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Details about Steven Shavell

Postal address:Harvard Law School 1563 Mass. Ave. Cambridge, MA 02138 USA
Workplace:National Bureau of Economic Research (NBER), (more information at EDIRC)

Access statistics for papers by Steven Shavell.

Last updated 2023-03-10. Update your information in the RePEc Author Service.

Short-id: psh42


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Working Papers

2023

  1. An Alternative to the Basic Causal Requirement for Liability under the Negligence Rule
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads
  2. Continuances and Uncertainty in the Course of Adjudication
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads
  3. On the Law of the Household: The Principles Used by Parents in Disciplining Their Children
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads

2019

  1. Deterrence and the Adjustment of Sentences During Imprisonment
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads
  2. On the Redesign of Accident Liability for the World of Autonomous Vehicles
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (3)

2018

  1. The Rationale for Motions in the Design of Adjudication
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads

2017

  1. Subrogation and the Theory of Insurance When Suits Can Be Brought for Losses Suffered
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads

2014

  1. A General Rationale for a Governmental Role in the Relief of Large Risks
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (4)
  2. A Simple Model of Optimal Deterrence and Incapacitation
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads
  3. Risk Aversion and the Desirability of Attenuated Legal Change
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (4)

2012

  1. A Fundamental Enforcement Cost Advantage of the Negligence Rule over Regulation
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (5)
  2. Costly Litigation and Optimal Damages
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads

2010

  1. Corrective Taxation versus Liability
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (1)
  2. The Corrective Tax versus Liability As Solutions to the Problem of Harmful Externalities
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (2)

2007

  1. Eminent Domain Versus Government Purchase of Land Given Imperpect Information About Owners' Valuation
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (1)
  2. On Optimal Legal Change, Past Behavior, and Grandfathering
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (2)

2006

  1. Mandatory Versus Voluntary Disclosure of Product Risks
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (9)

2005

  1. Contracts, Holdup, and Legal Intervention
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (1)
  2. Liability for Accidents
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (1)
  3. The Theory of Public Enforcement of Law
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (6)

2004

  1. Minimum Asset Requirements and Compulsory Liability Insurance As Solutions to the Judgment-Proof Problem
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (8)
  2. The Appeals Process and Adjudicator Incentives
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (5)

2003

  1. Economic Analysis of Accident Law
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (49)
    Also in NBER Working Papers, National Bureau of Economic Research, Inc (2003) Downloads View citations (3)
  2. Economic Analysis of Contract Law
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (4)
  3. Economic Analysis of Litigation and the Legal Process
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (6)
  4. Economic Analysis of Property Law
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (6)
  5. Economic Analysis of Public Law Enforcement and Criminal Law
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (2)
  6. Economic Analysis of Welfare Economics, Morality and the Law
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (1)
  7. Economic Analysis of the General Structure of the Law
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (2)
  8. Fairness Versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (16)
  9. On the Writing and the Interpretation of Contracts
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (5)

2002

  1. Minimum Asset Requirements
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (5)

2001

  1. Moral Rules and the Moral Sentiments: Toward a Theory of an Optimal Moral System
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (13)

1999

  1. Any Non-Individualistic Social Welfare Function Violates the Pareto Principle
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (1)
  2. Corruption and Optimal Law Enforcement
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (13)
  3. Economic Analysis of Law
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (38)
  4. Reconsidering Contractual Liability and the Incentive to Reveal Information
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (2)
  5. Rewards versus Intellectual Property Rights
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (10)
    See also Journal Article Rewards versus Intellectual Property Rights, Journal of Law and Economics, University of Chicago Press (2001) Downloads View citations (102) (2001)
  6. The Economic Theory of Public Enforcement of Law
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (24)
    See also Journal Article The Economic Theory of Public Enforcement of Law, Journal of Economic Literature, American Economic Association (2000) Downloads View citations (671) (2000)

1997

  1. On the Disutility and Discounting of Imprisonment and the Theory of Deterrence
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (3)
    See also Journal Article On the Disutility and Discounting of Imprisonment and the Theory of Deterrence, The Journal of Legal Studies, University of Chicago Press (1999) Downloads View citations (38) (1999)
  2. On the Superiority of Corrective Taxes to Quantity Regulation
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (14)
    See also Journal Article On the Superiority of Corrective Taxes to Quantity Regulation, American Law and Economics Review, American Law and Economics Association (2002) View citations (58) (2002)

1996

  1. Threats without Binding Commitment
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (5)
    Also in Discussion Papers, Northwestern University, Center for Mathematical Studies in Economics and Management Science (1995) Downloads View citations (1)

