Articles and Essays

Most of my work is available on SSRN; or by request here.

Published and Forthcoming Work

The Readability of Contracts: Big Data Analysis, Journal of Empirical Legal Studies (forthcoming, 2025)

Generative Interpretation 99 New York University Law Review 100 (Forthcoming, 2024) (with David Hoffman)
– “A profoundly important article. . . . When I say, “Must Read,” I mean that literally. Every legal scholar should read this–even if you have no interest in contract interpretation. Highly recommended. Download it while it is incandescent!” – Lawrence Solum, Legal Theory Blog
– Selected for review in JOTWELL: THE JOURNAL OF THINGS WE LIKE (LOTS), 2023
– Cited in Snell v. United Specialty Insurance Company, No. 22-12581 (11th Cir. 2024)

Judicial Economy in the Age of AI, invited essay, Colorado Law Review (Forthcoming, 2024)

The False Choice in the Debate Over Artificial Intelligence Regulation, Lawfare (2024) (With Matthew Tokson and Albert Lin)

Open Questions in Law and AI Safety: An Emerging Research Agenda, Lawfare (2024) (multiple authors)

Systemic Regulation of Artificial Intelligence, Arizona State Law Journal (Forthcoming, 2024) (With Matthew Tokson and Albert Lin)

On the Scales of Private Law: Nano Contracts, Harvard Journal of Law & Technology (Forthcoming, 2024)
– Selected for Stanford / Penn / Northwestern Law & Stem (2022)

A Status Theory of Defamation Law, UC Irvine Law Review (Forthcoming, 2024)
– Selected for Yale Freedom of Expression Forum

The Credibility Effect: Defamation Law and Audiences, 52 Journal of Legal Studies 417 (2023)
– Selected for Yale Freedom of Expression Conference, ALEA 2022, CLEA 2022, CELS 2022

Truth Bounties: A Market Solution to Fake News, North Carolina Law Review (with Mike Gilbert), (Forthcoming, 2024)
– Selected for ALEA 2022

Time and Contract Interpretation: Lessons from Machine Learning, in Research Handbook on Law and Time (forthcoming 2024, Cambridge University Press 2024, Frank Fagan & Saul Levmore Eds.)

How Smart are Smart Readers? (with Samuel Becher) in Cambridge Handbook on Emerging Issues at the Intersection of Commercial Law and Technology (Kim & Stacey-Elvy eds. Forthcoming 2024)

Defamation Law & Bayesian Audiences, 52 Journal of Legal Studies 445 (2023) (With Murat Mungan)

Contracts in the Age of Smart Readers, Geo. Wash. L. Rev. (2021) (With Samuel Becher)
– Selected for review in JOTWELL: THE JOURNAL OF THINGS WE LIKE (LOTS), 2022
– Featured essay: The Regulatory Review

ALL-CAPS, 17 Journal of Empirical Legal Studies 862 (2020) (With Andrew Toler)
– Reviewed in Nancy Kim, Hidden in Plain Sight and In All-Caps, JOTWELL: THE JOURNAL OF THINGS WE LIKE (LOTS), 2020, ContractsProf Blog, Psych News

Payday, 98 Washington University Law Review 1 (2020)
– Winner of the American College of Consumer Financial Services’ Annual Writing Competition 2021
– Reviewed in Tom C.W. Lin, A New Payday(s), JOTWELL: THE JOURNAL OF THINGS WE LIKE (LOTS), 2020
– Featured: Business Law Podcast

Slicing Defamation by Contract, Chicago Law Review Online (2020)

Theory of the Nudnik: The Future of Consumer Activism and What We Can Do to Stop It, 73 Vanderbilt Law Review, 929 (2020) (with Roy Shapira)
– Selected for the Stanford Junior Forum for Law & STEM
– Featured: Marginal Revolution; Marker; Ipse Dixit Podcast

The Case Against Expanding Defamation Laws, 71 Alabama Law Review 453 (2019) (with Murat Mungan)
– Selected for the Stanford/Yale/Harvard Junior Faculty Forum

Reputation Failure: Market Discipline and its Limits, 54 Wake Forest Law Review 1239 (2019)

Consumer Activism: From the Informed Minority to the Crusading Minority, DePaul Law Review (Forthcoming, 2019) (Invited symposium contribution, Rising Stars in Legal Academia) (with Roy Shapira)

Book Review: Reconsidering Civil Justice, 37 Civil Justice Quarterly 509, 2018 (Invited)

Adminization: Gatekeeping Consumer Contracts, 71 Vanderbilt Law Review 121 (2018)
– Selected for the Stanford/Yale/Harvard Junior Faculty Forum

Tort Reform through the Backdoor: A Critique of Law and Apologies, 90 Southern California Law Review 1199 (2017) (with Yotam Kaplan)

Shielding of Assets and Lending Contracts, 48 International Review of Law & Economics 26 (2016) (peer reviewed)

Contract Remedies in Action: Specific Performance, 118 West Virginia Law Review 100 (2015)
– Reviewed in Caprice Roberts, Studying Specific Performance, JOTWELL: THE JOURNAL OF THINGS WE LIKE (LOTS), 2017