•  16
    Plural Values in Contract Law: Theory and Implementation
    with Daniel Markovits
    Theoretical Inquiries in Law 20 (2): 571-593. 2019.
    Private law theory must confront the plurality of values that inform the problems that private law addresses in practice. We consider Hanoch Dagan’s and Michael Heller’s The Choice Theory of Contracts as a case-study in the promise and perils that embracing plural values poses for private law theory. We begin by arguing that private law theory cannot ignore value pluralism and identify three approaches that theory might take to pluralism. We call these approaches capitulating to, leveraging, and…Read more
  •  5
    Sales and Elections as Methods for Transferring Corporate Control
    with Ronald J. Gilson
    Theoretical Inquiries in Law 2 (2). 2001.
    Delaware case law has rendered the tender offer obsolete as a method for purchasing a company whose directors oppose the acquisition. A potential acquirer facing target opposition today must run an insurgent director slate, in the expectation that its directors are more likely to sell. The Delaware courts have not justified their preference for elections over markets as the preferred vehicle for implementing changes in control. Informal scholarly analyses ask transaction cost questions, such as …Read more
  •  51
    Emotion-based choice
    with Barbara Mellers and Ilana Ritov
    Journal of Experimental Psychology: General 128 (3): 332. 1999.
  •  14
    Responsibility and tort liability
    Ethics 97 (1): 270-277. 1986.
  •  33
    Medical Decision Making and Medical Education: Challenges and Opportunities
    Perspectives in Biology and Medicine 54 (1): 68-74. 2011.
    The modern science of judgment and decision making began to emerge in the 1950s, and was thus unknown when Abraham Flexner wrote Medical Education in the United States and Canada (1910). This did not stop Flexner from highlighting the unique challenges facing the physician as a decision maker, as part of his effort to press for requiring some college education as a prerequisite for medical school:The engineer deals mainly with measurable factors. His factor of uncertainty is within fairly narrow…Read more
  •  11
    Medical decision making: a physician's guide
    Cambridge University Press. 2008.
    Decision making is a key activity, perhaps the most important activity, in the practice of healthcare. Although physicians acquire a great deal of knowledge and specialised skills during their training and through their practice, it is in the exercise of clinical judgement and its application to individual patients that the outstanding physician is distinguished. This has become even more relevant as patients become increasingly welcomed as partners in a shared decision making process. This book…Read more