1993

  1. Accuracy in the Assessment of Damages
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (35)
    See also Journal Article Accuracy in the Assessment of Damages, Journal of Law and Economics, University of Chicago Press (1996) Downloads View citations (70) (1996)
  2. Should Liability be Based on the Harm to the Victim or the Gain to the Injurer?
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (5)
  3. The Efficiency of the Legal System versus the Income Tax in Redistributing Income
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads

1992

  1. Accuracy in the Determination of Liability
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (34)
    See also Journal Article Accuracy in the Determination of Liability, Journal of Law and Economics, University of Chicago Press (1994) Downloads View citations (87) (1994)
  2. Optimal Cleanup and Liability After Environmentally Harmful Discharges
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (4)
  3. Suit Versus Settlement When Parties Seek Nonmonetary Judgements
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads
    See also Journal Article Suit versus Settlement when Parties Seek Nonmonetary Judgments, The Journal of Legal Studies, University of Chicago Press (1993) Downloads View citations (8) (1993)

1991

  1. Information and the Scope of Liability for Breach of Contract: The Rule of Hadley V. Baxendale
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (38)
    See also Journal Article Information and the Scope of Liability for Breach of Contract: The Rule of Hadley vs. Baxendale, The Journal of Law, Economics, and Organization, Oxford University Press (1991) View citations (34) (1991)
  2. Optimal Law Enforcement with Self-Reporting of Behavior
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (86)
    See also Journal Article Optimal Law Enforcement with Self-Reporting of Behavior, Journal of Political Economy, University of Chicago Press (1994) Downloads View citations (206) (1994)
  3. Private Versus Socially Optimal Provision of Ex Ante Legal Advice
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (6)
    See also Journal Article Private versus Socially Optimal Provision of Ex Ante Legal Advice, The Journal of Law, Economics, and Organization, Oxford University Press (1992) View citations (18) (1992)

1990

  1. A Note on Optimal Fines When Wealth Varies Among Individuals
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (35)
    See also Journal Article A Note on Optimal Fines When Wealth Varies among Individuals, American Economic Review, American Economic Association (1991) Downloads View citations (58) (1991)
  2. Enforcement Costs and the Optimal Magnitude and Probability of Fines
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (3)
    See also Journal Article Enforcement Costs and the Optimal Magnitude and Probability of Fines, Journal of Law and Economics, University of Chicago Press (1992) Downloads View citations (90) (1992)
  3. Individual Precautions to Prevent Theft: Private Versus Socially OptimalBehavior
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (5)

1989

  1. A Note on Optimal Deterrence When Individuals Choose Among Harmful Acts
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (1)
  2. Legal Advice about Acts Already Commited
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (1)
  3. Specific Versus General Enforcement of Law
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (2)
    See also Journal Article Specific versus General Enforcement of Law, Journal of Political Economy, University of Chicago Press (1991) Downloads View citations (60) (1991)

1983

  1. A Model of the Socially Optimal Use of Liability and Regulation
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads
  2. Liability for Harm Versus Regulation of Safety
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (18)
  3. Uncertainty Over Causation and the Determination of Civil Liability
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads
    See also Journal Article Uncertainty over Causation and the Determination of Civil Liability, Journal of Law and Economics, University of Chicago Press (1985) Downloads View citations (51) (1985)

1982

  1. The Optimal Use of Fines and Imprisonment
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (14)
  2. Torts in Which Victim and Injurer Act Sequentially
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (1)

1981

  1. On the Design of Contracts and Remedies for Breach
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads
  2. Pigouvian Taxation with Administrative Costs
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (2)
  3. Suit and Settlement vs. Trial: A Theoretical Analysis under Alternative Methods for the Allocation of Legal Costs
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (9)
  4. The Social versus the Private Incentive to Bring Suit in a Costly Legal System
    NBER Working Papers, National Bureau of Economic Research, Inc Downloads View citations (3)

1978

  1. The Optimal Payment of Unemployment Insurance Benefits over Time
    Cowles Foundation Discussion Papers, Cowles Foundation for Research in Economics, Yale University Downloads View citations (46)
    See also Journal Article The Optimal Payment of Unemployment Insurance Benefits over Time, Journal of Political Economy, University of Chicago Press (1979) Downloads View citations (337) (1979)

Journal Articles

2002

  1. Law versus Morality as Regulators of Conduct
    American Law and Economics Review, 2002, 4, (2), 227-257 View citations (52)
  2. On the Superiority of Corrective Taxes to Quantity Regulation
    American Law and Economics Review, 2002, 4, (1), 1-17 View citations (58)
    See also Working Paper On the Superiority of Corrective Taxes to Quantity Regulation, NBER Working Papers (1997) Downloads View citations (14) (1997)

