Ariel Porat

Aggregation and Law

122 Yale L.J. 2 (2012). If a plaintiff brings two claims, each with a 0.4 probability of being valid, the plaintiff will usually lose, even if the claims are based on independent events, and thus the probability of at least one of the claims being valid is 0.64. If a plaintiff brings two independent claims, and neither of them alleges...

Misalignments in Tort Law

121 Yale L.J. 82 (2011). In negligence law, the risks taken into account by courts when setting the standard of care are the same risks considered when imposing liability and awarding damages. I call this the “alignment principle.” One objective of this Article is to expose exceptions to the alignment principle, which I call “misalignments.” In cases of misalignment, the...

When Do Irreparable Benefits Matter? A Response to Douglas Lichtman on Irreparable Benefits