Published Articles

An Information Cost Theory of Default Rules, 88 University of Chicago Law Review 581 (2021) (with Oren Bar-Gill)

Personalized Elder Law (Annual Baum Lecture, University of Illinois), 28 Elder Law Journal 281 (2021)

Data Pollution, 11 Journal of Legal Analysis 104 (2019): Download

Fine Print Subservience (Review of Meirav Furth-Matzkin & Roseanna Sommers, Consumer Psychology and the Problem of Fine Print Fraud, 72 Stan. L. Rev. __ , Visit

The American Law Institute’s Restatement of Consumer Contracts: Reporters’ Introduction,15 European Review of Contract Law 91 (2019) (with Oren Bar-Gill and Florencia Marotta-Wurgler): Download

Personalizing Mandatory Rules in Contract Law, 86 University of Chicago Law Review 255 (2019) (with Ariel Porat): Download

The Restoration Remedy in Private Law, 118 Columbia Law Review 1901 (2018) (with Ariel Porat): Download

The Unfulfilled Promise of Mortgage Disclosures, in THE LAW AND ECONOMICS OF THE SPANISH MORTGAGE MARKET (Gomez & Ganuza, eds., 2018) (in Spanish)

Interpreting Contracts Via Surveys and Experiments, 92 New York University Law Review 1753 (2017) (with Lior Strahilevitz): Download

More Failed Nudges: Evidence of Ineffective "Behaviorally Informed" Disclosures (Review of Seira et al., Are Information Disclosures Effective? Evidence From the Credit Card Market), JOTWELL (August 10, 2017) : Download

Simplification of Privacy Disclosures: An Experimental Test, 45 Journal of Legal Studies S41(2016) (with Adam Chilton): Download

Searching for Precedent: The Quantitative Approach to the Restatement of Consumer Contracts, University of Chicago Law Review (forthcoming, 2017) (with Oren Bar-Gill and Florencia Marrota-Wurgler):

Optimal Defaults in Consumer Markets, 45 Journal of Legal Studies S137 (2016) (with Oren Bar-Gill): Download

Contracting Over Privacy: Introduction, 45 Journal of Legal Studies S1 (2016) (with Lior Strahilevitz): Download

The Paradox of Access Justice, And Its Application to Mandatory Arbitration, 83 University of Chicago Law Review 1755 (2016): Download

Personalizing Negligence Law, 91 NYU Law Review 627 (2016) (with Ariel Porat): Download

The Perverse Effects of Subsidized Weather Insurance, 68 Stanford Law Review 571 (2016) (with Kyle Logue): Download

Regulation of Food Safety Through Compulsory Insurance, 14(2) Law and Social Science 47 (2015) (in Chinese): Download

Coping with the Failure of Mandated Disclosure, Jerusalem Review of Legal Studies (2015) (with Carl Schneider): Download

The Futility of Cost Benefit Analysis in Financial Regulation, 43 Journal of Legal Studies s253 (2014) (with Carl Schneider): Download

Exit From Contract , 6 Journals of Legal Analysis 152 (2014) (with Oren Bar-Gill): Download

Regulation Through Boilerplate: An Apologia, 112 Michigan Law Review 883 (2014): Download

Reversible Rewards, 15 American Law and Economics Review 156 (2013) (with Anu Bradford): Download

Mandatory Arbitration and Distributive Equity: An Essay on Access-to-Justice, in REGULATORY COMPETITION IN CONTRACT LAW AND DISPUTE RESOLUTION (H. Eidenmuller, Ed., Hart Pub. 2013): Download

Outsourcing Regulation: How Insurance Reduces Moral Hazard, 111 Michigan Law Review 197 (2012) (with Kyle Logue): Download, Reprinted (abridged) in 36(1) Regulation 36 (Spring 2013): Download

Contract versus Property Remedies,12 Academia Sinica Law Journal 1 (2013): Download

Introduction: A Law and Economics Approach to European Contract Law, 50 Common Market Law Review 3 (2013): Download

Regulatory Techniques in Consumer Protection: A Critique of European Contract Law, 50 Common Market Law Review 109 (2013) (with Oren Bar-Gill): Download

The Economics of Contract Law, in THE ECONOMIC APPROACH TO LAW 153-222 (Uriel Procaccia ed., 2012) (in Hebrew) (with Yuval Procaccia): Download

The Right to Withdraw in Contract Law, 40 J. Legal Stud 115 (2011) (with Eric Posner): Download

The Failure of Mandated Disclosure, 159 U. of Penn. L. Rev. 647 (2011) (with Carl Schneider): Download

Damages For Unlicensed Use, 78 U. of Chicago L. Rev. 7 (2011): Download

Fixing Unfair Contracts, 63 Stanford L. Rev. 869 (2011): Download

Efficient Enforcement in International Law, 12 Chicago J Int'l L 375 (2011) (with Anu Bradford)

One-Way Contracts: Consumer Protection Without Law, 6 European Rev. Contract Law 221 (2010): Download, Reprinted (abridged) in 33(2) Regulation 26 (Summer 2010): Download

