This chapter considers the psychological, methodological, and normative paths taken by behavioral law and economics ("BLE") and alternative paths that BLE might have taken, and might still take. The counterfactual BLE imagined here stresses the B in BLE, with behavioral approaches to legal...

Behavioral law and economics scholars who advance paternalistic policy proposals typically employ static models of decision-making behavior, despite the dynamic effects of paternalistic policies. In this article, we consider how paternalistic policies fare under a dynamic account of...