Published Articles
Regulatory Techniques in Consumer Protection: A Critique of European Contract Law, Common Market Law Review (Forthcoming 2012) (with Oren Bar-Gill): Download
Outsourcing Regulation: How Insurance Reduces Moral Hazard, 110 Mich. L. Rev (Forthcoming 2012) (with Kyle Logue): Download
Efficient Enforcement in International Law, 12 Chicago J. Int'l Law 375 (2012) (with Anu Bradford): 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 to that work: 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, www.bepress.com/rle/vol1/iss1/art2 (2005): 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)
