Saul Levmore
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Saul Levmore

William B. Graham Distinguished Service Professor of Law

Saul Levmore came to the Law School from the University of Virginia in 1998. He was the Dean of the University of Chicago Law School from 2001 to 2009, and since then has been the William B. Graham Distinguished Service Professor of Law. He has been a visiting professor at Yale, Harvard, Michigan, and Northwestern. He has taught and written about torts, corporations, copyright, non-profit organizations, comparative law, public choice, corporate tax, commercial law, insurance, and contracts. He is a member of the American Academy of Arts and Sciences, a past president of the American Law Deans Association, and a past trustee of the Law School Admissions Council and of the Skadden Foundation. Away from law, he has been an advisor on corporate governance issues and on development strategies and is the author of a book on games and puzzles. His writing continues to cut across many fields, and most recently has concerned informants, anti-obesity and savings strategies, double jeopardy, contractual and criminal threats, and incentives for evidence production.

EDUCATION

IIT-Chicago-Kent
LLD, honorary, 1995

Yale University
JD, 1980
PhD in economics, 1978

Columbia College
BA, 1973

EXPERIENCE

The University of Chicago Law School
William B. Graham Distinguished Service Professor, 2010-present
Dean, 2001-2009
William B. Graham Professor of Law, 1998-2010
Visiting Professor, fall 1993 

The University of Virginia
Brokaw Professor of Corporate Law, 1994-1998
Albert Clark Tate, Jr. Research Professor, 1995-1998
Class of 1962 and Barron F. Black Research Professor, 1991-1994
Professor, 1984-1991
Assistant Professor, 1980-1984

Yale University
Jonathan Edwards College Dean, 1979-1980
Lecturer in Economics, 1976-1980
Visiting Professor, 1986-1987

Floating University
Lecturer, 2011

Northwestern University
Visiting Professor, spring 1998

University of Toronto
Visiting Professor, winter 1998

The University of Michigan
Visiting Professor, fall 1997

Harvard University
Visiting Professor, 1990-1991

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).

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).
  • The Offensive Internet: Speech, Privacy and Reputation. (Harvard University Press, 2011) (edited with Martha Nussbaum).
  • Foundations of Tort Law.2d ed. (Foundation Press, 2009) (edited with Catherine M. Sharkey).
  • Foundations of Tort Law. (Oxford University Press, 1994).

