Upcoming LAMB Events

Book Series: Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free Riding

orly_lobel_april_17_2014_web April 17, 2014

Orly Lobel, the Don Weckstein Professor of Employment and Labor Law at the University of San Diego, will speak at NDLS on Thursday, April 17 about her new book, Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free Riding.

BEHAVIORAL LAW AND ECONOMICS—NEW DIRECTIONS (“BLEND”) Individual Differences in Judgment and Decision Behavior

June 25-26, 2014

This summer at Notre Dame in London the Research Program on Law and Market Behavior will be convening the inaugural conference in a new BLEND series of events. These workshop format conferences on Behavioral Law and Economics—New Directions (“BLEND”). This first conference in the series will focus on Individual Differences in Judgment and Decision Behavior and their implications for legal policy. The BLEND endeavor truly is unique in its substance, format, and composition of participants, reflecting the special vision of LAMB. Read more about BLEND

2014 LAMB Conference on Behavioral and Experimental Law and Economics

July 24-25, 2014

This summer the Research Program on Law and Market Behavior again will bring together junior and senior legal scholars from the U.S. and abroad to present and discuss their ongoing work in The 2014 LAMB Conference on Behavioral and Experimental Law and Economics at Notre Dame in London.

Past LAMB Events

Distinguished Speaker Series: Mark Lemley, Professor of Law, Stanford Law School

ip_april11_flyer_v4_2_ April 11, 2014

Stanford Law Professor Mark Lemley will speak on the topic of IP Without Scarcity.
The panelists to respond to Professor Lemley’s lecture are Jeanne Fromer, NYU Law, Brett Frischmann, Cardozo School of Law, and Christoper Yoo, Penn Law.

Behavioural Law and Economics: American and European Perspectives

programme_behavioural_law_and_economics_2014_page_1_web April 11-12, 2014 in Lucerne, Switzerland

The conference will bring together leading American scholars and new European voices in the field to consider applications of behavioral research to a variety of European law fields and institutions. The Notre Dame Program on Law and Market Behavior and the University of Lucerne Center for Law and Sustainability are cosponsoring a conference. See Schedule

“The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis” Book Roundtable

December 8-9, 2013 at Notre Dame London Law Centre

The Notre Dame Research Program on Law and Market Behavior is bringing together a diverse group of excellent scholars encompassing different approaches to IP as well as related fields such as property and antitrust to engage in a critical and constructive discussion of the recently published book by Niva Elkin-Koren and Eli Salzberger on “The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis.” This insightful and broad-ranging work offers an excellent platform for the roundtable’s examination of some of the major challenges presently at the forefront of IP law and economics.

The book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. The book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book also addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.

Roundtable Participants:
Michael Abramowicz, George Washington University
Tanya Aplin, Dickson Poon School of Law at King’s College London
Lionel Bently, Emmanuel College, Cambridge
Dan Burk, UC Irvine School of Law
Robert Burrell, University of Western Australia
Josef Drexl, Max Planck Institute for Intellectual Property, Competition and Tax Law
Severine Dusollier, University of Namur
Christian Handke, Erasmus University Rotterdam
Frédéric Jenny, ESSEC Business School, Paris
Dan Kelly, University of Notre Dame
Mark McKenna, University of Notre Dame
Christopher Sprigman, University of Virginia
Alain Strowel, Covington & Burling LLP
Avishalom Tor, University of Notre Dame
Stephen Yelderman, University of Notre Dame

The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis Authors:
Niva Elkin-Koren
Eli Salzberger

Google Search: Antitrust & IP Perspectives

April 15, 2013

lawmarketbehaviorconferenceposter_google2013 January 3, the Federal Trade Commission (“FTC”) concluded its wide-ranging investigation of
allegedly anticompetitive conduct by Google. While a number of other commitments were extracted from Google, the allegations of search bias that initially animated the investigation were not proven, and the FTC even found that some of the investigated conduct may have been procompetitive.
In Europe, on the other hand, an investigation into allegations of Google’s search bias and other
abusive practices is ongoing.

To examine the important and timely issues surrounding Google Search, ND LAMB is convening a
panel of legal scholars with expertise in antitrust and intellectual property, who will discuss and
debate the merits and demerits of the allegations against Google, the FTC’s decision, and the search company’s relevant conduct more generally.

