Jonathan S. Masur
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Jonathan S. Masur

John P. Wilson Professor of Law, David and Celia Hilliard Research Scholar, Director of the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law, Finance and Economics

Jonathan Masur received a BS in physics and an AB in political science from Stanford University in 1999 and his JD from Harvard Law School in 2003. After graduating from law school, he clerked for Chief Judge Marilyn Hall Patel of the United States District Court for the Northern District of California and for Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit. He joined the Law School faculty in 2007 and received tenure in 2012. He served as Deputy Dean from 2012 to 2014 and was named the John P. Wilson Professor of Law in 2014. He won the Graduating Students Award for Teaching Excellence in 2014 and 2017 and the Class of 2016 Award. He has served as director of the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law, Finance and Economics since its founding.

Masur's research and teaching interests include patent law, administrative law, behavioral law and economics, and criminal law.

EDUCATION

Harvard Law School
JD, magna cum laude, 2003

Stanford University
BS in physics with distinction, 1999
AB in political science with Distinction, 1999

EXPERIENCE

The University of Chicago Law School
John P. Wilson Professor of Law, 2014-present
David and Celia Hilliard Research Scholar, 2014-2016
Deputy Dean, 2012-2014
Professor of Law, 2012-present
Herbert and Marjorie Fried Teaching Scholar, 2011-2013
Assistant Professor of Law, 2007-2012
Bigelow Teaching Fellow, August 2005-2007

The Honorable Richard A. Posner, U.S. Court of Appeals for the Seventh Circuit Chicago, IL
Law clerk, August 2004-August 2005

The Honorable Marilyn Hall Patel, Northern District of California
Law clerk, August 2003-August 2004

Harvard Legal Aid Bureau Cambridge, MA
Student Attorney, 2001 – 2003

United States Attorney's Office Boston, MA
Summer Associate, June 2002-August 2002

Fish & Neave Palo Alto, California
Summer Associate, 2001 and 2002

The World Analyst Cambridge, MA
Editor-in-Chief, National Page, May 2002-May 2003

U.S. Representative Zoe Lofgren Washington, D.C.
Legislative Assistant, summer 1998; June 1999-September 2000

Lawrence Livermore National Laboratory Livermore, CA
Research Assistant, Summer 1997

Fermi National Accelerator Laboratory Batavia, Illinois
Research Assistant, summer 1995 and 1996

Books (Author)

