Keith N. Hylton

William Fairfield Warren Distinguished Professor

Professor of Law

BA magna cum laude, Harvard University
JD, Harvard University
PhD in Economics, Massachusetts Institute of Technology

Areas of Interest
Antitrust Law, Economics & Law, Employment Law, Intellectual Property, Torts
Contact
Biography

Keith Hylton, a William Fairfield Warren Distinguished Professor of Boston University and Professor of Law at Boston University School of Law, joined the BU Law faculty in 1995 after teaching for six years and receiving tenure at Northwestern University School of Law. He is a prolific scholar who is widely recognized for his work across a broad spectrum of topics in law and economics, including tort law, antitrust, labor law, intellectual property, civil procedure, and empirical legal analysis. He has published five books and more than 100 articles in numerous law and economics journals, and serves as an associate editor of the International Review of Law and Economics, a contributing editor of the Antitrust Law Journal, co-editor of Competition Policy International, and editor of the Social Science Research Network’s Torts and Products Liability Law Abstracts. He is currently president of the American Law and Economics Association (2017–2018 term).  He is a former chair of the Section on Torts and Compensation Systems of the American Association of Law Schools, a former chair of the Section on Antitrust and Economic Regulation of the American Association of Law Schools, a former director of the American Law and Economics Association, a former secretary of the American Bar Association Labor and Employment Law Section, a former member of the editorial board of the Journal of Legal Education, former chair of the Law and Economics section of the American Association of Law Schools, and a current member of the American Law Institute.

Publications
  1. Keith Hylton, "Enhanced Damages for Patent Infringement: A Normative Approach," Review of Litigation (forthcoming).
    SSRN
  2. Keith Hylton, "Antitrust and Intellectual Property: A Brief Introduction," in Cambridge Handbook of Antitrust, Intellectual Property and High Tech 81-91, Roger D. Blair & D. Sokol, eds., Cambridge University Press (2017). SSRN | Publisher
  3. Keith Hylton, "Economics of Criminal Procedure," in The Oxford Handbook of Law and Economics, Vol. III: Public Law & Legal Institutions 325, Francesco Parisi, ed., Oxford University Press (2017). Publisher
  4. Keith Hylton, "The Economics of Class Actions and Class Action Waivers," 23 Supreme Court Economic Review 305 (2016).
  5. Keith Hylton, "Law, Social Welfare, and Net Neutrality," Review of Industrial Organization (2016).
  6. Keith Hylton, "Patent Uncertainty: Toward a Framework with Applications," in Symposium Notice and Notice Failure in Intellectual Property Law, 96 Boston University Law Review 1117 (2016).
    SSRN | Publisher
  7. Keith Hylton, "Scalia and Antitrust," 30 (no.3) Antitrust 60 (2016).
    HeinOnline (BU) | HeinOnline
  8. Keith Hylton, "Should Antitrust Fines Target Firms or Agents?" in Global Antitrust Economics - Current Issues in Antitrust and Law & Economics 35, Douglas H. Ginsburg & Joshua D. Wright, eds., Concurrences Review (2016). Publisher
  9. Tort Law: A Modern Perspective, Cambridge University Press (2016).
    Publisher
  10. Keith Hylton, "Antitrust Enforcement Regimes: Fundamental Differences," in The Oxford Handbook of International Antitrust Economics 17, Roger D. Blair & D. Sokol, eds., Oxford University Press (2015). SSRN
  11. Keith Hylton, "Antitrust Snoops on the Loose," The Wall Street Journal A9 - Opinion (Apr 3, 2015). Reprinted in CPI Antitrust Chronicle (Jun 2015).
  12. Keith Hylton, "Deterrence and Antitrust Punishment: Firms Versus Agents," in Symposium Honoring Herbert Hovenkamp, 100 Iowa Law Review 2069 (2015).
