Omri Ben-Shahar's online Articles

Omri Ben-Shahar's Articles Online

(Some of the articles linked through this page are subject to journals' copyright.)

Against Irreparable Benefits, 116 Yale L.J. Pocket Part 381 (2007)
The (Legal) Pains of Vioxx: Why Product Liability Can Make Products More Dangerous, The Economist's Voice, Vol. 3, Issue 6, Article 6 (Berkeley Economic Press, 2006)
Boilerplate and Economics Power in Auto Manufacturing Contracts, (with James J. White) in Symposium on Boilerplate: Foundations of Market Contracts, 104 Michigan Law Review 953-982 (2006).
Boilerplate: An Introduction, in Symposium on Boilerplate: Foundations of Market Contracts, 104 Michigan Law Review 821-826 (2006).
More Options, Less Freedom (Review of Ian Ayres "Optional Law"), Journal of Economic Literature, Vol. XLIV, pp. 444-449. (Forthcoming, 2006)
On the Stickiness of Default Rules, (with John Pottow), in Sympsium on Default Rules, 33 Florida State Univesity School of Law 651-682 (2006) .
How Liability Distorts the Incentives of Manufacturers to Recall Products
The (Legal) Value of Chance: Distorted Measure for Recovery in Private Law (with Robert Mikos), 7 American Law and Economics Review 484-522 (2005)
Legal Durability, Review of Law and Economics, Volume 1, Issue 1 (2005)
An Ex-Ante View of the Battle of the Forms: Inducing Parties to Draft Reasonable Terms, in Symposium on Commercial Law and the CISG, 25 International Review of Law and Economics 350-370 (2005)
Credible Coercion (with Oren Bar-Gill), 83 Texas Law Review 717-780 (2005).
The Law of Duress and the Economics of Credible Threats (with Oren Bar-Gill), 33 Journal of Legal Studies 391 (2004)
Contracts without Consent: Exploring a New Basis for Contractual Liability 152 U. of Penn. L. Rev. 1829 (2004)
Ascent to Contract versus Contract upon Assent: Addendum, 152 U. of Penn L. Rev. 1947 (2004)
"Agreeing to Disagree": Filling Gaps in Deliberately Incomplete Contracts, 2004 Wisconsin L. Rev. 389
Freedom from Contract: Forward, 2004 Wisconsin L. Rev. 261
The Uneasy Case for Comparative Negligence (with Oren Bar-Gill), 5 Amer. Law and Econ. Rev. 433 (2003)
Precontractual Reliance (with Lucian Bebchuk), 30 J. Legal Stud. 423 (2001)
The Secrecy Interest in Contract Law (with Lisa Bernstein), 109 Yale L. Journal 1885(2000)
Causation and Foreseeability, in Encyclopedia of Law and Economics, Vol. II, 644-668 (1999)
The Tentative Case Against Flexibility in Commercial Law, 66 U.of Chicago L. Rev. 781 (1999)
The Erosion of Rights By Past Breach, 1 Amer. L. and Econ. Review 190 (1999)
Criminal Attempts, in New Palgrave Dictionary of Economics and the Law, vol 1, 546 (1998)
Should Products Liability Be Based on Hindsight? 14 J. Law, Econ. & Org. 325 (1998)
Playing without a Rulebook: Optimal Enforcement When Individuals Learn the Penalty Only by Committiing the Crime, 17 Int'l Rev. L. & Econ. 409 (1997)
The Economics of the law of Crimninal Attempts (with Alon Harel), 145 U. of Penn L. Rev. 299 (1996)
Blaiming the Victim: Optimal Incentives for Priavte Precautions Against Crime (with Alon Harel), 11 J.L. Econ. & Org. 434 (1995)