The basic rule in civil litigation is that the plaintiff carries the burden of proof and the general standard of proof is preponderance of the evidence. The plaintiff prevails if she establishes her case with a probability exceeding 0.5. Drawing on insights from behavioral economics and new...

This is a review of three new books on U.S. contract law and theory: Brian H. Bix, Contract Law: Rules, Theory, and Context (Cambridge 2012); Douglas G. Baird, Reconstructing Contracts (Harvard 2013); and Melvin A. Eisenberg, Foundational Principles of Contract Law (Oxford, forthcoming 2014)....