    Publisher | HeinOnline (BU) | HeinOnline
  13. Keith Hylton, Haizhen Lin & Hyo-Youn Chu, "Negligence and Two-Sided Causation," 40 European Journal of Law and Economics 393 (2015).
    SSRN
  14. Keith Hylton, "Reverse Payments Post Actavis: A Litigation Quagmire?" CPI Antitrust Chronicle (Jul 2015).
  15. Keith Hylton, "The Economics of the Restatement and of the Common Law," in Symposium The Restatement of ..., 79 Brooklyn Law Review 595 (2014).
    SSRN | HeinOnline (BU) | HeinOnline
  16. Keith Hylton & Haizhen Lin, "Innovation and Optimal Punishment, with Antitrust Applications," 10 Journal of Competition Law and Economics 1 (2014).
    SSRN | Publisher
  17. Keith Hylton, "Nuisance," in Encyclopedia of Law and Economics, Living Reference Work edition, Jurgen Backhaus, ed., Springer, (2014).
    Publisher
  18. Keith Hylton, "Toward a Regulatory Framework for Third-Party Funding of Litigation," in Symposium Clifford Symposium on Tort Law and Social Policy, 63 DePaul Law Review 527 (2014).
    SSRN | HeinOnline (BU) | HeinOnline
  19. Keith Hylton, "A Unified Framework for Competition Policy and Innovation Policy," 22 Texas Intellectual Property Law Journal 163 (2014).
    HeinOnline (BU) | HeinOnline
  20. Keith Hylton, "Causation in Tort Law: A Reconsideration," in Research Handbook on the Economics of Torts 97, Jennifer Arlen, ed., Edward Elgar (2013). SSRN
  21. Keith Hylton & Sungjoon Cho, "Injunctive and Reverse Settlements in Competition-Blocking Litigation," 36 European Journal of Law and Economics 243 (2013).
    Publisher
  22. Keith Hylton, "The Law and Economics of Products Liability," 88 Notre Dame Law Review 2457 (2013).
    HeinOnline (BU) | HeinOnline
  23. Keith Hylton & Ronald A. Cass, The Laws of Creation: Property Rights in the World of Ideas, Harvard University Press (2013).
    Publisher
  24. Keith Hylton, "Negligence, Causation, and Incentives for Care," 35 International Review of Law and Economics 80 (2013).
    Publisher
  25. Keith Hylton, "An Economic Perspective on Preemption," 53 Boston College Law Review 203 (2012).
    SSRN | HeinOnline (BU) | HeinOnline
  26. Keith Hylton, "The Economics of Necessity," 41 Journal of Legal Studies 269 (2012).
    Publisher
  27. Keith Hylton, "The Economics of Third-Party Financed Litigation," 8 Journal of Law, Economics & Policy 701 (2012).
    Publisher
  28. Keith Hylton, "New Private Law Theory and Tort Law: A Comment," Harvard Law Review Forum (2012).
    SSRN | Publisher
  29. Research Handbook on the Economics of Criminal Law, Alon Harel & Keith Hylton, eds., Edward Elgar (2012).
    Publisher
  30. Keith Hylton, "Some Notes on Property Rules, Liability Rules, and Criminal Law," in Research Handbook on the Economics of Criminal Law, , Keith Hylton & Alon Harel, eds., Edward Elgar (2012). SSRN
  31. Keith Hylton & Haizhen Lin, "Trial Selection Theory and Evidence: A Review," in Encyclopedia of Law and Economics: Procedural Law and Economics, 2d ed., Chris Sanchirico, ed., Edward Elgar Publishing, 487 (2012).
    SSRN
  32. Keith Hylton & Haizhen Lin, "American and European Monopolization Law: A Doctrinal and Empirical Comparison," in Competition Policy and Patent Law under Uncertainty: Regulating Innovation 252, Geoffrey A. Manne & Joshua D. Wright, eds., Cambridge University Press (2011). SSRN
  33. Keith Hylton, "Brown Shoe Versus the Horizontal Merger Guidelines," in Symposium The 2010 Horizontal Merger Guidelines, 39 Review of Industrial Organization 95 (2011).
