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...
How Relevant is Jury Rationality?, University of Illinois Law Review (2003)
This essay reviews "Punitive Damages: How Juries Decide" by Cass Sunstein, et al. The book...
Can Law and Economics Be Both Practical and Principled? (with Michael P. O'Shea), Alabama Law Review (2002)
This article describes important recent developments in normative law and economics, and the difficulties they...
Unpublished Papers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...