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

24

DOWNLOADS
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Top 3,476

in Total Papers Downloads

10,923

SSRN CITATIONS
Rank 38,820

SSRN RANKINGS

Top 38,820

in Total Papers Citations

3

CROSSREF CITATIONS

11

Scholarly Papers (24)

1.

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 1,776 (8,941)

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

2.

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, Harry W. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program, University of California, Berkeley School of Law, 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 1,606 (10,521)

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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

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 1,156 (17,613)
Citation 1

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

4.

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 829 (28,553)

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

5.

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

9 Hastings Science and Technology Law Journal 2 (Summer 2017) 135-162
Number of pages: 29 Posted: 12 Oct 2016 Last Revised: 25 Nov 2018
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 767 (31,775)
Citation 4

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

6.

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 652 (39,546)
Citation 1

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

7.

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 652 (39,546)

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

8.

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 410 (71,249)

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interpretation, precedent, facts, holdings, dicta

9.

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 384 (76,875)
Citation 1

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bitcoin, common law, private law theory, formalism

10.

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 357 (83,669)

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

11.

An Unintended Consequence of Reducing the Corporate Tax Rate

Tax Notes, Vol. 157, No. 8, 2017, FSU College of Law, Public Law Research Paper No. 869, FSU College of Law, Law, Business & Economics Paper No. 1-18
Number of pages: 4 Posted: 21 Dec 2017
Shawn Bayern
Florida State University - College of Law
Downloads 336 (89,652)

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tax, tax planning, tax reform, loopholes

12.

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 324 (93,337)

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

13.

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 319 (94,955)

Abstract:

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contract, interpretation

14.

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 254 (121,133)

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

15.

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 198 (154,377)

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

16.

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 197 (155,118)

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

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 165 (182,601)

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partnership formation, partnership, general partnership, vicarious liability

18.

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 158 (188,528)

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

19.

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 136 (213,281)

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contracts, interpretation, gaps, bargaining power

20.

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 110 (249,962)

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

21.

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 75 (319,200)
Citation 1

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duress, economics, contract law

22.

Are Autonomous Entities Possible?

114 Nw. U. L. Rev. Online 23 (2019)
Number of pages: 25 Posted: 28 Jun 2019
Shawn Bayern
Florida State University - College of Law
Downloads 62 (353,415)

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

23.

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

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

24.

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

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