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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) (edited with Elizabeth Early Cook) (originally published by Doubleday, 1981). [CU]

Books (Editor)

    American Guy: Masculinity in American Law and Literature (Oxford University Press, 2014) (edited with Martha Nussbaum). [CU]

    The Offensive Internet: Speech, Privacy and Reputation (Harvard University Press, 2011) (edited with Martha Nussbaum). [CU]

    Foundations of Tort Law 2d ed. (Foundation Press, 2009) (edited with Catherine M. Sharkey). [CU]

    Foundations of Tort Law (Oxford University Press, 1994). [CU]

Journal Articles

    "Inequality in the Twenty-First Century (reviewing Thomas Piketty, Capital in the Twenty-First Century (2014))," 113 Michigan Law Review 833 (2015).

    "From Helmets to Savings and Inheritance Taxes: Regulatory Intensity, Information Revelation, and Internalities," 81 University of Chicago Law Review 229 (2014). [CU]

    "Internality Regulation through Public Choice," 15 Theoretical Inquiries in Law 447 (2014). [CU]

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

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

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

    "Rethinking Ponzi-Scheme Remedies in and out of Bankruptcy," 92 Boston University Law Review 969 (2012). [CU]

    "Public Choice and Law's Either/Or Inclination (reviewing Leo Katz, Why the Law is So Perverse (2011))," 79 University of Chicago Law Review 1663 (2012).

    "Bargaining with Double Jeopardy," 40 Journal of Legal Studies 273 (2011) (with Ariel Porat). [CU] [SSRN]

    "Eminent Domain after Kelo," 11 Engage 5 (2010) (with Ilya Somin). [CU] [WWW]

    "Book Review (reviewing Mark R. Reiff, Punishment, Compensation, and Law: A Theory of Enforceability (2005))," 119 Mind 848 (2010). [CU]

    "Ambiguous Statutes," 77 University of Chicago Law Review 1073 (2010). [CU] [SSRN]

    "Interest Groups and the Problem with Incrementalism," 158 University of Pennsylvania Law Review 815 (2010). [CU] [SSRN]

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

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

    "Tribute to Bernard Meltzer," 74 University of Chicago Law Review 409 (2007). [CU]

    "A Theory of Deception and then of Common Law Categories," 85 Texas Law Review 1359 (2007). [CU]

    "In Memoriam: Bernard D. Meltzer (1914-2007)," 74 University of Chicago Law Review 409 (2007). [CU]

    "Judging Deception," 74 University of Chicago Law Review 1779 (2007). [CU]

    "Parental Leave and American Exceptionalism," 58 Case Western Reserve Law Review 203 (2007). [CU]

    "Uncapturing Law School Regulation," 11 Texas Review of Law and Politics 391 (2007). [CU]

    "Public Choice Defended (reviewing Gerry Mackie, Democracy Defended (2003))," 72 University of Chicago Law Review 777 (2005). [CU]

    "Taxing Obesity - Or Perhaps the Opposite," 53 Cleveland State Law Review 575 (2005). [CU]

    "Uncorporations and the Delalware Strategy," 2005 University of Illinois Law Review 195 (2005). [CU]

    "Citizen Warranties and Majorities," 31 Florida State University Law Review 409 (2004). [CU]

    "Privatizing Reparations," 84 Boston University Law Review 1291 (2004). [CU]

    "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). [CU]

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

    "Insuring against Terrorism - and Crime," 102 Michigan Law Review 268 (2003) (with Kyle D. Logue). [CU] [WWW]

    "Clientele Effects and Our Fourth-Best Corporate Tax System," 80 Taxes - The Tax Magazine 21 (2002). [CU]

    "Surprising Admissions," 34 University of Toledo Law Review 113 (2002). [CU]

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

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

    "Ruling Majorities and Reasoning Pluralities," 3 Theoretical Inquiries in Law 87 (2002). [CU]

    "Speculating Law: Beyond Cigarettes and Swiss Banks," 52 Alabama Law Review 639 (2001). [CU]

    "Conjunction and Aggregation," 99 Michigan Law Review 723 (2001). [CU]

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

    "The Public Choice Threat (reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996))," 67 University of Chicago Law Review 941 (2000). [CU]

    "More Than Mere Majorities," 2000 Utah Law Review 759 (2000). [CU]

    "Voting with Intensity," 53 Stanford Law Review 111 (2000). [CU]

    "Norms As Supplements," 86 Virginia Law Review 1989 (2000). [CU]

    "Social Programs and Manageable Units," 8 American University Journal of Gender, Social Policy and the Law 103 (2000). [CU]

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

    "Double Blind Lawmaking and Other Comments on Formalism in the Tax Law," 66 University of Chicago Law Review 915 (1999). [CU]

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

    "Changes, Anticipations, and Reparations," 99 Columbia Law Review 1657 (1999). [CU] [SSRN]

    Response, "Joint Custody and Strategic Behavior", 73 Indiana Law Journal 429 (1998). [CU]

    "Competition and Cooperation," 97 Michigan Law Review 216 (1998). [CU]

    "Efficiency and Conspiracy: Conflicts of Interest, Anti-Nepotism Rules, and Separation Strategies," 66 Fordham Law Review 2099 (1998). [CU]

    "Taxes as Ballots," 65 University of Chicago Law Review 387 (1998). [CU]

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

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

    "Fables, Sagas, and Laws," 33 Willamette Law Review 485 (1997). [CU]

    "The Anonymity Tool," 144 University of Pennsylvania Law Review 2191 (1996). [CU]

    "Unconditional Relationships," 76 Boston University Law Review 807 (1996). [CU]

