The Oxford Handbook of the New Private Law

Andrew S. Gold is professor of law at Brooklyn Law School and is associate director of the Center for the Study of Business Law and Regulation. Professor Gold's primary research interests address private law theory, fiduciary law, and the law of corporations. He is a co-editor of multiple books on fiduciary theory, including Fiduciary Government (Cambridge University Press, 2018) ; Contract, Status, and Fiduciary Law (Oxford University Press, 2017); and Philosophical Foundations of Fiduciary Law (Oxford University Press 2014). He is also currently writing a monograph, "The Right of Redress," to be published with Oxford University Press. Professor Gold previously was the Bruce W. Nichols Visiting Professor at Harvard Law School; an HLA Hart Visiting Fellow at the University of Oxford; and a Fulbright Visiting Research Chair at McGill University. John C.P. Goldberg is Deputy Dean and Carter Professor of General Jurisprudence at Harvard Law School. An expert in tort law,tort theory, and political philosophy, he previously taught at Vanderbilt Law School, where he served as Associate Dean for Research (2006-08). He is co-author of Recognizing Wrongs (Harvard University Press, 2020) (with Benjamin Zipursky), as well as Tort Law: Responsibilities and Redress (4th ed. 2016) (with Anthony Sebok and Benjamin Zipursky), and The Oxford Introductions to U.S. Law: Torts (2010) (with Zipursky). He has also published dozens of articles and essays in scholarly journals. Goldberg has taught an array of first-year and upper-level courses, and has received multiple teaching prizes. An Associate Reporter for the American Law Institute's Fourth Restatement of Property, he serves as an advisor to the Third Restatement of Torts, and is a member of the editorial boards of the Journal of Tort Law and Legal Theory. In 2009, he was Chair of the Torts and Compensation Systems Section of the Association of American Law Schools. Daniel B. Kelly is Professor ofLaw, Director of the Program in Law and Economics, and Director of the Fitzgerald Institute for Real Estate at the University of Notre Dame. He has been a Visiting Professor of Law at the University of Chicago Law School and Harvard Law School. His primary research and teaching areas include property and trusts and estates.Emily Sherwin is Frank B. Ingersol Professor of Law at Cornell Law School. She has taught at the University of Kentucky Law School and University of San Diego Law School, and has visited at the Boston University School of Law and University of Pennsylvania Law School. She writes on various aspects of legal theory and remedies.Henry E. Smith is Fessenden Professor of Law and the Director of the Project on the Foundations of Private Law at Harvard Law School. Previously, he taught at the Northwestern University School of Law and was the Fred A. Johnston Professor of Property and Environmental Law at Yale Law School. He has written extensively on property,equity, remedies, and private law theory. In 2014, the American Law Institute named him Reporter for the Restatement (Fourth) of Property. With Professor Thomas Merrill of Columbia LawSchool, he is the co-author of The Oxford Introductions to U.S. Law: Property (Oxford: Oxford University Press, 2010) and Property: Principles and Policies (Foundation Press, 2nded., 2012). He is co-editor of The Research Handbook on the Economics of Property Law (with Kenneth Ayotte, Elgar, 2011), Philosophical Foundations of Property Law (with JamesPenner, OUP 2013), and Perspectives on Property Law (with Robert C. Ellickson and Carol M. Rose, Aspen 2014).

• Part I Theoretical Perspectives1. Internal and External Perspectives: On the New Private Law Methodology Andrew S. Gold2. Natural Rights and Natural Law Dennis Klimchuk3. Corrective Justice: Sovereign or Subordinate? Gregory C. Keating4. