Donald J. Smythe

California Western School of Law

Chief Justice Roger J. Traynor Professor of Law

225 Cedar Street

San Diego, CA 92101

United States

SCHOLARLY PAPERS

24

DOWNLOADS
Rank 12,113

SSRN RANKINGS

Top 12,113

in Total Papers Downloads

4,001

SSRN CITATIONS

4

CROSSREF CITATIONS

9

Ideas:
“  I am currently researching some of the empirical relationships between land use laws and housing segregation. I am also doing some preliminary research on the social, ethical, and economic consequences of the growing nonprofit sector. These research projects build on some of the themes that run have run through much of my scholarship, such as the relationship between law and liberty, the role of the state in a modern legal system, the fault line between private and public law, and the causes and consequences of legal change.  ”

Scholarly Papers (24)

1.

Reasonable Standards for Contract Interpretation Under the CISG

Cardozo Journal of International and Comparative Law (JICL), Forthcoming, California Western School of Law Research Paper No. 17-2
Number of pages: 38 Posted: 27 Sep 2016
Donald J. Smythe
California Western School of Law
Downloads 529 (52,950)

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CISG, Contract Interpretation, Good Faith in International Trade, General Principles of the CISG, Reasonable Commercial Standards of Fair Dealing in the Trade

2.

The Rise of the Corporation, the Birth of Public Relations, and the Foundations of Modern Political Economy

Washburn Law Journal, Vol. 50, No. 3, 2011
Number of pages: 50 Posted: 09 Sep 2011
Donald J. Smythe
California Western School of Law
Downloads 419 (70,625)

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Corporations, Political Economy, Public Relations, Advertising

3.

Ranking Law Schools Using Reported California Bar Exam Results: Some Observations and Conjectures

Number of pages: 43 Posted: 16 Jun 2012
Donald J. Smythe
California Western School of Law
Downloads 381 (78,932)
Citation 1

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Law Schools, California Bar Passage Rates, Rankings

4.

Shareholder Democracy and the Economic Purpose of the Corporation

Washington and Lee Law Review, Forthcoming
Number of pages: 18 Posted: 25 May 2006
Donald J. Smythe
California Western School of Law
Downloads 359 (84,608)

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Shareholder Democracy, Corporation, Economic Purpose, Nineteenth Century

5.

Impossibility and Impracticability

Encyclopedia of Law and Economics, Forthcoming
Number of pages: 29 Posted: 28 Jul 2009 Last Revised: 08 Nov 2015
Donald J. Smythe
California Western School of Law
Downloads 313 (98,722)

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Impossibility, Impracticability, Excuse Doctrines, Efficient Risk-Bearing, Long-term Contracts, Relational Contracts

6.

Bounded Rationality, the Doctrine of Impracticability, and the Governance of Relational Contracts

Southern California Interdisciplinary Law Journal, Vol. 13, No. 2
Number of pages: 89 Posted: 16 Sep 2005
Donald J. Smythe
California Western School of Law
Downloads 242 (129,454)
Citation 1

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7.

The Illiberty of Contract

Quinnipiac Law Review, Forthcoming, California Western School of Law Research Paper No. 16-12
Number of pages: 72 Posted: 27 Sep 2016
Donald J. Smythe
California Western School of Law
Downloads 143 (208,141)

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Liberty, Coercion, Hayek, State Action, Relational Contracts, ADR, Unconscionability, Impracticability, Public Policy

8.

The Supreme Court and the Trusts: Antitrust and the Foundations of Modern American Business Regulation from Knight to Swift

UC Davis Law Review, Forthcoming
Number of pages: 94 Posted: 16 Sep 2005
Donald J. Smythe
California Western School of Law
Downloads 142 (209,318)

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9.

Transaction Costs, Contagion Effects, and the Diffusion of the Uniform Sales Act, 1906-47

1st Annual Conference on Empirical Legal Studies Paper
Number of pages: 49 Posted: 15 Sep 2005
Donald J. Smythe
California Western School of Law
Downloads 138 (214,206)
Citation 2

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Uniform Sales Act, institutional innovation, contagion effects, hazard analysis

10.

A Schumpeterian View of the Great Merger Movement in American Manufacturing, 1895-1904

Number of pages: 35 Posted: 15 Sep 2005
Donald J. Smythe
California Western School of Law
Downloads 138 (214,206)

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11.

The Role of Contractual Enforcement and Excuse in the Governance of Relational Agreements: An Economic Analysis

Global Jurist, Vol. 2, No. 2, 2002
Number of pages: 44 Posted: 16 Sep 2005
Donald J. Smythe
California Western School of Law
Downloads 105 (262,557)
Citation 1

Abstract:

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12.

Estimating Law Schools' Cumulative Passage Rates on the California Bar Exam: Some Observations and Conjectures

Number of pages: 27 Posted: 30 May 2013
Donald J. Smythe
California Western School of Law
Downloads 99 (273,233)

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13.