    SSRN | Publisher
  34. Keith Hylton, Yulia Rodionova & Fei Deng, "Church and State: An Economic Analysis," 13 American Law and Economics Review 402 (2011).
    SSRN | Publisher
  35. Keith Hylton, "The Economics of Nuisance Law," in Research Handbook on the Economics of Property Law 323, Kenneth Ayotte & Henry E. Smith, eds., Edward Elgar Publishing (2011). SSRN
  36. Keith Hylton & Sungjoon Cho, "Injunctive and Reverse Settlements in Competition-Blocking Litigation," European Journal of Law and Economics (Nov 2011).
    Publisher
  37. Keith Hylton, "Property Rules and Defensive Conduct in Tort Law Theory," 4:1 art.5 Journal of Tort Law 1 (2011).
    SSRN | Publisher
  38. Keith Hylton, "Antitrust Conference in Honor of Joseph Brodley: Introduction," 90 Boston University Law Review 1367 (2010).
    HeinOnline (BU) | HeinOnline
  39. Antitrust Law and Economics, 2 Encyclopedia of Law and Economics, 2d ed., Keith Hylton, ed., Edward Elgar Pub (2010).
  40. Keith Hylton, "Balancing of Markets, Litigation and Regulation," 7 Journal of Law, Economics & Policy 351 (2010). [comments]
    HeinOnline (BU) | HeinOnline
  41. Keith Hylton & Sungjoon Cho, "The Economics of Injunctive and Reverse Settlements," 12 American Law and Economics Review 181 (2010).
    SSRN | Publisher
  42. Keith Hylton, "The Economics of Public Nuisance Law and the New Enforcement Actions," 18 Supreme Court Economic Review 43 (2010).
    SSRN | HeinOnline (BU) | HeinOnline
  43. Keith Hylton, "Intel and the Death of U.S. Antitrust Law," 2 (2) The CPI Antitrust Journal (Feb 2010).
    SSRN | Publisher
  44. Keith Hylton, "Intent in Tort Law," 44 Valparaiso University Law Review 1217 (2010). 2009 Monsanto Lecture
    SSRN | HeinOnline (BU) | HeinOnline
  45. Keith Hylton, "The Law and Economics of Monopolization Standards," in Antitrust Law and Economics 82, Keith Hylton, ed., Edward Elgar Publishing (2010). SSRN | BU
  46. Keith Hylton, "Optimal Antitrust Enforcement, Dynamic Competition, and Changing Economic Conditions," 77 Antitrust Law Journal 247 (2010).
    SSRN | HeinOnline (BU) | HeinOnline
  47. Keith Hylton, "Calabresi's Influence on Law and Economics," in Pioneers of Law and Economics 224, Lloyd R. Cohen & Joshua D. Wright, eds., Edward Elgar Publishing (2009).
  48. Keith Hylton, "A Comment on the Intel Fine," 8 (2) GCP: The Online Magazine for Global Competition Policy (June 2009).
    Publisher
  49. Keith Hylton, "The Economic Theory of Nuisance Law and Implications for Environmental Regulation," 58 Case Western Reserve Law Review 673 (2009).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  50. Keith Hylton, "Efficient Deterrence and Crime Control," in Criminal Law Conversations 97, Paul H. Robinson, Stephen P. Garvey & Kimberley Kessler Ferzan, eds., Oxford University Press (2009).