Journal Articles

  • "Title VII to Tinder: Law's Antidiscrimination Asymmetry and Occasional Market Superiority," 68 Alabama Law Review 877 (2017).
  • "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).
  • "Inequality in the Twenty-First Century (reviewing Thomas Piketty, Capital in the Twenty-First Century (2014))," 113 Michigan Law Review 833 (2015).
  • "Internality Regulation through Public Choice," 15 Theoretical Inquiries in Law 447 (2014).
  • "From Helmets to Savings and Inheritance Taxes: Regulatory Intensity, Information Revelation, and Internalities," 81 University of Chicago Law Review 229 (2014).
  • "The Impending iPrize Revolution in Intellectual Property Law," 93 Boston University Law Review 139 (2013).
  • "Harmonization, Preferences, and the Calculus of Consent in Commercial and Other Law," 50 Common Market Law Review 243 (2013).
  • "Asymmetries and Incentives in Plea Bargaining and Evidence Production," 122 Yale Law Journal 690 (2012) (with Ariel Porat).ssrn cu
  • "Public Choice and Law's Either/Or Inclination (reviewing Leo Katz, <i>Why the Law is So Perverse</i> (2011))," 79 University of Chicago Law Review 1663 (2012).
  • "Rethinking Ponzi-Scheme Remedies in and out of Bankruptcy," 92 Boston University Law Review 969 (2012).
  • "Bargaining with Double Jeopardy," 40 Journal of Legal Studies 273 (2011) (with Ariel Porat).ssrn cu
  • "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).
  • "Ambiguous Statutes," 77 University of Chicago Law Review 1073 (2010).ssrn cu
  • "Interest Groups and the Problem with Incrementalism," 158 University of Pennsylvania Law Review 815 (2010).ssrn cu
  • "Stipulated Damages, Super-Strict Liability, and Mitigation in Contract Law," 107 Michigan Law Review 1365 (2009).
  • "In Memoriam: David P. Currie (1936–2007)," 75 University of Chicago Law Review 21 (2008).
  • "Tribute to Bernard Meltzer," 74 University of Chicago Law Review 409 (2007).
  • "A Theory of Deception and then of Common Law Categories," 85 Texas Law Review 1359 (2007).
  • "In Memoriam: Bernard D. Meltzer (1914-2007)," 74 University of Chicago Law Review 409 (2007).
  • "Judging Deception," 74 University of Chicago Law Review 1779 (2007).
  • "Parental Leave and American Exceptionalism," 58 Case Western Reserve Law Review 203 (2007).
  • "Uncapturing Law School Regulation," 11 Texas Review of Law & Politics 391 (2007).
  • "Public Choice Defended (reviewing Gerry Mackie, Democracy Defended (2003))," 72 University of Chicago Law Review 777 (2005).
  • "Taxing Obesity - Or Perhaps the Opposite," 53 Cleveland State Law Review 575 (2005).
  • "Uncorporations and the Delalware Strategy," 2005 University of Illinois Law Review 195 (2005).
  • "Citizen Warranties and Majorities," 31 Florida State University Law Review 409 (2004).
  • "Privatizing Reparations," 84 Boston University Law Review 1291 (2004).
  • "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).
  • "Property's Uneasy Path and Expanding Future," 70 University of Chicago Law Review 181 (2003).
  • "Insuring against Terrorism - and Crime," 102 Michigan Law Review 268 (2003) (with Kyle D. Logue).cu www
  • "Ruling Majorities and Reasoning Pluralities," 3 Theoretical Inquiries in Law 87 (2002).
  • "Clientele Effects and Our Fourth-Best Corporate Tax System," 80 Taxes - The Tax Magazine 21 (2002).
  • "Surprising Admissions," 34 University of Toledo Law Review 113 (2002).
  • "Two Stories about the Evolution of Property Rights," 31 Journal of Legal Studies S421 (2002).
  • "From Cynicism to Positive Theory in Public Choice," 87 Cornell Law Review 375 (2002).
  • "Speculating Law: Beyond Cigarettes and Swiss Banks," 52 Alabama Law Review 639 (2001).
  • "Conjunction and Aggregation," 99 Michigan Law Review 723 (2001).
  • "Puzzling Stock Options and Compensation Norms," 149 University of Pennsylvania Law Review 1901 (2001).
  • "The Public Choice Threat (reviewing Robert D. Cooter, <i>The Strategic Constitution</i> (2000) & Dennis C. Mueller, <i>Constitutional Democracy</i> (1996))," 67 University of Chicago Law Review 941 (2000).
  • "Voting with Intensity," 53 Stanford Law Review 111 (2000).
  • "More Than Mere Majorities," 2000 Utah Law Review 759 (2000).
  • "Norms As Supplements," 86 Virginia Law Review 1989 (2000).
  • "Social Programs and Manageable Units," 8 American University Journal of Gender, Social Policy and the Law 103 (2000).
  • "Licensing: Permission Slips in Corporate and Fourth Amendment Law," 93 Northwestern University Law Review 709 (1999).
  • "Double Blind Lawmaking and Other Comments on Formalism in the Tax Law," 66 University of Chicago Law Review 915 (1999).
  • "Voting Paradoxes and Interest Groups," 28 Journal of Legal Studies 259 (1999).
  • "Changes, Anticipations, and Reparations," 99 Columbia Law Review 1657 (1999).ssrn cu
  • Response, "Joint Custody and Strategic Behavior", 73 Indiana Law Journal 429 (1998).
