Tuesday Top Ten – Contracts & Commercial Law Top SSRN Downloads for October 10, 2023

October 10, 2023

Welcome to another exciting edition of the Tuesday Top Ten! For the first time in quite a while, we have change in the number one spot. Don’t feel too badly for our friends Dave Hoffman and Yonathan Arbel, however, as their wildly popular Generative Interpretation article didn’t suddenly get less popular (as if!). It simply aged out of SSRN’s 60-day window. Meanwhile, your humble contributing editor’s After FTX: Can the Original Bitcoin Use Case Be Saved? moves to number six on the Private Law – Contracts eJournal list, but it has yet to make a dent in the Contracts & Commercial Law eJournal. Come on, people, it has BOTH Bitcoin and FTX in the title! To quote Maximus in Gladiator, “Are you not entertained?“

More seriously, we do have some great subjects on this week’s list, ranging from antitrust and consumer protection to fraud and Chat GPT. Check out what’s happening below in our favorite corner of legal scholarship.

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 11 Aug 2023 – 10 Oct 2023

Rank	Paper	Downloads
1.	Rawls and Antitrust’s Justice Function Elettra Bietti Harvard University, Law School	247
2.	Consumer Protection after Consumer Sovereignty Luke Herrine University of Alabama – School of Law	208
3.	Corporate Governance and Risk-Taking: A Statistical Approach Steven L. Schwarcz Duke University School of Law	171
4.	Discretionary Investing by ‘Passive’ S&P 500 Funds Peter Molk and Adriana Robertson University of Florida Levin College of Law and University of Chicago Law School	149
5.	Anticipated Contracts and Unjust Enrichment Henry Cooney The University of Western Australia	148
6.	Mathias v Accor Economy Lodging: Judge Richard A. Posner’s Message and Method on Punitive Damages Ellen M. Bublick University of Arizona – James E. Rogers College of Law	140
7.	Rationalising the Penalties Rule Prince Saprai University College London – Faculty of Laws	120
8.	In the Interests of Justice Addison Sandoval University of Oregon School of Law	111
9.	Standardization and Innovation in Venture Capital Contracting: Evidence from Startup Company Charters Robert P. Bartlett Stanford Law School	111
10.	Contract Law Illusions and Delusions Jeffrey M. Lipshaw Suffolk University Law School	99

Top Downloads For:

Law & Society: Private Law – Contracts eJournal

Recent Top Papers (60 days)

As of: 11 Aug 2023 – 10 Oct 2023

Rank	Paper	Downloads
1.	Investment Treaty Arbitration Caught in the Public-Private Law Divide Catharine Titi CNRS	316
2.	Anticipated Contracts and Unjust Enrichment Henry Cooney The University of Western Australia	148
3.	What Might Contract Theory Be Gregory Klass Georgetown University Law Center	93
4.	Choice of Law and the After-Acquired Domicile Luke Meier Baylor University – Law School	90
5.	Judge Jed Rakoff: Personal Impressions of a Testifying Expert Witness (and Anatomy of a UCC Foreclosure) Steven L. Schwarcz Duke University School of Law	52
6.	After FTX: Can the Original Bitcoin Use Case Be Saved? Mark Edwin Burge Texas A&M University School of Law	50
7.	Contract Law and Persuasive Design: Dark Patterns, AI and the Concept of Free Choice Eric Tjong Tjin Tai Tilburg Law School	47
8.	The Persistent Limits of Fraud Prevention in Historical Perspective Emily Kadens Northwestern University School of Law	44
9.	Intellectual Property Rights and Private Law Entitlements Robert P. Merges University of California, Berkeley – School of Law	33
10.	Treu und Glauben: Frag GPT (Good Faith: Ask GPT) Christoph Engel Max Planck Institute for Research on Collective Goods	31

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