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Saul Levmore : Publications

Books (Author)

Super Strategies for Puzzles and Games: How to Find Solutions That Work and Plan Tactics That Win! Gramercy Books, 2003 (with Elizabeth Early Cook; originally published by Doubleday, 1981).

Books (Editor)

The Offensive Internet: Speech, Privacy and Reputation. Harvard University Press, 2010 (with Martha C. Nussbaum).

Foundations of Tort Law. 2 ed. Oxford University Press, 2010.

Foundations of Tort Law. Oxford University Press, 1994 (edited anthology; moved to Foundation Press in 1999).

Book Sections

"Primogeniture, Legal Change, and Trollope," in Empire and Sympathy: Gender, Law, and the British Novel in the Eighteenth and Nineteenth Centuries. Oxford University Press, 2012.

"The Internet's Anonymity Problem." In The Offensive Internet: Speech, Privacy and Reputation, edited by Martha C. Nussbaum and Saul Levmore. Harvard University Press, 2010.

"The Story of the Wagon Mound Cases: Foreseeability, Causation, and Mrs. Palsgraf." In Tort Stories, edited by Robert L. Rabin and Stephen D. Sugarman. Foundation Press, 2003.

"Carrots and Torts." In Chicago Lectures in Law and Economics, edited by Eric A. Posner. Foundation Press, 2000 (Coase Lecture).

"Retroactive Taxation." In vol. 3 of The New Palgrave Dictionary of Economics and the Law, edited by Peter Newman. Grove Dictionaries, 1998.

"Unjust Enrichment." In vol. 3 of The New Palgrave Dictionary of Economics and the Law, edited by Peter Newman. Grove Dictionaries, 1998.

"Transfusing Tort Law." In Issues in Compensatory Justice: The Bhopal Accident, edited by R. S. Khare. Committee on the Comparative Study of the Individual and Society, Center for Advanced Studies, University of Virginia, 1987.

Journal Articles

"Internality Regulation Through Public Choice." Theoretical Inquiries in Law (2013).

"The Impending iPrize Revolution in Intellectual Property Law." 93 Boston University Law Review 139 (2013).

"Harmonization, Preferences, and the Calculus of Consent in Commercial and Other Law." 50 Common Market Law Review 243 (2013).

"Asymmetries and Incentives in Plea Bargaining and Evidence Production." 122 Yale Law Journal 690 (2012) (with Ariel Porat).

"Public Choice and Law’s Either/Or Inclination." 79 University of Chicago Law Review 1663 (2012).

"Rethinking Ponzi-Scheme Remedies In and Out of Bankruptcy." 92 Boston University Law Review 969 (2012).

"Bargaining with Double Jeopardy." 40 Journal of Legal Studies 273 (2011) (with Ariel Porat).

"Eminent Domain after Kelo." 11 Engage, Issue 3 (2010) (with Ilya Somin).

"Ambiguous Statutes." 77 University of Chicago Law Review 1073 (2010).

"Interest Groups and the Problem with Incrementalism." 158 University of Pennsylvania Law Review 815 (2010).

Review of “Punishment, Compensation, and Law: A Theory of Enforceability,” by Mark R. Reiff in 119 Mind 848 (2010).

"Stipulated Damages, Super-Strict Liability, and Mitigation in Contract Law." 107 Michigan Law Review 1365 (2009).

"In Memoriam: David P. Currie (1936–2007)." 75 University of Chicago Law Review 21 (2008).

"Judging Deception." 74 University of Chicago Law Review 1779 (2007).

"Parental Leave and American Exceptionalism." 53 Case Western Reserve University 203 (2007).

"A Theory of Deception and Then of Common Law Categories." 85 Texas Law Review 1359 (2007).

"Tribute to Bernard Meltzer." University of Chicago Law Review 409 (2007).

"Uncapturing Law School Regulation." 11 Texas Review of Law and Politics 291 (2007).

"Public Choice Defended." Review of Democracy Defended, by Gerry Mackie. 72 University of Chicago Law Review 777 (2005).

"Taxing Obesity—or Perhaps the Opposite." 53 Cleveland State Law Review 575 (2005).

"Uncorporations and the Delaware Strategy." 2005 University of Illinois Law Review 195 (2005).

"Citizen Warranties and Majorities." 31 Florida State University Law Review 409 (2004) (Ladd Lecture).

"Privatizing Reparations." 84 Boston University Law Review 1291 (2004).

