Keith N. Hylton
Education
Harvard University
B.A., 1982, magna cum laude.Massachusetts Institute of Technology
Ph.D. (Economics), 1986.Harvard Law School
J.D., 1989.
Emplyoment
Boston University School of Law
Professor, August 1995 - present.Northwestern University School of Law
Associate Professor, September 1992 - August 1995.
Assistant Professor, September 1989 - August 1992.American Bar Foundation
Research Fellow, June 1989 - September 1992.
Research Interests
Law and economics generally, with specific interests in torts, litigation theory, antitrust, labor and corporate law.
Teaching Experience
Law: Antitrust, Torts, Labor and Employment Law
Economics: Economics, Law and Economics, Econometrics
Public/Professional Service
Editor, Torts, Product Liability, and Insurance Law Abstracts, published by the Legal Scholarship Network division of the Social Science Research Network, 1999 – present.
Co-Editor, Competition Policy International, since January 2005.
Member, American Law Institute, 2002 – present.
Board of Directors and Executive Board, American Law and Economics Association, 1998 – 2001.
Chair, Torts and Compensation Section, Association of American Law Schools, 2002-2003
Executive Committee, Torts and Compensation Section, Association of American Law Schools, 1997 - present.
Chair, Antitrust and Economic Regulation Section, Association of American Law Schools, 2005.
Executive Board, Antitrust and Economic Regulation Section, Association of American Law Schools, 2001-present.
Editorial Board, Journal of Legal Education, 1996 - 1998 term.
Amicus Briefs
Brief of Keith N. Hylton as Amicus Curiae in Support of Respondents, State Farm Mutual Automobile Insurance Company v. Curtis Campbell and Inez Preece Campbell, United State Supreme Court (text of brief available on Westlaw, at SCT-BRIEFS).
Brief of Keith N. Hylton as Amicus Curiae in Support of Petitioners, Greg Johnson v. Ford Motor Company, California Supreme Court.
Publications
"Antitrust Around the World," Antitrust Law Journal (forthcoming).
"Asbestos and Mass Torts with Fraudulent Victims," in Symposium on Perspectives on Asbestos Litigation, Southwestern Law Review (forthcoming).
"Calabresi’s Influence on Law and Economics," in Founders of Law and Economics (forthcoming).
"The Law and Economics of Monopolization Standards," Antitrust Law and Economics (forthcoming).
"Political Economy of Criminal Procedure," with Vic Khanna, in Criminal Law and Economics, N. Garoupa, ed., Edward Elgar Publishing (forthcoming).
"Preemption and Products Liability: A Positive Theory," Supreme Court Economic Review (forthcoming).
"Due Process and Punitive Damages: An Economic Approach," in Symposium on Punitive Damages, 2 Charleston Law Review 345 (2008).
"A Positive Theory of Strict Liability," 4 Review of Law & Economics 153 (2008).
"A Theory of Wealth and Punitive Damages," in Symposium on "Crimtorts", 17 Widener Law Journal (2008).
"Weyerhaeuser, Predatory Bidding, and Error Costs," 53 The Antitrust Bulletin 51 (2008).
"Biomedical Ethics and the Law: A Critical Perspective," in Symposium on Bioethics, 15 Annual Review of Law and Ethics 611 (2007).
"Property Rules, Liability Rules, and Immunity: An Application to Cyberspace," 87 Boston University Law Review 1 (2007).
"Reflections on Remedies and Philip Morris v. Williams," in Symposium on Remedies: Justice and the Bottom Line, 27 The Review of Litigation 9 (Fall 2007).
"Toward a Public Choice Theory of Criminal Procedure," with Vic Khanna, 15 Supreme Court Economic Review 61 (2007).
"Development Lending and the Community Reinvestment Act," in Symposium on Community Economic Development, 29 Western New England Law Review 59 (2006).
"Duty in Tort Law: An Economic Approach," in Symposium on Internal Point of View in Law, 75 Fordham Law Review 1501 (2006).
"Information, Litigation, and Common Law Evolution," 8 American Law and Economics Review 33 (2006).
