Abstract
THOSE who know Aaron Director well may recognize how much this essay owes to him. They will also understand the difficulty of acknowledging a great intellectual debt without at the same time implicating him in whatever novel and old errors I may present. For others, a short acknowledgment is that Director is a blameless co-author, in the senses that he first suggested major questions (and answers) in this field, and that I would not have written this essay if I had never met him.' In addition, I hope that this essay makes some novel contributions both to the understanding of old cases, (for example, to the Cracking case, which at one time at least puzzled both of us),2 and toward a general analytic framework that may prove useful to lawyers and to economists concerned with what courts do.
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