"Insuring against Terrorism and Crime." 102 Michigan Law Review 268 (2003) (with Kyle D. Logue).

"Property's Uneasy Path and Expanding Future." 70 University of Chicago Law Review 181 (2003).

"Simply Efficient Markets and the Role of Regulation: Lessons from the Iowa Electronic Markets and the Hollywood Stock Exchange." 28 Journal of Corporation Law 589 (2003).

"Clientele Effects and Our Fourth-Best Corporate Tax System." 80 Taxes 12 (2002).

"From Cynicism to Positive Theory in Public Choice." 87 Cornell Law Review 375 (2002).

"Ruling Majorities and Reasoning Pluralities." Vol. 3, no.1 Theoretical Inquiries in Law Art. 4 (2002).

"Surprising Admissions." 34 University of Toledo Law Review 113 (2002).

"Two Stories about the Evolution of Property Rights." 31 Journal of Legal Studies S421 (2002).

"Conjunction and Aggregation." 99 Michigan Law Review 723 (2001).

"Puzzling Stock Options and Compensation Norms." 149 University of Pennsylvania Law Review 1901 (2001).

"More Than Mere Majorities." 2000 Utah Law Review 759 (2000) (Leary/Coif Lecture).

"Norms as Supplements." 86 Virginia Law Review 1989 (2000).

"The Public Choice Threat." 67 University of Chicago Law Review 941 (2000).

"Social Programs and Manageable Units." 8 Journal of Gender, Social Policy, and the Law 103 (2000) (symposium comment).

"Speculative Law: Beyond Cigarettes and Swiss Banks." 52 Alabama Law Review 639 (2000).

"Voting with Intensity." 53 Stanford Law Review 111 (2000).

"Changes, Anticipations, and Reparations." 99 Columbia Law Review 1657 (1999).

"Double-Blind Law-Making and Other Comments on Formalism in the Tax Law." 66 University of Chicago Law Review 915 (1999) (symposium comment).

"Licensing: Permission Slips in Corporate and Fourth Amendment Law." 93 Northwestern University Law Review 709 (1999).

"Voting Paradoxes and Interest Groups." 28 Journal of Legal Studies 259 (1999).

"Competition and Cooperation." 97 Michigan Law Review 216 (1998).

"Efficiency and Conspiracy: Conflicts of Interest, Antinepotism Rules, and Separation Strategies." 66 Fordham Law Review 2099 (1998) (Levine Lecture).

"Joint Custody and Strategic Behavior." 73 Indiana Law Journal 429 (1998) (symposium response).

"Taxes as Ballots." 65 University of Chicago Law Review 387 (1998).

"Fables, Sagas, and Laws." 33 Willamette Law Review 485 (1997) (Paulus Lecture).

"Judges and Economics: Normative, Positive, and Experimental Perspectives." 21 Harvard Journal of Law and Public Policy 129 (1997) (symposium comment).

"Unifying Remedies: Property Rules, Liability Rules, and Startling Rules." 106 Yale Law Journal 2149 (1997).

"The Anonymity Tool." 144 University of Pennsylvania Law Review 2191 (1996).

"Coalitions and Quakes: Disaster Relief and Its Prevention." 3 University of Chicago Law School Roundtable 1 (1996).

"Precommitment Politics." 82 Virginia Law Review 567 (1996).

"Unconditional Relationships." 76 Boston University Law Review 807 (1996) (lecture).

"Gomorrah to Ybarra and More: Overextraction and the Puzzle of Immoderate Group Liability." 81 Virginia Law Review 1561 (1995).

"Love It or Leave It: Property Rules, Liability Rules, and Exclusivity of Remedies in Partnership and Marriage." 58 Law and Contemporary Problems 1561 (1995).

"Rethinking Group Responsibility and Strategic Threats in Biblical Texts and Modern Law." 70 Chicago-Kent Law Review 85 (1995).

"Explaining Creditor Priorities." 80 Virginia Law Review 2103 (1994) (with Hideki Kanda).

"Obligation or Restitution for Best Efforts." 67 University of Southern California Law Review 1411 (1994).

"The Case for Retroactive Taxation." 22 Journal of Legal Studies 265 (1993).

"Commissions and Conflicts in Agency Arrangements: Lawyers, Real Estate Brokers, Underwriters, and Other Agents' Rewards." 36 Journal of Law and Economics 503 (1993).

