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Omri Ben-Shahar : Publications

Book Sections

"Mandatory Arbitration and Access-to-Justice." (Forthcoming 2013), reprinted as "Mandatory Arbitration and Access to Justice: Economics Analysis," in Regulatory Competition in Contract Law and Dispute Resolution, edited by H. Eidenmuller. Hart, 2013.

"Threatening an Irrational Breach of Contract." In The Law and Economics of Irrational Behavior, edited by F. Parisi and V. Smith. Stanford University Press, 2004.

"Causation and Foreseeability." In Encyclopedia of Law and Economics, edited by Boudewijn Bouckaert and Gerrit De Geest. Edward Elgar, 2000.

"The Secrecy in Contract Law." In Contracts and Related Obligation, 4th ed., edited by Robert Summers and Robert Hillman. West Group, 2000 (with Lisa Bernstein; an excerpt).

"Criminal Attempts." In The New Palgrave Dictionary of Economics and the Law. Grove Dictionaries, 1998.

"The Economics of the Law of Criminal Attempts: A Victim-Centered Perspective." In Criminal Law: Cases and Materials, 5th ed., edited by Kaplan, Weisberg, and Binder. Aspen, 1996 (with Alon Harel; an excerpt).

Journal Articles

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

"Regulation Through Boilerplate: An Apologia." (Review of Margaret Jane Radin, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law), 112 Michigan Law Review (Forthcoming, 2013).

"Regulatory Techniques in the Consumer Protection: A Critique of European Consumer Contract Law." 50 Common Market Law Review Special Issue 109 (2013). (with Oren Bar-Gill)

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

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

"Fixing Unfair Contracts." 63 Stanford Law Review 869 (2011).

"The Failure of Mandated Disclosure." 159 University of Pennsylvania Law Review 647 (2011) (with Carl Schneider).

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

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

"Consumer Protection Without Law." 33 Regulation 1 (2010).

"A Bargaining Power Theory of Default Rules " 109 Columbia Law Review (2009).

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

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

"The Myth of Opportunity to Read in Contract Law." 5 European Review of Contract Law 1 (2009).

"The Prisoners' (Plea Bargain) Dilemma." 1 Journal of Legal Analysis (2009; reprinted in Regulation, 2010) (with Oren Bar-Gill).

"Against Irreparable Benefits." 116 Yale Law Journal 381 (2007).

"Partially Odious Debt? A Framework for Optimal Liability." 70 Journal of Law and Contemporary Problems 101 (2007) (with Mitu Gulati).

"Boilerplate and Economics Power in Auto Production Contracts." 104 Michigan Law Review 953 (2006) (with James J. White; in Symposium on "Boilerplate: Foundations of Market Contracts").

"Forward: Symposium on Boilerplate." 104 Michigan Law Review 821 (2006).

"The (Legal) Pains of Vioxx." 3 The Economist's Voice (2006).

"More Options, Less Freedom." Review of Optional Law, by Ian Ayres. XLIV Journal of Economic Literature 444 (2006).

"On the Stickiness of Default Rules." 33 Florida State Law Review 651 (2006) (with John Pottow; in Symposium on "Default Rules").

"Credible Coercion." 83 Texas Law Review 717 (2005).

"An Ex-Ante View of the Battle of the Forms: Inducing Parties to Draft Reasonable Terms, in Conference on Commercial Law Theory and the CISG." 25 International Review of Law and Economics 350 (2005).

"Legal Durability." 1 Review of Law and Economics 15 (2005).

"The (Legal) Value of Chance: Distorted Measures for Recovery in Private Law." 7 American Law and Economics Review 484 (2005).

"Agreeing to Disagree: Filling Gaps in Deliberately Incomplete Contracts." 2004 Wisonsin Law Review 389 (2004) (in symposium on "Freedom from Contract").

"Ascent of Contract versus Contract upon Assent: Addendum." 152 University of Pennsylvania Law Review 1947 (2004).

"Contracts without Consent: Exploring a New Basis for Contractual Liability." 152 University of Pennsylvania Law Review 1829 (2004) (a symposium on this article appeared in the same issue).

"Freedom from Contract: Forward." 2004 Wisonsin Law Review 261 (2004).

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

"Threatening an Irrational Breach of Contract." 11 Supreme Court Economic Review 143 (2004).

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

"Precontractual Reliance." 30 The Journal of Legal Studies 423 (2001) (with Lucian Bebchuk).

"The Secrecy in Contract Law." 109 Yale Law Journal 1885 (2000) (with Lisa Bernstein).

"The Erosion of Rights by Past Breach." 1 American Law and Economics Review 190 (1999).

"The Tentative Case Against Flexibility in Commercial Law." 66 University of Chicago Law Review 781 (1999) (reviewed by Ian Ayres, "Eroding Entitlements as Litigation Commitment," 66 University of Chicago Law Review 836).

"The Regulation of the Licensing of Professional Occupations." 1998(1) The Economic Quarterly 18 (1998) (also published in Hebrew, 1998).

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

"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).

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

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

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

Journal Editor

Journal of Legal Studies (2008-2009).

Magazine Articles

"Consumer Protection Without Law." Regulation Summer 2010, p. 26.