HENRY G. MANNE PROGRAM IN LAW & ECONOMICS STUDIES

December 12-13, 2012

George Mason University School of Law Arlington, Virginia

All sessions in Hazel Hall, Room 215 12:00 – 1:00 pm Lunch 1:00 – 1:05 pm Welcome and Introduction Discussion Leader

James C. Cooper, Director, Research and Policy, Law & Economics Center Lecturer in Law, George Mason University School of Law

1:05 – 2:30 pm A Products Liability Framework for FTC Privacy Regulation

James C. Cooper, Director, Research and Policy, Law & Economics Center Lecturer in Law, George Mason University School of Law

2:45 – 4:15 pm The Market Impact of Privacy Breaches Jonathan Klick, Professor of Law, University of Pennsylvania School of Law

Eric Helland, Robert J. Lowe Professor of Economics, Claremont McKenna College

4:30 – 6:00 pm Contractibility and Internet Privacy Christopher S. Yoo, John H. Chestnut Professor of Law, Communication, and Computer & Information Science; Director, Center for Technology, Innovation & Competition, University of Pennsylvania Law School

6:30 pm Reception & Dinner Willow Restaurant, 4301 Fairfax Drive, Arlington, VA

All sessions in Hazel Hall, Room 215 8:00 – 8:30 am Breakfast 8:30 – 10:00 am Structuring Competition in Privacy

Randal C. Picker, Paul H. and Theo Leffman Professor of Commercial Law, University of Chicago Law School; Senior Fellow, The Computation Institute of the University of Chicago and Argonne National Laboratory

10:15 – 11:45 am Title TBA

J. Howard Beales III, Professor of Strategic Management and Public Policy, School of Business, George Washington University

11:45 am Adjourn

Visiting Associate Professor of Law James E. Rogers College of Law University of Arizona 1201 East Speedway Room 246 Tucson, AZ 85721 Phone: 520.626.6004 janebambauer@email.arizona.edu

Bert Elwart Professor of Business and Professor of Business Economics & Public Policy Indiana University 1309 East 10th Street Bloomington, IN 47405-1701 Phone: 812.855.2779 mbaye@indiana.edu

Professor of Strategic Management and Public Policy School of Business The George Washington University Funger Hall, Suite 615 Washington, DC 20052 Phone: 202.994.4760 hbeales@gwu.edu

Professor of Public Policy and Economics University of Maryland, Baltimore County Department of Public Policy Baltimore, MD 21250 Phone: 410.455.3229 brennan@umbc.edu

Assistant Professor of Law University of Washington School of Law William H. Gates Hall Box 353020 Seattle, WA 98195-3020 Phone: 206.543.1580 rcalo@uw.edu

Director, Research & Policy Law & Economics Center Lecturer in Law George Mason University School of Law 3301 Fairfax Drive Arlington, VA 22201 Phone: 703.993.9582 jcoope20@gmu.edu

Assistant Professor of Law Cumberland College of Law, Samford University 800 Lakeshore Drive Birmingham, AL 35229 Phone: 205.726.4327 whartzog@samford.edu

Robert J. Lowe Professor of Economics Claremont McKenna College 500 East 9th Street Bauer Center 305 Claremont, CA 91711 Phone: 909.607.7275 eric.helland@claremontmckenna.edu

Professor of Law George Mason University School of Law 3301 Fairfax Drive Arlington, VA 22201 Phone: 703.993.8034 bkobayas@gmu.edu

Privacy Policy Counsel Google, Inc. 1101 New York Avenue, NW 2nd Floor Washington, DC 20005 Phone: 202.346.1100 dlieber@google.com

President and Senior Fellow Technology Policy Institute1401 Eye Street NW Suite 505 Washington, DC 20005 Phone: 202.828.4405 tlenard@techpolicyinstitute.org

Executive Director, International Center for Law & Economics Lecturer in Law, Lewis & Clark Law School0615 SW Palatine Hill Road Portland, OR 97219 Phone: 503.768.6816 manne@lclark.edu

Associate Professor of Law University of Colorado Law School433 Wolf Law Building, 401 UCB Boulder, CO 80309-0401 Phone: 303.492.0401 paul.ohm@colorado.edu

Schering-Plough Professor of Health Care Regulation & Enforcement Seton Hall University School of Law 1 Newark Center Newark, NJ 07102 Phone: 973.642.8485 frank.pasquale@shu.edu

Paul H. and Theo Leffmann Professor of Commercial Law, University of Chicago Law School; Senior Fellow, The Computation Institute of the University of Chicago and Argonne National Laboratory 1111 East 60th Street Chicago, IL 60637 Phone: 773.702.0864 r-picker@uchicago.edu

