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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) (edited with Carl E. Schneider).

Books (Editor)

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

Journal Articles

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

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

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

    "Regulation Through Boilerplate: An Apologia," 112 Michigan Law Review 883 (2014). [SSRN]

    "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]

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

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

Book Sections

    "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. (Edward Elgar, 2000). [CU]

    "Criminal Attempts," in 1 The New Palgrave Dictionary of Economics and the Law.(Grove Dictionaries, 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

    "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). [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]