Robert Cooter

University of California, Berkeley

Herman F. Selvin Professor of Law
Co-Director, Berkeley Program in Law and Economics
Contact Information
Curriculum Vitae [PDF]

Search All Sites

Print this page

Browse by Article Type

Articles

American Indian Law Codes: Pragmatic Law and Tribal Identity (with Wolfgang Fikentscher), The American Journal of Comparative Law (2008)

Total Liability for Excessive Harm, Journal of Legal Studies (2007)

The Intrinsic Value of Obeying a Law: Economic Analysis of the Internal Viewpoint, 75 Fordham Law Review 1275-1285. (2006)

An Escape from Poverty: Developing Productive Organization, Southwestern Journal of Law and Trade in the Americas (2006)

Liability Externalities and Mandatory Choices: Should Doctors Pay Less? (with Ariel Porat), Journal of Tort Law (2006)

Charity, Publicity and the Donation Registry (with Brian J. Broughman), The Economists' Voice (2005)

Innovation, Information and the Poverty of Nations, Florida State University Law Review (2005)

The Donation Registry, Fordham Law Review (2004)

Decreasing-Liability Contracts (with Ariel Porat), Journal of Legal Studies (2004)

Hand Rule Damages for Incompensable Losses, San Diego Law Review (2003)

Who Gets on Top in Democracy? Elections as Filters, The Supreme Court Economic Review (2003)

Anti-Insurance (with Ariel Porat) (2002)

Fairness, Character and Efficiency in Firms (with Melvin A. Eisenberg) (2001)

Should Courts Deduct Nonlegal Sanctions from Damages? (with Ariel Porat) (2001)

Does Risk to Oneself Increase the Care Owed to Others? Law and Economics in Conflict (with Ariel Porat) (2001)

Truth-Bonding and other Truth-Revealing Mechanisms for Courts (with Winand Emons) (2000)

Constitutional Consequentialism: Bargain Democracy versus Median Democracy (2000)

Do Good Laws Make Good Citizens? An Economic Analysis of Internalized Norms (2000)

Three Effects of Social Norms on Law: Expression, Deterrence, and Internalization (2000)

Truth-Bonding and other Truth-Revealing Mechanisms for Courts [Technical Version] (with Winand Emons) (1999)

Mongolia: Avoiding Tragedy in the World's Largest Commons (1999)

Decentralised Law (1998)

Indian Common Law: The Role of Custom in American Indian Tribal Courts - Part I (with Wolfgang Fikentscher) (1998)

Indian Common Law: The Role of Custom in American Indian Tribal Courts Part II (with Wolfgang Fikentscher) (1998)

Models of Morality in Law and Economics: Self-Control and Self-Improvement for the "Bad Man" of Holmes (1998)

Normative Failure Theory of Law (1997)

Punitive Damages, Social Norms, and Economic Analysis (1997)

The Rule of State Law and the Rule-of-Law State: Economic Analysis of the Legal Founations of Development (1997)

Comparative Judicial Discretion: An Empirical Test of Economic Models (with Tom Ginsburg) (1996)

The Theory of Market Moderization of Law (1996)

Decentralized law for a Complex Economy: The Structural Approach to Adjudicating the New Law Merchant (1996)

Introduction - Conferenece on the Constitutional Law and Economics of the European Union (with Dieter Schmidtchen), International Review of Law and Economics (1995)

Reforming the New Discovery Rules, Georgetown Law Journal (1995)

Law and Unified Social Theory (1995)

An Economic Model of Legal Discovery (with Daniel L. Rubinfeld), Journal of Legal Studies (1994)

Market Affirmative Action (1994)

Structural Adjudication and the New Law Merchant: A Model of Decentralized Law (1994)

The Logic of Power in the Emerging European Constitution: Game Theory and the Division of Powers (with Josef Drexl), International Review of Law and Economics (1994)

Void for Vagueness: Introduction to a Symposium, California Law Review (1994)

