Articles
Judging Lite: How Arbitrators Use and Create Precedent, North Carolina Law Review (2012)
Common wisdom has it that arbitrators neither follow nor make precedent, with potentially dire consequences....
How Markets Work: The Lawyer's Version (with Mitu Gulati) (2011)
In this article, we combine two sources of data to shed light on the nature...
Contracting for State Intervention, Law and Contemporary Problems (2010)
Most models of contracting behavior assume that contract terms are meant to be enforced, whether...
Toward a Theory of Precedent in Arbitration, William and Mary Law Review (2010)
The claim that arbitrators do not create precedent recurs throughout the arbitration literature. As an...
Disputing Boilerplate, Temple Law Review (2009)
Sovereign bond contracts are thought to consist mostly of boilerplate. That is, except for a...
From Court-Surrogate to Regulatory Tool: Re-Framing the Empirical Study of Employment Arbitration, Michigan Jounal of Law Reform (2008)
A growing body of empirical research explores the use of arbitration to resolve employment disputes.,...