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Jonathan S. Masur : Publications

Books (Author)

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

Journal Articles

    "Should Regulation Be Countercyclical?," __ Yale Journal on Regulation __ (forthcoming) (with Eric Posner). [SSRN]

    "Quadratic Voting As An Input To Cost-Benefit Analysis," 172 Public Choice 177 (2017). [WWW]

    "CBA at the PTO," 65 Duke Law Journal 1701 (2016). [CU] [WWW]

    "Open Letter On Ethical Norms In Intellectual Property Scholarship," 29 Harvard Journal of Law and Technology 1 (2016) (with Robin Feldman, Mark Lemley & Arti K. Rai). [CU]

    "Unquantified Benefits and the Problem of Regulation Under Uncertainty," 102 Cornell Law Review 7 (2016) (with Eric Posner). [CU]

    "An Administrative Typology of Consumer Protection," 14 Law and Social Sciences 27 (2015). [CU]

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

    "The Use and Misuse of Patent Licenses," 110 Northwestern University Law Review 115 (2015). [CU]

    "Toward a Pigouvian State," 164 University of Pennsylvania Law Review 93 (2015) (with Eric Posner). [CU]

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

    "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]

    "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]

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

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

Shorter Works

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

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

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

    "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 1 (2009). [CU] [WWW]

Book Sections

    "Well-Being and Public Policy," in The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts (Oxford University Press, 2017) (with John Bronsteen & Christopher Buccafusco ).

    "Well-Being and Public Policy," in Oxford Handbook of Law & Economics, Francesco Parisi ed. (Oxford University Press, forthcoming 2017) (with John Bronsteen & Christopher Buccafusco ).

    "Premeditation and Responsibility in The Stranger," in Fatal Fictions: Crime and Investigation in Law and Literature, Alison LaCroix, Richard H. McAdams & Martha Nussbaum eds. (Oxford University Press, 2017).

    "How Judges Think: A Conversation with Judge Richard Posner," in The Supreme Court (Grey House Publishing, 2015). [CU]

    "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]

    "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]

Working Papers

    "The Use and Misuse of Patent Licenses," Coase-Sandor Working Paper Series in Law and Economics, No. 729 (2015). [CU] [SSRN]

    "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

    "The Regulatory Accountability Act, Or: How Progressives Learned to Stop Worrying and Love Cost-Benefit Analysis," Yale Journal on Regulation: Notice & Comment, May 4, 2017. [WWW]

    "The Deep Incoherence of Trump’s Executive Order on Regulation," Yale Journal on Regulation: Notice & Comment, February 7, 2017. [WWW]

    "How Antonin Scalia’s Ghost Could Block Donald Trump’s Wall," New York Times, January 25, 2017, at p. A29 (with Daniel Hemel & Eric Posner). [WWW]

    "How will Nautilus Affect Indefiniteness at the PTO?," Patently-O, June 5, 2014 (with Lisa Larrimore Ouellette). [WWW]

    "Prizes and Grants: A Commentary on Burstein & Murray, and on Sampat," Balkinization, March 21, 2014. [WWW]