Microsoft Research Fellow, Information Law Institute New York University School of Law 40 Washington Square South New York, NY 10012 Phone: 212.998.6013 sromanos@andrew.cmu.edu

Associate Professor of Law Emory University School of Law 1301 Clifton Rd NEGambrell Hall Atlanta, GA 30322-2770 Phone: 404.727.8957 jshepherdbailey@law.emory.edu

Senior Research Fellow Mercatus Center at George Mason University 3351 Fairfax Drive Arlington, VA 22201 Phone: 703.993.4939 athierer@gmail.com

Professor of Law and Director, Illinois Program in Law and Economics University of Illinois College of Law 504 East Pennsylvania Avenue Champaign, IL 61820 Phone: 217.333.4953 t-ulen@illinois.edu

Assistant Professor of Law Emory University School of Law 1301 Clifton Road Atlanta, GA 30322 Phone: 404.712.5225 avolokh@emory.edu

John H. Chestnut Professor of Law, Communication and Computer & Information Science; Director, Center for Technology, Innovation & Competition University of Pennsylvania Law School 3400 Chestnut Street Silverman 131 Philadelphia, PA 19104 Phone: 215.746.8772 csyoo@law.upenn.edu

Director, Research and Policy, Law & Economics Center Lecturer in Law, George Mason University School of Law 3301 Fairfax Drive, Room 433E Arlington, VA 22201 Phone: 703.993.9582 jcoope20@gmu.edu

James C. Cooper is director of research and policy at the Law & Economics Center at George Mason University School of Law, where he also teaches Economic Foundations of Legal Studies. Prior to joining the Law & Economics Center, he spent several years at the Federal Trade Commission, most recently as an advisor to Commissioner William Kovacic. Cooper also worked in the FTC’s Office of Policy Planning, where he last served as acting director. Prior to joining the FTC, James was an associate in the antitrust group at Crowell & Moring LLP in Washington, DC. Dr. Cooper has taught law and economics at Johns Hopkins University, and his research has appeared in publications including the Antitrust Law Journal, International Journal of Industrial Organization, Boston University Law Review, International Review of Law and Economics and Journal of Regulatory Economics. James Cooper has a PhD in economics from Emory University and a JD from George Mason University School of Law, where he was a Levy Fellow.

Professor of Strategic Management and Public Policy School of Business The George Washington University Funger Hall Suite 615 Washington, DC 20052 Phone: 202.994.4760 hbeales@gwu.edu

Howard Beales teaches in the school of business at The George Washington University, where he has been since 1988. His research interests include a wide variety of consumer protection regulatory issues, including privacy, law and economics, and the regulation of advertising. He has published numerous articles addressing these issues in academic journals. From 2001 through 2004, Dr. Beales served as the director of the bureau of consumer protection at the Federal Trade Commission. In that capacity, he was instrumental in redirecting the FTC’s privacy agenda to focus on the consequences of the use and misuse of consumer information. During his tenure, the Commission proposed, promulgated, and implemented the national Do Not Call Registry. He also worked with Congress and the Administration to develop and implement the Fair and Accurate Credit Transactions Act of 2003, and testified before Congress on numerous occasions. His aggressive law enforcement program produced the largest redress orders in FTC history and attacked high volume frauds promoted through heavy television advertising. Dr. Beales also worked at the FTC from 1977 to 1987, as a staff economist, assistant to the director of the bureau of consumer protection, associate director for policy and evaluation, and acting deputy director. In 1987-88, he was the chief of the human resources and housing branch of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Howard Beales received his PhD in economics from the University of Chicago in 1978. He graduated magna cum laude from Georgetown University with a BA in Economics in 1972.

Robert J. Lowe Endowed Professor of Economics Claremont McKenna College 500 East Ninth Street Bauer Center 305 Claremont, CA 91711 Phone: 909.607.7275 eric.helland@cmc.edu

Eric Helland is professor of economics at Claremont McKenna College, and is associate director for research and senior economist at the RAND Institute for Civil Justice at the RAND Corporation. Professor Helland received his PhD in economics from Washington University and he is the recipient of the Robert H. Durr Award from the Midwest Political Science Association and the Dean's Teaching Award from Ball State University. He has been senior economist at the President’s Council of Economic Advisors and visiting professor of economics at the Stigler Center for the Study of the Economy and the State at The University of Chicago.

His articles have appeared in such scholarly journal as the Journal of Environmental Economics and Management, Journal of Regulatory Economics, Journal of Legal Studies, American Law and Economics Review, Land Economics, Journal of Law, Economics and Organization, Contemporary Economic Policy, Journal of Law and Economics, Economic Inquiry, and Review of Economics and Statistics.

