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Alternative Behavioral Law and Economics  

Gregory Mitchell

Print publication date:
Nov 2014
Online publication date:
Nov 2014
This chapter considers the psychological, methodological, and normative paths taken by behavioral law and economics (“BLE”) and alternative paths that BLE might have taken, and might still ... More

Behavioral Analysis of Criminal Law: A Survey  

Alon Harel

Print publication date:
Nov 2014
Online publication date:
Nov 2014
After contrasting behavioral criminal law and economics with the retributivist tradition and with traditional criminal law and economics, the chapter illustrates how various behavioral ... More

Behavioral Economics and Contract Law  

Melvin A. Eisenberg

Print publication date:
Nov 2014
Online publication date:
Nov 2014
Classical contract law, Chicago economics, and Chicago law-and-economics all assumed that people rationally maximize their utility. However, just as classical contract law was supplanted ... More

Behavioral Economics and Insurance Law: The Importance of Equilibrium Analysis  

Tom Baker and Peter Siegelman

Print publication date:
Nov 2014
Online publication date:
Nov 2014
Because choosing insurance requires consumers to assess risks and probabilities, the demand for insurance has proven to be fertile ground for identifying deviations from rational behavior. ... More

Behavioral Economics and Plea Bargaining  

Russell Covey

Print publication date:
Nov 2014
Online publication date:
Nov 2014
Numerous documented cognitive biases, including loss aversion, confirmation bias, and overconfidence, seem to work against resolution of criminal cases through plea bargaining, since doing ... More

Behavioral Economics and the Law: Tax  

Edward J. McCaffery

Print publication date:
Nov 2014
Online publication date:
Nov 2014
This chapter argues that a behavioral law and economics approach to tax is deeply needed for a wider normative analysis of the impacts of law on social welfare. The absence of traditional ... More

Behavioral Economics and Tort Law  

Yoed Halbersberg and Ehud Guttel

Print publication date:
Nov 2014
Online publication date:
Nov 2014
The chapter discusses the contributions of cognitive psychology and behavioral studies to the research of tort law. These contributions, we show, relate to a wide range of issues in torts: ... More

Behavioral Ethics Meets Behavioral Law and Economics  

Yuval Feldman

Print publication date:
Nov 2014
Online publication date:
Nov 2014
The present chapter maps the literature of ethical decision-making in psychology and management and examines the ways in which it could shape behavioral law and economics. The chapter ... More

Behavioral Law and Economics: Empirical Methods  

Christoph Engel

Print publication date:
Nov 2014
Online publication date:
Nov 2014
This chapter deals with empirical methods as applied in behavioral law and economics. It first reflects on the traditional use of a behavioral perspective in legal psychology and criminal ... More

Behavioral Law and Economics of Property Law: Achievements and Challenges  

Daphna Lewinsohn-Zamir

Print publication date:
Nov 2014
Online publication date:
Nov 2014
This chapter critically surveys the behavioral law-and-economics literature on property law. First, it sketches the main features of existing studies and their tendency to excessively ... More

Biasing, Debiasing, and the Law  

Daniel Pi, Francesco Parisi, and Barbara Luppi

Print publication date:
Nov 2014
Online publication date:
Nov 2014
In this chapter, we build on the existing literature on the use of legal strategies for addressing problems of biased judgment and behavior, exploring how heuristics and biases may be ... More

Civil Rights, Employment, and Race  

Brendan O'Flaherty

Print publication date:
Jun 2019
Online publication date:
Jun 2019
Why are there civil rights laws? What should their scope and coverage be? What are their weaknesses? How can they be improved? In answering these questions, I concentrate on employment and ... More

Constitutional Transparency  

Richard J. Sweeney

Print publication date:
Oct 2014
Online publication date:
Dec 2014
For economics, finance, and business purposes, constitutional transparency largely means predictability. Decisions to change a constitution can result in type I errors—accepting changes ... More

Consumer Transactions  

Oren Bar-Gill

Print publication date:
Nov 2014
Online publication date:
Nov 2014
Consumer transactions differ from the archetypal arm’s-length contract on which both classical contract law and neoclassical economics focus. These transactions are marked by an imbalance ... More

Contracting  

Brit Grosskopf

Print publication date:
Sep 2012
Online publication date:
Dec 2012
This article investigates the relationship between formal contracts and trust. The results from Grosskopf and Roth (2009) reveal that experimental investigations of contract design ideally need to be ... More

Deontological Morality and Economic Analysis of Law  

Eyal Zamir and Barak Medina

Print publication date:
Jun 2019
Online publication date:
Jun 2019
Welfare economics—the normative branch of economics—is a consequentialist moral theory. Unlike deontological morality, at least in its basic form it attributes no intrinsic value to ... More

Economists’ Odd Stand on the Positive–Normative Distinction: A Behavioral Economics View  

John B. Davis

Print publication date:
Apr 2016
Online publication date:
Aug 2014
This chapter examines economists’ indefensible attachment to the positive–normative distinction, and suggests a behavioral economics explanation of their behavior on the subject. It traces ... More

The End of Contractarianism?: Behavioral Economics and the Law of Corporations  

Kent Greenfield

Print publication date:
Nov 2014
Online publication date:
Nov 2014
For a generation, the law of corporations depended on, and sprang from, a notion of economic rationality. This rationality took as its touchstone the efficiency of the marketplace ... More

Environmental Law  

Adrian Kuenzler and Douglas A. Kysar

Print publication date:
Nov 2014
Online publication date:
Nov 2014
Recent years have witnessed the beginning of an important trend in environmental law and policy, namely the endeavor to integrate insights from the behavioral sciences into regulatory ... More

Evidence Law  

Fredrick E. Vars

Print publication date:
Nov 2014
Online publication date:
Nov 2014
Recent years have witnessed the beginning of an important trend in environmental law and policy, namely the endeavor to integrate insights from the behavioral sciences into regulatory ... More

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