Omri
Ben-Shahar
Current
Position
Professor of Law and Economics
University of Michigan Law School
Director, John
M. Olin Center for Law and Economics
University of Michigan
Education
Harvard University, Ph.D in Economics, 1995
Harvard Law School, S.J.D, 1999
Harvard Law School, LL.M, 1991
Hebrew University, B.A (Economics), 1990
Hebrew University, LL.B (Law), 1989
Prior
Positions
2001-2002 Founder and President, Israeli Law and
Economics Association
1999-2001 Assistant Professor of Law and Economics,
University of Michigan
1995-1998 Assistant Professor of Law and Economics,
Tel-Aviv University
1995-1998 Research Fellow, Israel Democracy Institute
1997-1999 Panel Member, Israeli Antitrust Court
1993-95 Teaching Assistant, Harvard University
Department of Economics
1989-90 Law Clerk, Supreme Court of Israel.
1986-88 Parliamentary Assistant, Knesset, Israel.
Published
and Forthcoming Articles
- Legal Durability,
Forthcoming 1 Review of Law and Economics (Berkeley Electronic Press)
(2005)
- The (Legal) Value of Chance: Distorted
Measures of Recovery in Private Law, Forthcoming 7 American
Law and Economics Review (2005) (with Robert Mikos)
- The
Law of Duress and the Economics of Credible Threats, 33 Journal
of Legal Studies 391 (2004) (with Oren Bar-Gill)
- Contracts
without Consent: Exploring a New Basis for Contractual Liability,
152 U.of Pennsylvania Law Review 1829 (2004)
- The Ascent of Liability versus Liability Upon
Assent: Addendum, 152 U. of Pennsylvania Law Review 1947 (2004)
- Agreeing
to Disagree: Filling Gaps in Deliberately Incomplete Contracts,
in Symposium on Freedom from Contract, 2004 Wisconsin Law Review 389
- Freedom From Contract: Forward, in
Symposium on Freedom from Contract, 2004 Wisconsin Law Review 261
- Credible
Coercion, Forthcoming, Texas Law Review (2004) (with Oren
Bar-Gill)
- Threatening
an "Irrational" Breach of Contract, 11
Supreme
Court Economic Review 143 (2003) (with Oren
Bar-Gill)
- The
Uneasy Case for Comparative Negligence, 5 American Law and
Economics Review
433 (2003) (with Oren Bar-Gill)
- Pre
Contractual Reliance, 30 Journal of Legal Stud. 423 (2001)
(with
L. Bebchuk)
- The Secrecy
Interest in Contract Law, 109 Yale Law Journal 1885 (2000)
(with L. Bernstein).
- Rights
Eroding By
Past Breach, American Law and Economics Review, Vol. 1, pp.
190-238 (1999).
- The Tentative Case against Flexibility in
Commercial Law, University of Chicago Law Review, Vol. 66, pp.
781-820 (1999).
- The Regulation of the Licencing of
Professional Occupations, The Economic Quarterly, Vol. 1998(1), pp.
18-27 (in Hebrew, 1998).
- Should Products Liability Be Based on
Hindsight?, The Journal of Law, Economics, and Organization, Vol.
14, pp. 325-357 (1998).
- Playing Without a Rulebook: Optimal
Sanctions
When Individual Learn the Penalty Only By Committing the Crime,
International Review of Law and Economics, Vol. 17, pp. 409-421 (1997).
- Criminal Attempts, in The New Palgrave
Dictionary of Economics and the Law (P. Newman, Ed.,1998).
- Causation and
Foreseeability, in Encyclopedia of Law and
Economics (Bouckaert and DeGeest, Eds., Elgar Pub., 2000).
