Lisa Bernstein : Publications

Journal Articles

"Private Commercial Law in the Cotton Industry: Creating Cooperation Through Rules, Norms, and Institutions," 99 Mich. L. Rev. 1724 (2001).

"The Questionable Empirical Basis of Article 2's Incorporation Strategy: A Preliminary Study," 66 U. Chi. L. Rev. 76 (1999); reprinted in Certainty and the Law, Ejan Mackaay, ed. (2000).

"On Compensation and Information: The Secrecy Interest in Contract Law," 109 Yale L. J. 1885 (2000) (with Omri Ben-Shahar); reprinted in part in Contract and Related Obligation: Theory, Doctrine and Practice, Hillman and Summers (4th ed. forthcoming).

"Comment, Symposium on the New Chicago School: Myth or Reality," 5 U. Chi. Roundtable 1 (1999).

"Forward: the Internet and Shasta County," 73 Chi.-Kent L. Rev. 941 (1998).

"Understanding the Limits of Court-Connected ADR: A Critique of Federal Court-Annexed Arbitration Programs," 141 University of Pennsylvania Law Review 2169 (1993); reprinted in part in Civil Procedure Anthology, David I. Levine, Donald L. Doernberg, and Melissa Neiken (1998).

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

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

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

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

"Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry," 21 Journal of Legal Studies 115 (1992). Reprinted in part in Randy Barnett, Contracts: Theory and Doctrine (1995).