Eric A. Posner

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Volume 90.2
Introduction to the Symposium on Labor Market Power
Eric A. Posner
Kirkland & Ellis Distinguished Service Professor of Law.

Many thanks to Matt Dimick, Cynthia Estlund, Ioana Marinescu, Sanjukta Paul, Steve Salop, and Marshall Steinbaum for helpful comments.

The University of Chicago Law Review convened a symposium to bring together scholars from various disciplines and with different subject matter expertise but with a common interest in understanding the regulation of labor markets in light of new empirical results.

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Volume 90.2
Horizontal Collusion and Parallel Wage Setting in Labor Markets
Jonathan S. Masur
John P. Wilson Professor of Law and Director of the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law, Finance and Economics at the University of Chicago Law School.
Eric A. Posner
Kirkland & Ellis Distinguished Service Professor of Law and Arthur and Esther Kane Research Chair at the University of Chicago Law School.

We thank Curt Bradley, Simon Jacobs, Aneil Kovvali, Filippo Lancieri, Christina Patterson, Randy Picker, Ellie Prager, Steve Salop, Amit Zac, and audiences at the University of Chicago Law School faculty workshop, the Law Review Symposium, and ETH Zurich, for helpful comments, and Sima Biondi, Jonathan Concepción, Millie Cripe, and Charles Tammons for superb research assistance. Eric Posner took a position at the Antitrust Division in the Department of Justice after this paper was substantially completed; the views expressed in this paper do not necessarily reflect those of the Department of Justice.

Horizontal collusion among employers to suppress wages has received almost no attention in the academic literature, in contrast with its more familiar cousin, product-market collusion. The similar economic analysis of labor and product markets might suggest that antitrust should regulate labor and product markets in the same way.

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85.4
Cost-Benefits Analysis and the Judicial Role
Jonathan S. Masur
John P. Wilson Professor of Law and David and Celia Hilliard Research Scholar, The University of Chicago Law School

Thanks to David Driesen, Jerry Ellig, Jake Gersen, Daniel Hemel, Jennifer Nou, Cathy Sharkey, David Strauss, Cass Sunstein, Kip Viscusi, and participants at workshops at The University of Chicago Law School and Syracuse Law School for helpful comments, to the Russell Baker Scholars Fund, the David and Celia Hilliard Fund, and the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law, Finance and Economics for research support, and to Mei Ying Barnes, Hanan Cidor, Kathrine Gutierrez, Christina McClintock, Isabella Nascimento, Holly Newell, and Michael Wheat for excellent research assistance.

Eric A. Posner
Kirkland & Ellis Distinguished Service Professor and Arthur and Esther Kane Research Chair, The University of Chicago Law School

CBA is a decision procedure whose normative basis is what Professor Matthew Adler and one of us has called weak welfarism. Welfarism is the principle that the well-being of people is morally important.

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Article
75.2
Does Political Bias in the Judiciary Matter?: Implications of Judicial Bias Studies for Legal and Constitutional Reform
Eric A. Posner
Kirkland and Ellis Professor of Law, The University of Chicago

Thanks to Jake Gersen, Todd Henderson, Daryl Levinson, Jens Ludwig, Richard McAdams, Tom Miles, Matthew Stephenson, David Strauss, Adrian Vermeule, Noah Zatz, and participants at a workshop at The University of Chicago Law School for helpful comments.

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Article
76.4
Crisis Governance in the Administrative State: 9/11 and the Financial Meltdown of 2008
Eric A. Posner
Kirkland & Ellis Professor of Law, The University of Chicago Law School
Adrian Vermeule
John H. Watson Professor of Law, Harvard Law School

Thanks to Kevin Davis, Paul Kelly, Geoffrey Miller, Cass Sunstein, students in a Harvard Law School reading group on the Theory of the Administrative State, and audiences at the London School of Economics, NYU Law School and Tel Aviv Law School for helpful comments, and to Elisabeth Theodore for excellent research assistance.

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Article
77.2
Against Feasibility Analysis
Jonathan S. Masur
Assistant Professor of Law, The University of Chicago Law School
Eric A. Posner
Kirkland & Ellis Professor of Law, The University of Chicago Law School

Thanks to Emily Buss, Dan Cole, Adam Cox, David Driesen, Frank Easterbrook, Jake Gersen, Martha Nussbaum, Arden Rowell, Adam Samaha, Tom Ulen, Adrian Vermeule, Sasha Volokh, David Weisbach, and participants at a workshop at The University of Chicago Law School for helpful comments, and to Charles Woodworth for excellent research assistance.

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Article
79.4
Delegation in Immigration Law
Adam B. Cox
Professor of Law, New York University School of Law
Eric A. Posner
Kirkland and Ellis Professor of Law, The University of Chicago Law School

Thanks to Emily Berman, Ryan Bubb, Stephen Lee, Nancy Morawetz, Moran Sedah, Peter Schuck, Fred Vars, and workshop participants at The University of Chicago Law School, New York University School of Law, and The University of Alabama School of Law for helpful comments. Thanks also to Kuntal Cholera and David Woolston for research assistance.

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Essay
80.1
The Institutional Structure of Immigration Law
Eric A. Posner
Kirkland and Ellis Distinguished Service Professor of Law, The University of Chicago Law School

This Article was prepared for The University of Chicago’s Immigration Law and Institutional Design Symposium, held at The University of Chicago Law School on June 15 and 16, 2012. Thanks to the participants in that conference and Adam Cox for comments, and to Ellie Norton and Randy Zack for helpful research assistance. The Russell Baker Scholarship Fund at The University of Chicago Law School provided financial assistance.