Juliet P. Kostritsky

Case Western Reserve University School of Law

Professor of Law

11075 East Boulevard

Cleveland, OH 44106-7148

United States

SCHOLARLY PAPERS

26

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2,808

SSRN CITATIONS

3

CROSSREF CITATIONS

4

Scholarly Papers (26)

1.

The Rise and Fall of Promissory Estoppel or is Promissory Estoppel Really as Unsuccessful as Scholars Say it is: A New Look at the Data

Number of pages: 58 Posted: 02 Nov 2001
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 531 (56,682)

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2.

Illegal Contracts and Efficient Deterrence: A Study in Modern Contract Theory

Iowa Law Review, Vol. 74, p. 115, 1988
Number of pages: 49 Posted: 29 Aug 2006
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 348 (94,024)

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Public Policy, Illegality, No Effect, Contracts, No-effect Rule, Illegal Contracts, Graduated Relief Structure, Deterrence

3.

Uncertainty, Reliance, Preliminary Negotiations and the Hold Up Problem

Case Legal Studies Research Paper No. 08-03
Number of pages: 80 Posted: 16 Jan 2008
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 323 (102,160)
Citation 2

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Contract law, Hoffman v. Red Owl, reliance damages, precontractual cases, preliminary agreements, hold up problem, uncertainty, recovery for reliance expenditures

4.

Taxonomy for Justifying Legal Intervention in an Imperfect World: What to Do When Parties Have Not Achieved Bargains or Have Drafted Incomplete Contracts

Case Legal Studies Research Paper No. 04-18
Number of pages: 56 Posted: 28 Sep 2004
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 245 (136,809)

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Incomplete Contracts, Informational Deficits, Judicial Intervention, Freedom, Behavioral Uncertainty

5.

The Promise Principle and Contract Interpretation

Suffolk Law Review, Forthcoming, Case Legal Studies Research Paper No. 2011-8
Number of pages: 37 Posted: 10 May 2011 Last Revised: 01 Jul 2013
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 227 (147,377)

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contract interpretation, promise principle, morality, Charles Fried, Contract as Promise, self-imposed obligation, utility, external standards, autonomy, naturalistic, neuroscience, welfare improvement, efficient equilibria, human nature, Immanuel Kant, David Hume, Kenneth Binmore, instrumentalism

Plain Meaning vs. Broad Interpretation: How the Risk of Opportunism Defeats a Unitary Default Rule for Interpretation

Kentucky Law Journal, Forthcoming, Case Legal Studies Research Paper No. 07-15
Number of pages: 73 Posted: 19 Apr 2007
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 146 (218,592)

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Contracts, contract terms, contract interpretation, judicial intervention, contract meaning, actual intentions, plain meaning, broad interpretation, risk of opportunism, unitary default rule for interpretation

Plain Meaning vs. Broad Interpretation: How the Risk of Opportunism Defeats a Unitary Default Rule for Interpretation

Number of pages: 72 Posted: 23 Apr 2007
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 68 (368,066)
Citation 1

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contracts, interpretation

7.

The Means/Ends Dilemma in Contract Interpretation: A Response to Professors Kraus and Scott: How the Intractability of Express Language Affects Interpretive Authority and Legal Interventions in Contracts

Case Legal Studies Research Paper No. 09-23
Number of pages: 92 Posted: 03 Aug 2009
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 125 (246,341)

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contracts, Jody S. Kraus & Robert E. Scott, Contract Design and the Structure of Contractual Intent 84 N.Y.U L. REV. (Forthcoming 2009), costs, cntract formation, contract interpretation, default rules, formalism

8.

Judicial Incorporation of Trade Usages: A Functional Solution to the Opportunism Problem

Connecticut Law Review, Forthcoming, Case Legal Studies Research Paper No. 06-02
Number of pages: 105 Posted: 17 Feb 2006
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 115 (262,012)

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Uniform Commercial Code, Article 2, Business Norms, Contracts, Plain Meaning, Opportunism, The hold-up Game

9.

Symposium Incomplete Contracts: Judicial Responses, Transactional Planning and Litigation - Introduction

Case Western Reserve University School of Law, Vol. 56, p. 135, 2005, Case Legal Studies Research Paper No. 06-13
Number of pages: 16 Posted: 18 Aug 2006
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 114 (263,608)

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Contracts, Law-and-Economics, Incomplete Contracts

10.

The Law and Economics of Norms

48 Texas International Law Journal 465 (2013) , Case Legal Studies Research Paper No. 2013-13
Number of pages: 42 Posted: 19 Jun 2013
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 105 (279,306)

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norms, law and norms, law and economics, cost minimization, self-enforcing norms, social enforcement norms, contratcs, private agreements

11.

Interpretive Risk and Contract Interpretation: A Suggested Approach for Maximizing Value

Elon Law Review, Forthcoming, Case Legal Studies Research Paper No. 2010-39
Number of pages: 94 Posted: 16 Dec 2010
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 104 (281,215)
Citation 1

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Contracts, Contract interpretation, Interpretive risk, Judicial intervention, Judicial interpretation, Performance obligation, Express contract , Sanctions, Law and economics, Restatement 2d of Contracts, Kraus and Scott , Formalists

12.

One Size Does Not Fit All: A Contextual Approach to Fiduciary Duties Owed to Preferred Stockholders from Venture Capital to Public Preferred to Family Business

Rutgers Law Review, Forthcoming, Case Legal Studies Research Paper No. 2017-6
Number of pages: 80 Posted: 23 Mar 2017
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 59 (390,929)

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corporations, fiduciary duties. preferred stockholders, venture capitalist, Targeted return, Pricing, Risk, Information costs, Efficient capital market, Customization, Implied duties

13.