- The Economics of the Law of Criminal
Attempts: a Victim-Centered Perspective, University of Pennsylvania
Law Review, Vol. 145, pp., 299-351 (1996). (with A. Harel)
- "Blaming the Victim": Optimal Incentives for
Private Precautions Against Crime, Journal of Law, Economics and
Organization, Vol. 11, pp. 434- 455 (1995). (with A. Harel)
- Informed Courts, Uninformed Individual and
the Economics of Judicial Hindsight, Journal of Institutional and
Theoretical Economics, Vol. 151, pp. 613-630 (1995).
Discussion
Papers
Presentations
in Conferences
- Conference on Commercial Law Theory and the
CISG,
Florence, Itally, 2004, presented "An Ex Ante View of the Battle of the
Forms"
- Conference on Freedom From Contract,
Wisconsin
Law School, 2004, presented "Agreeing to
Disagree"
- American Law and Economics Association Annual
Meeting, Chicago, 2004, Panel on Contract Law, presented "Agreeing to
Disagree"
- American Law and Economics Association Annual
Meeting, Toronto, 2003, Panel on Contract Law, presented "The
Credibility of Threats to Breach"
- Confernce on the Law and Economics of
Irrationality, George Mason Law School, 2002, presented "Threateining
an Irrational Breach of Contract"
- American Law and Economics Association Annual
Meeting, Harvard, 2002, Panel on Contract Law, presented "Against the
Meeting of the Minds"
- American Law and Economics Association Annual
Meeting, Harvard, 2002, Panel on Positive Political Theory, presented
"A Positive Economic
Theory of Legal Durability"
- The Phil Lecture, Waynes State University,
Department of Economics, September 2001.
- American Law and Economics Association Annual
Meeting, Georgetown, 2001, Panel on Contract Law, presented Recovery
for Probabilistic Benefit
- American Law and Economics Association Annual
Meeting, NYU, 2000, Panel on Criminal Law, presented Compensation of
Victims of Crime
- American Law and Economics Association Annual
Meeting, NYU 2000, Chair and Organizer, panel on Contracts and
Commercial Law
- American Law and Economics Association Annual
Meeting, Yale, 1999, Panel on Contract Law, presented Reliance on
Non-Enforcement
- American Law and Economics Association Annual
Meeting, Yale, 1999, Panel on Commercial Law, presented On
Compensation and Information
- Symposium on "Formalism Revisited", University
of Chicago, 1999, presented The Tentative Case Against Flexibility in
Commercial Law
- American Law and Economics Association Annual
Meeting, Berkeley, 1998, Panel on Contract Law, presented Rights
Eroding By Past Breach
- Confernce on the Economics of Contract Law,
Tel-Aviv, 1998, organizer.
- American Law and Economics Association Annual
Meeting, Toronto, 1997, Panel on Contract Law, presented
Pre-contractual Reliance (with
L. Bebchuk)
- American Law and Economics Association Annual
Meeting, Toronto, 1997, Panel on Tort Law, presented Should Products
Liability Be Based
on Hindsight?
- American Law and Economics Association Annual
Meeting, Toronto, 1997, Panel on Criminal Law, presented Property
Rights in Stolen Goods: An Economic Analysis
- European Law and Economics Association Annual
Meeting, Barcelona, 1997, Panel on Criminal Law, presented Property
Rights in Stolen Goods.
- American Law and Economics Association Annual
Meeting, Chicago, 1996, Panel on Criminal Law, presented The Economics
of the Law of
Criminal Attempts: A Victim-Centered Perspective
European Law and Economics Association Annual
Meeting,
Haifa, 1996, Panel on Tort Law, presented Should Liability Be Based on
Hindsight?
Referee
for
Journal of Law, Economics and
Organization
Journal of Legal Studies
Journal of Law and Economics
International Review of Law and
Economics
Journal of Institutional and
Theoretical Economics
European Economic Review
Journal of Public Economics
Review of Law and Economics
(Berekeley
Electronic Press)
Teaching
Experience
Contract Law
Law and Economics (Law School and
Economics
Department)
Game Theory and the Law
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