Economic Reasoning and Judicial Review

This article considers the use of the economics in the law in the context of the US Supreme Court, of which the author is one of the Justices. It focuses on three cases where he has dissented, the first considering whether the Environmental Protection Agency may consider economic costs, the second w...

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Bibliographic Details
Published in:The Economic journal (London) 2009-02, Vol.119 (535), p.F123-F135
Main Author: Breyer, Stephen
Format: Article
Language:English
Subjects:
Antitrust
Copyright
Economic benefits
Economic competition
Economic costs
Economic theory
Environmental agencies
Environmental protection
Feature: Economic Rules of Law
Intellectual property rights
Judicial process
Judicial reviews
Justice
Law
Reasoning
Resale price maintenance
Rule of law
Rule of reason
Statutory law
Studies
Supreme Court
Supreme Court decisions
U.S.A
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Summary:This article considers the use of the economics in the law in the context of the US Supreme Court, of which the author is one of the Justices. It focuses on three cases where he has dissented, the first considering whether the Environmental Protection Agency may consider economic costs, the second whether a bright line rule or a rule of reason should apply to resale price maintenance and the third on whether copyright protection should be extended by a further 20 years.
ISSN:0013-0133
1468-0297
DOI:10.1111/j.1468-0297.2008.02233.x