Details about Steven M. Shavell

E-mail:
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 M. Shavell.

Last updated 2024-12-06. 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
2. Continuances and Uncertainty in the Course of Adjudication
   NBER Working Papers, National Bureau of Economic Research, Inc
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

2019

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

2018

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

2017

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

2014

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

2012

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

2010

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

2007

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

2006

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

2005

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

2004

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

2003

23. Economic Analysis of Accident Law
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (3)
    Also in NBER Working Papers, National Bureau of Economic Research, Inc (2003) View citations (49)
24. Economic Analysis of Contract Law
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (4)
25. Economic Analysis of Litigation and the Legal Process
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (6)
26. Economic Analysis of Property Law
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (6)
27. Economic Analysis of Public Law Enforcement and Criminal Law
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (2)
28. Economic Analysis of Welfare Economics, Morality and the Law
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (1)
29. Economic Analysis of the General Structure of the Law
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (2)
30. Fairness Versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (17)
31. On the Writing and the Interpretation of Contracts
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (5)

2002

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

2001

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

1999

34. Any Non-Individualistic Social Welfare Function Violates the Pareto Principle
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (1)
35. Corruption and Optimal Law Enforcement
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (13)
36. Economic Analysis of Law
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (38)
37. Reconsidering Contractual Liability and the Incentive to Reveal Information
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (2)
38. Rewards versus Intellectual Property Rights
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (10)
    See also Journal Article Rewards versus Intellectual Property Rights, Journal of Law and Economics, University of Chicago Press (2001) View citations (105) (2001)
39. The Economic Theory of Public Enforcement of Law
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (24)
    See also Journal Article The Economic Theory of Public Enforcement of Law, Journal of Economic Literature, American Economic Association (2000) View citations (679) (2000)

1997

40. On the Disutility and Discounting of Imprisonment and the Theory of Deterrence
    NBER Working Papers, National Bureau of Economic Research, Inc 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) View citations (40) (1999)
41. On the Superiority of Corrective Taxes to Quantity Regulation
    NBER Working Papers, National Bureau of Economic Research, Inc 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

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

1993

43. Accuracy in the Assessment of Damages
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (35)
    See also Journal Article Accuracy in the Assessment of Damages, Journal of Law and Economics, University of Chicago Press (1996) View citations (71) (1996)
44. 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 View citations (5)
45. The Efficiency of the Legal System versus the Income Tax in Redistributing Income
    NBER Working Papers, National Bureau of Economic Research, Inc

1992

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

1991

49. 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 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)
50. Optimal Law Enforcement with Self-Reporting of Behavior
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (86)
    See also Journal Article Optimal Law Enforcement with Self-Reporting of Behavior, Journal of Political Economy, University of Chicago Press (1994) View citations (209) (1994)
51. Private Versus Socially Optimal Provision of Ex Ante Legal Advice
    NBER Working Papers, National Bureau of Economic Research, Inc 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

52. A Note on Optimal Fines When Wealth Varies Among Individuals
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (35)
    See also Journal Article A Note on Optimal Fines When Wealth Varies among Individuals, American Economic Review, American Economic Association (1991) View citations (59) (1991)
53. Enforcement Costs and the Optimal Magnitude and Probability of Fines
    NBER Working Papers, National Bureau of Economic Research, Inc 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) View citations (90) (1992)
54. Individual Precautions to Prevent Theft: Private Versus Socially OptimalBehavior
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (5)

1989

55. A Note on Optimal Deterrence When Individuals Choose Among Harmful Acts
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (1)
56. Legal Advice about Acts Already Commited
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (1)
57. Specific Versus General Enforcement of Law
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (2)
    See also Journal Article Specific versus General Enforcement of Law, Journal of Political Economy, University of Chicago Press (1991) View citations (62) (1991)

1983

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

1982

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

1981

63. On the Design of Contracts and Remedies for Breach
    NBER Working Papers, National Bureau of Economic Research, Inc
64. Pigouvian Taxation with Administrative Costs
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (2)
65. 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 View citations (9)
66. The Social versus the Private Incentive to Bring Suit in a Costly Legal System
    NBER Working Papers, National Bureau of Economic Research, Inc View citations (3)

1978

67. The Optimal Payment of Unemployment Insurance Benefits over Time
    Cowles Foundation Discussion Papers, Cowles Foundation for Research in Economics, Yale University 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) View citations (338) (1979)

Journal Articles

2002

1. Law versus Morality as Regulators of Conduct
   American Law and Economics Review, 2002, 4, (2), 227-257 View citations (54)
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) View citations (14) (1997)

2001

3. Any Non-welfarist Method of Policy Assessment Violates the Pareto Principle
   Journal of Political Economy, 2001, 109, (2), 281-286 View citations (118)
4. Rewards versus Intellectual Property Rights
   Journal of Law and Economics, 2001, 44, (2), 525-47 View citations (105)
   See also Working Paper Rewards versus Intellectual Property Rights, NBER Working Papers (1999) View citations (10) (1999)

2000

5. 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 View citations (15)
6. The Economic Theory of Public Enforcement of Law
   Journal of Economic Literature, 2000, 38, (1), 45-76 View citations (679)
   See also Working Paper The Economic Theory of Public Enforcement of Law, NBER Working Papers (1999) View citations (24) (1999)