Avishalom Tor – Professor of Law, Notre Dame Law School
Daniel Crane – Frederick Paul Furth Sr. Professor of Law, University of Michigan Law School
Geoffrey A. Manne – Executive Director, for Law and Economics, International Center for Law and Economics
Mark McKenna – Professor of Law, Notre Dame Law School
Spencer Weber Waller – Professor of Law and Director, Institute for Consumer Antitrust Studies

The Google Book Project: Antitrust and Intellectual Property Perspectives

March 4, 2013
Location: Notre Dame in London

In 2004, Google entered into agreements with several major research libraries to digitally copy books and other writings in their collections. This project would have many benefits, including increasing availability of these materials and preservation of older and out-of-print works. However, Google had not obtained the permission of the copyright owners of those works – including authors and publishers. In 2005, they brought a class action against Google in the Southern District of New York, alleging a variety of copyright and antitrust theories.

In 2008, the parties entered into a lengthy proposed settlement agreement. After hearings and extensive commentary, in 2011, the court rejected the proposed settlement. Continuing discussions are ongoing among the parties, while legislative relief from Congress is also being pursued.

The antitrust and intellectual property issues raised by the Google Book project and the judicial challenge will be discussed on March 4 by a panel consisting of Doctor Ioannis Lianos of University College London and Professor Jonathan Griffiths of Queen Mary University of London, with Professor Joseph Bauer of Notre Dame Law School serving as moderator.

Trademark/Marketing Roundtable

February 22, 2013

Professor Mark McKenna hosts a roundtable that will bring leading legal scholars in the trademark and advertising fields together with top marketing researchers to discuss four papers. Two of the papers are written from a legal perspective and two are written from a marketing perspective.

Participants in the roundtable include:

Barton Beebe (NYU School of Law)
Rebecca Tushnet (Georgetown Law)
Bill McGeveran (University of Minnesota Law School)
Eric Goldman (Santa Clara Law)
Deborah Gerhardt (University of North Carolina School of Law)
Laura Heymann (William & Mary Law School)
Jeremy Sheff (St. John’s University School of Law)
Stephen Garcia (University of Michigan Department of Psychology)
Raghunath Singh Rao (McCombs School of Business at The University of Texas at Austin)
Irina Manta (Hofstra Law)
Alfred Yen (Boston College Law)

Nicole Montgomery (William & Mary Mason School of Business)
Ann Schlosser (University of Washington Margaret G. Foster School of Business)

  • Indicates authors who provided papers for the roundtable.

Roundtable on the Knockoff Economy

Fri Jan 18, 2013

Notre Dame Law School hosted a roundtable on “The Knockoff Economy, How Imitation Sparks Innovation” by Kal Raustiala and Christopher Sprigman, on Friday, January 18, 2013. Organized by Professor Mark McKenna and co-sponsored by the Program on Law and Market Behavior, this all day roundtable examined the book’s argument that imitation does not stifle creativity, but rather inspires innovation. Other LAMB faculty that participated in the roundtable included Professors Dan Kelly, Nicole Garnett, and Avishalom Tor.

Other Conference Speakers Included:

Session I

Session II

Session III

Session IV

Seminar – Christopher Sprigman, Virginia Law School

January 17, 2013
Room 3140 at 4:00 p.m.

Professor Sprigman spoke on: “What’s a Name Worth?: Experimental Tests of the Value of Attribution in Intellectual Property.”

Current Research in Behavioral and Experimental Law and Economics

December 13, 2012

Current Research in Behavioral and Experimental Law and Economics poster This program is a joint conference of the Notre Dame Research Program on Law and Market Behavior and the University of Haifa Faculty of Law Aptowitzer International Center for Risk, Liability, and Insurance.

Conference Speakers and Topics Include:

The Present and Future of Behavioral Antitrust

December 6, 2012

Click for original poster-pdf The Notre Dame Research Program on Law and Market Behavior with the UCL Centre for Law, Economics and Society are holding a conference on The Present and Future of Behavioral Antitrust.

Behavioral antitrust—the application to antitrust analysis of empirical evidence of common deviations of human behavior from strict rationality—is increasingly popular and hotly debated by competition law scholars and the enforcement agencies in the U.K, the EU more generally, and the U.S. alike. This timely conference will bring together leading experts in the field to examine the state-of-the-art of the behavioral approach to competition law and policy and to consider its future potential and limitations as an antitrust methodology.

