Jules L. Coleman
Forum
Mistakes, Misunderstandings, and Misalignments
In a recent article appearing in The Yale Law Journal, Ariel Porat argues that the tort of negligence is beset by a range of misalignments that threaten to induce inefficient behavior. In this Response, I argue that Porat is working with an unhelpful notion of misalignment; that tort law has its own…
Article
The Architecture of Jurisprudence
121 Yale L.J. 2 (2011).
Contemporary jurisprudence has been dominated by an unhelpful interest in
taxonomy. A conventional wisdom has grown up around these projects. This Article, the first in
a three-part series, identifies two dominant claims of this conventional wisdom in
jurisprudence—one substantiv…
Forum
Some Reflections on Richard Brooks’s “Efficient Performance Hypothesis”
Though falling comfortably in the genre of economic analysis of contract, Professor Brooks’s essay nevertheless provides some relief from the excesses of economic theorizing about the law. I will confine my comments to the conceptual and normative features of the economic analysis of contract, lea…
Review
The Grounds of Welfare
112 Yale L.J. 1511 (2003)
Louis Kaplow and Steven Shavell are talented and distinguished legal academics who for the past several years have been working jointly on a massive project in normative law and economics. The project's goal is to answer the question: What are the criteria by which legal pol…