  • "Competition and Cooperation," 97 Michigan Law Review 216 (1998).
  • "Efficiency and Conspiracy: Conflicts of Interest, Anti-Nepotism Rules, and Separation Strategies," 66 Fordham Law Review 2099 (1998).
  • "Taxes as Ballots," 65 University of Chicago Law Review 387 (1998).
  • "Unifying Remedies: Property Rules, Liability Rules, and Startling Rules," 106 Yale Law Journal 2149 (1997).
  • "Judges and Economics: Normative, Positive, and Experimental Perspectives," 21 Harvard Journal of Law and Public Policy 129 (1997).
  • "Fables, Sagas, and Laws," 33 Willamette Law Review 485 (1997).
  • "The Anonymity Tool," 144 University of Pennsylvania Law Review 2191 (1996).
  • "Precommitment Politics," 82 Virginia Law Review 567 (1996).
  • "Unconditional Relationships," 76 Boston University Law Review 807 (1996).
  • "Coalitions and Quakes: Disaster Relief and Its Prevention," 3 University of Chicago Law School Roundtable 1 (1996).
  • "Gomorrah to Ybarra and More: Overextraction and the Puzzle of Immoderate Group Liability," 81 Virginia Law Review 1561 (1995).
  • "Love It or Leave It: Property Rules, Liability Rules, and Exclusivity of Remedies in Partnership and Marriage," 58 Law and Contemporary Problems 221 (1995).
  • "Rethinking Group Responsibility and Strategic Threats in Biblical Texts and Modern Law," 71 Chicago-Kent Law Review 85 (1995).
  • "Explaining Creditor Priorities," 80 Virginia Law Review 2103 (1994) (with Hideki Kanda).
  • "Commissions and Conflicts in Agency Arrangements: Lawyers, Real Estate Brokers, Underwriters, and Other Agents' Rewards," 36 Journal of Law and Economics 503 (1993).
  • "Irreversibility and the Law: The Size of Firms and Other Organizations," 18 Journal of Corporation Law 333 (1993).
  • "Obligation or Restitution for Best Efforts," 67 Southern California Law Review 1411 (1993).
  • "The Case for Retroactive Taxation," 22 Journal of Legal Studies 265 (1993).
  • "Bicameralism: When Are Two Decisions Better Than One?," 12 International Review of Law and Economics 145 (1992).
  • "Partnerships, Limited Liability Companies, and Taxes: A Comment on the Survival of Organizational Forms," 70 Washington University Law Quarterly 489 (1992).
  • "On Compensation and Distribution," 33 Nomos 186 (1991).
  • "Takings, Torts, and Special Interests," 77 Virginia Law Review 1333 (1991).
  • "Taxes, Agency Costs, and the Price of Incorporation," 77 Virginia Law Review 211 (1991) (with Hideki Kanda).
  • "Just Compensation and Just Politics," 22 Connecticut Law Review 285 (1990).
  • "Probabilistic Recoveries, Restitution, and Recurring Wrongs," 19 Journal of Legal Studies 691 (1990).
  • "Remedies and Incentives in Private and Public Law: A Comparative Essay," 1990 Wisconsin Law Review 483 (1990) (with William J. Stuntz).
  • "Parliamentary Law, Majority Decisionmaking, and the Voting Paradox," 75 Virginia Law Review 971 (1989).
  • "Strategic Delays and Fiduciary Duties," 74 Virginia Law Review 863 (1988).
  • "In Defense of the Regulation of Insider Trading," 11 Harvard Journal of Law and Public Policy 101 (1988).
  • "Recharacterizations and the Nature of Theory In Corporate Tax Law," 136 University of Pennsylvania Law Review 1019 (1988).
  • "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).
  • "The Positive Role of Tax Law in Corporate and Capital Markets," 12 Journal of Corporation Law 483 (1987).
  • "Variety and Uniformity in the Treatment of the Good-Faith Purchaser," 16 Journal of Legal Studies 43 (1987).
  • "Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law," 61 Tulane Law Review 235 (1986).
  • "Waiting for Rescue: An Essay on the Evolution and Incentive Structure of the Law of Affirmative Obligations," 72 Virginia Law Review 879 (1986).
  • "Explaining Restitution," 71 Virginia Law Review 65 (1985).
  • "The Appraisal Remedy and the Goals of Corporate Law," 32 UCLA Law Review 429 (1985) (with Hideki Kanda).
  • "Efficient Markets and Puzzling Intermediaries," 70 Virginia Law Review 645 (1984).
  • "Interstate Exploitation and Judicial Intervention," 69 Virginia Law Review 563 (1983).
  • "A Reply to Landes: A Faulty Study of No-Fault's Effect on Fault," 48 Missouri Law Review 649 (1983) (with Jeffrey O'Connell).
  • "Securities and Secrets: Insider Trading and the Law of Contracts," 68 Virginia Law Review 117 (1982).
  • "Self-Assessed Valuation Systems for Tort and Other Law," 68 Virginia Law Review 771 (1982).
  • "Monitors and Freeriders in Commercial and Corporate Settings," 92 Yale Law Journal 49 (1982).
  • "Identifying Section 306 Stock: The Sleeping Beauty of Revenue Ruling 66-332," 2 Virginia Tax Review 59 (1982).
  • "Rescuing Some Antitrust Law: An Essay on Vertical Restrictions and Consumer Information," 67 Iowa Law Review 981 (1981).
  • "Bank Trust Departments and 'Float' Revenue: Finding the Proper Procedures," 98 Banking Law Journal 817 (1981).

