Omri Ben-Shahar

Omri Ben-Shahar

Leo and Eileen Herzel Professor of Law, Kearney Director of the Coase-Sandor Institute for Law and Economics

Omri Ben-Shahar earned his PhD in Economics and SJD from Harvard in 1995 and his BA and LLB from the Hebrew University in 1990. Before coming to Chicago, he was the Kirkland & Ellis Professor of Law and Economics at the University of Michigan. Prior to that, he taught at Tel-Aviv University, was a member of Israel's Antitrust Court and clerked at the Supreme Court of Israel. He teaches contracts, sales, trademark law, insurance law, consumer law, e-commerce, food law, law and economics, and game theory and the law. He writes primarily in the fields of contract law and consumer protection. He is the co-author of More Than You Wanted to Know: The Failure of Mandated Disclosure (Princeton 2014). Ben-Shahar is the Kearney Director of the Coase-Sandor Institute for Law and Economics. He is the Co-Reporter for the American Law Institute’s Restatement of Consumer Contracts. He also writes a biweekly column for Forbes.

Education

Harvard University
SJD, 1999
PhD in economics, 1995
LLM, 1991

Hebrew University
BA in economics, 1989
LLB,1989 

Experience

The University of Chicago Law School
Leo and Eileen Herzel Professor of Law, 2012-present
Kearney Director of the Coase-Sandor Institute for Law and Economics, 2011-present
Frank and Bernice Greenberg Professor of Law, 2008-2012
Visiting Professor, winter 2006

University of Michigan
Kirkland and Ellis Professor of Law and Economics, 2006-2008
Professor of Law and Economics, 2001-2006
Assistant Professor of Law and Economics, 1999-2001
Founder and Director, Olin Center for Law and Economics, 1999-2008

Tel-Aviv University
Assistant Professor of Law and Economics, 1995-1998

Israeli Democracy Institute
Fellow, 1995-1998 

Supreme Court of Israel 
Law Clerk, Justice Yaakov Maltz, 1989-1990

Books (Author)

  • More Than You Wanted to Know: The Failure of Mandated Disclosure (Princeton University Press, 2014) (with Carl E. Schneider).cu

Books (Editor)

  • Fault in American Contract Law. (Cambridge University Press, 2010) (edited with Ariel Porat). cu www
  • Boilerplate: The Foundation of Market Contracts. (Cambridge University Press, 2007). www