    "Precommitment Politics," 82 Virginia Law Review 567 (1996). [CU]

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

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

    "Love It or Leave It: Property Rules, Liability Rules, and Exclusivity of Remedies in Partnership and Marriage," 58 Law and Contemporary Problems 221 (1995). [CU]

    "Rethinking Group Responsibility and Strategic Threats in Biblical Texts and Modern Law," 71 Chicago-Kent Law Review 85 (1995). [CU]

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

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

    "Irreversibility and the Law: The Size of Firms and Other Organizations," 18 Journal of Corporation Law 333 (1993). [CU]

    "Obligation or Restitution for Best Efforts," 67 Southern California Law Review 1411 (1993). [CU]

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

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

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

    "On Compensation and Distribution," 33 Nomos 186 (1991). [CU]

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

    "Taxes, Agency Costs, and the Price of Incorporation," 77 Virginia Law Review 211 (1991) (with Hideki Kanda). [CU]

    "Just Compensation and Just Politics," 22 Connecticut Law Review 285 (1990). [CU]

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

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

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

    "Strategic Delays and Fiduciary Duties," 74 Virginia Law Review 863 (1988). [CU]

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

    "Recharacterizations and the Nature of Theory In Corporate Tax Law," 136 University of Pennsylvania Law Review 1019 (1988). [CU]

    "A Primer on the Sale of Corporate Control (reviewing David Cowan Bayne, The Philosophy of Corporate Control: A Treatise on the Law of Fiduciary Duty (1986))," 65 Texas Law Review 1061 (1987). [CU]

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

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

    "Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law," 61 Tulane Law Review 235 (1986). [CU]

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

    "Explaining Restitution," 71 Virginia Law Review 65 (1985). [CU]

    "The Appraisal Remedy and the Goals of Corporate Law," 32 University of California at Los Angeles Law Review 429 (1985) (with Hideki Kanda). [CU]

    "Efficient Markets and Puzzling Intermediaries," 70 Virginia Law Review 645 (1984). [CU]

    "Interstate Exploitation and Judicial Intervention," 69 Virginia Law Review 563 (1983). [CU]

    "A Reply to Landes: A Faulty Study of No-Fault's Effect on Fault," 48 Missouri Law Review 649 (1983) (with Jeffrey O'Connell). [CU]

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

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

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

    "Identifying Section 306 Stock: The Sleeping Beauty of Revenue Ruling 66-332," 2 Virginia Tax Review 59 (1982). [CU]

    "Rescuing Some Antitrust Law: An Essay on Vertical Restrictions and Consumer Information," 67 Iowa Law Review 981 (1981). [CU]

    "Bank Trust Departments and 'Float' Revenue: Finding the Proper Procedures," 98 Banking Law Journal 817 (1981). [CU]

Book Sections

    "Informants, Barn Burning, and the Public Interest: Loyalty in Law, Literature, and Manly Endeavors," in American Guy: Masculinity in American Law and Literature, Saul Levmore & Martha Nussbaum eds. (Oxford University Press, 2014). [CU]

    "Primogeniture, Legal Change, and Trollope," in Subversion and Sympathy: Gender, Law, and the British Novel, Alison LaCroix & Martha Nussbaum eds. (Oxford University Press, 2013). [CU]

    "The Internet's Anonymity Problem," in The Offensive Internet: Speech, Privacy and Reputation, Saul Levmore & Martha Nussbaum eds. (Harvard University Press, 2010). [CU]

    "Stipulated Damages, Superstrict Liability, and Mitigation in Contract Law," in Fault in American Contract Law, Omri Ben-Shahar & Ariel Porat eds. (Cambridge University Press, 2010). [CU]

    "Uncorporations and the Delaware Strategy," in Private Company Law Reform: International and European Perspectives, Joseph A. McCahery, Levinus Timmerman & Erik P.M. Vermeulen eds. (Asser Press, 2010). [CU]

    "The Story of the Wagon Mound Cases: Foreseeability, Causation, and Mrs. Palsgraf," in Torts Stories, Robert L. Rabin & Stephen D. Sugarman eds. (Foundation Press, 2003). [CU]

    "Carrots and Torts," in Chicago Lectures in Law and Economics, Eric Posner ed. (Foundation Press, 2000). [CU]

    "Retroactive Taxation," in The New Palgrave Dictionary of Economics and the Law, Peter Newman ed. (Grove Dictionaries, 1998). [CU]

    "Unjust Enrichment," in The New Palgrave Dictionary of Economics and the Law, Peter Newman ed. (Grove Dictionaries, 1998). [CU]

    "Transfusing Tort Law," in Issues in Compensatory Justice: The Bhopal Accident, R. S. Khare ed. (Committee on the Comparative Study of the Individual and Society Center for Advanced Studies University of Virginia, 1987). [CU]

Working Papers

    "Rethinking Threats," Coase-Sandor Working Paper Series in Law and Economics, No. 721 (2015) (with Ariel Porat). [CU] [SSRN]

    "No-Haggle Agreements," Coase-Sandor Working Paper Series in Law and Economics, No. 720 (2015) (with Ariel Porat). [CU] [SSRN]

Other Publications

    "From Hall of Fame to Affirmative Action," Chicago Tribune, January 19, 2013, at p. 23. [WWW]

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

    "From the NBA to the Eurozone Crisis," Chicago Tribune, November 17, 2011, at p. 25. [WWW]

    "Fixing the Ills of Money and Politics," Chicago Tribune, November 12, 2008. [WWW]

    "Don't Privatize Future by Selling State Lottery," Chicago Tribune, February 6, 2007, at p. C23. [WWW]