  51. Keith Hylton & Vic Khanna, "Political Economy of Criminal Procedure," in Criminal Law and Economics 171, N. Garoupa, ed., Edward Elgar Publishing (2009). SSRN
  52. Keith Hylton, "Remedies, Antitrust Law, and Microsoft: Comment on Shapiro," 75 Antitrust Law Journal 773 (2009).
    HeinOnline (BU) | HeinOnline | Westlaw
  53. Keith Hylton, "Tort Duties of Landowners: A Positive Theory," in Symposium Third Restatement of Torts: Issue One, 44 Wake Forest Law Review 1049 (2009).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  54. Keith Hylton, "Asbestos and Mass Torts with Fraudulent Victims," in Symposium Perspectives on Asbestos Litigation, 37 Southwestern Law Review 575 (2008).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  55. Keith Hylton, "Due Process and Punitive Damages: An Economic Approach," in Symposium Punitive Damages, Due Process, and Deterrence: The Debate after Philip Morris v. Williams, 2 Charleston Law Review 345 (2008).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  56. Keith Hylton & David S. Evans, "The Lawful Acquisition and Exercise of Monopoly Power and Its Implications for the Objectives of Antitrust," 4 Competition Policy International 203 (2008).
    SSRN | Publisher
  57. Keith Hylton, "A Positive Theory of Strict Liability," 4 Review of Law & Economics 153 (2008).
    SSRN | Publisher
  58. Keith Hylton, "Preemption and Products Liability: A Positive Theory," 16 Supreme Court Economic Review 205 (2008).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  59. Keith Hylton, "A Theory of Wealth and Punitive Damages," in Symposium Crimtorts, 17 Widener Law Journal 927 (2008).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  60. Keith Hylton, "Unilateral Refusals to Deal and the Antitrust Modernization Commission Report," 53 Antitrust Bulletin 623 (2008).
    SSRN | HeinOnline (BU) | HeinOnline
  61. Keith Hylton, "Weyerhaeuser, Predatory Bidding, and Error Costs," 53 The Antitrust Bulletin 51 (2008).
    SSRN | HeinOnline (BU) | HeinOnline
  62. Keith Hylton, "When Should a Case Be Dismissed? The Economics of Pleading and Summary Judgment Standards," 16 Supreme Court Economic Review 39 (2008).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  63. Keith Hylton, "Antitrust Around the World: An Empirical Analysis of the Scope of Competition Laws and Their Effects," 74 Antitrust Law Journal 271 (2007).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  64. Keith Hylton, "Biomedical Ethics and the Law: A Critical Perspective," in Symposium Medical Law and Ethics, 15 Annual Review of Law and Ethics 611 (2007).
    SSRN | BU
  65. Keith Hylton, "Property Rules, Liability Rules, and Immunity: An Application to Cyberspace," 87 Boston University Law Review 1 (2007).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  66. Keith Hylton, "Reflections on Remedies and Philip Morris v. Williams," in Symposium Remedies: Justice and the Bottom Line, 27 The Review of Litigation 9 (2007).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  67. Keith Hylton & Vic Khanna, "Toward a Public Choice Theory of Criminal Procedure," 15 Supreme Court Economic Review 61 (2007).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  68. Keith Hylton, "Development Lending and the Community Reinvestment Act," in Symposium Law, Business, and Economic Development - Current Issues and Age-Old Battles, 29 Western New England Law Review 59 (2006).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  69. Keith Hylton, "Duty in Tort Law: An Economic Approach," in Symposium The Internal Point of View in Law and Ethics: Torts and the Internal Point of View in Legal Theory, 75 Fordham Law Review 1501 (2006).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  70. Keith Hylton, "Information, Litigation, and Common Law Evolution," 8 American Law and Economics Review 33 (2006).
    Westlaw | SSRN | Publisher
  71. Keith Hylton, "Property Rules and Liability Rules, Once Again," 2 Review of Law & Economics 137 (2006).
    SSRN | Publisher
  72. Keith Hylton, "Torts and Choice of Law: Searching for Principles," 56 Journal of Legal Education 551 (2006).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  73. Keith Hylton, "Arbitration: Governance Benefits and Enforcement Costs," in Symposium Competing and Complementary Rule Systems: Civil Procedure and ADR, 80 Notre Dame Law Review 489 (2005).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  74. Keith Hylton, "Calabresi and the Intellectual History of Law and Economics," in Symposium Calabresi's The Costs of Accidents, 64 Maryland Law Review 85 (2005).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  75. Keith Hylton & Thomas J. Miceli, "Should Tort Damages Be Multiplied?" 21 Journal of Law, Economics, and Organization 388 (2005).
