In the past decade, behavioral economics has established itself as a contender to the throne of neoclassical economics in the economic analysis of law. The pros and cons of behavioral as compared to neoclassical economics have been vigorously debated at the general, methodology level. But the success or failure of the behavioral challenge will be judged by its ability to improve upon neoclassical economics—both descriptively and prescriptively—in specific legal applications. Consumer contracts provide an important test case for behavioral economics. In this Exchange, we offer the first comprehensive debate between the behavioral and neoclassical perspectives as applied to the law and economics of consumer contracts.
Volume 92 - No. 3
- Note: Address Confidentiality and Real Property Records: Safeguarding Interests in Land While Protecting Battered Women
- The Missing Pieces of Geoengineering Research Governance
- The Moral Psychology of Copyright Infringement
- Of Mice and Men: On the Seclusion of Immigration Detainees and Hospital Patients
- Public Enforcement Compensation and Private Rights
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