William M. Landes
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William M. Landes

Clifton R. Musser Professor Emeritus of Law and Economics, Senior Lecturer

William Landes joined the faculty of the Law School in 1974 and was the Clifton R. Musser Professor of Law and Economics in the Law School from 1992 to 2009. Landes has written widely on the application of economics and quantitative methods to law and legal institutions, including torts, intellectual property, judicial behavior, legal decision-making, and art law. His most recent book, The Economic Structure of Intellectual Property Law (2003) with Judge Richard Posner, applies economic analysis to the many legal doctrines in trademark, copyright, trade secret, and patent law. Landes has been an editor of the Journal of Law and Economics from 1975 to 1991 and the Journal of Legal Studies from 1991 to 2000. He is a past president of the American Law and Economics Association and is a member of the American Economic Association, the Mont Pelerin Society, and the Council of Economic Advisers of the American Enterprise Institute. He is also a Fellow of the American Academy of Arts and Sciences.

EDUCATION

Columbia University
PhD in economics, 1966
BA, 1960  

EXPERIENCE

The University of Chicago Law School
Clifton R. Musser Professor of Law & Economics, Emeritus 2009-present
Clifton R. Musser Professor of Law & Economics, 1992-2009
Clifton R. Musser Professor of Economics, 1980-92
Professor of Economics, 1974-80

Fordham University School of Law
1967 Bacon-Kilkenny Chair of Law for a Distinguished Visiting Professor, August-December 1996

National Bureau of Economic Research, Inc. Cambridge, MA
Research Staff, 1973-1979
Research Associate, 1969-1973
Research Fellow, 1968-1969
Research Assistant, 1962-1963

City University of New York Graduate Center
Associate Professor of Economics, 1972-1974

Columbia University
Associate Professor of Economics, 1969-1972

The University of Chicago
Assistant Professor of Economics, 1966-1969

Stanford University
Assistant Professor of Economics, 1965-1966

Books (Author)

  • Winning the Art Lottery: The Economic Returns to the Ganz Collection (University of Chicago Law School, 2000).
  • The Behavior of Federal Judges: a Theoretical and Empirical Study of Rational Choice (Harvard University Press, 2013) (with Richard A. Posner & Lee Epstein ).
  • Essays in the Economics of Crime and Punishment (National Bureau of Economic Research, 1974) (with Gary S. Becker).
  • The Political Economy of Intellectual Property Law (AEI-Brookings Joint Center for Regulatory Studies, 2004) (with Richard A. Posner).cu www
  • The Economic Structure of Intellectual Property Law (Harvard University Press, 2003) (with Richard A. Posner) (also published in Spanish and Chinese).
  • The Economic Structure of Tort Law (Harvard University Press, 1987) (with Richard A. Posner) (also published in Chinese).