2001

  1. Any Non-welfarist Method of Policy Assessment Violates the Pareto Principle
    Journal of Political Economy, 2001, 109, (2), 281-286 Downloads View citations (114)
  2. Rewards versus Intellectual Property Rights
    Journal of Law and Economics, 2001, 44, (2), 525-47 Downloads View citations (102)
    See also Working Paper Rewards versus Intellectual Property Rights, NBER Working Papers (1999) Downloads View citations (10) (1999)

2000

  1. Should Legal Rules Favor the Poor? Clarifying the Role of Legal Rules and the Income Tax in Redistributing Income
    The Journal of Legal Studies, 2000, 29, (2), 821-35 Downloads View citations (15)
  2. The Economic Theory of Public Enforcement of Law
    Journal of Economic Literature, 2000, 38, (1), 45-76 Downloads View citations (671)
    See also Working Paper The Economic Theory of Public Enforcement of Law, NBER Working Papers (1999) Downloads View citations (24) (1999)

1999

  1. On the Disutility and Discounting of Imprisonment and the Theory of Deterrence
    The Journal of Legal Studies, 1999, 28, (1), 1-16 Downloads View citations (38)
    See also Working Paper On the Disutility and Discounting of Imprisonment and the Theory of Deterrence, NBER Working Papers (1997) Downloads View citations (3) (1997)
  2. The Conflict between Notions of Fairness and the Pareto Principle
    American Law and Economics Review, 1999, 1, (1-2), 63-77 View citations (11)

1997

  1. The Fundamental Divergence between the Private and the Social Motive to Use the Legal System
    The Journal of Legal Studies, 1997, 26, (2), 575-612 Downloads View citations (67)

1996

  1. Accuracy in the Assessment of Damages
    Journal of Law and Economics, 1996, 39, (1), 191-210 Downloads View citations (70)
    See also Working Paper Accuracy in the Assessment of Damages, NBER Working Papers (1993) Downloads View citations (35) (1993)
  2. Any Frequency of Plaintiff Victory at Trial Is Possible
    The Journal of Legal Studies, 1996, 25, (2), 493-501 Downloads View citations (40)

1995

  1. Alternative Dispute Resolution: An Economic Analysis
    The Journal of Legal Studies, 1995, 24, (1), 1-28 Downloads View citations (45)
  2. The Appeals Process as a Means of Error Correction
    The Journal of Legal Studies, 1995, 24, (2), 379-426 Downloads View citations (77)

1994

  1. Accuracy in the Determination of Liability
    Journal of Law and Economics, 1994, 37, (1), 1-15 Downloads View citations (87)
    See also Working Paper Accuracy in the Determination of Liability, NBER Working Papers (1992) Downloads View citations (34) (1992)
  2. Acquisition and Disclosure of Information Prior to Sale
    RAND Journal of Economics, 1994, 25, (1), 20-36 Downloads View citations (161)
  3. Optimal Law Enforcement with Self-Reporting of Behavior
    Journal of Political Economy, 1994, 102, (3), 583-606 Downloads View citations (206)
    See also Working Paper Optimal Law Enforcement with Self-Reporting of Behavior, NBER Working Papers (1991) Downloads View citations (86) (1991)
  4. Why the Legal System Is Less Efficient Than the Income Tax in Redistributing Income
    The Journal of Legal Studies, 1994, 23, (2), 667-81 Downloads View citations (62)

1993

  1. Suit versus Settlement when Parties Seek Nonmonetary Judgments
    The Journal of Legal Studies, 1993, 22, (1), 1-13 Downloads View citations (8)
    See also Working Paper Suit Versus Settlement When Parties Seek Nonmonetary Judgements, NBER Working Papers (1992) Downloads (1992)
  2. The Optimal Structure of Law Enforcement
    Journal of Law and Economics, 1993, 36, (1), 255-87 Downloads View citations (87)

1992

  1. Enforcement Costs and the Optimal Magnitude and Probability of Fines
    Journal of Law and Economics, 1992, 35, (1), 133-48 Downloads View citations (90)
    See also Working Paper Enforcement Costs and the Optimal Magnitude and Probability of Fines, NBER Working Papers (1990) Downloads View citations (3) (1990)
  2. Liability and the Incentive to Obtain Information about Risk
    The Journal of Legal Studies, 1992, 21, (2), 259-70 Downloads View citations (36)
  3. Private versus Socially Optimal Provision of Ex Ante Legal Advice
    The Journal of Law, Economics, and Organization, 1992, 8, (2), 306-20 View citations (18)
    See also Working Paper Private Versus Socially Optimal Provision of Ex Ante Legal Advice, NBER Working Papers (1991) Downloads View citations (6) (1991)

