Published Articles

Mispriority of Information: A Theory of Manipulation, Forthcoming, Journal of Legal Studies (2023) (with Oren Bar-Gill)

Nonparty Interests in Contrat Law, 171 University of Pennsylvania Law Review 1095 (2023) (with David Hoffman and Cathy Hwang)

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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