Andrew Verstein

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86.3
The Failure of Mixed-Motives Jurisprudence
Andrew Verstein
Associate Professor of Law, Wake Forest University School of Law.

For helpful comments, I am grateful to Jessica Clarke, Brandon Garrett, Mike Green, Aziz Huq, Martha Nussbaum, Eric Posner, Sean P. Sullivan, David Super, Matthew C. Stephenson, Gabriel Rauterberg, Ron Wright, the participants in the Brooklyn Law School Faculty Workshop, the George Mason Faculty Workshop, and the Yale/Stanford/Harvard Junior Faculty Forum. Andrew Homer and Abby Jacobs provided helpful research assistance.

How should we judge people who act for both good and bad motives?

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86.2
Privatizing Personalized Law
Andrew Verstein
Associate Professor of Law, Wake Forest University School of Law. JD, Yale Law School.

I am grateful to all participants in The University of Chicago Law Review Symposium on Personalized Law for comments, but especially to Omri Ben-Shahar for insightful conversations.

In recent years, scholars have devoted increasing attention to the prospect of personalized law. The bulk of the literature has so far concerned whether to personalize any law and, if so, what substantive changes should be instantiated through personalization.