Richard S. Markovits
- The John B. Connally Chair in Law
- Professor
Richard Markovits teaches and writes about antitrust, law and economics, constitutional law, and jurisprudence. Professor Markovits created Texas Law's nationally recognized course titled Legal Scholarship, which was designed to prepare future law teachers, and is the author of multiple articles published in leading law journals and books.
Professor Markovits teaches and writes in the areas of antitrust, law and economics, constitutional law and jurisprudence. He is the author of articles in the Harvard Law Review, Yale Law Journal, Stanford Law Review and elsewhere as well as the book Matters of Principle: Legitimate Legal Argument and Constitutional Interpretation (NYU, 1998), Truth or Economics: On the Definition, Prediction, and Relevance of Economic Efficiency (Yale, 2008), and Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law (two vols.) (Springer, 2014). He created the Law School's nationally recognized course on "Legal Scholarship," designed to prepare future law teachers. He came to Texas from Stanford Law School in 1976.
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year-2005
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Article
Why Kaplow and Shavell's "Double-Distortion Argument" Articles are Wrong
Richard S. Markovits, Why Kaplow and Shavell's "Double-Distortion Argument" Articles are Wrong, 13 George Mason Law Review 511 (2005). -
Book Review
Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives, ed. by M.D. Adler & E.A. Posner
Richard S. Markovits, Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives, ed. by M.D. Adler & E.A. Posner, 115 Ethics 593 (2005).
year-2004
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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]
Richard S. Markovits, Learning from the Foreigners: A Response to Justice Scalia's and Professor Levinson's Professional Moral Parochialism [Symposium: Globalization and the Judiciary], 39 Texas International Law Journal 367 (2004).
year-2003
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Article
Precommitment Analysis and Societal Moral Identity
Richard S. Markovits, Precommitment Analysis and Societal Moral Identity, 81 Texas Law Review 1877 (2003).
year-2002
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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
Richard S. Markovits, 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, 39 Harvard Journal on Legislation 63 (2002). -
Article
On the Inevitable Arbitrariness of Market Definitions
Richard S. Markovits, On the Inevitable Arbitrariness of Market Definitions, 47 Antitrust Bulletin 571 (2002).
year-2001
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Article
On the Relevance of Economic Efficiency Conclusions
Richard S. Markovits, On the Relevance of Economic Efficiency Conclusions, 29 Florida State University Law Review 1 (2001).
year-1999
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Article
"You Cannot Be Serious!": A Reply to Professors Balkin and Levinson [Symposium on Taking Legal Argument Seriously]
Richard S. Markovits, "You Cannot Be Serious!": A Reply to Professors Balkin and Levinson [Symposium on Taking Legal Argument Seriously], 74 Chicago-Kent Law Review 559 (1999). -
Article
Taking Legal Argument Seriously: An Introduction [Symposium on Taking Legal Argument Seriously]
Richard S. Markovits, Taking Legal Argument Seriously: An Introduction [Symposium on Taking Legal Argument Seriously], 74 Chicago-Kent Law Review 317 (1999). -
Article
Legitimate Legal Argument and Internally-Right Answers to Legal-Rights Questions [Symposium on Taking Legal Argument Seriously]
Richard S. Markovits, Legitimate Legal Argument and Internally-Right Answers to Legal-Rights Questions [Symposium on Taking Legal Argument Seriously], 74 Chicago-Kent Law Review 415 (1999).
year-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
Richard S. Markovits, 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, 73 Chicago-Kent Law Review 11 (1998). -
Article
Second-Best Theory and the Obligations of Academics: A Reply to Professor Donohue
Richard S. Markovits, Second-Best Theory and the Obligations of Academics: A Reply to Professor Donohue, 73 Chicago-Kent Law Review 267 (1998). -
Book
Matters of Principle: Legitimate Legal Argument and Constitutional Interpretation
Richard S. Markovits, Matters of Principle: Legitimate Legal Argument and Constitutional Interpretation (New York: New York University Press, 1998). -
Article
Introduction [Symposium on Second-Best Theory and Law & Economics]
Richard S. Markovits, Introduction [Symposium on Second-Best Theory and Law & Economics], 73 Chicago-Kent Law Review 3 (1998). -
Article
The Professional Assessment of Legal Academics: On the Shift from Evaluator Judgment to Market Evaluations
Richard S. Markovits, The Professional Assessment of Legal Academics: On the Shift from Evaluator Judgment to Market Evaluations, 48 Journal of Legal Education 417 (1998). -
Article
Legal Scholarship: The Course
Richard S. Markovits, Legal Scholarship: The Course, 48 Journal of Legal Education 539 (1998).
year-1996
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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
Richard S. Markovits, Monopoly and the Allocative Inefficiency of First-Best-Allocatively-Efficient Tort Law in Our Worse-Than-Second-Best World: The Whys and Some Therefores, 46 Case Western Reserve Law Review 313 (1996).
year-1993
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Article
The Case for "Business as Usual" in Law-and-Economics Land: A Critical Comment
Richard S. Markovits, The Case for "Business as Usual" in Law-and-Economics Land: A Critical Comment, 78 Iowa Law Review 387 (1993). -
Article
Second-Best Theory and the Standard Analysis of Monopoly Rent Seeking: A Generalizable Critique, a "Sociological" Account, and Some Illustrative Stories
Richard S. Markovits, Second-Best Theory and the Standard Analysis of Monopoly Rent Seeking: A Generalizable Critique, a "Sociological" Account, and Some Illustrative Stories, 78 Iowa Law Review 327 (1993). -
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
Richard S. Markovits, 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, 1993 University of Illinois Law Review 485.