Speakers include:
• The Hon Mr Justice Barling (President, Competition Appeal Tribunal)
• Dr Amelia Fletcher (OFT)
• Dr Andrea Coscelli (OFCOM)
• Dr Cristina Caffarra (CRA)
• Dr Peter Davies (Compass Lexecon)
• Paolo Siciliani (Chief Economist, BBC Trust)
• Prof. Christopher Leslie (University of California at Irvine School of Law)
• Prof. Maurice Stucke (University of Tennessee School of Law)
• David Saunders or representative (UK Competition Commission) (TBC)
• Prof. Avishalom Tor (Notre Dame Law School)
• Dr Ioannis Lianos (UCL)

See Poster

Distinguished Speaker Series: Kimberly D. Krawiec

November 28, 2012

LAMB Speaker: Kimberly D. Krawiec, Kathrine Robinson Everett Professor of Law at Duke Law School to present a paper on "The Danger of Difference: What Corporate Directors Say about Diversity" on November 28, 2012. Professor Krawiec is an expert on corporate law who teaches courses on securities, corporate, and derivatives law. Her research interests span a variety of fields, including the empirical analysis of contract disputes; the choice of organizational form by professional service firms, including law firms; forbidden or taboo markets; corporate compliance systems; insider trading; derivatives hedging practices; and “rogue” trading.

Book Series: Infrastructure: The Social Value of Shared Resources

November 9, 2012

Click for more information On November 9, 2012 LAMB is hosting an event in Room 1130 at 12:30 p.m., organized by Professor McKenna, to discuss a new book by Brett Frischmann, Professor of Law at Cardozo School of Law, on Infrastructure: The Social Value of Shared Resources. The book devotes much needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. The book links infrastructure, a particular set of resources defined in terms of the manner in which they create value, with commons, a resource management principle by which a resource is shared within a community. The infrastructure commons ideas have broad implications for scholarship and public policy across many fields ranging from traditional infrastructure like roads to environmental economics to intellectual property to Internet policy.

Stanford Law Professor Mark Lemley described Frischmann’s book as “timely and important. What he is attempting here is nothing less than a reimagining of how economics thinks about infrastructure. His argument ranges from intellectual property to telecommunications to the case for government investment in roads and bridges." And according to the late Elinor Ostrom, Nobel Prize winner in Economics, “faculty and students across the social sciences and engineering will all find Brett Frischmann’s new book to provide essential guidance for the analysis of diverse types of infrastructure resources and how policies affect the effectiveness, efficiency, fairness, and sustainability of outcomes. Rarely can one find such a broad and useful foundation for digging in and understanding the complexities of modern infrastructures. An extraordinary book.” More information on the book can be found at

The Role of Intermediaries in Corporate Governance: Empirical Evidence and Policy Challenges

October 25, 2012

Click for more information LAMB will hold a corporate governance conference on October 25, 2012 on “The Role of Intermediaries in Corporate Governance: Empirical Evidence and Policy Challenges.” This timely conference will bring together leading scholars in law and related fields to present empirical evidence on the role of institutional investors and other intermediaries in corporate governance and discuss key normative and prescriptive legal policy issues concerning this role.

Conference speakers include:

  • LAMB Faculty Fellow K.J. Martijn Cremers, Professor of Finance, University of Notre Dame Mendoza College of Business
  • Jill E. Fisch, Perry Golkin Professor of Law and Co-Director, Institute for Law and Economics, University of Pennsylvania Law School
  • Tamar Frankel, Professor of Law and Michaels Faculty Research Scholar, Boston University School of Law
  • Siona Listokin-Smith, Assistant Professor, George Mason University School of Public Policy, and Research Scholar, Yale Law School
  • Paul Rose, Associate Professor of Law, Ohio State University Moritz College of Law
  • Randall Thomas, John S. Beasley II Professor of Law and Business, Vanderbilt Law School, and Professor of Management, Vanderbilt University Owen School of Management
  • LAMB Director Avishalom Tor.

The conference will conclude with a lunch keynote speech by Bernard S. Black, Nicholas D. Chabraja Professor, Northwestern University School of Law and Kellogg School of Management.

