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Lisa Bernstein : Publications

Books (Editor)

    Customary Law and Economics (Edward Elgar, 2014) (edited with Francesco Parisi). [CU]

Journal Articles

    "An (Un)Common Frame of Reference: An American Perspective on the Jurisprudence of the CESL," 50 Common Market Law Review 169 (2013). [CU] [SSRN]

    "Copying and Context: Tying as a Solution to the Lack of Intellectual Property Protection of Contract Terms," 88 NYU Law Review Online 1 (2013). [CU] [SSRN]

    "Private Commercial Law in the Cotton Industry: Creating Cooperation Through Rules, Norms, and Institutions," 99 Michigan Law Review 1724 (2001). [CU]

    "The Secrecy Interest in Contract Law," 109 Yale Law Journal 1885 (2000) (with Omri Ben-Shahar). [CU] [SSRN]

    "The Questionable Empirical Basis of Article 2's Incorporation Strategy: A Preliminary Study," 66 University of Chicago Law Review 710 (1999). [CU]

    "The New Chicago School: Myth or Reality?," 5 University of Chicago Law School Roundtable 1 (1998) (with Richard A. Epstein, Eric Posner & Randal C. Picker). [CU]

    "Foreword: The Internet and Shasta County," 73 Chicago-Kent Law Review 941 (1998). [CU]

    "Merchant Law in a Merchant Court: Rethinking the Code's Search for Immanent Business Norms," 144 University of Pennsylvania Law Review 1765 (1996). [CU] [SSRN]

    "The Silicon Valley Lawyer as Transaction Cost Engineer?," 74 University of Oregon Law Review 239 (1995). [CU]

    "An Economic Analysis of Mary Carter Settlement Agreements," 83 Georgetown Law Journal 2215 (1995) (with Daniel Klerman). [CU]

    "Understanding the Limits of Court-Connected ADR: A Critique of Federal Court-Annexed Arbitration Programs," 141 University of Pennsylvania Law Review 2169 (1993). [CU]

    Comment, "Social Norms and Default Rules Analysis," 3 Southern California Interdisciplinary Law Journal 59 (1993). [CU]

    "Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry," 21 Journal of Legal Studies 115 (1992). [CU]

Book Sections

    "Merchant Law in Modern Economy," in Philosophical Foundations of Contract Law, Gregory Klass, George Letsas & Prince Saprai eds. (Oxford University Press, forthcoming 2014).

    "Customary Law: An Introduction," in Customary Law and Economics, Lisa Bernstein & Francesco Parisi eds. (Edward Elgar, 2014) (with Francesco Parisi). [CU]

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

    "Private Commercial Law," in 3 New Palgrave Dictionary of Economics and the Law 108.(Macmillan Reference, 1998). [CU]