Now showing items 21-40 of 64

    • Incentives and Government Relief for Risk 

      Kaplow, Louis (Springer Verlag, 1991)
      Government relief is offered for a wide range of risks - - natural disaster, economic dislocation, sickness and injury. This paper explores the effect of such relief on incentives and the allocation of risk in a model with ...
    • The Income Tax as Insurance: The Casualty Loss and Medical Expense Deductions and the Exclusion of Medical Insurance Premiums 

      Kaplow, Louis (California Law Review, 1991)
      Whether personal income tax deductions are appropriate refinements to the concept of income or are unwarranted tax expenditures continues to be the subject of debate. The casualty loss and medical expense deductions are ...
    • Income Tax Deductions for Losses as Insurance 

      Kaplow, Louis (American Economic Association, 1992)
      The federal income tax allows deductions for some categories of personal losses, notably for casualty losses (such as destruction of one's home or car) and medical expenses above a threshold. The latter, even with lower ...
    • Information and the Aim of Adjudication: Truth or Consequences? 

      Kaplow, Louis (2015)
      Adjudication is fundamentally about information, usually concerning individuals’ previous or proposed behavior. Legal system design is challenging because information ordinarily is costly and imperfect. This Article analyzes ...
    • Legal Advice about Information to Present in Litigation: Its Effects and Social Desirability 

      Kaplow, Louis; Shavell, Stephen (The Harvard Law Review Association, 1989)
      Legal advice provided in the course of litigation often concerns the selection of information to present to a tribunal. Professors Kaplow and Shavell examine the effects and social desirability of this kind of advice. They ...
    • Likelihood Ratio Tests and Legal Decision Rules 

      Kaplow, Louis (Oxford University Press, 2014)
      Various legal decision-making criteria can be formulated as likelihood ratio tests, wherein liability, prohibition, or other outcomes are associated with evidence strength exceeding a posited threshold. Stating rules in ...
    • Market Definition 

      Kaplow, Louis (Oxford University Press, 2014)
      Market definition has long held a central place in competition law. This entry surveys recent analytical work that has called the market definition paradigm into question on a number of fronts: whether the process is ...
    • Market Definition Alchemy 

      Kaplow, Louis (Harvard John M. Olin Center for Law, Economics, and Business, 2013)
      In a recent series of articles, I argue that the market definition/market share paradigm should be abandoned entirely. Among my central claims are that: (1) as a matter of economic logic, there exists no valid way to infer ...
    • Market Definition and the Merger Guidelines 

      Kaplow, Louis (Springer Nature, 2011)
      The recently issued revision of the U.S. Horizontal Merger Guidelines, like its predecessors and mirrored by similar guidelines throughout the world, devotes substantial attention to the market definition process and the ...
    • Market Definition, Market Power 

      Kaplow, Louis (2015)
      Market definition and market power are central features of competition law and practice but pose serious challenges. On one hand, market definition suffers decisive logical infirmities that render it infeasible, unnecessary, ...
    • Market Share Thresholds: On the Conflation of Empirical Assessments and Legal Policy Judgments 

      Kaplow, Louis (Oxford University Press, 2011)
      In competition law, market power requirements are often articulated in terms of market shares. The use of market share thresholds, however, conflates two distinct questions: (1) How much market power exists in a given ...
    • Moral Rules, the Moral Sentiments, and Behavior: Toward a Theory of an Optimal Moral System 

      Kaplow, Louis; Shavell, Steven (University of Chicago Press, 2007)
      How should moral sanctions and moral rewards—the moral sentiments involving feelings of guilt and of virtue—be employed to govern individuals’ behavior if the objective is to maximize social welfare? In the model that we ...
    • Multistage Adjudication 

      Kaplow, Louis (Harvard University, Harvard Law School, 2013)
      Legal proceedings often involve multiple stages: U.S. civil litigation allows motions to dismiss and for summary judgment prior to trial; government agencies as well as prosecutors employ investigative and screening processes ...
    • A Note on the Optimal Supply of Public Goods and the Distortionary Cost of Taxation 

      Kaplow, Louis (National Tax Association, 1998)
      In my original paper, I demonstrated that, under standard simplifying assumptions, it is possible to finance a public good in a manner such that a Pareto improvement results whenever the simple cost-benefit test is ...
    • On the (Ir)Relevance of Distribution and Labor Supply Distortion to Government Policy 

      Kaplow, Louis (American Economic Association, 2004)
      No abstract provided.
    • On the Choice of Welfare Standards in Competition Law 

      Kaplow, Louis (John M. Olin Center for Law, Economics, and Business. Harvard Law School., 2011)
      This article addresses two issues relating to the choice between a consumer welfare and total welfare standard for competition law. First, it considers whether distributive considerations may favor a consumer welfare ...
    • On the Meaning of Horizontal Agreements in Competition Law 

      Kaplow, Louis (California Law Review Inc., 2011)
      Competition law’s prohibition on price fixing and related horizontal agreements is one of its few uncontroversial provisions and is understood to be well grounded in economic principles that are taken to provide the ...
    • On the Optimal Burden of Proof 

      Kaplow, Louis (University of Chicago Press, 2011)
      The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement ...
    • On the Taxation of Private Transfers 

      Kaplow, Louis (Harvard John M. Olin Center for Law, Economics, and Business, 2010)
      This essay considers the appropriate conceptual framework for assessing the taxation of private transfers to individuals. Although it is conventional to emphasize the role of estate and gift taxation or inheritance taxation ...
    • Optimal Income Transfers 

      Kaplow, Louis (Kluwer Academic Publishers, 2007)
      A substantial literature addresses the design of transfer programs and policies, including the negative income tax, other means-tested transfers, the earned income tax credit, categorical assistance, and work inducements. ...