The Yale Law Journal

Richard R.W. Brooks


The Banality of Racial Inequality

Richard R.W. Brooks

Reproducing Racism: How Everyday Choices Lock in White Advantage BY DARIA ROITHMAYR NEW YORK: NYU PRESS, 2014, PP. 205. $25.00. author. Charles Keller Beekman Professor of Law at Columbia Law School and Professor (Adjunct) of Law at Yale Law School. I…


Remedies On and Off Contract

Richard R.W. Brooks & Alexander Stremitzer

120 Yale L.J. 690 (2011). 

Liberal allowance of rescission followed by restitution has, for centuries, unsettled legal authorities who fear it as a threat to commercial order or other normative values. Responding to these fears, authorities have limited the ease with which rescission may be elected…


Who Chooses and Who Gets What: Efficient Breach and Efficient Performance Hypotheses

Richard R.W. Brooks

The efficient breach hypothesis is often taken as formal support for the Holmesian optional contract approach, which gives promisors the right to perform or pay. However, the efficient breach hypothesis doesn’t speak directly of rights (and indeed a promisor’s power to perform or pay would work …


What Efficiency Demands: The Efficient Performance Hypothesis Defended

Richard R.W. Brooks

I appreciate the comments and thoughtful engagement by Professors Coleman, Kraus, and Posner on my essay “The Efficient Performance Hypothesis.” A few words of clarification may be helpful with regard to these comments, as well as the original essay. Let me begin with Professor Kraus’s comment…


The Efficient Performance Hypothesis

Richard R.W. Brooks

116 Yale L.J. 568 (2006)

Notable American jurists and scholars have advanced an approach to contract enforcement that would render breach legally and morally uncontestable, assuming compensation follows. Much of the justification for this endeavor has rested upon claims of judicial and economic effic…