Harvard’s Project on the Foundations of Private Law has started an interesting blog entitled New Private Law.* As one of its introductory posts, the blog posted a list of the most cited private law articles in the last 25 years. Scrolling through the list you’ll see that Russell Korobkin (UCLA) has two pieces in the top 50 (too bad they’re not ADR pieces)
- # 35 – Bounded Rationality, Standard Form Contracts, and Unconscionability, 70 U. Chicago L. Rev. 1203 (2003)
- # 41 – Status Quo Bias and Contract Default Rules, 83 Cornell L. Rev. 608 (1998)
Congratulations Russ !!
And here’s a shout out to my ASU colleague and friend Michael Saks whose piece Do We Really Know Anything About the Behavior of the Tort Litigation System – and Why Not, 140 U. Pa. L. Rev. 1147 (1992) clocked in at number 12.
* The Project defines private law as follows:
“Private law” embraces the traditionally common law subjects (property, contracts, and torts), as well as related subjects that are more heavily statutory, such as intellectual property and commercial law. It also includes areas of study that are today less familiar to students and scholars, including unjust enrichment, restitution, equity, and remedies.
Agree with you John, professor Saks works are definitely worth the read. Have you read “Law & Human Behavior and Jurimetrics” journals?
The first of these Korobkin articles is highly relevant to the mandatory arbitration discussion. It discusses psych defeating idea that people meaningfully consent to arbitration in form contracts.
The article by Michael Saks is a wonderful debunking of conventional wisdom about tort litigation. Definitely worth reading, in my view.