1999

7. On the Disutility and Discounting of Imprisonment and the Theory of Deterrence
   The Journal of Legal Studies, 1999, 28, (1), 1-16 View citations (40)
   See also Working Paper On the Disutility and Discounting of Imprisonment and the Theory of Deterrence, NBER Working Papers (1997) View citations (3) (1997)
8. 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

9. 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 View citations (67)

1996

10. Accuracy in the Assessment of Damages
    Journal of Law and Economics, 1996, 39, (1), 191-210 View citations (71)
    See also Working Paper Accuracy in the Assessment of Damages, NBER Working Papers (1993) View citations (35) (1993)
11. Any Frequency of Plaintiff Victory at Trial Is Possible
    The Journal of Legal Studies, 1996, 25, (2), 493-501 View citations (40)

1995

12. Alternative Dispute Resolution: An Economic Analysis
    The Journal of Legal Studies, 1995, 24, (1), 1-28 View citations (47)
13. The Appeals Process as a Means of Error Correction
    The Journal of Legal Studies, 1995, 24, (2), 379-426 View citations (77)

1994

14. Accuracy in the Determination of Liability
    Journal of Law and Economics, 1994, 37, (1), 1-15 View citations (87)
    See also Working Paper Accuracy in the Determination of Liability, NBER Working Papers (1992) View citations (34) (1992)
15. Acquisition and Disclosure of Information Prior to Sale
    RAND Journal of Economics, 1994, 25, (1), 20-36 View citations (165)
16. Optimal Law Enforcement with Self-Reporting of Behavior
    Journal of Political Economy, 1994, 102, (3), 583-606 View citations (209)
    See also Working Paper Optimal Law Enforcement with Self-Reporting of Behavior, NBER Working Papers (1991) View citations (86) (1991)
17. Why the Legal System Is Less Efficient Than the Income Tax in Redistributing Income
    The Journal of Legal Studies, 1994, 23, (2), 667-81 View citations (64)

1993

18. Suit versus Settlement when Parties Seek Nonmonetary Judgments
    The Journal of Legal Studies, 1993, 22, (1), 1-13 View citations (8)
    See also Working Paper Suit Versus Settlement When Parties Seek Nonmonetary Judgements, NBER Working Papers (1992) (1992)
19. The Optimal Structure of Law Enforcement
    Journal of Law and Economics, 1993, 36, (1), 255-87 View citations (88)

1992

20. Enforcement Costs and the Optimal Magnitude and Probability of Fines
    Journal of Law and Economics, 1992, 35, (1), 133-48 View citations (90)
    See also Working Paper Enforcement Costs and the Optimal Magnitude and Probability of Fines, NBER Working Papers (1990) View citations (3) (1990)
21. Liability and the Incentive to Obtain Information about Risk
    The Journal of Legal Studies, 1992, 21, (2), 259-70 View citations (36)
22. 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) View citations (6) (1991)

1991

23. A Note on Optimal Fines When Wealth Varies among Individuals
    American Economic Review, 1991, 81, (3), 618-21 View citations (59)
    See also Working Paper A Note on Optimal Fines When Wealth Varies Among Individuals, NBER Working Papers (1990) View citations (35) (1990)
24. An Economic Analysis of Altruism and Deferred Gifts
    The Journal of Legal Studies, 1991, 20, (2), 401-21 View citations (1)
25. 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) View citations (38) (1991)
26. Specific versus General Enforcement of Law
    Journal of Political Economy, 1991, 99, (5), 1088-1108 View citations (62)
    See also Working Paper Specific Versus General Enforcement of Law, NBER Working Papers (1989) View citations (2) (1989)

1990

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

1989

28. 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)
29. Sharing of Information Prior to Settlement or Litigation
    RAND Journal of Economics, 1989, 20, (2), 183-195 View citations (62)

1988

30. 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 View citations (11)

1987

31. A Model of Optimal Incapacitation
    American Economic Review, 1987, 77, (2), 107-10 View citations (36)
32. The Optimal Use of Nonmonetary Sanctions as a Deterrent
    American Economic Review, 1987, 77, (4), 584-92 View citations (70)

1985

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

1984

34. A Model of the Optimal Use of Liability and Safety Regulation
    RAND Journal of Economics, 1984, 15, (2), 271-280 View citations (195)

1982

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

1981

36. 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 View citations (32)

1980

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

1979

38. Risk Sharing and Incentives in the Principal and Agent Relationship
    Bell Journal of Economics, 1979, 10, (1), 55-73 View citations (349)
39. The Optimal Payment of Unemployment Insurance Benefits over Time
    Journal of Political Economy, 1979, 87, (6), 1347-62 View citations (338)
    See also Working Paper The Optimal Payment of Unemployment Insurance Benefits over Time, Cowles Foundation Discussion Papers (1978) View citations (46) (1978)
40. The Optimal Tradeoff between the Probability and Magnitude of Fines
    American Economic Review, 1979, 69, (5), 880-91 View citations (225)

1978

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

1976

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

1975

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