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Economic Reasoning and Judicial Review


  • Stephen Breyer


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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    References listed on IDEAS

    1. Timothy J. Hatton, 2004. "Seeking asylum in Europe," Economic Policy, CEPR;CES;MSH, vol. 19(38), pages 5-62, April.
    2. DeVoretz, Don J. & Pivnenko, Sergiy & Beiser, Morton, 2004. "The Economic Experiences of Refugees in Canada," IZA Discussion Papers 1088, Institute for the Study of Labor (IZA).
    3. Joop Hartog & Aslan Zorlu, 2009. "How important is homeland education for refugees’ economic position in The Netherlands?," Journal of Population Economics, Springer;European Society for Population Economics, vol. 22(1), pages 219-246, January.
    4. Ralph Rotte & Michael Vogler, 2000. "The effects of development on migration: Theoretical issues and new empirical evidence," Journal of Population Economics, Springer;European Society for Population Economics, vol. 13(3), pages 485-508.
    5. Timothy J. Hatton, 2005. "European Asylum Policy," National Institute Economic Review, National Institute of Economic and Social Research, vol. 194(1), pages 106-119, October.
    6. Eric Neumayer, 2003. "Bogus Refugees? The Determinants of Asylum Migration to Western Europe," Labor and Demography 0311002, EconWPA, revised 19 May 2004.
    7. Eric Neumayer, 2003. "Asylum Recognition Rates in Western Europe - Their Determinants, Variation and Lack of Convergence," Labor and Demography 0312004, EconWPA, revised 02 Sep 2004.
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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. 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.
    3. Haucap, Justus, 2010. "Eingeschränkte Rationalität in der Wettbewerbsökonomie," DICE Ordnungspolitische Perspektiven 08, University of Düsseldorf, Düsseldorf Institute for Competition Economics (DICE).
    4. 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.
    5. Budzinski, Oliver, 2012. "Würde eine unabhängige europäische Wettbewerbsbehörde eine bessere Wettbewerbspolitik machen?," Ilmenau Economics Discussion Papers 78, Ilmenau University of Technology, Institute of Economics.
    6. 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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