral Identity

  Texas Law Review

  Authors:

  2003

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• article

  On the Economic Efficiency of Using Law to Increase Research and Development: A Critique of Various Tax, Antitrust, Intellectual Property, and Tort Law Rules and Policy Proposals

  Harvard Journal on Legislation

  Authors:

  2002

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• article

  On the Inevitable Arbitrariness of Market Definitions

  Antitrust Bulletin

  Authors:

  2002

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• article

  On the Relevance of Economic Efficiency Conclusions

  Florida State University Law Review

  Authors:

  2001

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• article

  Taking Legal Argument Seriously: An Introduction [Symposium on Taking Legal Argument Seriously]

  Chicago-Kent Law Review

  Authors:

  1999

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• article

  "You Cannot Be Serious!": A Reply to Professors Balkin and Levinson [Symposium on Taking Legal Argument Seriously]

  Chicago-Kent Law Review

  Authors:

  1999

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• article

  Legitimate Legal Argument and Internally-Right Answers to Legal-Rights Questions [Symposium on Taking Legal Argument Seriously]

  Chicago-Kent Law Review

  Authors:

  1999

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• article

  The Professional Assessment of Legal Academics: On the Shift from Evaluator Judgment to Market Evaluations

  Journal of Legal Education

  Authors:

  1998

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• book

  Matters of Principle: Legitimate Legal Argument and Constitutional Interpretation

  New York: New York University Press

  Authors:

  1998

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• article

  Second-Best Theory and the Obligations of Academics: A Reply to Professor Donohue

  Chicago-Kent Law Review

  Authors:

  1998

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• article

  Legal Scholarship: The Course

  Journal of Legal Education

  Authors:

  1998

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• article

  Introduction [Symposium on Second-Best Theory and Law & Economics]

  Chicago-Kent Law Review

  Authors:

  1998

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• article

  The Allocative Efficiency of Shifting from a "Negligence" System to a "Strict-Liability" Regime in Our Highly-Pareto-Imperfect Economy: A Partial and Preliminary Third-Best-Allocative-Efficiency Analysis

  Chicago-Kent Law Review

  Authors:

  1998

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• article

  Monopoly and the Allocative Inefficiency of First-Best-Allocatively-Efficient Tort Law in Our Worse-Than-Second-Best World: The Whys and Some Therefores

  Case Western Reserve Law Review

  Authors:

  1996

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• article

  A Constructive Critique of the Traditional Definition and Use of the Concept of "The Effect of a Choice on Allocative (Economic) Efficiency": Why the Kaldor-Hicks Test, the Coase Theorem, and Virtually All Law-and-Economics Welfare Arguments Are Wrong

  Authors:

  1993

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• article

  The Case for "Business as Usual" in Law-and-Economics Land: A Critical Comment

  Iowa Law Review

  Authors:

  1993

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• article

  Second-Best Theory and the Standard Analysis of Monopoly Rent Seeking: A Generalizable Critique, a "Sociological" Account, and Some Illustrative Stories

  Iowa Law Review

  Authors:

  1993

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• article

  The American Antitrust Laws on the Centennial of the Sherman Act: A Critique of the Statutes Themselves, Their Interpretation, and Their Operationalization

  Buffalo Law Review

  Authors:

  1990

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• article

  Ayres on "Markovits and Markets": A Reply

  Chicago-Kent Law Review

  Authors:

  1988

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• article

  International Competition, Market Definition, and the Appropriate Way to Analyze the Legality of Horizontal Mergers Under the Clayton Act

  Chicago-Kent Law Review

  Authors:

  1988

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• contribution

  Public Policy Analysis from an Economic, Political-Economic and Ethical Perspective

  Authors:

  1986

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• article

  Cost-Benefit Analysis and the Determination of Legal Entitlements: a Reply to Professor Carlson

  Cardozo Law Review

  Authors:

  1986

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• contribution

  Monopolistic Competition and Second Best: Some New Conceptual Schemes

  Essays in Honour of Basil Yamey

  Authors:

