Brandeis and Holmes, Business and Economics, Then and Now

Richard Posner

Review of Law & Economics, 2005, vol. 1, issue 1, 1-14

Abstract: This Article attempts to explain the views about business of Brandeis and Holmes. The Article analyses why their economic thinking differed as it did; to what extent it comports with a modern understanding of economics; and how Holmes and Brandeis could have been such close allies when their economic theories differed as fundamentally as they did. Finally, the Article addresses the consequences and current significance of, if any, the theories of Brandeis and Holmes, with particular though not exclusive reference on the one hand to antitrust law and on the other hand to the current crisis of corporate governance.

Date: 2005
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DOI: 10.2202/1555-5879.1010

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