Book Sections

  • "Interest Groups and the Durability of Law," in The Timing of Lawmaking, Saul Levmore & Frank Fagan eds. (Edward Elgar, 2017).
  • "Legislative Sunrises: Transitions, Veiled Commitments, and Carbon Taxes," in The Timing of Lawmaking, Saul Levmore & Frank Fagan eds. (Edward Elgar, 2017) (with Frank Fagan).
  • "Intellectual Property and Legislative Innovation," in The Timing of Lawmaking, Saul Levmore & Frank Fagan eds. (Edward Elgar, 2017).
  • "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).
  • "Reparations in the Wake of Atrocities: A Plan for Encouraging Participation by Governments," in Contemporary Issues Facing the International Criminal Court (Brill Nijhoff, 2016) (with Richard Steinberg).
  • "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).
  • "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).
  • "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).
  • "Primogeniture, Legal Change, and Trollope," in Subversion and Sympathy: Gender, Law, and the British Novel, Alison LaCroix & Martha Nussbaum eds. (Oxford University Press, 2013).
  • "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).
  • "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).
  • "The Internet's Anonymity Problem," in The Offensive Internet: Speech, Privacy and Reputation, Saul Levmore & Martha Nussbaum eds. (Harvard University Press, 2010).
  • "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).
  • "Carrots and Torts," in Chicago Lectures in Law and Economics, Eric Posner ed. (Foundation Press, 2000).
  • "Retroactive Taxation," in The New Palgrave Dictionary of Economics and the Law, Peter Newman ed. (Grove Dictionaries, 1998).
  • "Unjust Enrichment," in The New Palgrave Dictionary of Economics and the Law, Peter Newman ed. (Grove Dictionaries, 1998).
  • "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).

