Ariel Porat : Publications

Books

Fault in American Contract Law. Cambridge University Press, forthcoming 2010. (Co-edited with O. Ben-Shahar)

Tort Liability under Uncertainty (Oxford University Press 2001) (with A. Stein).

Comparative Fault in Contract Law (The Institute for Legislative Research and Comparative Law 1997) (in Hebrew).

Articles

"Liability for Future Harm." In Perspectives on Causation, edited by Richard Goldberg. Hart Publishing, forthcoming 2010.
(with A. Stein)

"Criminal Responsibility for Unspecified Offenses." 94 Minnesota Law Review (forthcoming 2009).

Symposium: Third Restatment of Torts: "Expanding Liability for Negligence Per-Se" Wake Forest Law Review (forthcoming 2009).

"Private Production of Public Goods: Liability for Unrequested Benefits." 108 Michigan Law Review 189 (2009).

"Forward: Fault in Contract Law." 107 Michigan Law Review 1341 (2009).
(with O. Ben-Shahar)

"A Comparative Fault Defense in Contract Law." 107 Michigan Law Review 1397 (2009).

"Book Review: Tsachi Keren-Paz, Torts, Egalitarianism, and Distributive Justice." 29 Legal Studies 509 (2009).

"Advocating a General Duty of Restitution." 31 Tel Aviv University Law Review 521 (2009).

"Under what Conditions the Parties to a Contract Will Allow 'Efficient Breach'?" In Daniel Friedmann Book, edited by N. Cohen and O. Grosskopf, 2008.

"Offsetting Risks" 106 Michigan Law Review 243 (2007).

"Unconventional Use of Transaction Costs," Boilerplate: The Foundation of Market Contract 66 (Cambridge University Press, O. Ben Shahar ed., 2007) (with D. Gilo).

"Total Liability for Excessive Harm" 36 Journal of Legal Studies 63 (2007) (with R. Cooter).

"When Do Irreparable Benefits Matter? A Response to Douglas Lichtman on ’Irraparable Benefits’" 116 Yale L.J. Pocket Part 385 (2007).

"Liability Externalities and Mandatory Choices: Should Doctors Pay Less?", 1 Tort Law Journal 1 (2006) (with R. Cooter).

"Offsetting Risks and Defensive Medicine" 30 Tel-Aviv University Law Review 9 (2006) (In Hebrew).

"The Hidden Roles of Boilerplate and Standard Form Contracts: Strategic Imposition of Transaction Costs, Segmentation of Consumers and Anti Competitive Effects" 104 Michigan Law Review 983 (2006) (with D. Gilo).

"Promoting Consensus in Society Through Deferred-Implementation Agreements" 56 University of Toronto L. J. 151 (2006) (with O. Yadlin).

"Lost Years, Lost Earnings and the Value of Human Life" Essays in Memory of Professor Menashe Shava 143, A. Barak & D. Friedmann eds. (2006) (in Hebrew).

"Implementing the Law by Impartial Agents: An Exersice in Tort Law and International Law" 5 Theoretical Inquiries in Law 1 (2005) (with E. Benvenisti).

"Decreasing Liability Contracts", 33 Journal of Legal Studies 157 (2004) (with R. Cooter).

"Achieving Consensus for Wealth Redistribution Through Deferred-Execution Agreements" 28 Tel-Aviv University Law Review 717 (2004) (with O. Yadlin) (in Hebrew).

"Indeterminate Causation and Apportionment of Damages: An Essay on Holtby, Allen and Fairchild," 23 Oxford Journal of Legal Studies 667 (2003) (with A. Stein).

"Liability for Lost Chances: An Exact Science or Law?" 27 Tel-Aviv University Law Review 357 (2003) (in Hebrew).

"Standard Contracts," in Contracts, Vol. 3, 729, D. Friedmann & N. Cohen, eds (2003) (in Hebrew).

"The Tobacco Industry Litigation and the New Challenge of Tort Law," 33 Mishpatim (Laws), The Hebrew University of Jerusalem Law Journal 477 (2003).

"The Many Faces of Negligence" 4 Theoretical Inquiries in Law 105 (2003).

