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Omri Ben-Shahar : Publications

Books (Author)

    More Than You Wanted to Know: The Failure of Mandated Disclosure (Princeton University Press, 2014) (with Carl E. Schneider). [CU]

Books (Editor)

    Fault in American Contract Law. (Cambridge University Press, 2010) (edited with Ariel Porat). [CU] [WWW]

Journal Articles

    "Introduction: Rational Choice Approach to Judicial Behavior," 44 Journal of Legal Studies S1 (2015) (with Thomas J. Miles). [WWW]

    "Coping with the Failure of Mandated Disclosure," 11 Jerusalem Review of Legal Studies 83 (2014) (with Carl E. Schneider).

    "Exit from Contract," 6 Journal of Legal Analysis 151 (2014) (with Oren Bar-Gill). [CU] [WWW]

    "The Futility of Cost Benefit Analysis in Financial Disclosure Regulation," 43 Journal of Legal Studies S253 (2014) (with Carl E. Schneider). [CU]

    "Regulation Through Boilerplate: An Apologia (reviewing Margaret Jane Radin, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law (2013))," 112 Michigan Law Review 883 (2014). [CU] [SSRN]

    "Tribute to Thomas J. Miles," 43 Journal of Legal Studies 207 (2014). [CU]

    "Reversible Rewards," 15 American Law and Economics Review 156 (2013) (with Anu Bradford). [CU]

    "Introduction: A Law and Economics Approach to European Contract Law," 50 Common Market Law Review 3 (2013). [CU]

    "Regulatory Techniques in Consumer Protection: A Critique of European Consumer Contract Law," 50 Common Market Law Review 109 (2013) (with Oren Bar-Gill). [CU] [SSRN]

    "Contract versus Property Damages," 12 Academia Sinica Law Journal 1 (2013). [CU]

    "Efficient Enforcement in International Law," 12 Chicago Journal of International Law 375 (2012) (with Anu Bradford). [CU]

    "Outsourcing Regulation: How Insurance Reduces Moral Hazard," 111 Michigan Law Review 197 (2012) (with Kyle D. Logue). [CU] [SSRN]

    "Protección al Consumidor sin el Derecho," 10 Revista de Economía y Derecho 7 (2012). [CU]

    "Damages for Unlicensed Use," 78 University of Chicago Law Review 7 (2011). [CU]

    "Fixing Unfair Contracts," 63 Stanford Law Review 869 (2011). [CU] [SSRN]

    "The Right to Withdraw in Contract Law," 40 Journal of Legal Studies 115 (2011) (with Eric Posner). [CU]

    "The Failure of Mandated Discourse," 159 University of Pennsylvania Law Review 647 (2011) (with Carl E. Schneider). [CU]

    "Licensing of Intellectual Property," 78 University of Chicago Law Review 1 (2011) (with Richard A. Epstein & Jonathan Masur). [CU]

    "One-Way Contracts: Consumer Protection Without Law," 6 European Review of Contract Law 221 (2010). [CU]

    "Pre-Closing Liability," 77 University of Chicago Law Review 977 (2010). [CU] [SSRN]

    "Fault in American Contract Law," 107 Michigan Law Review 1341 (2009) (with Ariel Porat). [CU]

    "An Information Theory of Willful Breach," 107 Michigan Law Review 1479 (2009) (with Oren Bar-Gill). [CU]

    "The Myth of 'Opportunity to Read' in Contract Law," 5 European Review of Contract Law 1 (2009). [CU]

    "The Prisoners' (Plea Bargain) Dilemma," 1 Journal of Legal Analysis [i] (2009) (with Oren Bar-Gill). [CU]

    "A Bargaining Power Theory of Default Rules," 109 Columbia Law Review 396 (2009). [CU]

    "How Bad are Mandatory Arbitration Terms?," 41 University of Michigan Journal of Law Reform 777 (2008). [CU]

    "Against Irreparable Benefits," 116 Yale Law Journal 381 (2007). [CU]

    "Partially Odious Debts?," 70 Law and Contemporary Problems 47 (2007) (with G. Mitu Gulati). [CU] [SSRN]

    "More Options, Less Freedom (reviewing Ian Ayres, Optional Law: The Structure of Legal Entitlements (2005))," 44 Journal of Economic Literature 444 (2006). [CU]

    "Boilerplate and Economic Power in Auto Manufacturing Contracts," 104 Michigan Law Review 953 (2006) (with James J. White). [CU]

    "On the Stickiness of Default Rules," 33 Florida State University Law Review 651 (2006) (with John A. E. Pottow). [CU] [SSRN]

    "Foreword to Boilerplate: Foundations of Market Contracts Symposium," 104 Michigan Law Review 821 (2006). [CU]

    "Legal Durability," 1 Review of Law and Economics 15 (2005). [CU] [WWW]

    "An Ex-Ante View of the Battle of the Forms: Inducing Parties to Draft Reasonable Terms," 25 International Review of Law and Economics 350 (2005). [CU]

    "Credible Coercion," 83 Texas Law Review 717 (2005) (with Oren Bar-Gill). [CU]