Journal Articles

  • "Was There Ever Such a Thing as Judicial Self-Restraint?," 100 California Law Review 557 (2012) (with Lee Epstein).
  • "Nietzsche’s Naturalism Reconsidered," 29 Cadernos Nietzsche 77 (2011) (Portuguese translation).
  • "The Best for Last: The Timing of U.S. Supreme Court Decisions," 64 Duke Law Journal 101 (2015) (with Lee Epstein & Richard A. Posner).cu www
  • "Measuring Coase's Influence," 54 Journal of Law and Economics S383 (2011) (with Sonia Lahr-Pastor).
  • "Posner on Beanie Babies," 74 University of Chicago Law Review 1761 (2007).
  • "An Empirical Analysis of Intellectual Property Litigation: Some Preliminary Results," 41 Houston Law Review 749 (2004).
  • "Revisiting the Ideology Rankings of Supreme Court Justices," 44 Journal of Legal Studies S295 (2015) (with Lee Epstein & Richard A. Posner).cu www
  • "Indirect Liability for Copyright Infringement: Napster and Beyond," 17 Journal Of Economic Perspectives 113 (2003).cu www
  • "The Empirical Side of Law and Economics," 70 University of Chicago Law Review 167 (2003).
  • "Indirect Liability for Copyright Infringement: An Economic Perspective," 16 Harvard Journal of Law and Technology 395 (2003) (with Douglas Gary Lichtman).ssrn cu
  • "How Business Fares in the Supreme Court," 97 Minnesota Law Review 1431 (2013) (with Richard A. Posner & Lee Epstein ).
  • "What Has the Visual Artist's Rights Act of 1990 Accomplished?," 25 Journal of Cultural Economics 283 (2001).
  • "Introduction Interpreting Legal Citations: Introduction," 29 Journal of Legal Studies 317 (2000).
  • "Copyright, Borrowed Images, and Appropriation Art: An Economic Approach," 9 George Mason Law Review 1 (2000).cu www
  • "Winning the Art Lottery: The Economic Returns to the Ganz Collection," 66 Recherches Economiques de Louvain 111 (1999).
  • "Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges," 27 Journal of Legal Studies 271 (1998) (with Lawrence Lessig & Michael E. Solimine).
  • "Are Even Unanimous Decisions in the United States Supreme Court Ideological?," 106 Northwestern University Law Review 699 (2012) (with Richard A. Posner & Lee Epstein).
  • "The Art of Law and Economics: An Autobiographical Essay," 41 American Economist 31 (1997).
  • "Optimal Sanctions for Antitrust Violations Antitrust Damage Reform," 26 Journal of Reprints for Antitrust Law and Economics 77 (1995) (reprint of 50 University of Chicago Law Review 652 1983).
  • "Why (and When) Judges Dissent: A Theoretical and Empirical Analysis," 3 Journal of Legal Analysis 101 (2011) (with Richard A. Posner & Lee Epstein).
  • "Counterclaims: An Economic Analysis," 14 International Review of Law and Economics 235 (1994).
  • "Sequential versus Unitary Trials: An Economic Analysis," 22 Journal of Legal Studies 99 (1993).
  • "Copyright Protection of Letters, Diaries, and Other Unpublished Works: An Economic Approach," 21 Journal of Legal Studies 79 (1992).
  • "Inferring the Winning Party in the Supreme Court from the Pattern of Questioning at Oral Argument," 39 Journal of Legal Studies 433 (2010) (with Richard A. Posner & Lee Epstein).
  • "Insolvency and Joint Torts: A Comment The Law and Economics of Risk: Comment," 19 Journal of Legal Studies 679 (1990).
  • "Optimal Sanctions for Antitrust Violations," 50 University of Chicago Law Review 652 (1983) (reprinted in 25 Journal of reprints for Antitrust and Economics 727 1995).
  • "Harm to Competition: Cartels, Mergers and Joint Ventures The Economics of Horicontal Restraints," 52 Antitrust Law Journal 625 (1983).
  • "Rational Judicial Behavior: A Statistical Study," 1 Journal of Legal Analysis 775 (2009) (with Richard A. Posner).
  • "An Economic Study of U.S. Aircraft Hijacking, 1961-1976," 21 Journal of Law and Economics 1 (1978).
  • "Legality and Reality: Some Evidence on Criminal Procedure," 3 Journal of Legal Studies 287 (1974).
  • "The Bail System: An Economic Approach," 2 Journal of Legal Studies 79 (1973).
  • "Compulsory Schooling Legislation: An Economic Analysis of Law and Social Change in the Nineteenth Century," 32 Journal of Economic History 54 (1972) (with Lewis Solomon).
  • "An Economic Analysis of the Courts," 14 Journal of Law and Economics 61 (1971).
  • "Roundtable on the Allocation of Resources to Law Enforcement," 59 American Economic Review 505 (1969).
  • "The Economics of Fair Employment Laws," 76 Journal of Political Economy 507 (1968).
  • "The Effect of State Fair Employment Laws on the Economic Position of Nonwhites," 57 American Economic Review 578 (1967).
  • "An Empirical Analysis of the Patent Court," 71 University of Chicago Law Review 111 (2004) (with Richard A. Posner).
