Shawn Bayern

Florida State University - College of Law

Larry and Joyce Beltz Professor of Torts

425 W. Jefferson Street

Tallahassee, FL 32306

United States

SCHOLARLY PAPERS

22

DOWNLOADS
Rank 4,415

SSRN RANKINGS

Top 4,415

in Total Papers Downloads

7,467

CITATIONS

1

Scholarly Papers (22)

1.

Micro-Symposium on Orin Kerr's 'A Theory of Law'

Green Bag 2d, Vol. 16, No. 2, 2013, pp. 213-226, Journal of Law: A Periodical Laboratory of Legal Scholarship, Vol. 2, No. 3, 2012, pp. 487-502, George Mason Law & Economics Research Paper No. 13-05, San Diego Legal Studies Paper No. 13-105
Number of pages: 31 Posted: 18 Jan 2013 Last Revised: 22 Sep 2013
Willamette University College of Law, Florida State University - College of Law, Yale University - Law School, Case Western Reserve University School of Law, Saint Louis University - School of Law, George Mason University - Antonin Scalia Law School, Faculty, University of Chicago - Law School, University of Iowa - College of Law, Washington University in St. Louis, Duke University, Pillsbury Winthrop Shaw Pittman LLP, Florida State University - College of Law, The George Washington University Law School, McGill University - Department of Political Science, Suffolk University Law School, University of San Diego School of Law, International Center for Law & Economics (ICLE), Marquette University - Law School, Independent, Notre Dame Law School, University of New Hampshire School of Law, Criminal Justice Legal Foundation, Berger & Montague, P .C. and Saint Louis University - School of Law
Downloads 1,253 (10,113)

Abstract:

apps, authority, Case Western Reserve, cheap talk, citation, dialectic, doctrinal, editing, empirics, equilibrium, falsity, Felix Frankfurter, Folk Theorem, footnotes, fraud, Harvard, Lexis, narcissism, peer review, practice, recursion, second-best, solipsism, truth, Westlaw

2.

Offer and Acceptance in Modern Contract Law: A Needless Concept

California Law Review, Vol. 103 (Forthcoming), FSU College of Law, Public Law Research Paper No. 625
Number of pages: 40 Posted: 22 Feb 2013 Last Revised: 22 Feb 2014
Shawn Bayern
Florida State University - College of Law
Downloads 664 (16,445)

Abstract:

contracts, contract law, offer, acceptance, formation, offer and acceptance, conceptualism, formalism

3.

The Limits of Formal Economics in Tort Law: The Puzzle of Negligence

Brooklyn Law Review, Vol. 75, p. 707, 2010, FSU College of Law, Public Law Research Paper No. 346, FSU College of Law, Law, Business & Economics Paper No. 09-05
Number of pages: 46 Posted: 26 Feb 2009 Last Revised: 25 Feb 2013
Shawn Bayern
Florida State University - College of Law
Downloads 646 (23,837)

Abstract:

tort, negligence, law and economics, injurer, victim, bilateral precaution, activity levels

4.

Rational Ignorance, Rational Closed-Mindedness, and Modern Economic Formalism in Contract Law

California Law Review, Vol. 97, p. 943, 2009, FSU College of Law, Public Law Research Paper No. 345, FSU College of Law, Law, Business & Economics Paper No. 09-04
Number of pages: 37 Posted: 25 Feb 2009 Last Revised: 03 Nov 2009
Shawn Bayern
Florida State University - College of Law
Downloads 464 (37,040)
Citation 1

Abstract:

contracts, interpretation, formalism, rational ignorance, law and economics

5.

Of Bitcoins, Independently Wealthy Software, and the Zero-Member LLC

108 Nw. U.L. Rev. 1485 (2014); 108 Nw. U. L. Rev. Online 257 (2014), FSU College of Law, Public Law Research Paper No. 675
Number of pages: 14 Posted: 11 Dec 2013 Last Revised: 04 Apr 2016
Shawn Bayern
Florida State University - College of Law
Downloads 326 (49,941)

Abstract:

bitcoin, llc, autonomous, software, cryptography, limited liability company, organization, legal personality, cryptocurrency

6.

Case Interpretation

Florida State University Law Review, Vol. 36, p. 125, 2009, FSU College of Law, Public Law Research Paper No. 347, FSU College of Law, Law, Business & Economics Paper No. 09-06
Number of pages: 51 Posted: 25 Feb 2009 Last Revised: 22 Jun 2009
Shawn Bayern
Florida State University - College of Law
Downloads 304 (62,221)

Abstract:

interpretation, precedent, facts, holdings, dicta

7.

Against Certainty

41 Hofstra Law Review 53 (2012), FSU College of Law, Public Law Research Paper No. 624
Number of pages: 38 Posted: 01 Feb 2013 Last Revised: 06 May 2014
Shawn Bayern
Florida State University - College of Law
Downloads 213 (75,699)

Abstract:

certainty, formalism, predictability, precedent, reliance, uncertainty, legal theory, common law

8.

False Efficiency and Missed Opportunities in Law and Economics

86 Tulane Law Review 135 (2011)., FSU College of Law, Public Law Research Paper No. 611
Number of pages: 46 Posted: 30 Aug 2011 Last Revised: 25 Feb 2013
Shawn Bayern
Florida State University - College of Law
Downloads 185 (84,195)

Abstract:

law, economics, law and economics, alternatives, opportunity costs, negligence, unconscionability

9.

Morality and Expectations

FSU College of Law, Public Law Research Paper No. 349, FSU College of Law, Law, Business & Economics Paper No. 09-08
Number of pages: 22 Posted: 06 Sep 2010 Last Revised: 10 Sep 2010
Shawn Bayern
Florida State University - College of Law
Downloads 179 (129,365)

Abstract:

tort, negligence, morality, expectations, reasonableness, Scanlon, contractualism

10.

The Significance of Private Burdens and Lost Benefits for a Fair-Play Analysis of Punishment

New Criminal Law Review, Vol. 12, p. 1, 2009, FSU College of Law, Public Law Research Paper No. 348
Number of pages: 42 Posted: 25 Feb 2009 Last Revised: 09 Jun 2009
Shawn Bayern
Florida State University - College of Law
Downloads 177 (128,713)

Abstract:

fair play, criminal theory, punishment, benefits, burdens, time

11.

Explaining the American Norm against Litigation

California Law Review, Vol. 93, p. 1697, 2005, FSU College of Law, Public Law Research Paper No. 350, FSU College of Law, Law, Business & Economics Paper No. 09-09
Number of pages: 23 Posted: 26 Feb 2009 Last Revised: 22 Jun 2009
Shawn Bayern
Florida State University - College of Law
Downloads 143 (155,027)

Abstract:

law and social norms, litigation, justice, efficiency, mercy, courts

12.

The Expectation Measure and Its Discontents

2013 Michigan State Law Review 1, FSU College of Law, Public Law Research Paper No. 680, FSU College of Law, Law, Business & Economics Paper
Number of pages: 37 Posted: 21 Mar 2014
Shawn Bayern and Melvin A. Eisenberg
Florida State University - College of Law and University of California, Berkeley - School of Law
Downloads 133 (107,738)

Abstract:

contracts, contract law, remedies, expectation damages, efficiency, indifference principle, administrability

13.

The Limits of Bargaining Power as an Interpretive Aid

FSU College of Law, Public Law Research Paper No. 381, FSU College of Law, Law, Business & Economics Paper No. 09-21
Number of pages: 6 Posted: 07 Jul 2009 Last Revised: 28 Aug 2009
Shawn Bayern
Florida State University - College of Law
Downloads 116 (181,295)

Abstract:

contracts, interpretation, gaps, bargaining power

14.

Dynamic Common Law and Technological Change: The Classification of Bitcoin

71 Wash. & Lee L. Rev. Online 22 (2014), FSU College of Law, Public Law Research Paper No. 728
Number of pages: 14 Posted: 25 Jan 2015
Shawn Bayern
Florida State University - College of Law
Downloads 90 (86,497)

Abstract:

bitcoin, common law, private law theory, formalism

15.

