Omri Ben-Shahar

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Essay
How to Evaluate Personalized Law
Omri Ben-Shahar
Omri Ben-Shahar is the Leo and Eileen Herzel Professor of Law at the University of Chicago Law School.
Ariel Porat
Ariel Porat is the Alain Poher Professor of Law and President of Tel-Aviv University.

Personalized law is a new model of rulemaking where each person is subject to different legal rules and bound by their own personally tailored law.

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Article
v88.3
Rethinking Nudge: An Information-Costs Theory of Default Rules
Oren Bar-Gill
William J. Friedman and Alicia Townsend Friedman Professor of Law and Economics, Harvard Law School.
Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law, Kearney Director of the Coase-Sandor Institute for Law and Economics, The University of Chicago Law School.

For helpful comments and suggestions, we thank Matthew Adler, Mireia Artigot i Golobardes, Ian Ayres, Lucian Bebchuk, Hanoch Dagan, John Donohue, Avihay Dorfman, Abigail Faust, Rosa Ferrer, Michael Frakes, Juan-José Ganuza, John Goldberg, Jacob Goldin, Fernando Gómez, Assaf Hamdani, Sharon Hannes, Alon Harel, Louis Kaplow, Kobi Kastiel, Roy Kreitner, Tamar Kricheli-Katz, Florencia Marotta-Wurgler, Alan Miller, A. Mitchell Polinsky, Ariel Porat, J. Mark Ramseyer, Barak Richman, Adriana Robertson, Steven Shavell, Henry Smith, Holger Spamann, Cass Sunstein, George Triantis, David Weisbach, and workshop participants at Bar-Ilan University, Chicago, Duke, Haifa University, Harvard, Stanford, Tel Aviv University, and Universitat Pompeu Fabra. Emily Feldstein and Haggai Porat provided outstanding research assistance.

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Article
86.2
Personalizing Mandatory Rules in Contract Law
Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law, The University of Chicago.

We thank Oren Bar-Gill and participants in The University of Chicago Law Review Symposium on Personalized Law for their comments, and Tal Abuloff and Tom Zur for excellent research assistance.

Ariel Porat
Alain Poher Professor of Law at Tel Aviv University and Fischel-Neil Distinguished Visiting Professor of Law at The University of Chicago.
Mandatory rules in contract law are meant to protect people from “bad” terms.
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Essay
Pre-closing Liability
Omri Ben-Shahar
Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School

I am grateful to Russell Korobkin, Saul Levmore, and Eric Posner for helpful comments.

Consumer Law Contract Law
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Essay
84.1
Searching for the Common Law: The Quantitative Approach of the Restatement of Consumer Contracts
Oren Bar-Gill
William J. Friedman and Alicia Townsend Friedman Professor of Law and Economics, Harvard Law School

For helpful comments and suggestions, we thank Lewis Kornhauser, Richard Revesz, participants in The University of Chicago Law Review’s symposium on “Developing Best Practices for Legal Analysis,” and participants in the American Law Institute’s Restatement of the Law, Consumer Contracts project.

Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law and Kearney Director of the Coase-Sandor Institute for Law and Economics, The University of Chicago Law School
Florencia Marotta-Wurgle
Professor of Law, New York University School of Law

Introduction

Applying a precedent is the fundamental craft of a common-law judge. Judges do not go back to general principles to derive novel solutions to each case at hand, along with novel justifications and renewed persuasion efforts.

Best Practices Consumer Law Contract Law Empirical Analysis
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Article
83.4
The Paradox of Access Justice, and Its Application to Mandatory Arbitration
Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law, The University of Chicago Law School.

I am grateful to Michael Abramowicz, Oren Bar-Gill, Ryan Bubb, William Hubbard, Adam Levitin, Hans-Wolfgang Micklitz, Barak Richman, Raaj Sah, Sonja Starr, David Weisbach, Lauren Willis, Kathy Zeiler, and workshop participants at Boston University, The University of Chicago, the Institute for Advanced Study in Berlin, Northwestern University, Sciences Po in Paris, and the University of Toronto for commenting on an earlier draft, and to Irit Brodsky and Holly Newell for research assistance.

 

I.  Access Justice and Redistribution

A.    The Regressive Possibility

Arbitration Consumer Law Law and Economics

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