Law and Contemporary Problems

A quarterly law journal publishing issues devoted to papers on a particular topic of contemporary interest. Topics usually reflect an interdisciplinary perspective with contributions by lawyers, economists, social scientists, scholars in other disciplines

Articles from Vol. 74, No. 2, Spring

Behind the Veil of Legal Uncertainty
INTRODUCTION In legal scholarship, it is almost self-evident that "certainty" is an advantage for regulation. (1) "Uncertainty," on the other hand, is usually viewed as an inevitable by-product of vague legal standards that may be justified by the...
Foreword Advances in the Behavioral Analysis of Law: Markets, Institutions, and Contracts
The collection of articles in this Special Issue is based on an international conference on Advances in the Behavioral Analysis of Law: Markets, Institutions, and Contracts that took place on December 8, 2009 at the University of Haifa Faculty of Law...
Harmful Freedom of Choice: Lessons from the Cellphone Market
I INTRODUCTION The cellphone market is an exciting and fascinating avenue for research. In it, one finds high-speed technological innovation, changes in social norms regarding public versus private space and behavior, issues of competition policy...
Law for the Common Man: An Individual-Level Theory of Values, Expanded Rationality, and the Law
I INTRODUCTION What does the law mean to the common person? Such a broad question could be answered in more than one way, depending on one's vantage point, disciplinary background, and so forth. From an economic-analysis perspective, an individual...
Notions of Fairness and Contingent Fees
INTRODUCTION Notions of fairness occupy a prominent position in the law generally, and in assessing the validity of transactions and the need for their regulation, in particular. Fairness judgments Can refer to various aspects of a transaction,...
Open Doors, Trap Doors, and the Law
INTRODUCTION Common wisdom teaches us to strive to leave as many options open for as long as possible. We are advised by mentors and peers to constantly re-examine decisions and offers, seek out new ones, and keep sight and control of the old. The...
Stealing Sunshine
I INTRODUCTION "Stealing Sunshine" is a trial-advocacy technique whereby an attorney discloses, in the opening statement or on direct examination of a witness, information that seems advantageous to the opponent's case, before the latter elicits...
Why Didn't Subprime Investors Demand a (Much Larger) Lemons Premium?
I INTRODUCTION The present financial crisis began as a subprime-mortgage crisis. (1) Mortgages made to borrowers with less-than-stellar credit, on terms that might result in sharply higher loan payments in the near term (2) and that assumed continuing...