Professor of Law University of Pennsylvania Law School 3501 Sansom Street Silverman 135 Philadelphia, PA 19104 Phone: 217.746.3455 jklick@law.upenn.edu

Jonathan Klick’s work focuses on identifying the causal effects of laws and regulations on individual behavior using cutting-edge econometric tools. Specific topics addressed by Klick’s work include the relationship between abortion access and risky sex, the health behaviors of diabetics, the effect of police on crime, addiction as rational choice, how liability exposure affects the labor market for physicians, as well as a host of other issues. His scholarship has been published in numerous peer-reviewed economics journals, including The Journal of Economic Perspectives, The Journal of Law & Economics, The Journal of Law, Economics, and Organization, and The Journal of Legal Studies. He has also published papers in The Stanford Law Review, The Columbia Law Review, and The University of Chicago Law Review. His four sons think he is the funniest person in the world, while his wife will only commit to him being in the top five. He previously worked as a cashier at the Modell’s Sporting Goods store in the King of Prussia Mall.

Professor Klick received his JD from George Mason University School of Law, his PhD in economics from George Mason University, his MS from the University of Maryland, and his BS from Villonova University.

Paul H. and Theo Leffmann Professor of Commercial Law The University of Chicago Law School Senior Fellow, the Computation Institute of the University of Chicago and Argonne National Laboratory 1111 E. 60th Street, Room 622 Chicago, IL 60637 Phone: 773.702.0864 r-picker@uchicago.edu

Randal C. Picker currently teaches classes at The University of Chicago law school in secured transactions and antitrust and a seminar on antitrust and intellectual property policy. In prior years, Professor Picker has taught “Network Industries, Bankruptcy, and Copyright”; “Technology, Innovation, and Society”; corporate reorganizations, commercial law, and civil procedure. He has also taught seminars on “Game Theory and The Law” and “The Legal Infrastructure of High-Tech Industries”. In Fall, 2005, he also taught “The Legal Infrastructure of Business” at the graduate school of business. In Spring 2002, he co-taught a seminar on Enron with Douglas Baird. Randy Picker graduated from the College of the University of Chicago in 1980, cum laude, with a bachelor of arts in economics and was elected to Phi Beta Kappa. He then spent two years in the Department of Economics, where he was a Friedman Fellow, completing his doctoral course work and exams. He received a masters degree in 1982. Thereafter, he attended The University of Chicago Law School and graduated in 1985 cum laude. He is a member of the Order of the Coif. While in law s chool, Mr. Picker was an associate editor of the Law Review. After graduation, Mr. Picker clerked for Judge Richard A. Posner of the United States Court of Appeals for the Seventh Circuit. He then spent three years with Sidley & Austin in Chicago, where he worked in the areas of debt restructuring and corporate reorganizations in bankruptcy. Mr. Picker is a member of the National Bankruptcy Conference and served as project reporter for the Conference’s Bankruptcy Code Review Project. He is also a commissioner to the National Conference of Commissioners on Uniform State Laws and served as a member of the drafting committee to revise Article 9 of the Uniform Commercial Code. He is the author, along with Douglas Baird and Thomas Jackson, of Security Interests in Personal Property: Cases, Problems and Materials (3rd ed., Foundation Press, 2002). Professor Picker is also the author of Game Theory and the Law, co-authored with Douglas G. Baird and Robert Gertner. His recent research has focused on copyright issues, including digital distribution and the digital video recorder (TiVo); antitrust issues in high-tech industries, including the Microsoft case and the Federal Trade Commission’s case against Intel and the role of cross-licensing of intellectual property; cyber-security; and telecommunications, including pieces on the 1996 Telecommunications Act’s unbundling regime and the intersection of antitrust and the 1996 Act. He has also extended his analysis of game theory and the law by incorporating agent-based computer simulations.

John H. Chestnut Professor of Law, Communication, and Computer & Information Science Director, Center for Technology, Innovation & Competition University of Pennsylvania Law School 3501 Sansom Street, Golkin 230 Philadelphia, PA 19104 Phone: 215.746.8772 csyoo@law.upenn.edu

Christopher Yoo is John H. Chestnut Professor of Law, Communication and Computer & Information Science and director, Center for Technology, Innovation, & Competition at the University of Pennsylvania Law School. He has emerged as one of the nation’s leading authorities on law and technology. His research focuses on how economic theories of imperfect competition are transforming the regulation of the Internet and other forms of electronic communications. He has been a leading voice in the “network neutrality” debate that has dominated Internet policy over the past several years. He is also pursuing research on copyright theory as well as the history of presidential power. He is the author, with Daniel F. Spulber, of Networks in Telecommunications: Economics and Law (Cambridge, 2009) and, with Steven G. Calabresi, of The Unitary Executive: Presidential Power from Washington to Bush (Yale, 2008). Yoo testifies frequently before Congress, the Federal Communications Commission, and the Federal Trade Commission.