"Negligence and Self-Risk," 26 Tel Aviv University Law Review 321 (2002) (in Hebrew).

"Anti-Insurance" Journal of Legal Studies 203 (2002) (with R. Cooter).

"Should Court Deduct Non-Legal Sanctions from Damages?" 30 Journal of Legal Studies 401 (2001) (with R. Cooter).

"Questioning the Idea of Correlativity in Weinrib’s Theory of Corrective Justice," 2 Theoretical Inquiries in Law 161 (2001).

"Negligence and Interests," 24 Tel Aviv University Law Review 275 (2000) (in Hebrew).

"Enforcing Contracts in Dysfunctional Legal Systems: The Close Relationship Between Public and Private Orders" 98 Michigan Law Review 2459 (2000).

"Compensation for Risk-Creating and Loss of Chances," 23 Tel Aviv University Law Review 605 (2000) (in Hebrew).

"Does Risk to Oneself Increase the Care Owed to Others? Law and Economics in Conflict," 29 Journal of Legal Studies 19 (2000) (with R. Cooter).

"The Evidential Damage Doctrine: A Response to Critique," 30 Mishpatim (Laws), The Hebrew University of Jerusalem Law Journal 349 (1999)(with A. Stein)(in Hebrew).

"Israeli Law - The Seventies," in The Courts of Law - Fifty Years of Adjudication in Israel 98 (1999) (in Hebrew).

"Justice Considerations and Behavior-Guiding Considerations in the Law of Contracts," 22 Tel Aviv University Law Review 647 (1999) (in Hebrew).

"The Evidential Damage Doctrine: A Positive Analysis of the Law," 21 Tel Aviv University Law Review 191 (1998) (with A. Stein) (in Hebrew).

"Liability for Uncertainty: Making Evidential Damage Actionable," 18 Cardozo Law Review 1891 (1997) (with A. Stein).

"Negligence Law in the Supreme Court: Search for the Underline Theory," 3 Yearbook on Israeli Law 357 (1996) (in Hebrew).

"The Contributory Negligence Defence and the Ability to Rely on the Contract," 111 Law Quarterly Review 228 (1995).

"Tort Law," in Introduction to the Law of Israel 127, Kluwer, Holland, A. Shapira ed. (1995).

"Contributory Negligence in the Law of Contracts: Toward A Principled Approach," 28 University of British Columbia Law Review 141 (1994).

"Collective Responsibility in the Law of Torts, " 23 Mishpatim (Laws), The Hebrew University of Jerusalem Law Journal 311 (1994) (in Hebrew).

"Means of Payments," in The Law of Obligations - General Part 431, D. Friedmann, ed. (1994) (in Hebrew).

"Apportionment of Payments," in The Law of Obligations - General Part 569, D. Friedmann, ed. (1994) (in Hebrew).

"Application of the Contributory Negligence Defence in the Law of Contracts," 18 Tel Aviv University Law Review 103 (1993) (in Hebrew).

"Tort Law," 2 Yearbook on Israeli Law 247 (1993) (in Hebrew).

"Tort Law," 1 Yearbook on Israeli Law 221 (1991) (in Hebrew).

"Sharing Responsibility in Cases of Frustration of Contract," 16 Tel Aviv University Law Review 65 (1991) (in Hebrew).

"Hardship to Third Parties and the Remedy of Specific Performance," in Luvenberg Book 138, D. Friedmann & I. Shilo, eds. (1987) (in Hebrew).

Editing

Theoretical Inquiries in Law (founder, editor in chief in 1999-2003)

* Restitution and Unjust Enrichment (July 2000)

* Contemporary Legal Scholarship: Achievements and Prospects (January 2001)

* Protecting Investors in a Global Economy (July 2001)

* Economic Analysis of Constitutional Law (January 2002)

* Negligence in the Law (July 2002, January 2003)

Ariel Rozen-Zvi: Religion, Liberalism, Family and Society - Collection of Articles (Ramot Press 2001) (in Hebrew).

Judicial Activism in Israel (Ramot Press 1993) (in Hebrew).

Cases and Materials in Tort Law Vol. 1-5 (1992) (in Hebrew) (with Daniel More).

17 Tel Aviv University Law Review (1991-2) (in Hebrew).