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

Journal Articles

  • "Should Regulation Be Countercyclical?," __ Yale Journal on Regulation __ (forthcoming) (with Eric Posner).
  • "Quadratic Voting As An Input To Cost-Benefit Analysis," 172 Public Choice 177 (2017).
  • "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).
  • "Unquantified Benefits and the Problem of Regulation Under Uncertainty," 102 Cornell Law Review 7 (2016) (with Eric Posner).
  • "An Administrative Typology of Consumer Protection," 14 Law and Social Sciences 27 (2015).
  • "The Overlooked Benefits of the Blackstone Principle," 128 Harvard Law Review Forum 289 (2015) (with John Bronsteen).
  • "Deference Mistakes," 82 University of Chicago Law Review 643 (2015) (with Lisa Larrimore Ouellette).ssrn cu
  • "International Agreements, Internal Heterogeneity, and Climate Change: The Two Chinas Problem," 50 Virginia Journal of International Law 325 (2010) (with Daniel Abebe).ssrn cu
  • "The Use and Misuse of Patent Licenses," 110 Northwestern University Law Review 115 (2015).
  • "Toward a Pigouvian State," 164 University of Pennsylvania Law Review 93 (2015) (with Eric Posner).
  • "The Intractable Normative Complexities of Valuing Foreign Lives," 2015 University of Illinois Law Review Slip Opinions 12 (2015).
  • "Raising the Stakes in Patent Cases," 101 Georgetown Law Journal 637 (2013) (with Anup Malani).ssrn cu
  • "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).ssrn cu
  • "Libertarian Paternalism, Path Dependence, and Temporary Law," 81 University of Chicago Law Review 291 (2014) (with Tom Ginsburg & Richard H. McAdams).ssrn cu
  • "Well-Being Analysis vs. Cost-Benefit Analysis," 62 Duke Law Journal 1603 (2013) (with John Bronsteen & Christopher Buccafusco).ssrn cu
  • "Inflation Indicators," 121 Yale Law Journal 375 (2012).ssrn cu
  • "Costly Intellectual Property," 65 Vanderbilt Law Review 677 (2012) (with David Fagundes).ssrn cu
  • "Regulation, Unemployment, and Cost-Benefit Analysis," 98 Virginia Law Review 579 (2012) (with Eric Posner).ssrn cu
  • "Patent Liability Rules as Search Rules," 78 University of Chicago Law Review 187 (2011).ssrn cu
  • "Patent Inflation," 121 Yale Law Journal 470 (2011).ssrn cu
  • "Regulating Patents," 2010 Supreme Court Review 275 (2011).ssrn cu
  • "Climate Regulation and the Limits of Cost-Benefit Analysis," 99 California Law Review 1557 (2011) (with Eric Posner).ssrn cu
  • "Welfare as Happiness," 98 Georgetown Law Journal 1583 (2010) (with John Bronsteen & Christopher Buccafusco).ssrn cu
  • "The Institutional Dynamics of Transition Relief," 85 New York University Law Review 391 (2010) (with Jonathan Nash).ssrn cu
  • "Retribution and the Experience of Punishment," 98 California Law Review 1463 (2010) (with John Bronsteen & Christopher Buccafusco).ssrn cu
  • "Costly Screens and Patent Examination," 2 Journal of Legal Analysis 687 (2010).ssrn cu
  • "Licensing of Intellectual Property," 78 University of Chicago Law Review 1 (2011) (with Omri Ben-Shahar & Richard A. Epstein ).
  • Comment, "Booker Reconsidered ," 77 University of Chicago Law Review 1091 (2010).ssrn cu
  • "Against Feasibility Analysis," 77 University of Chicago Law Review 657 (2010) (with Eric Posner).ssrn cu
  • "Happiness and Punishment," 76 University of Chicago Law Review 1037 (2009) (with John Bronsteen & Christopher Buccafusco).ssrn cu
  • "Describing the Effect of Adaptation on Settlement," 109 Columbia Law Review Sidebar 21 (2009) (with John Bronsteen & Christopher Buccafusco).
  • "The PTO's Future: Reform or Abolition?," 158 University of Pennsylvania Law Review 1 (2009).cu
  • "Hedonic Adaptation and the Settlement of Civil Lawsuits," 108 Columbia Law Review 1516 (2008) (with John Bronsteen & Christopher Buccafusco).ssrn cu
  • "Probability Thresholds," 92 Iowa Law Review 1293 (2007).ssrn cu
  • "Judicial Deference and the Credibility of Agency Commitments," 60 Vanderbilt Law Review 1021 (2007).ssrn cu
  • "A Hard Look or a Blind Eye: Administrative Law and Military Deference," 56 Hastings Law Journal 441 (2004).ssrn 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 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).
  • "Unemployment and Regulatory Policy," in Does Regulation Kill Jobs?, Cary Coglianese, Adam Finkel & Chris Carrigan eds. (University of Pennsylvania Press, 2013) (with Eric Posner).
  • "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).

Working Papers

  • "The Use and Misuse of Patent Licenses," Coase-Sandor Working Paper Series in Law and Economics, No. 729 (2015).ssrn cu
  • "Toward a Pigovian State," Coase-Sandor Working Paper Series in Law and Economics, No. 716 (2015) (with Eric Posner).ssrn cu
  • "Well-Being and Public Policy," Coase-Sandor Working Paper Series in Law and Economics, No. 707 (2014) (with John Bronsteen & Christopher Buccafusco ).ssrn cu

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.
  • "The Deep Incoherence of Trump’s Executive Order on Regulation," Yale Journal on Regulation: Notice & Comment, February 7, 2017.
  • "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).
  • "How will Nautilus Affect Indefiniteness at the PTO?," Patently-O, June 5, 2014 (with Lisa Larrimore Ouellette).
  • "Prizes and Grants: A Commentary on Burstein & Murray, and on Sampat," Balkinization, March 21, 2014.

