IP Law and the New Experimental Empiricism

Christoph Engel & Michael Kurschilgen, Fairness Ex Ante and Ex Post: An Experimental Test of the German "Bestseller Paragraph," available at SSRN. Christopher Sprigman It is often said that in the late 20th century, the legal academy took an "empirical" turn with the rise of law and economics. But the word "empirical" is not quite right as a characterization of the direction in which law and economics has nudged the legal academic literature. Much of law and economics, especially in its early years, involved the application of (often very basic) economic theory to an expanding list of legal issues. The aim was to use an abstract form of economics to reform legal doctrine. That work was more theoretical than empirical, but that isn't meant as a criticism – many areas of legal doctrine were so badly theorized that even basic economic interventions yielded up valuable insights. Continue reading "IP Law and the New Experimental Empiricism"

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