From public lands to beaches and to data, our society is rich with resources purposefully kept in the public domain. Common resources provide profound economic, social, and democratic value to individuals, communities, and society as a whole. These, however, depend on the public’s ability to...

This Article explores the normative foundations of the rules governing mutual mistake, impossibility, impracticability, and frustration and studies their doctrinal implications. These familiar doctrines, which make contracts voidable or excusable whenever they are grounded on a shared basic...

In “The Choice Theory of Contracts” Hanoch Dagan and Michael Heller argue for personal autonomy as contracts' ultimate value. Like similar attempts to base contracts on self-determination, Dagan and Heller focus their attention on the existence of meaningful alternatives for individuals to...

In their celebrated paper, Calabresi & Melamed offered a framework that explains when and why entitlements should be protected using different sets of rules, often referred to as the ''Cathedral'' analysis. These included two main rules – property rules and liability rules. This framework is...

Be it driving a car, fixing your toaster or investing in complex derivatives, we have all grown accustomed to risk playing an integral part in our society. Nowhere is the idea of constant exposure to risk more clear than in the law of negligence. Indeed negligence in general and the standard of...