My scholarship focuses on empirical evidence of citizens' reactions to legal rules, with a particular emphasis on behavioral law and economics. Particular recent targets of interest include the law of fraud (including securities fraud), decision making theory (applied to trial judges and potential jurors), and self-handicapping by corporate executives I graduated from Yale College, double majoring in History and Archaeology. I then attended Harvard Law School, before serving as a law clerk for Senior District Judge Norma L. Shapiro of the Eastern District of Pennsylvania. My pre-academic career concluded at Cravath, Swaine & Moore LLP, in New York City, where I specialized in complex commercial and securities litigation. I also write for the general public at the Concurring Opinions blog, www.concurringopinions.com.
Articles
Docketology, District Courts, and Doctrine (with Alan J. Izenman and Jeffrey R. Lidicker), Wash. U. L. Rev. (2008)
Empirical legal scholars have traditionally modeled judicial opinion writing by assuming that judges act rationally,...
Self-Handicapping and Managers' Duty of Care, Wake Forest Law Review (2007)
This symposium essay focuses on the relationship between managers’ duty of care and self-handicapping, or...
The Best Puffery Article Ever, Iowa Law Review (2006)
This Article provides the first extensive legal treatment of an important defense in the law...
The "Duty" To Be a Rational Shareholder, Minnesota Law Review (2006)
How and when do courts determine that corporate disclosures are actionable under the federal securities...
Nullificatory Juries (with Kaimipono D. Wenger), Wisconsin Law Review (2003)
In this Article, we argue that current debates on the legitimacy of punitive damages would...
Unpublished Papers
Whose Eyes Are You Going to Believe: Scott v. Harris and the Perils of Cognitive Illiberalism (with Dan Kahan and Don Braman), Harv. L. Rev. (2008)
This paper accepts the unusual invitation to see for yourself issued by the Supreme Court...