Against Legal Centrism, California Law Review (1993)

California's Credit Card Industry, Underwritten by Visa USA (1993)

Editor's Introduction, International Review of Law and Economics (1992)

Organization as Property: Economic Analysis of Property Law Applied to Privatization, The Emergence of Market Economies in Eastern Europe (1992)

The Minimax Constitution as Democracy, International Review of Law and Economics (1992)

An Economic Model of the Fiduciary's Duty of Loyalty (with Bradley J. Freedman) (1991)

Economic Analysis in Civil Law Countries: Past, Present, Future (with James R. Gordley), International Review of Law and Economics (1991)

Economic Theories of Legal Liability, Journal of Economic Perspectives (1991)

Inventing Market Property: The Land Courts of Papua New Guinea (1991)

Lapses, Conflict and Akrasia in Torts and Crimes, International Review of Law and Economics (1991)

The Fiduciary Relationship: Its Economic Character and Legal Consequences (with Bradley J. Freedman) (1991)

Justice and Economic Decision Making: A Model of Akrasia, Social Justice Research (1990)

Trial Courts: An Economic Perspective (with Daniel L. Rubinfeld), Law & Society Review (1990)

Economic Analysis of Legal Disputes and Their Resolution (with Daniel L. Rubinfeld) (1989)

Issues in customary Land Law (1989)

Rawls's Lexical Orderings are Good Economids, Economics and Philosophy (1989)

The Best Right Laws: Value Foundations of the Economic Analysis of Law (1989)

Towards a Market in Unmatured Tort Claims (1989)

Punitive Damages for Deterrence: When and How Much?, Alabama Law Review (1989)

Orders and Incentives as Regulatory Methods: The Expedited Funds Availability Act of 1987 (with Edward L. Rubin), UCLA Law Review (1988)

Liberty, Efficiency, and Law (1988)

A Theory of Loss Allocation for Consumer Payments (with Edward L. Rubin) (1988)

Torts as the Union of Liberty and Efficiency: An Essay on Causation, Chicago Kent Law Review (1987)

Why Litigants Disagree: A Comment on George Priest's "Measuring Legal Change", Journal of Law, Economics and Organization (1987)

Justice at the Confluence of Law and Economics (1987)

An Economic Case for Comparative Negligence (with Thomas S. Ulen) (1986)

Defective Warnings, Remote Causes, and Bankruptcy: Comment on Schwartz, Journal of Legal Studies (1985)

Damages for Breach of Contract (with Melvin A. Eisenberg) (1985)

Unity in Tort, Contract and Property: The Model of Precaution (1985)

Personal versus Impersonal Trade: The Size of Trading Groups and Contract Law, International Review of Law and Economics (1984)

Prices and Sanctions (1984)

Were the Ordinalists Wrong About Welfare Economics? (with Peter Rappoport) (1984)

Justice and Mathematics: Two Simple Ideas, New Directions in Economic Justice (1983)

The objectives of private and public judges, Public Choice (1983)

Economic Analysis of Punitive Damages (1983)

Bargaining in the Shadow of the Law: A Testable Model of Strategic Behavior (1982)

Law and the Imperialism of Economics: An Introduction to the Economic Analysis of Law and a Review of the Major Books, 29 UCLA L. Rev. 1260 (1982)

The Cost of Coase, Journal of Legal Studies (1982)

Passing on the Monopoly Overcharge: A Further Comment on Economic Theory (1981)

How the Law Circumvents Starrett's Nonconvexity, Journal of Economic Theory (1980)

Political Economy of a Public Corporation, Jouranl of Public Economics (1980)

A Closed Model of Careers in a Simple Hierarchy (with Rodrigo Restrepo) (1979)

A New Expenditure Function, Economics Letters (1979)

Liability rules, limited information, and the role of precedent (with Lewis Kornhauser and David Lane) (1979)

Optimal Tax Schedules and Rates: Mirrlees and Ramsey (1978)