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).
  • "No-Haggle Agreements," Coase-Sandor Working Paper Series in Law and Economics, No. 720 (2015) (with Ariel Porat).ssrn cu
  • "Rethinking Threats," Coase-Sandor Working Paper Series in Law and Economics, No. 721 (2015) (with Ariel Porat).ssrn cu

Other Publications

  • "Legal Institutions and IPO Puzzles," Harvard Law School Forum on Corporate Governance and Financial Regulation, January 10, 2017 (with Ruoying Chen).
  • "From Hall of Fame to Affirmative Action," Chicago Tribune, January 18, 2013, at p. 23.
  • "Reparations in the Wake of Atrocities: A Plan for Encouraging Participation by Governments," UCLA Law Forum, 2012.
  • "From the NBA to the Eurozone Crisis," Chicago Tribune, November 16, 2011, at p. 25.
  • "Fixing the Ills of Money and Politics," Chicago Tribune, November 11, 2008.
  • "Don't Privatize Future by Selling State Lottery," Chicago Tribune, February 5, 2007, at p. C23.

Special Lectures 

“Why Does Law Converge More Than Food and Music?” Order of the Coif Distinguished Visitor Lecture, Wayne State University, February 2012

“Intellectual Property in the Idea Economy,” Distinguished Visitor Lecture at Loyola Law School (Los Angeles), March 2011

“Precedent and Convergence,” Distinguished Visitor at University of Tennessee Coif Lecture, February 2011

“Parental Leave and Other Embarrassments,” Sumner Canary Lecture at Case Western Reserve School of Law, April 2007

“A Theory of Deception and the Common Law Process,” Terrell Centennial Lecture at University of Texas School of Law, October 2006

“Fat Taxes – and Their Opposite,” Cleveland-Marshall Fund Lecture, September 2005

“Citizen Warranties (When Governments and Laws Appeal to Mere Majorities),” Mason Ladd Lecture at Florida State University, February 2003

“Property’s Uneasy Past (and Future),” John M. Olin Public Lecture at Canadian Law and Economics Association, September 2002

“More than Mere Majorities,” National Order of the Coif Lecture at University of Utah Law School, November 2000, 

“Speculating Law: Beyond Cigarettes and Swiss Banks,” Meador Lecture at University of Alabama Law School, February 2000

“Carrots and Torts,” Coase Lecture at University of Chicago Law School, February 1999

“Fairness, Efficiency, Conspiracy,” Levine Lecture at Fordham Law School, October 1997

“Fables, Sagas, and Laws,” Paulus Lecture at Willamette University College of Law, February 1997

“Unsuitable Bargains,” Distinguished Visitor Lecture at Boston University Law School, March 1996

"The Allure of Love-It-or-Leave-It Rules," Enlund Colloquium Lecture at DePaul University College of Law, March 1995

"Democracy and Disasters," Centennial Visitor Lecture at Chicago-Kent College of Law, September 1994

"Just Compensation and Just Politics," Day, Berry & Howard Visiting Scholar Lecture at University of Connecticut School of Law, September 1989

"Kidnap, Credibility and The Collector"

"Credible Threats" (with Ariel Porat) 

"The Evolution of Concentrated and Distributed Responsibilties," forthcoming, Evolution of Law

"Why Are Foods Not as Safe as Bridges, and What Should Be Done About It?"

"Capital and Legal Change in the Twentieth and Twenty-First Centuries," forthcoming, Michigan Law Review

Essays on Aging

Precedent and Convergence

Intermediation and Intervention

The Rational Voter and Climate Change

Incrementalism and the Liberal-Libertarian Conflict

Delegating Sticks

Boycotts, Contracts, and Taxes

MEMBERSHIPS AND PROFESSIONAL AFFILIATIONS

  • American Academy of Arts and Sciences (2000-present)

AWARDS AND HONORS

  • Graduating Students Award for Teaching Excellence, University of Chicago Law School (2012; 2016)
  • Graduating Students Class Award, University of Chicago Law School (2009; 2011; 2016)
  • Traynor Award, University of Virginia (1997)
  • Alumni Association Teaching Award, University of Virginia (1984)

SERVICE

  • Officer, American Law and Economics Association (2017-present)
  • Trustee, University of Chicago Law School Admission Council (2009-2011)

EDITORIAL WORK

  • Editorial board, Foundation Press (1998-present)