Clearing the Clouds on the CISG's Warranty of Title

Northwestern Journal of International Law & Business, Forthcoming, California Western School of Law Research Paper No. 15-06
Number of pages: 55 Posted: 04 Sep 2015 Last Revised: 21 Nov 2015
Donald J. Smythe
California Western School of Law
Downloads 98 (275,054)

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CISG, Warranty of Title, Intellectual Property, Patent Infringement, Copyright Infringement, Trademark Infringement

14.

Commercial Law in the Cracks of Judicial Federalism

Catholic University Law Review, Forthcoming
Number of pages: 77 Posted: 20 Sep 2006
Donald J. Smythe
California Western School of Law
Downloads 95 (280,662)

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Commercial law, Sales, Federal Courts, Judicial Federalism, Software, Rolling Contracts, Limited Remedies

15.

The Role of Legal Precedents in the Diffusion of New Employment Doctrines, 1978-99

Number of pages: 50 Posted: 17 Jun 2006
Donald J. Smythe and Robert C. Bird
California Western School of Law and University of Connecticut - School of Business
Downloads 93 (284,573)

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Employment-at-Will, Wrongful-Discharge, Social Networks, Contagion Effects

16.

The Structure of American Legal Institutions and the Diffusion of Wrongful-Discharge Laws, 1978-99

Law and Society Review, Forthcoming
Number of pages: 43 Posted: 25 Jan 2008 Last Revised: 08 Nov 2015
Donald J. Smythe and Robert C. Bird
California Western School of Law and University of Connecticut - School of Business
Downloads 92 (286,539)

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Employment-at-Will, Wrongful-Discharge, Social Networks, Legal Precedents, Network Effects

17.

The Road to Nowhere: Caterpillar v. Usinor and CISG Claims by Downstream Buyers Against Remote Sellers

George Mason Journal of International Commercial Law, Vol. 2, Issue 2, Spring 2011
Number of pages: 28 Posted: 10 Sep 2011
Donald J. Smythe
California Western School of Law
Downloads 89 (292,673)

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CISG, Caterpillar v. Usinor, Privity

18.

The Scope of a Bargain and the Value of a Promise

South Carolina Law Review, Forthcoming
Number of pages: 50 Posted: 16 Aug 2008
Donald J. Smythe
California Western School of Law
Downloads 89 (292,673)

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Promise, Consideration, Reliance, Basis of the Bargain, Asymmetric Information, Lemons Problem, Express Warranty

19.

Liberty at the Borders of Private Law

Akron Law Review, Forthcoming, California Western School of Law Research Paper No. 15-05
Number of pages: 77 Posted: 07 Jul 2015 Last Revised: 20 Nov 2015
Donald J. Smythe
California Western School of Law
Downloads 87 (296,779)

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Liberty, Courts, State Action, Property, Contracts

20.

A Schumpeterian View of the Great Merger Movement in American Manufacturing

Cliometrica, Vol. 4, No. 2, July 2010
Number of pages: 40 Posted: 08 Apr 2009
Donald J. Smythe
California Western School of Law
Downloads 85 (301,151)

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Great Merger Movement, Technological Change, Market Power, Schumpeterian Hypothesis, Antitrust.

21.

Consideration for a Price: Using the Contract Price to Interpret Ambiguous Contract Terms

North Illinois University Law Review, Forthcoming
Number of pages: 82 Posted: 24 Mar 2013
Donald J. Smythe
California Western School of Law
Downloads 80 (312,364)

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Consideration, Contract Interpretation, Contract Price, Unconscionability, Bargains, Economic Analysis

22.

Legal Precedents, Judicial Discretion, and the Diffusion of the Strict Liability Rule for Manufacturing Defects, 1963-87

Number of pages: 32 Posted: 28 Jul 2009 Last Revised: 08 Nov 2015
Robert C. Bird and Donald J. Smythe
University of Connecticut - School of Business and California Western School of Law
Downloads 70 (337,132)

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Diffusion, Social Networks, Legal Precedents, Judicial Discretion, Manufacturing Defects, Strict Liability

23.

The Power to Exclude and the Power to Expel

Cleveland State Law Review, Forthcoming, California Western School of Law Research Paper No. 17-15
Number of pages: 73 Posted: 08 Sep 2017
Donald J. Smythe
California Western School of Law
Downloads 62 (359,236)

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Zoning, Takings, Exclusion, Gentrification, the Not-In-My-Backyard Game, Politics, Supreme Court, Substantive Due Process, Eminent Domain

24.

Social Network Analysis and the Diffusion of the Strict Liability Rule for Manufacturing Defects, 1963-87

Law & Social Inquiry, Forthcoming
Number of pages: 47 Posted: 23 Feb 2011 Last Revised: 08 Nov 2015
Robert C. Bird and Donald J. Smythe
University of Connecticut - School of Business and California Western School of Law
Downloads 53 (387,364)

Abstract:

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Social Network Analysis, Legal Precedents, Judicial Discretion, Manufacturing Defects, Products Liability