Journal Articles

  • "The Restoration Remedy in Private Law," 119 Columbia Law Review __ (forthcoming 2018) (with Ariel Porat). ssrn
  • "Personalizing Mandatory Rules in Contract Law," __ University of Chicago Law Review __ (forthcoming 2018) (with Ariel Porat).
  • "Interpreting Contracts via Surveys and Experiments," 92 New York University Law Review 1753 (2017) (with Lior Strahilevitz). ssrn
  • "Searching for the Common Law: The Quantitative Approach of the Restatement of Consumer Contracts," 84 University of Chicago Law Review 7 (2017) (with Oren Bar-Gill & Florencia Marotta-Wurgler).
  • "Simplification of Privacy Disclosures: An Experimental Test," 45 Journal of Legal Studies S41 (2016) (with Adam S. Chilton). ssrn cu
  • "The Paradox of Access Justice, and Its Application to Mandatory Arbitration," 83 University of Chicago Law Review 1755 (2016). cu
  • "Optimal Defaults in Consumer Markets," 45 Journal of Legal Studies S137 (2016) (with Oren Bar-Gill). cu
  • "Personalizing Negligence Law," 91 New York University Law Review 627 (2016) (with Ariel Porat). cu
  • "Contracting over Privacy: Introduction," 45 Journal of Legal Studies S1 (2016) (with Lior Strahilevitz). ssrn cu
  • "The Perverse Effects of Subsidized Weather Insurance," 68 Stanford Law Review 571 (2016) (with Kyle D. Logue). cu
  • "The Unintended Effects of Government-Subsidized Weather Insurance," 38 Regulation 24 (2015) (with Kyle D. Logue). cu www
  • "Preface to Symposium on Law and Economics of Consumer Protection," 14 Law and Social Sciences 1 (2015) (with Ruoying Chen). cu
  • "Regulation of Food Safety by Insurance," 14 Law and Social Sciences 47 (2015). cu
  • "Coping with the Failure of Mandated Disclosure," 11 Jerusalem Review of Legal Studies 83 (2015) (with Carl E. Schneider). cu
  • "Introduction: Rational Choice Approach to Judicial Behavior," 44 Journal of Legal Studies S1 (2015) (with Thomas J. Miles). cu www
  • "Exit from Contract," 6 Journal of Legal Analysis 151 (2014) (with Oren Bar-Gill). cu www
  • "The Futility of Cost Benefit Analysis in Financial Disclosure Regulation," 43 Journal of Legal Studies S253 (2014) (with Carl E. Schneider). cu
  • "Regulation Through Boilerplate: An Apologia (reviewing Margaret Jane Radin, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law (2013))," 112 Michigan Law Review 883 (2014). ssrn cu
  • "Tribute to Thomas J. Miles," 43 Journal of Legal Studies 207 (2014). cu
  • "Introduction: A Law and Economics Approach to European Contract Law," 50 Common Market Law Review 3 (2013). cu
  • "Regulatory Techniques in Consumer Protection: A Critique of European Consumer Contract Law," 50 Common Market Law Review 109 (2013) (with Oren Bar-Gill). ssrn cu
  • "Reversible Rewards," 15 American Law and Economics Review 156 (2013) (with Anu Bradford). cu
  • "Contract versus Property Damages," 12 Academia Sinica Law Journal 1 (2013). cu
  • "Protección al Consumidor sin el Derecho," 10 Revista de Economía y Derecho 7 (2012). cu
  • "Efficient Enforcement in International Law," 12 Chicago Journal of International Law 375 (2012) (with Anu Bradford). cu
  • "Outsourcing Regulation: How Insurance Reduces Moral Hazard," 111 Michigan Law Review 197 (2012) (with Kyle D. Logue). ssrn cu
  • "Damages for Unlicensed Use," 78 University of Chicago Law Review 7 (2011). cu
  • "Fixing Unfair Contracts," 63 Stanford Law Review 869 (2011). ssrn cu
  • "The Right to Withdraw in Contract Law," 40 Journal of Legal Studies 115 (2011) (with Eric Posner). cu
  • "The Failure of Mandated Discourse," 159 University of Pennsylvania Law Review 647 (2011) (with Carl E. Schneider). cu
  • "Licensing of Intellectual Property," 78 University of Chicago Law Review 1 (2011) (with Richard A. Epstein & Jonathan Masur). cu
  • "One-Way Contracts: Consumer Protection Without Law," 6 European Review of Contract Law 221 (2010). cu
  • "Pre-Closing Liability," 77 University of Chicago Law Review 977 (2010). ssrn cu
  • "Fault in American Contract Law," 107 Michigan Law Review 1341 (2009) (with Ariel Porat). cu
  • "An Information Theory of Willful Breach," 107 Michigan Law Review 1479 (2009) (with Oren Bar-Gill). cu