1991

  1. A Note on Optimal Fines When Wealth Varies among Individuals
    American Economic Review, 1991, 81, (3), 618-21 Downloads View citations (58)
    See also Working Paper A Note on Optimal Fines When Wealth Varies Among Individuals, NBER Working Papers (1990) Downloads View citations (35) (1990)
  2. An Economic Analysis of Altruism and Deferred Gifts
    The Journal of Legal Studies, 1991, 20, (2), 401-21 Downloads View citations (1)
  3. Information and the Scope of Liability for Breach of Contract: The Rule of Hadley vs. Baxendale
    The Journal of Law, Economics, and Organization, 1991, 7, (2), 284-312 View citations (34)
    See also Working Paper Information and the Scope of Liability for Breach of Contract: The Rule of Hadley V. Baxendale, NBER Working Papers (1991) Downloads View citations (38) (1991)
  4. Specific versus General Enforcement of Law
    Journal of Political Economy, 1991, 99, (5), 1088-1108 Downloads View citations (60)
    See also Working Paper Specific Versus General Enforcement of Law, NBER Working Papers (1989) Downloads View citations (2) (1989)

1990

  1. Deterrence and the Punishment of Attempts
    The Journal of Legal Studies, 1990, 19, (2), 435-66 Downloads View citations (13)

1989

  1. Legal Error, Litigation, and the Incentive to Obey the Law
    The Journal of Law, Economics, and Organization, 1989, 5, (1), 99-108 View citations (73)
  2. Sharing of Information Prior to Settlement or Litigation
    RAND Journal of Economics, 1989, 20, (2), 183-195 Downloads View citations (62)

1988

  1. Legal Advice about Contemplated Acts: The Decision to Obtain Advice, Its Social Desirability, and Protection of Confidentiality
    The Journal of Legal Studies, 1988, 17, (1), 123-50 Downloads View citations (11)

1987

  1. A Model of Optimal Incapacitation
    American Economic Review, 1987, 77, (2), 107-10 View citations (34)
  2. The Optimal Use of Nonmonetary Sanctions as a Deterrent
    American Economic Review, 1987, 77, (4), 584-92 Downloads View citations (70)

1985

  1. Uncertainty over Causation and the Determination of Civil Liability
    Journal of Law and Economics, 1985, 28, (3), 587-609 Downloads View citations (51)
    See also Working Paper Uncertainty Over Causation and the Determination of Civil Liability, NBER Working Papers (1983) Downloads (1983)

1984

  1. A Model of the Optimal Use of Liability and Safety Regulation
    RAND Journal of Economics, 1984, 15, (2), 271-280 Downloads View citations (192)

1982

  1. On Liability and Insurance
    Bell Journal of Economics, 1982, 13, (1), 120-132 Downloads View citations (83)

1981

  1. A Note on Efficiency vs. Distributional Equity in Legal Rulemaking: Should Distributional Equity Matter Given Optimal Income Taxation?
    American Economic Review, 1981, 71, (2), 414-18 Downloads View citations (31)

1980

  1. Damage Measures for Breach of Contract
    Bell Journal of Economics, 1980, 11, (2), 466-490 Downloads View citations (113)

1979

  1. Risk Sharing and Incentives in the Principal and Agent Relationship
    Bell Journal of Economics, 1979, 10, (1), 55-73 Downloads View citations (336)
  2. The Optimal Payment of Unemployment Insurance Benefits over Time
    Journal of Political Economy, 1979, 87, (6), 1347-62 Downloads View citations (337)
    See also Working Paper The Optimal Payment of Unemployment Insurance Benefits over Time, Cowles Foundation Discussion Papers (1978) Downloads View citations (46) (1978)
  3. The Optimal Tradeoff between the Probability and Magnitude of Fines
    American Economic Review, 1979, 69, (5), 880-91 Downloads View citations (225)

1978

  1. Do Managers Use Their Information Efficiently?
    American Economic Review, 1978, 68, (5), 935-37 Downloads

1976

  1. Sharing Risks of Deferred Payment
    Journal of Political Economy, 1976, 84, (1), 161-68 Downloads View citations (12)

1975

  1. The Air Pollution and Property Value Debate
    The Review of Economics and Statistics, 1975, 57, (1), 100-104 Downloads View citations (10)
 
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