  • "On the Resignation of Ronald H. Coase," 26 Journal of Law and Economics iii (1983) (with Frank H. Easterbrook & Dennis W. Carlton).
  • "Indefinitely Renewable Copyright," 70 University of Chicago Law Review 471 (2003) (with Richard A. Posner).
  • "Harmless Error," 30 Journal of Legal Studies 161 (2001) (with Richard A. Posner).ssrn cu
  • "Citations, Age, Fame, and the Web," 29 Journal of Legal Studies 319 (2000) (with Richard A. Posner).
  • "Market Power in Antitrust Cases Market Power: Concept and Measurement," 27 Journal of Reprints for Antitrust Law and Economics 493 (1997) (with Richard A. Posner) (originally published as 94 Harvard Law Review 937 1981).
  • "Contribution among Antitrust Defendants: A Legal And Economic Analysis," 26 Journal of Reprints for Antitrust Law and Economics 337 (1996) (with Richard A. Posner & Frank H. Easterbrook ) (originally published as 23 Journal of Law & Economics 331 1980).
  • "Heavily Cited Articles in Law," 71 Chicago-Kent Law Review 825 (1995) (with Richard A. Posner).
  • "Should Indirect Purchasers Have Standing to Sue under the Antitrust Laws? An Economic Analysis of the Rule of Illinois Brick," 25 Journal of Reprints for Antitrust Law and Economics 825 (1995) (with Richard A. Posner).
  • "The Economics of Anticipatory Adjudication," 23 Journal of Legal Studies 683 (1994) (with Richard A. Posner).
  • "The Influence of Economics on Law: A Quantitative Study," 36 Journal of Law and Economics 153 (1993) (with Richard A. Posner).
  • "Some Economics of Trade Secret Law," 5 Journal Of Economic Perspectives 61 (1991) (with Richard A. Posner & David D. Friedman).
  • "An Economic Analysis of Copyright Law," 18 Journal of Legal Studies 325 (1989) (with Richard A. Posner).
  • "The Economics of Trademark Law," 78 Trademark Reporter 267 (1988) (with Richard A. Posner).
  • "Trademark Law: An Economic Perspective," 30 Journal of Law and Economics 265 (1987) (with Richard A. Posner).
  • "A Positive Economic Analysis of Products Liability," 14 Journal of Legal Studies 535 (1985) (with Richard A. Posner).
  • "Tort Law as a Regulatory Regime for Catastrophic Personal Injuries," 13 Journal of Legal Studies 417 (1984) (with Richard A. Posner).
  • "Causation in Tort Law: An Economic Approach," 12 Journal of Legal Studies 109 (1983) (with Richard A. Posner).
  • "An Economic Theory of Intentional Torts," 1 International Review of Law and Economics 127 (1981) (with Richard A. Posner).
  • "Contribution among Antitrust Defendants: A Legal and Economic Analysis," 23 Journal of Law and Economics 331 (1980) (with Richard A. Posner & Frank H. Easterbrook ).
  • "The Positive Economic Theory of Tort Law," 15 Georgia Law Review 851 (1980) (with Richard A. Posner).
  • "Market Power in Antitrust Cases," 94 Harvard Law Review 937 (1980) (with Richard A. Posner) (reprinted in 27 Journal of reprints for Antitrust and Economics 493 1995).
  • "Legal Change, Judicial Behavior, and the Diversity Jurisdiction," 9 Journal of Legal Studies 367 (1980) (with Richard A. Posner).
  • "The Economics of Passing On: A Reply to Harris and Sullivan," 128 University of Pennsylvania Law Review 1274 (1980) (with Richard A. Posner).
  • "Joint and Multiple Tortfeasors: An Economic Analysis," 9 Journal of Legal Studies 517 (1980) (with Richard A. Posner).
  • "Benefits and Costs of Airline Mergers: A Case Study," 11 Bell Journal of Economics 65 (1980) (with Richard A. Posner & Dennis W. Carlton).
  • "Adjudication as a Private Good," 8 Journal of Legal Studies 235 (1979) (with Richard A. Posner).
  • "Should Indirect Purchasers Have Standing to Sue under the Antitrust Laws? An Economic Analysis of the Rule of Illinois Brick," 46 University of Chicago Law Review 602 (1979) (with Richard A. Posner) (reprinted in 25 Journal of reprints for Antitrust and Economics 825 1995).
  • "Salvors, Finders, Good Samaritans, and Other Rescuers: An Economic Study of Law and Altruism," 7 Journal of Legal Studies 83 (1978) (with Richard A. Posner).
  • "Altruism in Law and Economics," 68 American Economic Review 417 (1978) (with Richard A. Posner).
  • "Should We Tax Virgin Materials to Finance Waste Disposal?," 9 Waste Age 12 (1978) (with Richard A. Posner).
  • "Legal Precedent: A Theoretical and Empirical Analysis," 19 Journal of Law and Economics 249 (1976) (with Richard A. Posner).
  • "The Private Enforcement of Law," 4 Journal of Legal Studies 1 (1975) (with Richard A. Posner).
  • "The Independent Judiciary in an Interest-Group Perspective," 18 Journal of Law and Economics 875 (1975) (with Richard A. Posner).

