The authors first explain the various ways the rationality assumption is used in legal
scholarship and why it leads to unsatisfying policy prescriptions. They then systematically …

More than thirty years ago, W. David Slawson estimated that 99 percent of all contracts did
not resemble the Platonic ideal of a list of jointly negotiated terms but were instead …

Perhaps the most hotly-contested debate in the history of securities regulation has been
over the need for mandatory disclosure. Scholars in the field of securities regulation have …

The development of the Internet as a medium for consumer transactions creates a new
question for contract law. In this Article, Professors Robert Hillman and Jeffrey Rachlinski …

Millions of people now engage in daily activities on the Internet, and under current technical
configurations, this behavior generates finely grained personal data. In the absence of …

PREFERENCES FOR PROCESSES: THE PROCESS/PRODUCT DISTINCTION AND THE
REGULATION OF CONSUMER CHOICE Page 1 PREFERENCES FOR PROCESSES: THE …

To date, the debate over private prisons has focused largely on the relative efficiency of
private prisons as compared to their publicly-run counterparts, and has assumed that, if …

Recognition of the fallibility of human judgment and the research that identifies this fallibility
commonly inspire calls for imposing constraints on individual choice. 6 If experienced …

Several years ago the ethicist Daniel Wikler provocatively asked," If we claim that relative
intellectual superiority justifies restricting the liberties of the retarded, could not exceptionally …

If you're a woman and you shop for a new car, will you really get the best deal? If you're a
man, will you fare better? If you're a black man waiting to receive an organ transplant, will …