"Property Rules and Liability Rules, Once Again," 2 Review of Law & Economics 137 (2006).
"Torts and Choice of Law: Searching for Principles," 56 Journal of Legal Education 551 (2006).
"Arbitration: Governance Benefits and Enforcement Costs," in Symposium on Federal Courts, 80 Notre Dame Law Review 489 (2005).
"Calabresi and the Intellectual History of Law and Economics," in Symposium on Calabresi, 64 Maryland Law Review 85 (2005).
"Should Tort Damages Be Multiplied?" with Thomas J. Miceli, 21 Journal of Law, Economics, and Organization 388 (2005).
"The Theory of Penalties and the Economics of Criminal Law," 1 Review of Law and Economics 175 (2005).
"A Framework for Reparations Claims," keynote in Symposium on Reparations, 24 Boston College Third World Law Journal 31 (2004).
"Introduction," to Symposium on the Jurisprudence of Slavery Reparations, with H. Dagan and A. Sebok, 84 Boston University Law Review 1135 (2004).
"Law and Economics of Mandatory Arbitration Agreements," in Alternative Dispute Resolution in the Employment Arena: Proceedings of New York University 53rd Annual Conference on Labor 257, S. Estreicher and D. Sherwyn, eds., Kluwer Law International (2004).
"Slavery and Tort Law," in Symposium on The Jurisprudence of Slavery Reparations, 84 Boston University Law Review 1209 (2004).
Antitrust Law: Economic Theory and Common Law Evolution, Cambridge University Press (2003).
"The Economics of Litigation and Arbitration: An Application to Franchise Contracts," with Christopher Drahozal, 32 Journal of Legal Studies 549 (2003).
"Law and the Future of Organized Labor in America," 49 Wayne Law Review 685 (2003).
"Preemption and Products Liability: A Positive Theory," Boston University School of Law Working Paper Series 03-17 (August 11, 2003).
"An Asymmetric Information Model of Litigation," 22 International Review of Law and Economics 153 (2002).
"Reply to Grimes, Illusory Distinctions and Schisms in Tying Law," with Michael Salinger, 71 Antitrust Law Journal 231 (2002).
"Welfare Implications of Costly Litigation under Strict Liability," 4 American Law and Economics Review 18 (2002).
"When Should We Prefer Tort Law to Environmental Regulation?" 41 Washburn Law Journal 515 (2002).
"Antitrust Intent," with Ronald A. Cass, 74 Southern California Law Review 657 (2001).
"The Economics of Litigation and Arbitration: An Application to Franchise Contracts," with Christopher R. Drahozal, Boston University School of Law Working Paper Series 01-03 (April 6, 2001).
"The Law and Economics of Agreements to Arbitrate Employment Claims," in NYU Working Papers on Labor and Employment Law: 1998-1999, Michael J. Yelnosky, ed., Kluwer Law International (2001).
"The Theory of Tort Doctrine and the Restatement of Torts," 54 Vanderbilt Law Review 1413 (2001).
"Toward an Economic Theory of Pro-Defendant Criminal Procedure," with Vikramaditya S. Khanna, Boston University School of Law Working Paper Series 01-02 (March 30, 2001).
"Tying Law and Policy: A Decision Theoretic Approach," with Michael Salinger, 69 Antitrust Law Journal 469 (2001).
"Agreements to Waive or to Arbitrate Legal Claims: An Economic Analysis," 8 Supreme Court Economic Review 209 (2000).
"An Asymmetric Information Model of Litigation," Boston University School of Law Working Paper Series 00-03 (July 5, 2000).
"Banks and Inner Cities: Market and Regulatory Obstacles to Development Lending," 17 Yale Journal on Regulation 197 (2000).
"The Law and Economics of Agreements to Arbitrate Employment Claims," Boston University School of Law Working Paper Series 00-04 (July 21, 2000).
"Property Rights and the Human Body," in Encyclopedia of the American Constitution 2057, 2d ed., Levy and Karst, eds. (2000).
"The Community Reinvestment Act: Questionable Premises and Perverse Incentives," (with V. Rougeau), 18 Annual Review of Banking Law 163 (1999).
