Corporations & Business
Bonding Limited Liability, 51 William & Mary Law Review (2010)
Limited liability is considered a “birthright” of corporations. The concept is entrenched in legal theory,...
Fiduciary Exemption for Public Necessity: Shareholder Profit, Public Good, and the Hobson's Choice during a National Crisis, 17 George Mason Law Review (2010)
This Article is written as two discrete, independently accessible topical sections. The first topical section,...
The Madoff Scandal, Market Regulatory Failure and the Business Education of Lawyers, 35 Journal of Corporation Law (2010)
This essay suggests that a deficiency in legal education is a contributing cause of the...
Corporate Ethics, Agency, and the Theory of the Firm, 3 Journal of Business & Technology Law 309 (2008)
This conference paper suggests that the problem of corporate ethics cannot be reduced to the...
Economics of Dispute Resolution
Toward Procedural Optionality: Private Ordering of Public Adjudication, 84 New York University Law Review 514 (2009)
Private resolution and public adjudication of disputes are commonly seen as discrete, antipodal processes. There...
The Effect of Risk on Legal Valuation, 78 University of Colorado Law Review 193 (2007)
From a financial economic perspective, the governing condition of a meritorious civil action is the...
A Price Theory of Legal Bargaining: An Inquiry into the Selection of Settlement and Litigation Under Uncertainty, 56 Emory Law Journal 619 (2006)
Conventional wisdom says that economic surplus is created when the cost of litigation is foregone...
Insurance & Torts
A Production Theory of Pure Economic Loss, 104 Northwestern University Law Review (2010)
Although the pure economic loss rule has been remarkably durable in the common law, it...
Catastrophic Loss, Alternative Risk Transfer, and Terrorism Insurance, All Faculty Publications (2008)
This paper constitutes a compilation of summary entries on catastrophic loss, alternative risk transfer, and...
Insurance for Acts of Terrorism, (2008)
This chapter discusses insurance case law arising from acts of terrorism, including those arising from...
Participation and Disintermediation in a Risk Society, (2008)
The chapter argues that financing extreme catastrophic loss will become more problematic as catastrophes become...
Tort Arbitrage, 60 Florida Law Review 125 (2008)
The economic models of bargaining and tort law have not been integrated into a coherent...
Miscellaneous
Probability, Policy and the Problem of Reference Class, 11 International Journal of Evidence and Proof 286 (2007)
This short paper focuses on the problem of reference class in evidentiary assessment as it...
The Socratic Method and the Mathematical Heuristic of George Polya, 81 St. John's Law Review 881 (2007)
A number of commentators have observed the decline of the Socratic method. This is unfortunate...