  1986

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• contribution

  Antitrust: Alternatives to Delegalization

  Juridification of Social Spheres

  Authors:

  1986

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• article

  An Ideal Antitrust Law Regime

  Texas Law Review

  Authors:

  1985

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• article

  The Functions, Allocative Efficiency and Legality of Tie-Ins: A Comment

  Journal of Law & Economics

  Authors:

  1985

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• article

  Duncan's Do Nots: Cost-Benefit Analysis and the Determination of Legal Entitlements

  Stanford Law Review

  Authors:

  1984

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• article

  The Limits to Simplifying Antitrust: A Reply to Professor Easterbrook

  Texas Law Review

  Authors:

  1984

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• article

  Legal Analysis and the Economic Analysis of Allocative Efficiency: A Response to Professor Posner's Reply

  Hofstra Law Review

  Authors:

  1983

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• article

  Tie-Ins and Reciprocity: A Functional, Legal, and Policy Analysis

  Texas Law Review

  Authors:

  1980

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• article

  Legal Analysis and the Economic Analysis of Allocative Efficiency

  Hofstra Law Review

  Authors:

  1980

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• review

  Monopolistic Competition, Second Best, and The Antitrust Paradox: A Review Article

  Michigan Law Review

  Authors:

  1979

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• article

  Predicting the Competitive Impact of Horizontal Mergers in a Monopolistically Competitive World

  Texas Law Review

  Authors:

  1978

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• article

  Oligopolistic Pricing Suits, the Sherman Act, and Economic Welfare. Part IV: The Allocative Efficiency and Overall Desirability of Oligopolistic Pricing Suits

  Stanford Law Review

  Authors:

  1976

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• article

  Oligopolistic Pricing Suits, the Sherman Act, and Economic Welfare: A Response to Professor Posner

  Stanford Law Review

  Authors:

  1976

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• article

  The Distributive Impact, Allocative Efficiency, and Overall Desirability of Ideal Housing Codes: Some Theoretical Clarifications

  Harvard Law Review

  Authors:

  1976

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• article

  The Allocative Efficiency and Overall Desirability of Oligopolistic Pricing Suits

  Stanford Law Review

  Authors:

  1976

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• article

  The Causes and Policy Significance of Pareto Resource Misallocation: A Checklist for Micro-Economic Policy Analysis

  Stanford Law Review

  Authors:

  1976

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• article

  Oligopolistic Pricing Suits, the Sherman Act, and Economic Welfare. Part III: Proving (Illegal) Oligopolistic Pricing: A Description of the Necessary Evidence and a Critique of the Received Wisdom About Its Character and Cost

  Stanford Law Review

  Authors:

  1975

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• article

  Some Preliminary Notes on the American Antitrust Laws' Economic Tests of Legality

  Stanford Law Review

  Authors:

  1975

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• article

  A Basic Structure for Microeconomic Policy Analysis in Our Worse-Than-Second-Best World: A Proposal and Related Critique of the Chicago Approach to the Study of Law and Economics

  Authors:

  1975

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• article

  Potential Competition, Limit Price Theory, and the Legality of Horizontal and Conglomerate Mergers Under the American Antitrust Laws

  Authors:

  1975

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• article

  Oligopolistic Pricing Suits, the Sherman Act, and Economic Welfare. Part II: Injurious Oligopolistic Pricing Sequences: Their Description, Interpretation and Legality under the Sherman Act

  Stanford Law Review

  Authors:

  1974

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• article

  Oligopolistic Pricing Suits, the Sherman Act, and Economic Welfare. Part I: Oligopolistic Price and Oligopolistic Pricing: Their Conventional and Operational Definition

  Stanford Law Review

  Authors:

  1974

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• article

  Fixed Input (Investment) Competition and the Variability of Fixed Inputs (Investment): Their Nature, Determinants and Significance

  Stanford Law Review

  Authors:

  1972

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• article

  Tie-ins, Leverage, and the American Antitrust Laws

  Yale Law Journal

  Authors:

  1970

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• article

  Tie-ins, Reciprocity, and the Leverage Theory

  Authors:

  1967

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