Book Sections

  • "The Art of Law and Economics: An Autobiographical Essay," in Law and Economics: A Reader, Alain Marciano ed. (Routledge, 2009).
  • "The Economic Analysis of Art Law," in Handbook of the Economics of Art and Culture, Victor A. Ginsburgh & David Throsby eds. (Elsevier, 2006).
  • "The Test of Time: Does Twentieth Century American Art Survive?," in Contributions to Economic Analysis: The Economics of Art and Culture, Victor A. Ginsburgh ed. (Elsevier Science, 2004).
  • "Acts of Terror with Guns: Multiple Victim Shootings.," in The Bias against Guns (2003) (with John Lott).
  • "Trademark Law: An Economic Perspective," in Trademark and Unfair Competition Law Volume 1: Themes and Theories, Graeme B. Dinwoodie & Mark D. Janis eds. (Edward Elgar, 2014) (with Richard A. Posner) (originally published as 30 J Law & Economics 265 1987).
  • "Copyright," in The Handbook of Cultural Economics, Ruth Towse ed. (Edward Elgar, 2002).
  • "Copyright, Borrowed Images, and Appropriation Art: An Economic Approach," in Copyright in the Cultural Industries, Ruth Towse ed. (Edward Elgar, 2002).
  • "The Social Market for the Great Masters and Other Collectibles," in Social Economics: Market Behavior in a Social Environment (Harvard University Press, 2000) (with Gary S. Becker & Kevin Murphy).
  • "The Art of Law and Economics: An Autobiographical Essay," in Passion and Craft: Economists at Work, Michael Szenberg ed. (University of Michigan Press, 1999).
  • "Sequential and Bifurcated Trials," in The New Palgrave Dictionary of Economics and the Law 3., Peter Newman ed. 1998).
  • "Gary S. Becker," in The New Palgrave Dictionary of Economics and the Law 1., Peter Newman ed. 1998).
  • "Harm to Competition: Cartels, Mergers, and Joint Ventures," in Antitrust Policy in Transition: The Convergence of Law and Economics, E. Fox & J. Halverson eds. (American Bar Association, 1984).
  • "An Introduction to the Economics of Antitrust," in Antitrust: Cases, Economic Notes, and Other Materials, Richard A. Posner & Frank H. Easterbrook eds. (West, 1980).
  • "An Economic Analysis of the Courts," in Essays in the Economics of Crime and Punishment, Gary S. Becker & William M. Landes eds. (National Bureau of Economic Research, 1974).
  • "The Bail System: An Economic Approach," in Essays in the Economics of Crime and Punishment, Gary S. Becker & William M. Landes eds. (National Bureau of Economic Research, 1974).
  • "Foreign Criminal Procedure: A Comment," in The Economics of Crime and Punishment, Simon Rottenberg ed. (American Enterprise Institute for Public Policy Research, 1973).
  • "Law and Economics," in Fifty-first Annual Report of the National Bureau of Economic Research (NBER, 1971).
  • "Legal Precedent: A Theoretical and Empirical Analysis," in Scientific Models of Legal Reasoning: Economics, Artifical Intelligence, and the Physical Sciences, Scott Brewer ed. (Garland Publications, 1998) (with Richard A. Posner).
  • "The Economics of Legal Disputes over the Ownership of Works of Art and Other Collectibles," in Essays in the Economics of the Arts, Victor A. Ginsburgh & Pierre-Michel Menger eds. (Elsevier Science, 1996) (with Richard A. Posner).

Other Publications

  • "New Light on Punitive Damages," Regulation, 1986 (with Richard A. Posner).

MEMBERSHIPS AND PROFESSIONAL AFFILIATIONS

  • Academic Advisory Council, The Locke Institute (1990-present)
  • Council of Economic Advisers, American Enterprise Institute 
  • American Economic Association
  • Mont Pelerin Society
  • American Law and Economics Association

AWARDS AND HONORS

  • Ansley Award Nomination, Columbia University Economics Department (1956)
  • IBM Watson Fellowship (1964-1965)
  • Ford Foundation Doctoral Dissertation Fellowship (1963-1964)
  • President's Fellowship, Columbia University (1962-1963)

SERVICE

  • Research Advisory Committee, U.S. Sentencing Commission (1986-1988)

EDITORIAL WORK

  • Editorial advisory board, Journal of Empirical Legal Studies (2004-present) 
  • Editorial board, Journal of Cultural Economics (2004-present) 
  • Advisory board, Law and Economics Abstracts (1996-present) 
  • Editor, The Journal of Legal Studies (1991-2000)
  • Editor, The Journal of Law and Economics (1975-1991)
  • Adviser, Restatement of the Law, Third, Unfair Competition
  • Board of editors, Intellectual Property Fraud Reporter