Professor Yoo received his AB from Harvard University, his MBA from the University of California, Los Angeles, and his JD from Northwestern University.

Law Review Program, Co-sponsored by the Law & Economics Center Thursday, January 17, 2013 George Mason University School of Law

Friday, January 25 – Monday, January 28, 2013 South Seas Island Resort, Captiva Island, Florida

Friday, January 25 – Monday, January 28, 2013 South Seas Island Resort, Captiva Island, Florida

Friday, January 25 – Monday, January 28, 2013 South Seas Island Resort, Captiva Island, Florida

Friday, February 15 – Saturday, February 16, 2013 George Mason University School of Law

Wednesday, May 15, 2013 George Mason University School of Law

Monday, May 20 – Friday, May 24, 2013 George Mason University School of Law

Wednesday, June 5, 2013 George Mason University School of Law

Sunday, July 7 – Friday, July 19, 2013 Park Hyatt Beaver Creek, Avon, Colorado

Friday, September 13, 2013 George Mason University School of Law

Please go to www.MasonManne.org

Contact Jeff Smith, Coordinator, Manne Programs at jsmithQ@gmu.edu or 703.993.8382.

The Law & Economics Center is a national center for research and education that focuses on the timely and relevant economic analysis of legal and public policy issues confronting our nation. Since its inception in 1974, the LEC has played a critical role as a leader in law and economics research and education. The LEC recognizes both the importance of timely, relevant, and unassailable research on public policy issues as well as the necessity of communicating research findings to those who are directly shaping our country’s public policy discussions. With research divisions devoted to large-scale empirical projects and top quality legal policy analysis and educational arms reaching out to judges, attorneys general, and other policymakers, the LEC is uniquely equipped to positively impact national rhetoric and outcomes.

The Mason Judicial Education Program is the nation’s preeminent provider of high-quality and

balanced judicial education seminars that focus on economics, finance, accounting, statistics, and scientific method. The LEC has been offering programs for judges since 1976.

The Henry G. Manne Program on Law & Economics Studies promotes law and economics scholarship by funding faculty research and hosting policy-relevant research roundtables and academic conferences.

The Searle Civil Justice Institute is a public policy institute devoted to producing timely, analytically rigorous, and balanced research on important civil justice issues confronting our free enterprise system.

The Mason Attorneys General Education Program offers educational programming for state attorneys general and their staff attorneys to provide them a broad-based understanding of the economic and public policy issues they encounter in the course of their legal practice.

The Congressional Civil Justice Caucus Academy provides rigorous, balanced education programs on a range of civil justice issues for the benefit of the general public and members of the US Congress and their staff.

The Henry G. Manne Program in Law & Economic Studies (Manne Program), a division of the Law & Economics Center at George Mason University School of Law, honors the legacy of Henry G. Manne—Dean Emeritus of George Mason Law School and founder of the Law & Economics Center. Dean Manne was a trailblazer in the development of law and economics, not only as a prominent and influential scholar, but also as an academic entrepreneur. He spurred the development of law and economics into the most influential area of legal scholarship through such academic innovations as “Economics Institutes for Law Professors” and “Law Institutes for Economics Professors”.

Dean Manne's founding of the Law & Economics Center in 1974 was a seminal event in the development of the field of law and economics, today unquestionably the dominant intellectual approach to legal scholarship in the world. But over the years the economic approach that initially characterized this intellectual revolution, based on the theory of private property rights, contractual solutions and market competition, gave way to more fashionable styles in academic economics generally. This meant more emphasis on non-market or statist approaches to legal or policy issues and a heavier emphasis on empirical studies, often as an end in themselves. This led to the neglect or deemphasis of the study of property rights and market processes which had been so successful in the earlier transformation of legal scholarship.

The Law & Economics Center, now led by its Executive Director, Henry N. Butler, has assumed the ambitious goal of reinvigorating Dean Manne's original approach to law and economics and thereby energizing legal scholarship generally. The initial step towards this goal was the revival of the original LEC program to acquaint law professors with market economics. The first of this second series of Economics Institutes for Law Professors was held in July 2012, forty-one years after the historic first Institute.

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