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Lisa Bernstein : Publications

Book Sections

"Merchant Law in Modern Economy," in Philosophical Foundations of Contract Law, Klass, Letsas and Saprai, eds. Oxford, forthcoming in 2014.

"Customary Law: An Introduction." In Customary Law, L. Bernstein and F. Parisi, eds. Elgar, forthcoming 2013.

Journal Articles

“An (Un)Common Frame of Reference: An American Perspective on the Jurisprudence of the CESL,” Common Market Law Review (1-2) 169 (2013).

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

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

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

"On Compensation and Information: The Secrecy Interest in Contract Law," 109 Yale Law Journal 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 University of Chicago Roundtable 1 (1999).

"Forward: the Internet and Shasta County," 73 Chicago-Kent Law Review. 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).