Contracts

File

Empirical Study Redux on Choice of Law and Forum in M&A: The Data and Its Limits (with Wojbor Woyczynski, Harold Haller, and Kyle Chen), ExpressO (2015)
 

PDF

Efficient Contextualism (with Peter M. Gerhart), Pittsburgh Law Review (2015)

This Article recommends an economic methodology of contract interpretation that enables the court to maximize...

 

File

Context Matters--What Lawyers Say About Choice of Law Decisions in Merger Agreements, ExpressO (2014)

ABSTRACT: The study of choice of law provisions in merger agreements yields various...

 

PDF

The Law and Economics of Norms, Texas International Law Journal (2013)

This Article examines the increased importance of norms in the law and economics of exchange....

 

PDF

The Promise Principle and Contract Interpretation, Suffolk (2011)

The promise principle and its roots in a certain type of morality of individual obligation,...

 

Incomplete Contracts

PDF

SYMPOSIUM InCOMPLETE CONTRACTS: JUDICIAL RESPONSES, TRANSACTIONAL PLANNING AND LITIGATION STRATEGIES, CASE WESTERN LAW REVIEW (2005)

Scholars working in the law-and-economics tradition have suggested that courts should use a hypothetical bargain...

 

Interpretation

PDF

Efficient Contextualism (with Peter M. Gerhart), Pittsburgh Law Review (2015)

This Article recommends an economic methodology of contract interpretation that enables the court to maximize...

 

PDF

A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy (2010)

Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...

 

PDF

Plain Meaning vs. Broad Interpretation: How the Risk of Opportunism Defeats a Unitary Default Rule for Interpretation, Kentucky Law Journal (2007)

Plain Meaning vs. Broad Interpretation: How the Risk of Opportunism Defeats a Unitary Default Rule...

 

Contracts Legal Intervention

PDF

Efficient Contextualism (with Peter M. Gerhart), Pittsburgh Law Review (2015)

This Article recommends an economic methodology of contract interpretation that enables the court to maximize...

 

PDF

A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy (2010)

Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...

 

Incorporation

PDF

Judicial Incorporation of Trade Usages: A Functional Solution to the Opportunism Problem, Connecticut Law Review (2006)

This Article argues that the strategy of rejecting trade usages unless they are part of...

 

Assent-Based Liability

PDF

A New Theory of Assent-Based Liability Emerging Under the Guise of Promissory Estoppel: An Explanation and Defense, The Wayne Law Review (1987)

This article demonstrates that apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria...

 

Default Rules

Reliance and Hold Up

PDF

Uncertainty, Reliance, Preliminary Negotiations and the Hold Up Problem (2007)

Recently, two scholars, Alan Schwartz and Robert Scott, have cast doubt on the conventional view...

 

Economics

File

Empirical Study Redux on Choice of Law and Forum in M&A: The Data and Its Limits (with Wojbor Woyczynski, Harold Haller, and Kyle Chen), ExpressO (2015)
 

PDF

Efficient Contextualism (with Peter M. Gerhart), Pittsburgh Law Review (2015)

This Article recommends an economic methodology of contract interpretation that enables the court to maximize...

 

PDF

The Law and Economics of Norms, Texas International Law Journal (2013)

This Article examines the increased importance of norms in the law and economics of exchange....

 

PDF

JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)

JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...

 

Bankruptcy Law

PDF

A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy, ExpressO (2010)

Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...

 

Courts

File

Empirical Study Redux on Choice of Law and Forum in M&A: The Data and Its Limits (with Wojbor Woyczynski, Harold Haller, and Kyle Chen), ExpressO (2015)
 

PDF

Efficient Contextualism (with Peter M. Gerhart), Pittsburgh Law Review (2015)

This Article recommends an economic methodology of contract interpretation that enables the court to maximize...

 

PDF

JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)

JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...

 

Jurisprudence

PDF

JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)

JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...

 

Norms

PDF

The Law and Economics of Norms, Texas International Law Journal (2013)

This Article examines the increased importance of norms in the law and economics of exchange....

 

Law and Economics

File

Context Matters--What Lawyers Say About Choice of Law Decisions in Merger Agreements, ExpressO (2014)

ABSTRACT: The study of choice of law provisions in merger agreements yields various...

 

Practice and Procedure

File

Context Matters--What Lawyers Say About Choice of Law Decisions in Merger Agreements, ExpressO (2014)

ABSTRACT: The study of choice of law provisions in merger agreements yields various...

 

Law and Society

File

Context Matters--What Lawyers Say About Choice of Law Decisions in Merger Agreements, ExpressO (2014)

ABSTRACT: The study of choice of law provisions in merger agreements yields various...

 

Corporations

File

Empirical Study Redux on Choice of Law and Forum in M&A: The Data and Its Limits (with Wojbor Woyczynski, Harold Haller, and Kyle Chen), ExpressO (2015)
 

File

Context Matters--What Lawyers Say About Choice of Law Decisions in Merger Agreements, ExpressO (2014)

ABSTRACT: The study of choice of law provisions in merger agreements yields various...