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Brandeis and Holmes, Business and Economics, Then and Now

Author

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  • Posner Richard A

    (U.S. Court of Appeals for the Seventh Circuit; University of Chicago Law School)

Abstract

This Article attempts to explain the views about business of Brandeis and Holmes. The Article analyses why their economic thinking differed as it did; to what extent it comports with a modern understanding of economics; and how Holmes and Brandeis could have been such close allies when their economic theories differed as fundamentally as they did. Finally, the Article addresses the consequences and current significance of, if any, the theories of Brandeis and Holmes, with particular though not exclusive reference on the one hand to antitrust law and on the other hand to the current crisis of corporate governance.

Suggested Citation

  • Posner Richard A, 2005. "Brandeis and Holmes, Business and Economics, Then and Now," Review of Law & Economics, De Gruyter, vol. 1(1), pages 1-14, April.
  • Handle: RePEc:bpj:rlecon:v:1:y:2005:i:1:n:1
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    References listed on IDEAS

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    1. Levmore, Saul, 1993. "The Case for Retroactive Taxation," The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 265-307, June.
    2. Fischel, Daniel R & Sykes, Alan O, 1999. "Governmental Liability for Breach of Contract," American Law and Economics Review, Oxford University Press, vol. 1(1-2), pages 313-385, Fall.
    3. Spurr, Stephen J., 1991. "An economic analysis of collateral estoppel," International Review of Law and Economics, Elsevier, vol. 11(1), pages 47-61, May.
    4. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    5. Ben-Shahar, Omri, 1999. "The Erosion of Rights by Past Breach," American Law and Economics Review, Oxford University Press, vol. 1(1-2), pages 190-238, Fall.
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