Pre-Closing Liability, 77 U. of Chicago L. Rev. 977 (2010): Download

An Information Theory of Willful Breach, 107 Michigan L. Rev. (2009) (with Oren Bar-Gill): Download

The Prisoners’ (Plea Bargain) Dilemma, 1 Journal of Legal Analysis (2009) (with Oren Bar-Gill): Download, Reprinted (abridged) in 33(1) Regulation 42 (Spring, 2010) Download

The Myth of Opportunity to Read in Contract Law, 5 European Review of Contract Law 1 (2009): Download

A Bargaining Power Theory Of Default Rules, Columbia Law Review (2009): Download

Partially Odious Debt? A Framework for Optimal Liability, 70 Journal of Law and Contemporary Problems 101 (2007) (with Mitu Gulati): Download

The( Legal) Pains of Vioxx, The Economist’s Voice, Vol. 3, Issue 6, Berkeley Economics Press (2006): Download

On the Stickiness of Default Rules, in Symposium on Default Rules, 33 Florida State Law Review 651 (2006) (with John Pottow): Download

Boilerplate and Economics Power in Auto Production Contracts, in Symposium on “Boilerplate: Foundations of Market Contracts,” 104 Michigan Law Review 953 (2006) (with James J. White): Download

Forward: Symposium on "Boilerplate", in Symposium on “Boilerplate: Foundations of Market Contracts,” 104 Michigan Law Review 821 (2006) :Download

The (Legal) Value of Chance: Distorted Measures for Recovery in Private Law, 7 American Law and Economics Review 484 (2005) (with Robert Mikos): Download

Credible Coercion, 83 Texas Law Review 717 (2005) (with Oren Bar-Gill): Download

An Ex-Ante View of the Battle of the Forms: Inducing Parties to Draft Reasonable Terms, 25 International Rev. L. & Econ. 350 (2005): Download

Legal Durability, 1 Review of Law and Economics, (2005): Download

Forward: "Freedom from Contract" 2004 Wisconsin Law Review 261 (2004): Download

Agreeing to Disagree: Filling Gaps in Deliberately Incomplete Contracts 2004 Wisconsin Law Review 389 (2004): Download

Mutual Assent versus Gradual Ascent: The Debate Over the Right to Retract 152 U. of Pennsylvania Law Review 1947 (2004): Download

Contracts without Consent: Exploring a New Basis for Contractual Liability, 152 U. of Pennsylvania Law Review 1829 (2004) (A symposium on this article appeared in the same issue.): Download

Threatening an Irrational Breach of Contract, 11 Supreme Court Economic Review 143-170 (2004), reprinted in The Law and Economics of Irrational Behavior (F. Parisi, V. Smith, Eds., Stanford Univ. Press): Download

The Law of Duress and the Economics of Credible Threats, 33 Journal of Legal Studies 391 (2004) (with Oren Bar-Gill): Download

The Uneasy Case for Comparative Negligence, American Law and Economics Review, Vol. 5, 433-469 (2003) (with Oren Bar-Gill): Download

Precontractual Reliance, The Journal of Legal Studies, Vol 30, 423-457 (2001) (with Lucian Bebchuk): Download

The Secrecy Interest in Contract Law, Yale Law Journal, Vol. 109, 1885-1925 (2000) (with Lisa Bernstein) (excerpted in various Contracts case books, including SUMMERS AND HILLMAN, CONTRACTS AND RELATED OBLIGATION, 4th Ed, 2001): Download

Causation and Foreseeability, in Encyclopedia of Law and Economics (Bouckaert and DeGeest, Eds., Elgar Pub., 2000): Download

Property Rights In Stolen Goods: An Economic Analysis, University of Michigan Working Paper (1999): Download

The Erosion of Rights By Past Breach, American Law and Economics Review, Vol. 1, 190-238 (1999): Download

The Tentative Case Against Flexibility in Commercial Law, University of Chicago Law Review, Vol. 66, pp. 781-820 (1999)

Should Products Liability Be Based on Hindsight?, The Journal of Law, Economics, and Organization, Vol. 14, pp. 325-357 (1998): Download

Government Regulation of Professional Occupations, 1988 Economic Quarterly, pp. 18-27 (in Hebrew)

Criminal Attempts, in The New Palgrave Dictionary of Economics and the Law, Vol. 1, pp. 546-550 (1998)

"Playing without a Rulebook": Optimal Enforcement When Individuals Learn the Penalty Only By Committing the Crime, International Review of Law and Economics, Vol. 17, pp. 409- 421 (1997)

The Economics of the Law of Criminal Attempts: A Victim-Centered Perpsective, University of Pennsylvania Law Review, Vol. 145, pp. 299-351 (1996) (with Alon Harel)

"Blaming the Victim": Optimal Incentives for Private Precautions Against Crime, Journal of Law, Economics and Organization, Vol. 11, pp. 434- 455 (1995) (with Alon Harel): Download

Informed Courts, Uninformed Individuals, and the Economics of Judicial Hindsight, Journal of Institutional and Theoretical Economics, Vol. 151, pp. 613 - 630 (1995)


Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law

Kearny Director, Coase-Sandor Institute for Law and Economics

1111 E. 60th St., Room 518
Chicago, IL 60637

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