"A Note on Trend-Spotting in the Case Law," 40 Boston College Law Review 891 (1999).
"Preserving Competition: Economic Analysis, Legal Standards and Microsoft," (with Ronald A. Cass) 8 George Mason Law Review 1 (1999). Reprinted in Microsoft, Antitrust and the New Economy: Selected Essays, David S. Evans, ed. (2002).
"Procompetitive Theories of Vertical Control," (with Andy C. M. Chen) 50 Hastings Law Journal 573 (1999).
"Welfare Implications of Costly Litigation Under Strict Liability," Boston University School of Law Working Paper Series 99-13 (October 22, 1999).
"Measuring Market Power When the Firm Has Power in the Input and Output Markets," (with Mark Lasser), in Economic Inputs, Legal Outputs: The Role of Economists in Modern Antitrust (Fred McChesney, ed.), New York: Wiley.
"Punitive Damages and the Economic Theory of Penalties," 87 Georgetown Law Journal 421.
"Labor and the Supreme Court: Review of the 1996-1997 Term." 13 Labor Lawyer 263.
"Implications of Mill's Theory of Liberty for the Regulation of Hate Speech and Hate Crimes," 3 University of Chicago Law School Roundtable 35.
"The Law and Ethics of Organ Sales," 4 Annual Review of Law and Ethics (Symposium on Bioethics and the Law) 115.
"Lending Discrimination: Economic Theory, Econometric Evidence, and the Community Reinvestment Act," (with V. Rougeau), 85 Georgetown Law Journal 237.
"A Missing Markets Theory of Tort Law," 90 Northwestern University Law Review 977.
"Optimal Law Enforcement and Victim Precaution," 27 Rand Journal of Economics 197.
"Rule 68, The Modified British Rule, and Civil Litigation Reform," 1 Michigan Law and Policy Review 73.
"A Theory of Minimum Contract Terms, with Implications for Labor Law," 74 Texas Law Review 1741.
"Fee Shifting and Predictability of Law," 71 Chicago-Kent Law Review 427.
"An Economic Theory of the Duty to Bargain," 83 Georgetown Law Journal 19.
Review of Agenda for Reform: The Future of Employment Relationships and the Law, by William B. Gould IV, 32 Journal of Economic Literature 1907.
"Asymmetric Information and the Selection of Disputes for Litigation," 22 Journal of Legal Studies 187.
"Efficiency and Labor Law," 87 Northwestern University Law Review 471.
"Fee Shifting and Incentives to Comply with the Law," 46 Vanderbilt Law Review 1069.
"Litigation Cost Allocation Rules and Compliance with the Negligence Standard," 22 Journal of Legal Studies 457.
"Efficiency and Labor Law," Northwestern University Law Review, December 1992. Reprinted in Foundations of Labor and Employment Law, Estreicher and Schwab, eds.
"The Internalization Paradox and Workers' Compensation," (with S. Laymon), 21 Hofstra Law Review 109.
"Economic Rents and Essential Facilities," 1991 Brigham Young University Law Review 1243.
"Litigation Costs and the Economic Theory of Tort Law," 46 University of Miami Law Review 111.
"Costly Litigation and Legal Error under Negligence," 6 Journal of Law, Economics, and Organization 433.
"The Influence of Litigation Costs on Deterrence under Strict Liability and under Negligence," 10 International Review of Law and Economics 161.
"The Law and Economics of Organ Procurement," 12 Law & Policy 197.
"Rent Appropriation and the Labor Law Doctrine of Successorship," (with Maria O'Brien Hylton), 70 Boston University Law Review 821.
"Rational Decisions and Regulation of Union Entry," (with Maria O'Brien Hylton), 34 Villanova Law Review 145.
"Are MIT Students Rational?" (with Nils Gottfries), 8 Journal of Economic Behavior and Organization 113.
"Testing Overidentifying Restrictions with Inefficient Estimators," 25 Economics Letters 43.
"A Note on the Inefficiency of Non-Linear Estimators," 17 Economics Letters 347.
"Illusory Wage Differentials: Comment," 74 American Economic Review 1124.