“Unquantified Benefits: The Problem of Regulation under Uncertainty,” Northwestern Law & Economics Workshop, Northwestern Law School, January 2016; Conference on Regulation under Deep Uncertainty, University of Chicago, June 2015

“Toward a Pigouvian State,” Columbia Tax Workshop, Columbia Law School, October 2015; American Law and Economics Association (ALEA) Annual Meeting, Columbia University, May 2015

“The Use and Misuse of Patent Licenses,” Intellectual Property Scholars Conference, DePaul Law School, August 2015

“Quadratic Patent Policy,” Conference on Intellectual Property and Administrative Law, University of Houston College of Law, March 2015

“The Use and Misuse of Licenses in Calculating Patent Damages,” Works in Progress in Intellectual Property, United States Patent and Trademark Office, February 2015

“Deference Mistakes,” Intellectual Property Scholars Conference, Boalt School of Law, August 2014

“An Administrative Typology of Consumer Protection,” The Law and Economics of Consumer Protection in China at University of Chicago Center in Beijing, June 2014 

“Two-Part Pricing and the Cost of Patents,” American Law and Economics Association Annual Meeting, May 2014; ETH Zurich Law & Economics Workshop, October 2013

“Innovation and Incarceration,” ETH Zurich Law & Economics Workshop, October 2013

“Libertarian Paternalism, Path Dependence, and Temporary Law.” American Law and Economics Association Annual Meeting, May 2013; Tel Aviv University Law School Law & Economics Workshop, April 2013; UCLA Law School Law & Economics Workshop, January 2013

“Regulation and Unemployment,” American Law and Economics Association Annual Meeting, May 2012

“Patent Inflation,” Yale Law School Law, Economics, and Organization Workshop, October 2011; Columbia University School of Law Law & Economics Workshop, October 2011; University of Virginia School of Law Law & Economics Colloquium, October 2011; USC School of Law Law & Economics Workshop; Stanford-Yale Junior Faculty Forum, June 2011; American Law and Economics Association Annual Meeting, May 2011; University of Pennsylvania Law School Center for Technology, Competition, and Innovation, December 2010; Intellectual Property Scholars Conference at UC Berkeley School of Law, August 2010

"Climate Regulation and the Limits of Cost-Benefit Analysis,” Northwestern Law School Panel on Economic Responses to Climate Change, November 2010 

“Patent Liability Rules as Search Rules,” University of Chicago Law School Conference on the Licensing of Intellectual Property, June 2010

“The Racial Happiness Gap,” University of Chicago Law School Conference on the Economics of Race, May 2010. 

"The Institutional Dynamics of Transition Relief," American Law and Economics Association Annual Meeting, May 2010

"Against Feasibility Analysis," Society for Environmental Law and Economics Annual Meeting, March 2010; University of Illinois Advanced Seminar in Law and Economics, February 2010

"Costly Intellectual Property," University of Illinois Faculty Workshop, February 2010

"Well-Being Analysis," Midwestern Law and Economics Association Annual Meeting, September 2009

"Differential Process Costs and the Creation of Intellectual Property," Intellectual Property Scholars Conference at Cardozo Law School, August 2009

"Happiness and Punishment," Works in Progress Seminar at University of Chicago Law School, June 2009; Crime and Punishment Workshop at University of Chicago School of Law, January 2009

"Costly Screens and Value Asymmetries," American Law and Economics Association Annual Meeting, May 2009

"International Agreements and Internal Heterogeneity: The 'Two Chinas' Problem, "Society for Environmental Law and Economics Annual Meeting, March 2009

"Institutional Design at the Patent and Trademark Office," Pennsylvania Law Review Intellectual Property Symposium at University of Pennsylvania Law School, January 2009

"Terrorism Insurance: Moral Hazards and Market Failures," Searle Conference on Insurance at Northwestern Law School, April 2008 (panel commentator)

"Judicial Deference and the Credibility of Agency Commitments," American Law and Economics Association Annual Meeting, May 2007

"Process Costs and Passive Screening," Junior Administrative Law Scholars Conference at University of California–Berkeley School of Law, August 2007

"Birthright Citizenship: Constitutional Issues and Normative Implications," Panel on Citizenship at University of Chicago Law School, April 2006

"Probability Thresholds," Work-in-Progress Seminar at University of Chicago Law School, April 2006

"Probability Thresholds, in First Amendment Law and Elsewhere," Chicago Junior Faculty Workshop, February 2006

Premeditation and Responsibility in The Stranger

An Administrative Typology of Consumer Protection

Happiness and the Law, book manuscript with John Bronsteen and Christopher Buccafusco

MEMBERSHIP AND PROFESSIONAL AFFILIATIONS

  • American Law and Economics Association
  • Law and Society Association

EDITORIAL WORK

  • Referee, Journal of Legal Studies
  • Referee, Journal of Law & Economics