Browsing HLS Scholarly Articles by Author "Kaplow, Louis"
Now showing items 1-20 of 65
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Accuracy in the Assessment of Damages
Kaplow, Louis; Shavell, Steven (University of Chicago Press, 1996)Assessment of damages is a principal issue in litigation and, in light of this, we consider the social justification for, and the private benefits of, accurate measurement of harm. Greater accuracy induces injurers to ... -
Accuracy in the Determination of Liability
Kaplow, Louis; Shavell, Steven (University of Chicago Press, 1994)No abstract provided. -
The Accuracy of Traditional Market Power Analysis and a Direct Adjustment Alternative
Kaplow, Louis (Harvard Law School, 1982)No abstract provided. -
Antitrust, Law & Economics, and the Courts
Kaplow, Louis (Duke University School of Law, 1987)No abstract provided. -
Any Non-welfarist Method of Policy Assessment Violates the Pareto Principle
Kaplow, Louis; Shavell, Steven (University of Chicago Press, 2001)The public at large, many policymakers, and a number of economists hold views of social welfare that are non‐welfarist. That is, they attach some importance to factors other than the effects of policies on individuals’ ... -
Any Non‐welfarist Method of Policy Assessment Violates the Pareto Principle: Reply
Kaplow, Louis; Shavell, Steven (University of Chicago Press, 2004)No abstract provided. -
Burden of Proof
Kaplow, Louis (Yale Law School, 2012)The burden of proof is a central feature of all systems of adjudication, yet one that has been subject to little normative analysis. This Article examines how strong evidence should have to be in order to assign liability ... -
Choosing Expensive Tastes
Kaplow, Louis (Taylor & Francis Group, Routledge, 2007)Expensive tastes play an important role in contemporary theories of distributive justice. In particular, some suggest that individuals are not entitled to compensation for low well-being that is attributable to expensive ... -
Concavity of Utility, Concavity of Welfare, and Redistribution of Income
Kaplow, Louis (Kluwer Academic Publishers, 2010)The marginal social value of income redistribution is understood to depend on both the concavity of individuals’ utility functions and the concavity of the social welfare function. In the pertinent literatures, notably on ... -
Direct versus Communications-Based Prohibitions on Price Fixing
Kaplow, Louis (Oxford University Press, 2011)This article compares two policies toward coordinated oligopolistic price elevation. Most commentators endorse the view that the law should (and does) prohibit only those price elevations produced by certain sorts of ... -
Discounting Dollars, Discounting Lives: Intergenerational Distributive Justice and Efficiency
Kaplow, Louis (University of Chicago Press, 2007)The view that intergenerational distributive justice and efficiency should be treated separately is familiar, yet controversial. This Article elaborates the often-implicit justifications for separate treatment and provides ... -
An Economic Analysis of Legal Transitions
Kaplow, Louis (Harvard Law Review, 1986)No abstract provided. -
An Economic Approach to Price Fixing
Kaplow, Louis (American Bar Association, 2011)This article examines optimal policy toward coordinated oligopolistic price elevation. First, it analyzes the social welfare implications of enforcement, elaborating the value of deterrence and the nature of possible ... -
Evaluating Public Goods and Regulations: Response
Kaplow, Louis (American Economic Association, 2005)Response by Louis Kaplow on the commentary, "Evaluation Public Goods and Regulations" by Lawrence H. Goulder, Ian W. H. Parry, and Roberton C. Williams III. -
Extension of Monopoly Power through Leverage
Kaplow, Louis (Columbia Law Review Association, Inc., 1985)No abstract provided. -
Fairness Versus Welfare
Kaplow, Louis; Shavell, Steven (Harvard Law School, 2001)The thesis of this Article is that the assessment of legal policies should depend exclusively on their effects on individuals'welfare. In particular, in the evaluation of legal policies, no independent weight should be ... -
Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice
Kaplow, Louis; Shavell, Steven (University of Chicago Press, 2003)In Fairness versus Welfare, we advance the thesis that social policies should be assessed entirely on the basis of their effects on individuals’ well‐being. This thesis implies that no independent weight should be accorded ... -
Fiscal Federalism and the Deductibility of State and Local Taxes in a Federal Income Tax
Kaplow, Louis (Virginia Law Review Association, 1996)Whether state and local taxes are deductible is believed to have important effects on revenue, tax equity, and the operation of state and local governments. This Article's analysis of deductibility draws on previous work ... -
Government Policy and Labor Supply with Myopic or Targeted Savings Decisions
Kaplow, Louis (University of Chicago Press, 2015)A central justification for social insurance and for other policies aimed at retirement savings is that individuals may fail to make adequate provision during their working years. Much research has focused on myopia and ... -
Government Relief for Risk Associated with Government Action
Kaplow, Louis (Wiley-Blackwell, 1992)A significant source of risk arises from uncertainty concerning future government policy. Government action - tax reform, deregulation, judicial decisions, budgetary shifts - produces gains and losses for those who invested ...