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Ariel Porat : Publications


Getting Incentives Right: Torts, Contracts and Restitution (Princeton University Press, forthcoming 2014) (with R. Cooter).

Tort Law (The Institute for Legislative Research and Comparative Law, 2013) (in Hebrew).

The Economics of Remedies. Edward Elgar, 2012 (editor).

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).

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


In English
"Personalizing Default Rules and Disclosure with Big Data" 112 Michigan Law Review (forthcoming 2014) (with L. Strahilevitz)

"Ex-Post Right, Ex-Ante Wrong" 89 Notre Dame Law Review (forthcoming 2014)

"Harm-Benefit Interactions" 15 American Law and Economics Review (forthcoming 2013) (with O. Bar-Gill)

"Symposium on the Common European Sales Law: The Law and Economics of Mistake in European Sales Law" 50 Common Market Law Review 127 (2013)

“Aggregation and Law” 122 Yale Law Journal 2 (2012) (with E. Posner)

“Asymmetries and Incentives in Evidence Production” 122 Yale Law Journal 690 (2012) (with S. Levmore)

"Misalignments in Tort Law" 121 Yale Law Journal 82 (2011).

"Bargaining with Double Jeopardy" 40 Journal of Legal Studies 273 (2011) (with S. Levmore).

"Book Review: Eyal Zamir and Barak Medina, Law, Economics, and Morality” 3 Jerusalem Review of Legal Studies 91 (2011).

"Commensurability and Agency: Two Yet-To-Be-Met Challenges for Law and Economics." 96 Cornell Law Review 749 (2011) (with A. Harel).

"Willingness to Pay, Death, Wealth and Damages." 13 American Law and Economics Review 45 (2011) (with A. Tabbach).

"Viewing Unconscionability Through a Market Lens" 52 William and Mary Law Review 133 ( 2010) (with D. Gilo)

"Liability for Future Harm" in Perspectives on Causation (Hart Publishing, Richard S. Goldberg ed., forthcoming 2010) (with A. Stein)

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

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

"Aggregating Probabilities across Cases: Criminal Responsibility for Unspecified Offenses" 94 Minnesota Law Review 261 (2009) (with A. Harel)

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

Symposium: Third Restatment of Torts: "Expanding Liability for Negligence Per-Se" 44 Wake Forest Law Review 979 (2009)

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

"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).

"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).

"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).

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

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

 "Anti-Insurance" 31 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).

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

"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).

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

"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 Review141 (1994).

In Hebrew
"Ex-Post Reasonable – Ex-Ante Negligent" Bar-Ilan Law Review (Issue dedicated for Justice Rivlin) (forthcoming 2013)

"The Wrongful Risks Condition"  Theodore Orr Book 119 (2013)

"Probabilistic Recoveries after Malul" Shlomo Levin Book375 (2013)

"Tort Law" in Economic Analysis of Law 271(U. Procaccia ed., 2012)

"Book Review: Eyal Zamir and Barak Medina, Law, Economics, and Morality (2010)" Mishpatim, The Hebrew University of Jerusalem Law Journal 415 (2011).

"Advocating a General Duty of Restitution" 31 Tel Aviv University Law Review 521 (2008) (in Hebrew) 

"Under what Conditions the Parties to a Contract Will Allow ’Efficient Breach’?" Daniel Friedmann Book  171, N. Cohen & O. Grosskopf eds.  (2008) (in Hebrew) 

"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)

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

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

"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).

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

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

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

"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).

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

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

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

"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 Review103 (1993) (in Hebrew).

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

"Tort Law," 1Yearbook 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).