Juliet P. Kostritsky

Case Western Reserve University School of Law

Professor of Law

11075 East Boulevard

Cleveland, OH 44106-7148

United States

SCHOLARLY PAPERS

17

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CITATIONS
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in Total Papers Citations

12

Scholarly Papers (17)

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

Wake Forest Law Review, May 2002
Number of pages: 58 Posted: 02 Nov 2001
Juliet P. Kostritsky
Case Western Reserve University School of Law
Downloads 484 (44,609)
Citation 1

Abstract:

2.

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 281 (83,197)
Citation 3

Abstract:

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

3.

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 272 (82,593)
Citation 4

Abstract:

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

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 216 (112,618)
Citation 1

Abstract:

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

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 141 (175,238)
Citation 1

Abstract:

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 58 (315,471)
Citation 1

Abstract:

contracts, interpretation

6.

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 187 (119,902)

Abstract:

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

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 113 (198,431)

Abstract:

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 102 (208,919)
Citation 2

Abstract:

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 98 (215,873)

Abstract:

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 81 (230,997)

Abstract:

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 77 (240,972)

Abstract:

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.

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 A. Woyczynski, Kyle Chen and Ben Robertson
Case Western Reserve University School of Law, Case Western Reserve University - Department of Mathematics, New York University (NYU), School of Law, Students and Case Western Reserve University
Downloads 36 (339,599)

Abstract:

choice of law, empirical, trend, frequency

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 33 (345,634)

Abstract:

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

14.

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 24 (358,483)

Abstract:

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

15.

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 S Haller, Juliet P. Kostritsky and Wojbor A. Woyczynski
New York University (NYU), School of Law, Students, Case Western Reserve University, Case Western Reserve University School of Law and Case Western Reserve University - Department of Mathematics
Downloads 10 (399,107)

Abstract:

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

16.

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 0 (372,248)

Abstract:

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

17.

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

Tulane Law Review, Vol. 73, p. 497, 1998
Posted: 03 Apr 1999
Juliet P. Kostritsky
Case Western Reserve University School of Law

Abstract: