Evidence

PDF

ARE PEOPLE PROBABILISTICALLY CHALLENGED? BOOK REVIEW OF DANIEL KAHNEMAN, "THINKING, FAST AND SLOW" (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

PDF

Are People Probabilistically Challenged? Book Review of Daniel Kahneman, THINKING, FAST AND SLOW (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

PDF

Toward a Theory of Medical Malpractice, Iowa Law Review (2012)

This Article introduces a novel methodology for understanding medical malpractice law and guiding its reform....

 

PDF

Liability for Future Harm (with Porat Ariel), Richard S. Goldberg, ed., PERSPECTIVES ON CAUSATION (forthcoming by Hart Publishing) (2011)

This Article considers the possibility of imposing liability in torts for a wrongfully created risk...

 

PDF

SELF-INCRIMINATION, Procedural Law and Economics (Chris W. Sanchirico, volume ed., 2011) (ENCYCLOPEDIA OF LAW AND ECONOMICS, Vol. X, Edward Elgar Publishing Limited, Cheltenham, UK, Gerrit De Geest, gen. ed., 2nd ed. 2009-2011) (2011)

This Chapter surveys the law & economics literature on self-incrimination and confessions.

 

PDF

Strategic Enforcement (with Margaret H. Lemos), Minnesota Law Review (2010)

Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under...

 

Link

The Distortionary Effect of Evidence on Primary Behavior (with Gideon Parchomovsky), Harvard Law Review (2010)

In this Essay, we analyze how evidentiary concerns dominate actors’ behavior. Our findings offer an...

 

PDF

Originality (with Gideon Parchomovsky), Virginia Law Review (2009)

In this Essay we introduce a model of copyright law that calibrates authors’ rights and...

 

PDF

Constitutional Evidence Law, Vanderbilt Law Review (2008)

This Article identifies the causes and consequences of a puzzling asymmetry in constitutional law. Of...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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,...

 

PDF

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...

 

PDF

Overenforcement (with Richard A. Bierschbach), Georgetown Law Journal (2005)

Overenforcement of the law is widespread, but underinvestigated. Overenforcement occurs when the total sanction suffered...

 

PDF

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...

 

PDF

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...

 

Criminal Law

PDF

Corrupt Intentions: Bribery, Unlawful Gratuity, and Honest-Services Fraud, Law & Contemporary Problems (2012)

This Article develops an economic understanding of bribery, unlawful gratuity, and honest-services fraud offenses. Given...

 

PDF

The Relational Contingency of Rights (with Gideon Parchomovsky), Virginia Law Review (2012)

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent....

 

PDF

SELF-INCRIMINATION, Procedural Law and Economics (Chris W. Sanchirico, volume ed., 2011) (ENCYCLOPEDIA OF LAW AND ECONOMICS, Vol. X, Edward Elgar Publishing Limited, Cheltenham, UK, Gerrit De Geest, gen. ed., 2nd ed. 2009-2011) (2011)

This Chapter surveys the law & economics literature on self-incrimination and confessions.

 

PDF

Strategic Enforcement (with Margaret H. Lemos), Minnesota Law Review (2010)

Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under...

 

Link

The Distortionary Effect of Evidence on Primary Behavior (with Gideon Parchomovsky), Harvard Law Review (2010)

In this Essay, we analyze how evidentiary concerns dominate actors’ behavior. Our findings offer an...

 

PDF

Constitutional Evidence Law, Vanderbilt Law Review (2008)

This Article identifies the causes and consequences of a puzzling asymmetry in constitutional law. Of...

 

PDF

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...

 

PDF

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,...

 

PDF

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...

 

PDF

Overenforcement (with Richard A. Bierschbach), Georgetown Law Journal (2005)

Overenforcement of the law is widespread, but underinvestigated. Overenforcement occurs when the total sanction suffered...

 

PDF

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...

 

Torts

PDF

Toward a Theory of Medical Malpractice, Iowa Law Review (2012)

This Article introduces a novel methodology for understanding medical malpractice law and guiding its reform....

 

PDF

Liability for Future Harm (with Porat Ariel), Richard S. Goldberg, ed., PERSPECTIVES ON CAUSATION (forthcoming by Hart Publishing) (2011)

This Article considers the possibility of imposing liability in torts for a wrongfully created risk...

 

PDF

Strategic Enforcement (with Margaret H. Lemos), Minnesota Law Review (2010)

Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under...

 

Link

The Distortionary Effect of Evidence on Primary Behavior (with Gideon Parchomovsky), Harvard Law Review (2010)

In this Essay, we analyze how evidentiary concerns dominate actors’ behavior. Our findings offer an...

 

PDF

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...

 

PDF

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...

 

PDF

Healthcare Intermediaries, Regulation (2007)

This article identifies various factors — legal and economic — that reduce the quality of...

 

PDF

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...

 

Medical Malpractice

PDF

Toward a Theory of Medical Malpractice, Iowa Law Review (2012)

This Article introduces a novel methodology for understanding medical malpractice law and guiding its reform....

 

PDF

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...

 

PDF

Healthcare Intermediaries, Regulation (2007)

This article identifies various factors — legal and economic — that reduce the quality of...

 

PDF

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...

 

Procedure

PDF

The Relational Contingency of Rights (with Gideon Parchomovsky), Virginia Law Review (2012)

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent....

 

PDF

SELF-INCRIMINATION, Procedural Law and Economics (Chris W. Sanchirico, volume ed., 2011) (ENCYCLOPEDIA OF LAW AND ECONOMICS, Vol. X, Edward Elgar Publishing Limited, Cheltenham, UK, Gerrit De Geest, gen. ed., 2nd ed. 2009-2011) (2011)

This Chapter surveys the law & economics literature on self-incrimination and confessions.

 

PDF

Strategic Enforcement (with Margaret H. Lemos), Minnesota Law Review (2010)

Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under...

 

Link

The Distortionary Effect of Evidence on Primary Behavior (with Gideon Parchomovsky), Harvard Law Review (2010)

In this Essay, we analyze how evidentiary concerns dominate actors’ behavior. Our findings offer an...

 

PDF

Constitutional Evidence Law, Vanderbilt Law Review (2008)

This Article identifies the causes and consequences of a puzzling asymmetry in constitutional law. Of...

 

PDF

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...

 

PDF

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...

 

PDF

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,...

 

PDF

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...

 

PDF

Overenforcement (with Richard A. Bierschbach), Georgetown Law Journal (2005)

Overenforcement of the law is widespread, but underinvestigated. Overenforcement occurs when the total sanction suffered...

 

PDF

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...

 

PDF

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...

 

Law and Economics

PDF

ARE PEOPLE PROBABILISTICALLY CHALLENGED? BOOK REVIEW OF DANIEL KAHNEMAN, "THINKING, FAST AND SLOW" (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

PDF

Are People Probabilistically Challenged? Book Review of Daniel Kahneman, THINKING, FAST AND SLOW (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

PDF

Corrupt Intentions: Bribery, Unlawful Gratuity, and Honest-Services Fraud, Law & Contemporary Problems (2012)

This Article develops an economic understanding of bribery, unlawful gratuity, and honest-services fraud offenses. Given...

 

PDF

The Relational Contingency of Rights (with Gideon Parchomovsky), Virginia Law Review (2012)

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent....

 

PDF

Liability for Future Harm (with Porat Ariel), Richard S. Goldberg, ed., PERSPECTIVES ON CAUSATION (forthcoming by Hart Publishing) (2011)

This Article considers the possibility of imposing liability in torts for a wrongfully created risk...

 

PDF

SELF-INCRIMINATION, Procedural Law and Economics (Chris W. Sanchirico, volume ed., 2011) (ENCYCLOPEDIA OF LAW AND ECONOMICS, Vol. X, Edward Elgar Publishing Limited, Cheltenham, UK, Gerrit De Geest, gen. ed., 2nd ed. 2009-2011) (2011)

This Chapter surveys the law & economics literature on self-incrimination and confessions.

 

PDF

The Flawed Probabilistic Foundation of Law & Economics, Northwestern University Law Review (2011)

This Article challenges the mathematical probability system that underlies law and economics and behavioral analysis...

 

PDF

Strategic Enforcement (with Margaret H. Lemos), Minnesota Law Review (2010)

Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under...

 

Link

The Distortionary Effect of Evidence on Primary Behavior (with Gideon Parchomovsky), Harvard Law Review (2010)

In this Essay, we analyze how evidentiary concerns dominate actors’ behavior. Our findings offer an...

 

PDF

Originality (with Gideon Parchomovsky), Virginia Law Review (2009)

In this Essay we introduce a model of copyright law that calibrates authors’ rights and...

 

PDF

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...

 

PDF

Constitutional Evidence Law, Vanderbilt Law Review (2008)

This Article identifies the causes and consequences of a puzzling asymmetry in constitutional law. Of...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

Healthcare Intermediaries, Regulation (2007)

This article identifies various factors — legal and economic — that reduce the quality of...

 

PDF

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,...

 

PDF

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...

 

PDF

Overenforcement (with Richard A. Bierschbach), Georgetown Law Journal (2005)

Overenforcement of the law is widespread, but underinvestigated. Overenforcement occurs when the total sanction suffered...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

Jurisprudence

PDF

ARE PEOPLE PROBABILISTICALLY CHALLENGED? BOOK REVIEW OF DANIEL KAHNEMAN, "THINKING, FAST AND SLOW" (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

PDF

Are People Probabilistically Challenged? Book Review of Daniel Kahneman, THINKING, FAST AND SLOW (2011), Michigan Law Review (2013)

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and...

 

PDF

The Relational Contingency of Rights (with Gideon Parchomovsky), Virginia Law Review (2012)

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent....

 

PDF

Strategic Enforcement (with Margaret H. Lemos), Minnesota Law Review (2010)

Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under...

 

Link

The Distortionary Effect of Evidence on Primary Behavior (with Gideon Parchomovsky), Harvard Law Review (2010)

In this Essay, we analyze how evidentiary concerns dominate actors’ behavior. Our findings offer an...