    Westlaw | SSRN | Publisher
  76. Keith Hylton, "The Theory of Penalties and the Economics of Criminal Law," 1 Review of Law and Economics 175 (2005).
    SSRN | Publisher
  77. Keith Hylton, "A Framework for Reparations Claims," in Symposium Healing the Wounds of Slavery: Can Present Legal Remedies Cure Past Wrongs, 24 Boston College Third World Law Journal 31 (2004). [Keynote]
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  78. Keith Hylton, H. Dagan & A. Sebok, "Introduction," in Symposium The Jurisprudence of Slavery Reparations, 84 Boston University Law Review 1135 (2004).
    Westlaw | HeinOnline (BU) | HeinOnline
  79. Keith Hylton, "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, Samuel Estreicher & David Sherwyn, eds., Kluwer Law International (2004).
  80. Keith Hylton, "Slavery and Tort Law," in Symposium on the Jurisprudence of Slavery Reparations, 84 Boston University Law Review 1209 (2004).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  81. Keith Hylton, Antitrust Law: Economic Theory and Common Law Evolution, Cambridge University Press (2003).
  82. Keith Hylton & Christopher Drahozal, "The Economics of Litigation and Arbitration: An Application to Franchise Contracts," 32 Journal of Legal Studies 549 (2003).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  83. Keith Hylton, "Law and the Future of Organized Labor in America," 49 Wayne Law Review 685 (2003).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  84. Keith Hylton, "An Asymmetric Information Model of Litigation," 22 International Review of Law and Economics 153 (2002).
    SSRN | Publisher | Westlaw
  85. Keith Hylton & Michael Salinger, "Reply to Grimes, Illusory Distinctions and Schisms in Tying Law," 70 Antitrust Law Journal 231 (2002).
    HeinOnline (BU) | HeinOnline | Westlaw
  86. Keith Hylton, "Welfare Implications of Costly Litigation Under Strict Liability," 4 American Law and Economics Review 18 (2002).
    SSRN | Publisher | Westlaw
  87. Keith Hylton, "When Should We Prefer Tort Law to Environmental Regulation?" 41 Washburn Law Journal 515 (2002).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  88. Keith Hylton & Ronald A. Cass, "Antitrust Intent," 74 Southern California Law Review 657 (2001).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  89. Keith Hylton, "The Theory of Tort Doctrine and the Restatement of Torts," 54 Vanderbilt Law Review 1413 (2001).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  90. Keith Hylton & Michael Salinger, "Tying Law and Policy: A Decision Theoretic Approach," 69 Antitrust Law Journal 469 (2001).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  91. Keith Hylton, "Agreements to Waive or to Arbitrate Legal Claims: An Economic Analysis," 8 Supreme Court Economic Review 209 (2000).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  92. Keith Hylton, "Banks and Inner Cities: Market and Regulatory Obstacles to Development Lending," 17 Yale Journal on Regulation 197 (2000).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  93. Keith Hylton, "Property Rights and the Human Body," in Encyclopedia of the American Constitution, 2d ed., Leonard W. Levy & Kenneth L. Karst, eds., MacMillan Reference Books, 2057 (2000).
  94. Keith Hylton & V. Rougeau, "The Community Reinvestment Act: Questionable Premises and Perverse Incentives," 18 Annual Review of Banking Law 163 (1999).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  95. Keith Hylton, "A Note on Trend-Spotting in the Case Law," 40 Boston College Law Review 891 (1999).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  96. Keith Hylton & Ronald A. Cass, "Preserving Competition: Economic Analysis, Legal Standards and Microsoft," 8 George Mason Law Review 1 (1999). Reprinted in Microsoft, Antitrust and the New Economy: Selected Essays 421, David S. Evans, ed., Springer (2002).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  97. Keith Hylton & Andy C. M. Chen, "Procompetitive Theories of Vertical Control," 50 Hastings Law Journal 573 (1999).
