Nuisance

This essay sets out the law and the economic theory of nuisance. Nuisance law serves a regulatory function: it induces actors to choose the socially preferred level of an activity by imposing liability when the externalized costs of the activity are substantially greater than the externalized benefits or not reciprocal to other background external costs. Proximate cause doctrine plays a role in supplementing nuisance law

Optimal remedies for patent infringement

© 2017 Elsevier Inc. This paper derives optimal remedies for patent infringement, examining damages awards and injunctions. The fundamental optimality condition that applies to both awards and injunctions equates the marginal static cost of intellectual property protection with the marginal “dynamic” benefit from the innovation thereby induced. When the social value of the patent is sufficiently high, the optimal award induces socially efficient investment by giving the innovator the entire social value of her investment

Reverse Engineering Legal Reasoning

This chapter describes a novel and valuable approach to the relationship between economic analysis and the law called “reverse engineering legal reasoning”. Social engineering conceives of the law as a means to social ends and of the economist as the technician studying to what extent laws are fit for purpose. Building on this idea, reverse engineering legal reasoning is a way to identify economic concepts that describe—are coherent with or fit—the content of legal reasoning. To do so, alternative economic hypotheses about the content of legal reasoning are formulated. On these grounds, the degree of coherence between economic concepts and legal reasoning can be made explicit. Reverse engineering legal reasoning extends the focus of positive economic analysis from the effects of the law to its content. It is useful for economists to suggest ways to increase the effectiveness of the legal system; to contribute to its functioning; as source of evidence to test economic assumptions; and to solve disagreements among economists, especially in relation to value choices