Distinguished Speaker Series: Robert D. Cooter

September 6-7, 2012

The inaugural LAMB Distinguished Speaker, Robert D. Cooter, Herman F. Selvin Professor of Law and Faculty Co-Director of the Law and Economics Program at UC Berkeley School of Law, will visit NDLS on September 6-7, 2012. Professor Cooter, a pioneer and leader in the field of law and economics, will give a LAMB Seminar on Innovation and the Theory of the Firm to law faculty and students on Thursday, September 6, and a public lecture on Friday, September 7, on his recent book with Hans-Bernd Schaefer “Solomon’s Knot: How Law Can End the Poverty of Nations", which is co-sponsored by the Notre Dame Program on Law and Human Development.

Behavioral Law and Economics: Substance and Methodology

April 3 – 5, 2012

lambapril_conference_poster_web For several decades, one of the leading approaches to legal theory has been the economic analysis of law. The theory of human behavior underlying standard economic analysis of law (like economic analysis more generally) is the rational choice theory. According to this theory, people strive to enhance their own well-being, choosing the available option that would maximize their expected utility. In the past two decades or so, hand-in-hand with comparable developments in economics, the economic analysis of law has been challenged by a growing body of experimental and empirical studies attesting to prevalent and systematic deviations from the assumptions of economic rationality. These studies have questioned both the assumption of thin, cognitive rationality (by showing that people’s preferences often do not comply with the rules of dominance, transitivity, and invariance) and the assumption of thick, motivational rationality (by pointing to the role of motivations such as envy and altruism).

Initially perceived as the antithesis to standard law and economics, over time these insights have been largely integrated into mainstream economic analysis of law, thereby establishing a new field of inquiry: behavioral law and economics. Behavioral insights can have particular value for legal analysis, as legal scholars are often interested in real-life policy-making, which must take into account people’s actual behavioral characteristics. Moreover, the growing influence of behavioral law and economics has been accompanied in recent years by the emergence of empirical and experimental legal studies. Rather than only draw on the results of experimental and empirical studies in the social sciences, a steadily growing number of researchers now engage in experimental and empirical studies designed specifically to answer questions that are of especial interest to legal scholarship.

The dramatic growth and influence of behavioral and experimental law and economics deserves close study and attention, to which this conference is devoted. Specifically, the conference builds on the contribution of leading scholars in the field to a first-of-its-kind “Handbook on Behavioral Economics and the Law” that will be published by Oxford University Press, offering a unique forum to examine the state-of-the-art of behavioral analysis throughout the law, its methodology and future challenges.

Conference Schedule

Conference participants include:

  • Russell Covey, Associate Professor of Law, Georgia State University College of Law
  • Melvin Eisenberg, Koret Professor of Law, University of California Berkeley School of Law
  • Christoph Engel, Director, Max Planck Institute of Research on Collective Goods
  • Yuval Feldman, Professor of Law, Bar Ilan University School of Law
  • Kent Greenfield, Professor and Law Fund Research Scholar, Boston College Law School
  • Adrian Kuenzler, Yale Law School
  • Kevin McCabe, Professor of Law and Economics, George Mason University
  • Gregory Mitchell, Mortimer M. Caplin Professor of Law and Class of 1948 Professor of Scholarly Research in Law, University of Virginia School of Law
  • Janice Nadler, Benjamin Mazur Summer Research Professor, Northwestern Law
  • Francesco Parisi, Oppenheimer Wolff and Donnelly Professor of Law, University of Minnesota Law School, Professor of Economics, University of Bologna
  • Daniel Pi, University of Minnesota Law School
  • Ariel Rubinstein, Salzberg Chair, Tel Aviv University School of Economics
    Professor, NYU Department of Economics
  • Doron Teichman, Senior Lecturer, Hebrew University of Jerusalem Faculty of Law
  • Thomas Ulen, Swanlund Chair, University of Illinois College of Law
  • Fredrick Vars, Associate Professor of Law, University of Alabama School of Law
  • Sean Williams, Assistant Professor of Law, The University of Texas at Austin School of Law
  • Eyal Zamir, Augusto Levi Professor of Commercial Law, Hebrew University of Jerusalem Faculty of Law