Optimal Income Taxation for Transfer Payments Under Different Social Welfare Criteria (with Elhanan Helpman) (1974)

Books

The People and the Strangers: Narratives and a Theory of American Indian Life (with Robert K. Thomas) (2003)

Introduction to Law and Economics (with Thomas Ulen) (2000)

The Strategic Constitution (1999)

Issues in Customary Land Law (1989)

Contributions to Books

Bargaining with the State: Offsets and Mitigation in Developing Land, This short paper will appear in a commemorative book for Hans-Bernd Schäfer's 65th Birthday (2007)

Adapt or Optimize? The Psychology and Economics of Rules of Evidence, Heuristics and the Law (2006)

Commodifying Liability, The Rise and Fall of Freedom of Contract (2006)

Diritto e Economia, Instituto Dell'Enciclopedia Italiana (2006)

Individuals and Relatives, A Good Cherokee, A Good Anthropologist - Papers in Honor of Robert K. Thomas (2006)

The Cultural Justification of Unearned Income: An Economic Model of Merit Goods Based on Aristolelian Ideas of Akrasia and Distributive Justice (with James R. Gordley), Profits and Morality (2006)

The Optimal Number of Governments for Economic Development, Market-Augmenting Government (2006)

The Confluence of Justice and Efficiency in the Economic Analysis of Law, The Origins of Law and Economics: Essays by the Founding Fathers (2003)

A Regulated Market in Unmatured Tort Claims: Tort Reform by Contract (with Stephen D. Sugarman), New Direction in Liability Law (1998)

Kin Groups and the Common Law Process, Monograph 29 - Customary Land Tenure: Registration and Decentralisation in Papua New Guinea (1991)

Preprints

Anti-Sharing as a Theory of Partnerships and Firms (with Roland Kirstein) (2006)

Sharing and Anti-Sharing in Teams (with Roland Kirstein) (2006)

The Misperception of Norms: The Psychology of Bias and the Economics of Equilibrium (with Michal Feldman and Yuval Feldman) (2006)

Information, Innovation, and the Poverty of Nations, Free Market Foundation Occasional Paper15 (2006)

Liability Rights As Contingent Claims (2006)

Adapt or Optimize? The Psychology and Economics of Rules of Evidence (2005)

Federalism with Two Languages (2003)

Punitive Damages (2003)

The Law and Economics of Anthropology: A Review (2003)

Treating Yourself Instrumentally: Internalization, Rationality and Law (2003)

Hand Rule Damages for Incompensable Losses (2003)

Who Gets On Top in Democracy? Elections as Filters (2002)

Expressive Law: Framing or Equilibrium Selection? (with Iris Bohnet) (2001)

Should Courts Deduct Non-Legal Sanctions from Damages? (with Ariel Porat) (2000)

The Virtuous Circle of Distrust: A Mechanism to Deter Bribes and Other Cooperative Crimes (with Nuno Garupa) (2000)

Optimal Number of Governments (2000)

Fairness, Character, and Efficiency in Firms (with Melvin A. Eisenberg) (2000)

Expressive Law and Economics (1998)

MODELS OF MORALITY IN LAW AND ECONOMICS: SELF-CONTROL AND SELF- IMPROVEMENT FOR THE "BAD MAN" OF HOLMES (1997)

Law From Order: Economic Development and the Jurisprudence of Social Norms (1997)

The Rule of State Law Versus the Rule-of-Law State: Economic Analysis of the Legal Foundations of Development (1996)

The Theory of Market Modernization of Law (1995)

Works in Progress

Law and the Poverty of Nations (with Hans Bernd Schaefer) (2008)

Accidents and Tort Law.new chapter for Law & Pvrty Nations (with Hans Bernd Schaefer) (2007)

The Misperception of Norms: The Psychology of Bias and the Economics of Equilibrium (with Yuval Feldman and Michal Feldman) (2007)

Theories Meet Facts.new chapter for Law & Pvrty Nations (with Hans Bernd Schaefer) (2007)