Ethan Fenn holds a B.A. in economics and mathematics from Wesleyan University, an A.M. and Ph.D. in economics from the University of Chicago, and a J.D. from the same institution, where he was Editor in Chief of the University of Chicago Law School Roundtable, a general interdisciplinary student law journal.

Currently, he serves as Publisher, Editor in Chief, and a frequent contributor for The Law and Economics Letter , an online journal of Law and Economics.

He is admitted to the bar in Vermont and New York.

When not practicing law his interests include baseball, ice hockey, block printing and Arthurian studies.

My practice has a unique concentration in the area of Law and Economics. That field is best known as an academic discipline through which legal scholars have analyzed the economic efficiency of various legal rules. However, it can also be of use in resolving real-life cases.

Certain areas of law explicitly invite economic analysis. In antitrust law, for instance, whether a monopoly exists can depend on the true extent of the market, the availability of substitute goods, and the barriers to market entry; and the reasonability of a restraint of trade can depend on the strength of its business rationale. All these questions can benefit from the application of economics.

In the field of intellectual property, the patent and copyright laws explicitly adopt the economic incentive for creativity as a chief purpose. In novel or borderline questions of intellectual property, the extent that various outcomes serve this purpose can help decide the question.

Broader kinds of cases can also benefit from economic analysis. In any type of litigation, establishing the existence of damages, their extent, and their cause can all depend on economic reasoning. At the appellate level, courts look at the policy consequences including the economic consequences-of their decisions, so understanding those consequences can aid in persuading the court. In transactional work, structuring a transaction so that all parties achieve their business goals, and have consistent incentives for performance, can depend on a sophisticated economic understanding of those goals and incentives.

Not every legal matter calls for serious economic study; but for those that do, I am one of very few lawyers practicing Law and Economics.

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