What information should courts utilize when assessing contract damages? Should they award damages that were rationally foreseeable at the ex ante stage (ex ante expected damages)? Or should they award damages at the ex post level, incorporating new information revealed after contracting (ex post...

Should there be pain-and-suffering damages in tort law? Most legal economists say no. Some scholars have reached this conclusion through pure theory. Others have done empirical or experimental work to explore the desirability of pain-and-suffering damages, yet they have reached the conclusion...

For many years the conventional wisdom on whether legal rules should be used to redistribute resources in society, or whether instead redistribution should be done exclusively through to the tax-and-transfer system, was considered an empirical question best resolved on a case-by-case basis. More...