    "The Legal Value of Chance: Distorted Measures of Recovery in Private Law," 7 American Law and Economics Review 484 (2005) (with Robert A. Mikos). [CU] [SSRN]

    Response, "Mutal Assent Versus Gradual Ascent: The Debate Over the Right to Retract", 152 University of Pennsylvania Law Review 1947 (2004). [CU]

    "'Agreeing to Disagree': Filling Gaps in Deliberately Incomplete Contracts," 2004 Wisconsin Law Review 389 (2004). [CU]

    "The Law of Duress and the Economics of Credible Threats," 33 Journal of Legal Studies 391 (2004) (with Oren Bar-Gill). [CU]

    "Contracts without Consent: Exploring a New Basis for Contractual Liability," 152 University of Pennsylvania Law Review 1829 (2004). [CU]

    "Foreword to Freedom from Contract Symposium," 2004 Wisconsin Law Review 261 (2004). [CU]

    "The Uneasy Case for Comparative Negligence," 5 American Law and Economics Review 433 (2003) (with Oren Bar-Gill). [CU] [SSRN]

    "Threatening an Irrational Breach of Contract," 11 Supreme Court Economic Review 143 (2003) (with Oren Bar-Gill). [CU]

    "Precontractual Reliance," 30 Journal of Legal Studies 423 (2001) (with Lucian Arye Bebchuk). [CU] [SSRN]

    "The Secrecy Interest in Contract Law," 109 Yale Law Journal 1885 (2000) (with Lisa Bernstein). [CU] [SSRN]

    "The Tentative Case Against Flexibility in Commercial Law," 66 University of Chicago Law Review 781 (1999). [CU] [SSRN]

    "The Erosion of Rights by Past Breach," 1 American Law and Economics Review 190 (1999). [CU] [SSRN]

    "The Regulation of the Licensing of Professional Occupations," 1998 Economic Quarterly 18 (1998) (also published in Hebrew, 1998). [CU]

    "Should Products Liability Be Based on Hindsight?," 14 Journal of Law, Economics and Organization 325 (1998). [CU] [SSRN]

    "Playing Without a Rulebook: Optimal Sanctions When Individuals Learn the Penalty Only by Committing the Crime," 17 International Review of Law and Economics 409 (1997). [CU]

    "The Economics of the Law of Criminal Attempts: A Victim-Centered Perspective," 145 University of Pennsylvania Law Review 299 (1996) (with Alon Harel). [CU] [SSRN]

    "Informed Courts, Uninformed Individual and the Economics of Judicial Hindsight," 151 Journal of Institutional and Theoretical Economics 613 (1995). [CU]

    "Blaming the Victim: Optimal Incentives for Private Precautions against Crime," 11 Journal of Law, Economics and Organization 434 (1995) (with Alon Harel). [CU]

    "Blaming the Victims: Optimal Incentives for Private Precautions Against Crime," 11 Journal of Law, Economics and Organization 434 (1995) (with Alon Harel). [CU]

Book Sections

    "The Invention of Simplicity," in Ronald H. Coase (University of Chicago Law School, 2014).

    "An Information Theory of Willful Breach," in Fault in American Contract Law, Omri Ben-Shahar & Ariel Porat eds. (Cambridge University Press, 2010). [CU]

    "Threatening an Irrational Breach of Contract," in The Law and Economics of Irrational Behavior, Francesco Parisi & Vernon L. Smith eds. (Stanford University Press, 2004). [CU]

    "The Secrecy in Contract Law," in Contract and Related Obligation: Theory, Doctrine, and Practice, Robert Hillman & Robert Summers eds. (West Group, 2000) (with Lisa Bernstein). [CU]

    "Causation and Foreseeability," in II Encyclopedia of Law and Economics., Boudewijn Bouckaert & Gerrit De Geest eds. 2000). [CU]

    "Criminal Attempts," in 1 The New Palgrave Dictionary of Economics and the Law.1998). [CU]

    "The Economics of the Law of Criminal Attempts: A Victim-Centered Perspective," in Criminal Law: Cases and Materials, John Kaplan, Robert Weisberg & Guyora Binder eds. (Little Brown and Co., 1996) (with Alon Harel). [CU]

Working Papers

    "The Perverse Effects of Subsidized Weather Insurance," Coase-Sandor Working Paper Series in Law and Economics, No. 714 (2015) (with Kyle D. Logue).

    "Under the Weather: Government Insurance and the Regulation of Climate Risks," Coase-Sandor Working Paper Series in Law and Economics, No. 714 (2015) (with Kyle D. Logue). [CU] [SSRN]

Other Publications

    "How Insurance Substitutes for Regulation," Regulation, March Spring 2013 (with Kyle D. Logue). [CU] [WWW]

    "The Prisoners' (Plea Bargain) Dilemma," Regulation, Spring 2010 (with Oren Bar-Gill). [SSRN] [WWW]

    "Consumer Protection without Law Consumer Protection," Regulation, 2010. [SSRN] [WWW]

    "The (Legal) Pains of Vioxx," Economist's Voice, 2006. [WWW]