Greetings from snowy New Haven. A few more publications for your consideration:

Don't Sell Us Short, Forbes 56 (Feb. 2, 2004) (with Barry Nalebuff).

Why don't firms use their inside information to sell rivals short when they

have information that won't be good news for their rivals?

Promissory Fraud Without Breach, Wisconsin Law Review (forthcoming 2004) (with Gregory Klass).

Abstract:
It is of course true that proving breach of contract breach is not sufficient to establish promissory fraud liability. But in this paper, we argue that breach of contract should not even be a necessary element for proving promissory fraud. There are a variety of contexts without legally enforceable contracts where insincere promising should still be deemed tortuous because of the willful harm that it causes. Promisors who are free from contractual liability nonetheless are sometimes potentially liable for this promissory tort.

Principled Problem Solving: Letting Constraints Filter and Guide Your Thinking Can Often Be the Best Way to Reach Truly Creative Solutions, 14 Scientific American Mind 96 (2004).

THESE DAYS the popular mantras for stimulating creativity frequently extol the virtues of “thinking outside the box”: “There are no wrong answers.” “Consider all options.” “Break the boundaries that prevent you from innovating.” But not all boundaries should be broken. Some are real and need to be respected. Sometimes, therefore, it is best to know how to think creatively inside the box.

Three Tests for Measuring Unjustified Disparate Impacts in Organ Transplantation: The Problem of "Included Variable Bias, (forthcoming Perspectives in Biology and Medicine).

Abstract:
Because disparate impact and disparate treatment claims have distinct elements, they require distinct methods of testing. This article analyzes three different ways of testing of unjustified disparate impacts in organ transplantation, which I will call: the traditional test, the omitted-variable test, and the outcome test.

Sincerely,

Ian Ayres

William K. Townsend Professor

Yale Law School

PO Box 208215, New Haven, CT 06520

203.432.7101 (o), 203.432.4769 (fax), 203.624.5654 (h)

ian.ayres@yale.edu