    HeinOnline (BU) | HeinOnline | Westlaw
  98. Keith Hylton & Mark Lasser, "Measuring Market Power When the Firm Has Power in the Input and Output Markets," in Economic Inputs, Legal Outputs: The Role of Economists in Modern Antitrust , Fred McChesney, ed., Wiley (1998).
  99. Keith Hylton, "Punitive Damages and the Economic Theory of Penalties," 87 Georgetown Law Journal 421 (1998).
    SSRN | HeinOnline (BU) | HeinOnline | Westlaw
  100. Keith Hylton, "Labor and the Supreme Court: Review of the 1996-1997 Term," 13 Labor Lawyer 263 (1997).
    HeinOnline (BU) | HeinOnline | Westlaw
  101. Keith Hylton, "Implications of Mill's Theory of Liberty for the Regulation of Hate Speech and Hate Crimes," 3 University of Chicago Law School Roundtable 35 (1996).
    HeinOnline (BU) | HeinOnline | Westlaw
  102. Keith Hylton, "The Law and Ethics of Organ Sales," in Symposium on Bioethics and the Law, 4 Annual Review of Law and Ethics 115 (1996).
    BU
  103. Keith Hylton & V. Rougeau, "Lending Discrimination: Economic Theory, Econometric Evidence, and the Community Reinvestment Act," 85 Georgetown Law Journal 237 (1996).
    HeinOnline (BU) | HeinOnline | Westlaw
  104. Keith Hylton, "A Missing Markets Theory of Tort Law," 90 Northwestern University Law Review 977 (1996).
    HeinOnline (BU) | HeinOnline | Westlaw
  105. Keith Hylton, "Optimal Law Enforcement and Victim Precaution," 27 Rand Journal of Economics 197 (1996).
    Publisher
  106. Keith Hylton, "Rule 68, The Modified British Rule, and Civil Litigation Reform," 1 Michigan Law and Policy Review 73 (1996).
    HeinOnline (BU) | HeinOnline | Westlaw
  107. Keith Hylton, "A Theory of Minimum Contract Terms, with Implications for Labor Law," 74 Texas Law Review 1741 (1996).
    HeinOnline (BU) | HeinOnline | Westlaw
  108. Keith Hylton, "Fee Shifting and Predictability of Law," 71 Chicago-Kent Law Review 427 (1995).
    HeinOnline (BU) | HeinOnline | Westlaw
  109. Keith Hylton, review of William B. Gould IV, Agenda for Reform: The Future of Employment Relationships and the Law, The MIT Press , 32 Journal of Economic Literature 1907 (1994). Publisher
  110. Keith Hylton, "An Economic Theory of the Duty to Bargain," 83 Georgetown Law Journal 19 (1994).
    HeinOnline (BU) | HeinOnline | Westlaw
  111. Keith Hylton, "Asymmetric Information and the Selection of Disputes for Litigation," 22 Journal of Legal Studies 187 (1993).
    HeinOnline (BU) | HeinOnline
  112. Keith Hylton, "Fee Shifting and Incentives to Comply with the Law," 46 Vanderbilt Law Review 1069 (1993).
    HeinOnline (BU) | HeinOnline | Westlaw
  113. Keith Hylton, "Litigation Cost Allocation Rules and Compliance with the Negligence Standard," 22 Journal of Legal Studies 457 (1993).
    HeinOnline (BU) | HeinOnline
  114. Keith Hylton, "Efficiency and Labor Law," 87 Northwestern University Law Review 471 (Dec 1992). Reprinted in Foundations of Labor and Employment Law 163, S. Estreicher & S. J. Schwab, eds., Foundation Press (2000).