  • "The Myth of 'Opportunity to Read' in Contract Law," 5 European Review of Contract Law 1 (2009). cu
  • "The Prisoners' (Plea Bargain) Dilemma," 1 Journal of Legal Analysis [i] (2009) (with Oren Bar-Gill). cu
  • "A Bargaining Power Theory of Default Rules," 109 Columbia Law Review 396 (2009). cu
  • "Foreword: Fault in Contract Law," 107 Michigan Law Review 1341 (2009) (with Ariel Porat).
  • "How Bad are Mandatory Arbitration Terms?," 41 University of Michigan Journal of Law Reform 777 (2008). cu
  • "Against Irreparable Benefits," 116 Yale Law Journal 381 (2007). cu
  • "Partially Odious Debts?," 70 Law and Contemporary Problems 47 (2007) (with G. Mitu Gulati). ssrn cu
  • "More Options, Less Freedom (reviewing Ian Ayres, Optional Law: The Structure of Legal Entitlements (2005))," 44 Journal of Economic Literature 444 (2006). cu
  • "Boilerplate and Economic Power in Auto Manufacturing Contracts," 104 Michigan Law Review 953 (2006) (with James J. White). cu
  • "On the Stickiness of Default Rules," 33 Florida State University Law Review 651 (2006) (with John A. E. Pottow). ssrn cu
  • "Foreword to Boilerplate: Foundations of Market Contracts Symposium," 104 Michigan Law Review 821 (2006). cu
  • "Legal Durability," 1 Review of Law and Economics 15 (2005). cu www
  • "An Ex-Ante View of the Battle of the Forms: Inducing Parties to Draft Reasonable Terms," 25 International Review of Law and Economics 350 (2005). cu
  • "Credible Coercion," 83 Texas Law Review 717 (2005) (with Oren Bar-Gill). cu
  • "The Legal Value of Chance: Distorted Measures of Recovery in Private Law," 7 American Law and Economics Review 484 (2005) (with Robert A. Mikos). ssrn cu
  • Response, "Mutal Assent Versus Gradual Ascent: The Debate Over the Right to Retract", 152 University of Pennsylvania Law Review 1947 (2004). cu
  • "'Agreeing to Disagree': Filling Gaps in Deliberately Incomplete Contracts," 2004 Wisconsin Law Review 389 (2004). cu
  • "The Law of Duress and the Economics of Credible Threats," 33 Journal of Legal Studies 391 (2004) (with Oren Bar-Gill). cu
  • "Contracts without Consent: Exploring a New Basis for Contractual Liability," 152 University of Pennsylvania Law Review 1829 (2004). cu
  • "Foreword to Freedom from Contract Symposium," 2004 Wisconsin Law Review 261 (2004). cu
  • "The Uneasy Case for Comparative Negligence," 5 American Law and Economics Review 433 (2003) (with Oren Bar-Gill). ssrn cu
  • "Threatening an Irrational Breach of Contract," 11 Supreme Court Economic Review 143 (2003) (with Oren Bar-Gill). cu
  • "Precontractual Reliance," 30 Journal of Legal Studies 423 (2001) (with Lucian Arye Bebchuk). ssrn cu
  • "The Secrecy Interest in Contract Law," 109 Yale Law Journal 1885 (2000) (with Lisa Bernstein). ssrn cu
  • "The Tentative Case Against Flexibility in Commercial Law," 66 University of Chicago Law Review 781 (1999). ssrn cu
  • "The Erosion of Rights by Past Breach," 1 American Law and Economics Review 190 (1999). ssrn cu
  • "Should Products Liability Be Based on Hindsight?," 14 Journal of Law, Economics and Organization 325 (1998). ssrn cu
  • "The Regulation of the Licensing of Professional Occupations," 1998 Economic Quarterly 18 (1998) (also published in Hebrew, 1998). cu
  • "Playing Without a Rulebook: Optimal Sanctions When Individuals Learn the Penalty Only by Committing the Crime," 17 International Review of Law and Economics 409 (1997). cu
  • "The Economics of the Law of Criminal Attempts: A Victim-Centered Perspective," 145 University of Pennsylvania Law Review 299 (1996) (with Alon Harel). ssrn cu
  • "Informed Courts, Uninformed Individual and the Economics of Judicial Hindsight," 151 Journal of Institutional and Theoretical Economics 613 (1995). cu
  • "Blaming the Victim: Optimal Incentives for Private Precautions against Crime," 11 Journal of Law, Economics and Organization 434 (1995) (with Alon Harel). cu
  • "Blaming the Victims: Optimal Incentives for Private Precautions Against Crime," 11 Journal of Law, Economics and Organization 434 (1995) (with Alon Harel). cu

