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Saul Levmore : Publications

Books (Author)

    Aging Thoughtfully: Conversations about Retirement, Romance, Wrinkles, and Regret (Oxford University Press, forthcoming 2017) (with Martha Nussbaum).

    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). [CU]

Books (Editor)

    The Timing of Lawmaking. (Edward Elgar, 2017) (edited with Frank Fagan).

    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

    "Legal Instiutions and IPO (Initial Public Offering) Puzzles," 3 Peking University Law Journal 385 (2016) (with Ruoying Chen). [CU] [WWW]

    "Why Are Foods Not Even As Safe as Bridges?," 14 Law and Social Sciences 157 (2015). [CU]

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

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

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

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

    "Eminent Domain after Kelo," 11 Engage: The Journal of the Federalist Society's Practice Groups 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 & 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 UCLA 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

    "Foreword," in Investor Protection in Capital Markets: The Case of Hong Kong (Sweet & Maxwell, 2016) (with Shen Wei).

    "Legal Applications of the Disclose-or-Blindfold Question," in Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law (Academic Press, 2016) (with Christopher Robertson). [CU]

    "Kidnap, Credibility, and The Collector," in Fatal Fictions: Crime and Investigation in Law and Literature, Alison LaCroix, Richard H. McAdams & Martha Nussbaum eds. (Oxford University Press, 2016).

    "Concentrated and Distributed Law: Observations on Legal Evolution from China and Taiwan," in Private Law in China and Taiwan: Legal and Economic Analyses, Yun-chien Chang, Shen Wei & Wen-yeu Wang eds. (Cambridge University Press, 2016).

    "Coase Is (Still) Everywhere," in Ronald H. Coase (University of Chicago Law School, 2014). [CU]

    "Snitching, Whistleblowing, and "Barn Burning": Loyalty in Law, Literature, and Sports," in American Guy: Masculinity in American Law and Literature, Saul Levmore & Martha Nussbaum eds. (Oxford University Press, 2014). [CU]

    "Introduction: The American Guy in Law and Literature," in American Guy: Masculinity in American Law and Literature, Saul Levmore & Martha Nussbaum eds. (Oxford University Press, 2014) (with Martha Nussbaum). [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

    "Semi-Confidential Settlements in Civil, Criminal, and Sexual Assault Cases," Coase-Sandor Working Paper Series in Law and Economics, No. 796 (2017) (with Frank Fagan). [SSRN]

    "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

    "Legal Institutions and IPO Puzzles," Harvard Law School Forum on Corporate Governance and Financial Regulation, January 10, 2017 (with Ruoying Chen). [WWW]

    "From Hall of Fame to Affirmative Action," Chicago Tribune, January 18, 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 16, 2011, at p. 25. [WWW]

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

    "Don't Privatize Future by Selling State Lottery," Chicago Tribune, February 5, 2007, at p. C23. [WWW]