Articles
Liability for Future Harm (with Porat Ariel), Richard S. Goldberg, ed., PERSPECTIVES ON CAUSATION (forthcoming by Hart Publishing) (2010)
This Article considers the possibility of imposing liability in torts for a wrongfully created risk...
Originality (with Gideon Parchomovsky), Virginia Law Review (2009)
In this Essay we introduce a model of copyright law that calibrates authors’ rights and...
Probability and Incentives, unpublished draft (2009)
This Article challenges the mathematical probability system that underlies law and economics and behavioral analysis...
Reconceptualizing Trespass (with Gideon Parchomovsky), Northwestern University Law Review (2009)
This Essay addresses an anomaly in trespass law. Trespass law is generally understood as the...
Constitutional Evidence Law, Vanderbilt Law Review (2008)
This Article identifies the causes and consequences of a puzzling asymmetry in constitutional law. Of...
THE RIGHT TO SILENCE HELPS THE INNOCENT: A RESPONSE TO CRITICS, Cardozo Law Review (2008)
This contribution to the Cardozo Law Review symposium on the future of the Fifth Amendment...
The Trial-Time/Forum Principle and the Nature of Evidence Rules, Current Trends in Criminal Procedure and Evidence—A Collection of Essays in Honor of Professor Eliahu Harnon (Anat Horovitz & Mordechai Kremnitzer, eds.) (2008)
This Article examines two principles that settle temporal and jurisdictional conflicts between evidentiary rules: the...
Torts and Innovation (with Gideon Parchomovsky), Michigan Law Review (2008)
This Essay exposes and analyzes a hitherto overlooked cost of the current design of tort...
A Liberal Challenge to Behavioral Economics: The Case of Probability, New York University Journal of Law & Liberty (2007)
THE "BLUE CAB" EXPERIMENT: ARE LAY FACT-FINDERS "PROBABILISTICALLY CHALLENGED"? No, they are not. The experiment...
Healthcare Intermediaries, Regulation (2007)
This article identifies various factors — legal and economic — that reduce the quality of...
Mediating Rules in Criminal Law (with Richard A. Bierschbach), Virginia Law Review (2007)
This Article challenges the conventional divide between substantive criminal law theory, on the one hand,...
Ambiguity Aversion and the Criminal Process (with Uzi Segal), Notre Dame Law Review (2006)
Ambiguity aversion is a person's rational attitude towards probability's indeterminacy. When a person is averse...
Overenforcement (with Richard A. Bierschbach), Georgetown Law Journal (2005)
Overenforcement of the law is widespread, but underinvestigated. Overenforcement occurs when the total sanction suffered...
Auctioning for Loyalty: Selection and Monitoring of Class Counsel (with Alon Harel), Yale Law & Policy Review (2004)
This Article takes a fresh look at the misalignment of interests between class attorneys and...
Indeterminate Causation and Apportionment of Damages (with Ariel Porat), Oxford Journal of Legal Studies (2003)
This Article analyzes the problem of indeterminate causation in torts and develops a system of...
The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege (with Daniel Seidmann), Harvard Law Review (2000)
This Article develops a consequentialist game-theoretic perspective for understanding the right to silence. By applying...