Articles
The Knowledge Problem of the New Paternalism, Brigham Young University Law Review (2009)
The “new paternalism” is a set of policy prescriptions based on recent findings in behavioral...
Little Brother Is Watching You: New Paternalism on the Slippery Slopes, Arizona Law Review (2009)
The “new paternalism” claims that careful policy interventions can help people make better decisions in...
Justice versus Benevolence: A Modern Humean View, (Univ of ) Minnesota Journal of Law, Science and Technology (2008)
This paper is an attempt to "update" and extend David Hume's moral psychology by demonstrating...
Paternalist Slopes (with Glen Whitman), NYU Journal of Law and Liberty (2007)
A growing literature in law and public policy harnesses research in behavioral economics to justify...
The Problem of Moral Dirigisme: A New Argument Against Moralistic Legislation, NYU Journal of Law & Liberty (2005)
This Article applies a theory of rational choice to moral decisionmaking. In this theory, agents...
The Camel's Nose is in the Tent: Rules, Theories and Slippery Slopes (with Glen Whitman), UCLA Law Review (2003)
The authors provide a general theory for understanding and evaluating slippery slope arguments (SSAs) and...
Which Kind of Legal Order? Logical Coherence and Praxeological Coherence, Journal des Economistes et des Etudes Humaines (1999)
This article addresses the classic question: How can the common law ensure relative certainty of...
The Coming Slavery: The Determinism of Herbert Spencer, Review of Austrian Economics (1999)
Herbert Spencer (1820–1903) believed that Victorian Britain was moving toward a society of total regimentation...
The Genetic-Causal Tradition and Modern Economic Theory, Kyklos (1996)
This paper is an analysis of a specific tradition of causal thinking in economics: the...
Equilibrium Visions, South African Journal of Economics (1992)
This is an analysis of the uses of the equilibrium concept in the works of...
Hayek's Four Tendencies Toward Equilibrium, Cultural Dynamics (1990)
F.A. Hayek uses the concepts of "equilibrium" and the "tendency toward equilibrium" in a number...
Causal Apportionment: A Reply to the Critics, Journal of Legal Studies (1986)
This article follows-up on the theory of apportionment by relative causal contribution developed in the...
A Theory of Economic Loss in the Law of Torts, Journal of Legal Studies (1982)
This article contains a general theory that explains why pure economic loss ( that is,...
Causal Apportionment in the Law of Torts, Columbia Law Review (1980)
This article presents a theory and a technology of damage apportionment (in cases of joint,...
Law Amid Flux: The Economics of Negligence and Strict Liability in Tort, Journal of Legal Studies (1980)
This is an early critique of the Landes-Posner economic anlysis of tort law. The article...
Books
Economics of Time and Ignorance: 1996 Intro Survey (1996)
This is a review of the developments in Austrian-subjectivist economics during the period 1985-1996 from...
Time, Uncertainty and Disequilibrium: Exploration of Austrian Themes (1979)
This is a collection of articles and comments on those articles deriving from a conference...
Contributions to Books
Real Time and Relative Indeterminacy in Economic Theory, Time in Contemporary Intellectual Thought (2000)
This article develops the implications of a dynamic conception of time for the idea of...
Popular Press
A Microeconomist's Protest, The Freeman: Ideas on Liberty (2009)
An analysis of the Great Recession by a microeconomist who sees inherent deficiencies in the...
Trust Us, Forbes magazine (2007)
A critique of the new paternalist idea that experts can know what individuals really want.
Should Policies Nudge People? An Exchange with Richard Thaler on Libertarian Paternalism, Wall Street Journal On-Line "Econoblog" (2007)
Exchange -- perhaps a debate -- with Richard Thaler (Univ of Chicago) on his, and...
Unpublished Papers
Austrian Economics: Recent Work (2009)
A survey of work in Austrian economics over the past twenty years.
Austrian Economics: Recent Work [references only] (2009)
These are the references for the article," Austrian Economics: Recent Work."
Little Brother is Watching You: New Paternalism on the Slippery Slopes (with Douglas Glen Whitman) (2008)
The "new paternalism" claims that careful policy interventions can help people make better decisions in...
Presentations
The Misdirection of Resources and the Current Recession, The Club for Growth and The Heritage Foundation (2009)
An analysis of the deficiencies of the stimulus pakage of February, 2009 from the point...
Other
A Course in Ethics and Economics (2008)
The syllabus of a course "The Economics of Welfare, Justice and Ethics" I am giiving...
A Course in Classical Liberal Thought (2007)
This is the syllabus of a course in classical liberal thought that I have been...