A Formal System for Analyzing Conveyances of Property Under the Common Law

FRONTIERS IN ARTIFICIAL INTELLIGENCE AND APPLICATIONS: LEGAL KNOWLEDGE AND INFORMATION SYSTEMS, R.G.F. Winkels, ed., 2010, FSU College of Law, Public Law Research Paper
Number of pages: 4 Posted: 30 Aug 2011 Last Revised: 25 Feb 2013
Shawn Bayern
Florida State University - College of Law
Downloads 83 (220,260)

Abstract:

property, artificial intelligence, conveyance, interpreter, grant, transfer, syntax

16.

Company Law and Autonomous Systems: A Blueprint for Lawyers, Entrepreneurs, and Regulators

Number of pages: 22 Posted: 12 Oct 2016
Florida State University - College of Law, University of St. Gallen, University of Cambridge - Lauterpacht Research Centre for International Law, University of St. Gallen Law School, Universität Marburg (Institut für Handels- und Wirtschaftsrecht) and University of Cambridge - Faculty of Law
Downloads 0 (98,814)

Abstract:

Company Law, Artificial Intelligence, Autonomous Systems, Ethics, Legal Personhood, Technology

17.

Three Problems (and Two Solutions) in the Law of Partnership Formation

49 University of Michigan Journal of Law Reform 605 (2016), FSU College of Law, Public Law Research Paper No. 801, FSU College of Law, Law, Business & Economics Paper No. 16-10
Number of pages: 31 Posted: 06 Apr 2016 Last Revised: 26 Jul 2016
Shawn Bayern
Florida State University - College of Law
Downloads 0 (176,932)

Abstract:

partnership formation, partnership, general partnership, vicarious liability

18.

The Implications of Modern Business-Entity Law for the Regulation of Autonomous Systems

19 Stanford Technology Law Review 93 (2015), FSU College of Law, Public Law Research Paper No. 797, FSU College of Law, Law, Business & Economics Paper No. 797
Number of pages: 20 Posted: 04 Apr 2016 Last Revised: 13 May 2017
Shawn Bayern
Florida State University - College of Law
Downloads 0 (98,415)

Abstract:

autonomous systems, robots, artificial intelligence, business law, organizational law, LLCs, limited liability companies, shelf LLCs, zero-member LLCs, legal personhood, legal personality, personhood

19.

Contract Meta-Interpretation

UC Davis Law Review, Vol. 49, p. 1097, 2016, FSU College of Law, Public Law Research Paper No. 785, FSU College of Law, Law, Business & Economics Paper No. 16-3
Number of pages: 51 Posted: 15 Jan 2016 Last Revised: 03 Feb 2016
Shawn Bayern
Florida State University - College of Law
Downloads 0 (87,504)

Abstract:

contract, interpretation

20.

The Limitations of Economic Reasoning in Analyzing Duress

Minnesota Law Review, Vol. 99, p. 141, 2015, FSU College of Law, Public Law Research Paper No. 784, FSU College of Law, Law, Business & Economics Paper No. 16-1
Number of pages: 20 Posted: 15 Jan 2016
Shawn Bayern
Florida State University - College of Law
Downloads 0 (298,199)

Abstract:

duress, economics, contract law

21.

Piercing the Corporate Eyebrow: Shareholder Values in Corporate Governance

FSU College of Law, Public Law Research Paper No. 351, FSU College of Law, Law, Business & Economics Paper No. 09-10
Posted: 27 Mar 2009 Last Revised: 22 Jul 2009
Shawn Bayern
Florida State University - College of Law

Abstract:

corporations, shareholder voting, managerial power, dodge v. ford, finra

22.

Inoperable Rules: Difficulties with the Abstract Analysis of Law

FSU College of Law, Public Law Research Paper No. 352, FSU College of Law, Law, Business & Economics Paper No. 09-11
Posted: 26 Feb 2009 Last Revised: 22 Jul 2009
Shawn Bayern
Florida State University - College of Law

Abstract:

law and economics, social science, formal analysis, administrability, operability