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Economic Reasoning and Judicial Review

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  • Stephen Breyer

Abstract

This article considers the use of the economics in the law in the context of the US Supreme Court, of which the author is one of the Justices. It focuses on three cases where he has dissented, the first considering whether the Environmental Protection Agency may consider economic costs, the second whether a bright line rule or a rule of reason should apply to resale price maintenance and the third on whether copyright protection should be extended by a further 20 years. Copyright © The Author(s). Journal compilation © Royal Economic Society 2009.

Suggested Citation

  • Stephen Breyer, 2009. "Economic Reasoning and Judicial Review," Economic Journal, Royal Economic Society, vol. 119(535), pages 123-135, February.
  • Handle: RePEc:ecj:econjl:v:119:y:2009:i:535:p:f123-f135
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    File URL: http://www.blackwell-synergy.com/doi/abs/10.1111/j.1468-0297.2008.02233.x
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    Citations

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    Cited by:

    1. Oliver Budzinski, 2009. "Modern Industrial Economics and Competition Policy: Open Problems and Possible Limits," Working Papers 93/09, University of Southern Denmark, Department of Sociology, Environmental and Business Economics.
    2. repec:rnp:ecopol:ep1746 is not listed on IDEAS
    3. Bougette, Patrice & Deschamps, Marc & Marty, Frédéric, 2015. "When Economics Met Antitrust: The Second Chicago School and the Economization of Antitrust Law," Enterprise & Society, Cambridge University Press, vol. 16(02), pages 313-353, June.
    4. Haucap, Justus, 2010. "Eingeschränkte Rationalität in der Wettbewerbsökonomie," DICE Ordnungspolitische Perspektiven 08, University of Düsseldorf, Düsseldorf Institute for Competition Economics (DICE).
    5. Budzinski Oliver & Kuchinke Björn A., 2012. "Deal or No Deal? Consensual Arrangements as an Instrument of European Competition Policy," Review of Economics, De Gruyter, vol. 63(3), pages 265-292, December.
    6. Budzinski, Oliver, 2012. "Würde eine unabhängige europäische Wettbewerbsbehörde eine bessere Wettbewerbspolitik machen?," Ilmenau Economics Discussion Papers 78, Ilmenau University of Technology, Institute of Economics.
    7. repec:kap:ejlwec:v:45:y:2018:i:2:d:10.1007_s10657-016-9537-0 is not listed on IDEAS
    8. Jürgen-Peter Kretschmer, 2014. "How to deal with resale price maintenance: What can we learn from empirical results?," European Journal of Law and Economics, Springer, vol. 38(2), pages 343-368, October.

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