    HeinOnline (BU) | HeinOnline | Westlaw
  115. Keith Hylton & S. Laymon, "The Internalization Paradox and Workers' Compensation," 21 Hofstra Law Review 109 (1992). Reprinted in Foundations of Labor and Employment Law 163, S. Estreicher & S. J. Schwab, eds., Foundation Press (2000).
    HeinOnline (BU) | HeinOnline | Westlaw
  116. Keith Hylton, "Economic Rents and Essential Facilities," 1991 Brigham Young University Law Review 1243 (1991).
    HeinOnline (BU) | HeinOnline | Westlaw
  117. Keith Hylton, "Litigation Costs and the Economic Theory of Tort Law," 46 University of Miami Law Review 111 (1991).
    HeinOnline (BU) | HeinOnline | Westlaw
  118. Keith Hylton, "Costly Litigation and Legal Error Under Negligence," 6 Journal of Law, Economics, and Organization 433 (1990).
    HeinOnline (BU) | HeinOnline
  119. Keith Hylton, "The Influence of Litigation Costs on Deterrence Under Strict Liability and Under Negligence," 10 International Review of Law and Economics 161 (1990).
    Publisher
  120. Keith Hylton, "The Law and Economics of Organ Procurement," 12 Law & Policy 197 (1990).
    HeinOnline (BU) | HeinOnline
  121. Maria Hylton & Keith Hylton, "Rent Appropriation and the Labor Law Doctrine of Successorship," 70 Boston University Law Review 821 (1990).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  122. Keith Hylton & Maria Hylton, "Rational Decisions and Regulation of Union Entry," 34 Villanova Law Review 145 (1989).
    HeinOnline (BU) | HeinOnline | Westlaw
  123. Keith Hylton & Nils Gottfries, "Are MIT Students Rational?" 8 Journal of Economic Behavior and Organization 113 (1987).
    Publisher
  124. Keith Hylton, "Testing Overidentifying Restrictions with Inefficient Estimators," 25 Economics Letters 43 (1987).
    Publisher
  125. Keith Hylton, "A Note on the Inefficiency of Non-Linear Estimators," 17 Economics Letters 347 (1985).
    Publisher
  126. Keith Hylton, "Illusory Wage Differentials: Comment," 74 American Economic Review 1124 (1984).
    Publisher
Courses

4 credits

Antitrust law regulates the competition between business firms in unregulated markets (and in varying degrees in regulated markets, where it supplies a benchmark standard). Thus, all privately owned economic entities are subject to or affected by the antitrust laws (federal or state), ranging from the largest multinationals to self-employed individuals, e.g., lawyers. Antitrust law constrains business behavior that injures the competitive process, encompassing such topics as price fixing, boycotts, monopolization, mergers, price discrimination, distributorship limitations and similar trade restrictions. Antitrust analysis is increasingly economic in its orientation and therefore economic analysis will form a vital part of the course. Supplementary economic readings are suggested for students without previous economic background (and for others who may wish to refresh their knowledge).

SPRG 2017: LAW JD 838 A1 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg
Tue,Thu 10:40 am 12:40 pm 4 Keith N. Hylton LAW
SPRG 2018: LAW JD 838 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 10:40 am 12:40 pm 4 Keith N. Hylton

3 credits

This seminar will explore the economics of intellectual property law. There are no prerequisites. The readings for the seminar will consist of Cass and Hylton, Laws of Creation (2013), and several cases and articles. The seminar will emphasize understanding the policy justifications for the major doctrines in intellectual property. The topics studies will include patent law, copyright law, trademark law, trade secret law, and the intersection of antitrust and intellectual property. ENROLLMENT LIMIT: 16 students. GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2016: LAW JD 900 A1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg
Tue 2:10 pm 4:10 pm 3 Keith N. Hylton LAW
FALL 2017: LAW JD 900 A1 , Sep 5th to Dec 5th 2017
Days Start End Credits Instructors Bldg
Tue 2:10 pm 4:10 pm 3 Keith N. Hylton
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