What Lawyers Say Determines Choice of Law in Merger Agreements: A Complex Truth

Case Legal Studies Research Paper No. 2014-10 (revised)
Number of pages: 73 Posted: 06 May 2014 Last Revised: 22 Oct 2014
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 58 (394,172)

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Contracts, Model, Merger Agreements, Drafting, Choice of Law, Client, Lawyer, Attorney

14.

A Bargaining Dynamic Transaction Cost Approach to Understanding Framework Contracts

68 American University Law Review (2018, Forthcoming), Case Legal Studies Research Paper No. 2018-8
Number of pages: 76 Posted: 05 Jun 2018
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 54 (407,677)

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contract, bargaining dynamic, interests,costs, contractual form, Transaction costs, Cost minimization, Supply chain, Framework contracts, Diversity of arrangements, Discriminating alignment, Opportunism, risk, durable problems

15.

Increased Frequency for Delaware Choice of Law in Merger Agreements and the Implications for Scholarly Research

Case Legal Studies Research Paper No. 2014-28
Number of pages: 38 Posted: 22 Jul 2014
Juliet P. Kostritsky, Wojbor Woyczynski, Kyle Chen and Ben Robertson
Case Western Reserve University School of Law, Case Western Reserve University - Department of Mathematics, Husch Blackwell LLP and Case Western Reserve University
Downloads 50 (421,750)

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choice of law, empirical, trend, frequency

16.

Efficient Contextualism

University of Pittsburgh Law Review, Forthcoming, Case Legal Studies Research Paper No. 2015-2
Number of pages: 78 Posted: 23 Jan 2015
Peter M. Gerhart and Juliet P. Kostritsky
Case Western Reserve University School of Law and Case Western Reserve University School of Law
Downloads 45 (440,631)

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Formalism, Contextualism, Efficiency, Courts, Contracts, Contract Interpretation, Economic Methodology, Maximizing Surplus, Bargaining Relationships

17.

Empirical Study Redux on Choice of Law and Forum in M&A: The Data and Its Limits

16 Journal of Business & Securities Law 1 (2016), Case Legal Studies Research Paper No. 2016-13
Number of pages: 34 Posted: 03 Jun 2015 Last Revised: 01 Jul 2016
Kyle Chen, Harold Haller, Juliet P. Kostritsky and Wojbor Woyczynski
Husch Blackwell LLP, Case Western Reserve University, Case Western Reserve University School of Law and Case Western Reserve University - Department of Mathematics
Downloads 36 (478,656)

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choice of law, choice of forum, merger, lawyers, formalism

18.

Statutes and the Common Law of Contracts: A Shared Methodology

Case Legal Studies Research Paper No. 2020-4
Number of pages: 36 Posted: 12 Mar 2020
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 30 (507,732)

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contract, statute, common law, shared methodology, efficient bargaining, welfare maximizing, reverberative effects

19.

Why Choose LTAs? An Empirical Study of Ohio Manufacturer’s Contractual Choices Through a Bargaining Lens

American University Business Law Review (Forthcoming), Case Legal Studies Research Paper No. 2020-3
Number of pages: 121 Posted: 02 Apr 2020 Last Revised: 23 Jun 2020
Juliet P. Kostritsky and Jessica Ice
Case Western Reserve University School of Law and affiliation not provided to SSRN
Downloads 9 (640,786)

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supply chain, sunk costs, empirical, opportunism, transaction cost minimization, contractual choice

20.

Comment, Rationalizing Liability for Nondisclosure Under 10b-5: Equal Access to Information and United States v. Chiarella,

Case Legal Studies Research Paper No. 1980, 1980 Wis. L. Rev. 162
Number of pages: 33 Posted: 21 Jul 2020
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 6 (662,336)

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10B-5

21.

When Should Contract Law Supply a Liability Rule or Term?: Framing a Principle of Unification for Contracts

Case Legal Studies Research Paper No. 2000, 32 Arizona State Law Journal 1283 (2000)
Number of pages: 64 Posted: 21 Jul 2020
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 3 (685,469)

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22.

The Price of Wisdom is above Rubies - A Tribute to Ronald J. Coffey Case Western Reserve School of Law 1966-2007 (on his retirement)

Case Legal Studies Research Paper No. 2007, 58 Case Western Reserve Law Review 11 (2007)
Number of pages: 7 Posted: 21 Jul 2020
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 2 (695,641)

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Tribute, Ronald J. Coffey

23.

Bargaining with Uncertainty, Moral Hazard and Sunk Costs: A Default Rule for Precontractual Negotiations

Case Legal Studies Research Paper No. 1993, 44 Hastings Law Journal 621 (1993)
Number of pages: 86 Posted: 21 Jul 2020
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 2 (695,641)

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Precontracts

24.

Note, Antitrust Law – Municipal Immunity – Application of the State Action Doctrine to Municipalities - City of Lafayette v. Louisiana Power & Light Co.

Case Legal Studies Research Paper Forthcoming, 1979 Wis. L. Rev. 570
Number of pages: 36 Posted: 20 Jul 2020
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 2 (695,641)

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City of Lafayette v. Louisiana Power & Light Co.

25.

Looking for Default Rule Legitimacy in All the Wrong Places: A Critique of the Authority of Contract Model and the Coordination Principle Proposed by Professor Burto

Case Legal Studies Research Paper No. 1993, 3 Southern California Interdisciplinary Law Journal 189 (1993)
Number of pages: 21 Posted: 21 Jul 2020
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 1 (707,942)

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Law-Supplied Default Rules

26.

'Why Infer'? What the New Institutional Economics Has to Say About Law-Supplied Default Rules

Posted: 03 Apr 1999
Juliet P. Kostritsky
Case Western Reserve University School of Law

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