Strategic voting — situations where voters place their votes according to their assessment of how other voters will behave rather than according to their actual preference — results in distorted decision-making. Strategic voting can cause the company to lose desired transactions and can also...

This Essay exposes and analyzes a hitherto overlooked cost of the current design of tort law: its adverse effect on innovation. Tort liability for negligence, defective products, and medical malpractice is determined by reference to custom. We demonstrate that courts' reliance on custom and...