Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and...

Patents are becoming an increasingly large business with ever greater resources devoted to litigation and enforcement. At the center of that business lie the damages that courts award at trial and the ways in which courts go about calculating those damages. Yet the legal standards meant to...

Scholars and lower courts have traditionally operated under the belief that cases involving direct tradeoffs between free speech and national security call for the application of straightforward cost-benefit analysis. But the Supreme Court has refused to adhere to this approach, instead deciding...

Over the past several decades, the Federal Circuit has been roundly criticized for creating overly formal doctrines that ill serve the interests of innovators and consumers alike. Scholars have suggested doctrinal corrections of all types, but the Federal Circuit's performance appears, if...