Behavioral Economics

The author thanks Stephanie Bair, Jim Brau, Emily Bremer, Brigham Daniels, Daniel Hemel, David Moore, Carolina Núñez, Jarrod Shobe, Paul Stancil, Lisa Grow Sun, Christopher Walker, the participants in the 2017 Center for the Study of the Administrative State’s Research Roundtable on Rethinking Due Process and accompanying public policy conference held at the Antonin Scalia Law School, George Mason University, and the participants in the 2016 Rocky Mountain Junior Scholars Forum held at the S.J. Quinney College of Law, University of Utah. Michael A. Stevens provided helpful research assistance. Financial support was provided by Brigham Young University and the Center for the Study of the Administrative State.

This research has been supported by grants from the John M. Olin Foundation and the University of Virginia Law School Foundation. The authors wish to thank Diego Leclery, Nevin Tomlinson, and Michelle Grabner of the School of the Art Institute of Chicago for helping organize the study and Meg Scalia, Lindsay Bartlett, Doug Boyle, and Daniel Crone for their superb research assistance. The authors are grateful for helpful comments received from Margo Bagley, Tom Chen, John Duffy, Dave Fagundes, Dan Gilbert, Wendy Gordon, Paul Heald, Laura Heymann, Andy Johnson-Laird, Kay Kitagawa, Ed Kitch, Oskar Liivak, Orly Lobel, Lydia Loren, Jonathan Masur, Greg Mitchell, Jeff Rachlinski, Matt Sag, Rebecca Tushnet, Alfred Yen, and participants at the Licensing of Intellectual Property Symposium at The University of Chicago Law School, the Intellectual Property Scholars Conference at the UC Berkeley School of Law, and workshops at the UCLA School of Law, the Lewis & Clark Law School, and the University of Michigan Law School.

We thank Jane Baron, Craig Green, Zev Eigen, Yuval Feldman, Bob Hillman, Greg Mandel, Rafael Pardo, Alex Radus, Brishen Rogers, David Zaring, and participants at faculty colloquia at Vanderbilt Law School, the Wharton School at the University of Pennsylvania, University of Washington, William & Mary Law School, as well as at the Conference on Empirical Legal Studies for comments on earlier drafts.

Thanks to Lucian Bebchuk, Glenn Cohen, Einer Elhauge, Terry Fisher, John Goldberg, Allison Hoffman, Louis Kaplow, Scott Kieff, Martha Minow, Kevin Outterson, Steven Shavell, and the attendees at the Harvard Law and Economics Workshop, Harvard Health Policy Workshop, Harvard Faculty Workshop, University of Toronto Health Law, Ethics and Policy Seminar, George Washington Law School Conference on Government Innovation, and Michigan Law School Conference on FDA Law & Pharmaceutical Innovation. All errors are my own.

The author wishes to thank Professor Randal Picker as well as Mila Rusafova, Emily Samra, and the members of The University of Chicago Law Review for their helpful thoughts and suggestions.

Many thanks to the faculty of the University of Illinois College of Law for the support and guidance provided to me while drafting this Article as a Visiting Assistant Professor of Law at the College. My particular gratitude belongs to John Colombo, Dhammika Dharmapala, David Gamage, Ari Glogower, Michael Hatfield, Paul Heald, Dick Kaplan, Bob Lawless, Laurie Malman, Arden Rowell, Erin Scharff, Darien Shanske, Jamelle Sharpe, Lesley Wexler, the participants at the 2016 Big Ten Junior Scholars Conference, and the participants at the Washington University Faculty Workshop Series for their time and insights regarding earlier drafts of this Article.