"Irreversibility and the Law: The Size of Firms and Other Organizations." 18 Journal of Corporation Law 333 (1993) (reprinted: Corporate Practice Commentator 1994–1995, 527).

"Bicameralism: When Are Two Decisions Better Than One?" 12 International Review of Law and Economics 145 (1992).

"Partnerships, Limited Liability Companies, and Taxes: A Comment on the Survival of Organizational Forms." Washington University Law Quarterly 70 489 (1992) (symposium comment).

"On Compensation and Distribution." 33 Nomos 186 (1991) (symposium comment).

"Takings, Torts, and Special Interests." 77 Virginia Law Review 1333 (1991).

"Taxes, Agency Costs, and the Price of Incorporation." 77 Virginia Law Review 211 (1991) (with Hideki Kanda; reprinted: Corporate Practice Commentator 1991–1992, 275).

"Just Compensation and Just Politics." 22 Connecticut Law Review 285 (1990) (lecture).

"Probabilistic Recoveries, Restitution, and Recurring Wrongs." 19 Journal of Legal Studies 691 (1990).

"Remedies and Incentives in Private and Public Law: A Comparative Essay." 1990 Wisconsin Law Review 483 (1990) (with William Stuntz).

"Parliamentary Law, Majority Decisionmaking, and the Voting Paradox." 75 Virginia Law Review 971 (1989).

"In Defense of the Regulation of Insider Trading." 11 Harvard Journal of Law and Public Policy 101 (1988).

"Recharacterizations and the Nature of Theory in Corporate Tax Law." 136 University of Pennsylvania Law Review 1019 (1988).

"Strategic Delays and Fiduciary Duties." 74 Virginia Law Review 863 (1988).

"The Positive Role of Tax Law in Corporate and Capital Markets." 12 Journal of Corporation Law 483 (1987).

"A Primer on the Sale of Corporate Control." Review of The Philosophy of Corporate Control: A Treatise on the Law of Fiduciary Duty, by David Cowan Bayne. 65 Texas Law Review 1061 (1987).

"Variety and Uniformity in the Treatment of the Good-Faith Purchaser." 16 Journal of Legal Studies 43 (1987).

"Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law." 31 Tulane Law Review 235 (1986).

"Waiting for Rescue: An Essay on the Evolution and Incentive Structure of the Law of Affirmative Obligations." 72 Virginia Law Review 879 (1986).

"The Appraisal Remedy and the Goals of Corporate Law." 32 UCLA Law Review 429 (1985) (with Hideki Kanda).

"Explaining Restitution." 71 Virginia Law Review 65 (1985).

"Efficient Markets and Puzzling Intermediaries." 70 Virginia Law Review 645 (1984) (comment).

"Interstate Exploitation and Judicial Intervention." 69 Virginia Law Review 563 (1983).

"A Reply to Landes: A Faulty Study of No-Fault's Deterrent Effect on Fault." 69 Missouri Law Review 563 (1983) (with Jeffrey O'Connell).

"Identifying Section 306 Stock: The Sleeping Beauty of Revenue Ruling 66-332." 2 Virginia Law Review 59 (1982).

"Monitors and Freeriders in Commercial and Corporate Settings." 92 Yale Law Journal 49 (1982).

"Rescuing Some Antitrust Law: An Essay on Vertical Restrictions and Consumer Information." 67 Iowa Law Review 981 (1982) (reprinted: Corporate Practice Commentator, 1982–1983, 561).

"Securities and Secrets: Insider Trading and the Law of Contracts." 68 Virginia Law Review 117 (1982).

"Self-Assessed Valuation Systems for Tort and Other Law." 68 Virginia Law Review 771 (1982).

"Bank Trust Departments and Float Revenue." 98 Banking Law Journal 817 (1981).

Electronic Articles

"Reparations in the Wake of Atrocities: A Plan for Encouraging Participation by Governments," UCLA Law Forum (2012).

Newspaper Articles

"Fixing the Ills of Money and Politics." Chicago Tribune, November 11, 2008.

"Don't Privatize Future by Selling State Lottery." Chicago Tribune, February 5, 2007.


"Insuring against Terrorism and Crime." Public law and legal theory working paper, no. 47. University of Chicago Law School, 2006 (with Kyle D. Logue).

"Insuring against Terrorism and Crime." John M. Olin Law and Economics Working Paper, no. 189. University of Chicago Law School, 2006 (with Kyle D. Logue).