Consumer Law

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.

Do Patent Challenges Reduce Consumer Welfare?
Gregory Dolin, M.D.
Associate Professor of Law and Co-Director of the Center for Medicine and Law, University of Baltimore School of Law; Georgetown University Law Center, JD; State University of New York at Stony Brook School of Medicine, MD; The George Washington University, MA; Johns Hopkins University, BA

I would like to thank Dmitry Karshtedt for his helpful comments and Stephen Yelderman for the opportunity to engage with his paper over the last few months.

I.  Patents, Antitrust, and Competition

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


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.

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.