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Jonathan Masur : Publications

Books (Author)

    Happiness and the Law (University of Chicago Press, 2014) (with John Bronsteen & Christopher Buccafusco). [CU]

Journal Articles

    "Deference Mistakes," 82 University of Chicago Law Review 643 (forthcoming 2015) (with Lisa Larrimore Ouellette). [SSRN]

    "The Use and Misuse of Patent Licenses," 101 Northwestern University Law Review __ (forthcoming 2015).

    "Toward a Pigovian State," 164 University of Pennsylvania Law Review __ (forthcoming 2016) (with Eric Posner).

    "Well-Being Analysis vs. Cost-Benefit Analysis," 44 The Environmental Law Reporter 10702 (2014) (with John Bronsteen & Christopher Buccafusco ).

    "Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law," 87 Southern California Law Review 275 (2014) (with Christopher Buccafusco). [CU] [SSRN]

    "Libertarian Paternalism, Path Dependence, and Temporary Law," 81 University of Chicago Law Review 291 (2014) (with Tom Ginsburg & Richard H. McAdams). [CU] [SSRN]

    "Well-Being Analysis vs. Cost-Benefit Analysis," 62 Duke Law Journal 1603 (2013) (with John Bronsteen & Christopher Buccafusco). [CU] [SSRN]

    "Raising the Stakes in Patent Cases," 101 Georgetown Law Journal 637 (2013) (with Anup Malani). [CU] [SSRN]

    "Costly Intellectual Property," 65 Vanderbilt Law Review 677 (2012) (with David Fagundes). [CU] [SSRN]

    "Regulation, Unemployment, and Cost-Benefit Analysis," 98 Virginia Law Review 579 (2012) (with Eric Posner). [CU] [SSRN]

    "Patent Liability Rules as Search Rules," 78 University of Chicago Law Review 187 (2011). [CU] [SSRN]

    "Patent Inflation," 121 Yale Law Journal 470 (2011). [CU] [SSRN]

    "Regulating Patents," 2010 Supreme Court Review 275 (2011). [CU] [SSRN]

    "Licensing of Intellectual Property," 78 University of Chicago Law Review 1 (2011) (with Omri Ben-Shahar & Richard A. Epstein ). [CU]

    "Climate Regulation and the Limits of Cost-Benefit Analysis," 99 California Law Review 1557 (2011) (with Eric Posner). [CU] [SSRN]

    "Retribution and the Experience of Punishment," 98 California Law Review 1463 (2010) (with John Bronsteen & Christopher Buccafusco). [CU] [SSRN]

    "Welfare as Happiness," 98 Georgetown Law Journal 1583 (2010) (with John Bronsteen & Christopher Buccafusco). [CU] [SSRN]

    "The Institutional Dynamics of Transition Relief," 85 New York University Law Review 391 (2010) (with Jonathan Nash). [CU] [SSRN]

    "Costly Screens and Patent Examination," 2 Journal of Legal Analysis 687 (2010). [CU] [SSRN]

    Comment, "Booker Reconsidered ," 77 University of Chicago Law Review 1091 (2010). [CU] [SSRN]

    "International Agreements, Internal Heterogeneity, and Climate Change: The Two Chinas Problem," 50 Virginia Journal of International Law 325 (2010) (with Daniel Abebe). [CU] [SSRN]

    "Against Feasibility Analysis," 77 University of Chicago Law Review 657 (2010) (with Eric Posner). [CU] [SSRN]

    "Happiness and Punishment," 76 University of Chicago Law Review 1037 (2009) (with John Bronsteen & Christopher Buccafusco). [CU] [SSRN]

    "Hedonic Adaptation and the Settlement of Civil Lawsuits," 108 Columbia Law Review 1516 (2008) (with John Bronsteen & Christopher Buccafusco). [CU] [SSRN]

    "Probability Thresholds," 92 Iowa Law Review 1293 (2007). [CU] [SSRN]

    "Judicial Deference and the Credibility of Agency Commitments," 60 Vanderbilt Law Review 1021 (2007). [CU] [SSRN]

    "A Hard Look or a Blind Eye: Administrative Law and Military Deference," 56 Hastings Law Journal 441 (2004). [CU] [SSRN] [WWW]

Shorter Works

    "The Overlooked Benefits of the Blackstone Principle," 128 Harvard Law Review Forum 289 (2015) (with John Bronsteen).

    "The Intractable Normative Complexities of Valuing Foreign Lives," 2015 University of Illinois Law Review Slip Opinions 12 (2015).

    "Inflation Indicators," 121 Yale Law Journal Online 375 (2012). [CU] [SSRN]

    "For General Deterrence (Comment on Chapter 5, Paul H. Robinson, 'The Difficulties of Deterrence as a Distributive Principle')," in Criminal Law Conversations, Kimberly Kessler Ferzan, Stephen Garvey & Paul H. Robinson eds. (Oxford University Press, 2009) (with Richard H. McAdams & Thomas J. Miles). [CU]

    "Describing the Effect of Adaptation on Settlement," 109 Columbia Law Review Sidebar 21 (2009) (with John Bronsteen & Christopher Buccafusco). [CU]

    "The PTO's Future: Reform or Abolition?," 158 University of Pennsylvania Law Review PENNumbra 1 (2009). [CU] [WWW]

    "Book Review (reviewing Sven Lindquist, A History of Bombing (2001))," 15 Harvard Human Rights Journal 342 (2002). [CU] [WWW]

Book Sections

    "Well-Being and Public Policy," in Oxford Handbook of Law & Economics, Francesco Parisi ed. (Oxford University Press, forthcoming 2015) (with John Bronsteen & Christopher Buccafusco ).

    "Unemployment and Regulatory Policy," in Does Regulation Kill Jobs?, Cary Coglianese, Adam Finkel & Chris Carrigan eds. (University of Pennsylvania Press, 2013) (with Eric Posner). [CU]

Working Papers

    "Toward a Pigovian State," Coase-Sandor Working Paper Series in Law and Economics, No. 716 (2015) (with Eric Posner). [CU] [SSRN]

    "Well-Being and Public Policy," Coase-Sandor Working Paper Series in Law and Economics, No. 707 (2014) (with John Bronsteen & Christopher Buccafusco ). [CU] [SSRN]

Other Publications

    "How will Nautilus Affect Indefiniteness at the PTO?," Patently-O, June 6, 2014 (with Lisa Larrimore Ouellette). [WWW]

    "Prizes and Grants: A Commentary on Burstein & Murray, and on Sampat," Balkinization, March 22, 2014. [WWW]