Book Sections

  • "The Invention of Simplicity," in Ronald H. Coase (University of Chicago Law School, 2014). cu
  • "An Information Theory of Willful Breach," in Fault in American Contract Law, Omri Ben-Shahar & Ariel Porat eds. (Cambridge University Press, 2010). cu
  • "Threatening an Irrational Breach of Contract," in The Law and Economics of Irrational Behavior, Francesco Parisi & Vernon L. Smith eds. (Stanford University Press, 2004). cu
  • "Causation and Foreseeability," in II Encyclopedia of Law and Economics., Boudewijn Bouckaert & Gerrit De Geest eds. 2000). cu
  • "Criminal Attempts," in 1 The New Palgrave Dictionary of Economics and the Law.1998). cu
  • "The Economics of the Law of Criminal Attempts: A Victim-Centered Perspective," in Criminal Law: Cases and Materials, John Kaplan, Robert Weisberg & Guyora Binder eds. (Little Brown and Co., 1996) (with Alon Harel). cu

Other Publications

  • "How to Interpret a Contract? Ask Those Who’d Sign It," Law360, March 21, 2018 (with Lior Strahilevitz, Duo Jiang, Kristina Shampanier & Rebecca Fair). www
  • "How Chicago can Lure Amazon: Ban Employment Noncompete Agreements," Chicago Tribune, September 12, 2017. www
  • "More Failed Nudges: Evidence of Ineffective “Behaviorally Informed” Disclosures," JOTWELL, August 10, 2017. www
  • "David Dao Versus United: What Does The Airline Contract Say?," Forbes, April 4, 2017 (with Lior Strahilevitz). www
  • "Vermont's GMO Labeling Law Violates The First Amendment," Forbes, June 1, 2016. www
  • "CFPB Gets Ready To Prohibit Arbitration Agreements-And It Wouldn't Help Consumers," Forbes, May 5, 2016. www
  • "Add-On Airline Fees Actually Make Flying Cheaper," Forbes, May 3, 2016. www
  • "The Surprising Failure Of Food Labeling," Forbes, April 18, 2016. www
  • "Our Interdisciplinary Legacy: The University Of Chicago At 125," University of Chicago Law School Record, April 2016 (with Martha Nussbaum & Alison LaCroix ).
  • "Privacy Is The New Money, Thanks To Big Data," Forbes, April 1, 2016. www
  • "Apple's Crocodile Tears," Huffington Post, February 26, 2016. www
  • "Veto the Privacy Bill," Chicago Tribune, August 19, 2015. www
  • "Love Your Frequent-Flier Program? Let It Go," Bloomberg View, June 13, 2014 (with Oren Bar-Gill). www
  • "How Insurance Substitutes for Regulation," Regulation, March Spring 2013 (with Kyle D. Logue). cu www
  • "The Prisoners' (Plea Bargain) Dilemma," Regulation, Spring 2010 (with Oren Bar-Gill). ssrn www
  • "Consumer Protection without Law Consumer Protection," Regulation, 2010. ssrn www
  • "The (Legal) Pains of Vioxx," Economists' Voice, 2006. www

Events

  • Organizer, Summer School in Law and Economics (2012-2017)
  • Organizer, “Contracting Over Privacy,” Journal of Legal Studies (2015)
  • Organizer, “Consumer Protection in China: A Law and Economics Approach,” Law and Social Science Review (2014)
  • Organizer, “European Contract Law: a Law-and-Economics Perspective,” Common Market Law Review (2012)
  • Co-Organizer, “Regulatory Techniques in Consumer Protection Law,” American Law Institute (2012)
  • Co-organizer, “Licensing of Intellectual Property,” University of Chicago Law Review (2010)
  • Co-organizer, “Fault in Contract Law,” Michigan Law Review and Cambridge University Press (2008)
  • Organizer, “How Bad Are Mandatory Arbitration Terms in Contract?” AALS Annual Meeting, Michigan Journal of Law Reform (2008)
  • Organizer, “Boilerplate: Foundations of Market Contracts,” Michigan Law Review and Cambridge University Press (2005)
  • Organizer, “Freedom From Contract,” Wisconsin Law Review (2004)
  • Organizer, “The Economics of Contract Law” in Tel-Aviv (1998)

Other Activities

  • Editor, Journal of Legal Studies (2008-present)
  • Co-reporter, Restatement of the Law (Third), Consumer Contract (2012-present)
  • Founder and Director, Program in Law, Economics, and Technology at the University of Michigan Law School (2007-2008)
  • Chair, Section on Contracts, Association of American Law Schools (2007-2008)
  • Board Member, American Association of Law and Economics (2006-2009)
  • Chair, Section on Law and Economics, Association of American Law Schools (2002-2003)
  • Founder and President, Israeli Law and Economics Association (2001-2002)
  • Judicial Panel Member, Israeli Antitrust Court (1997-1999)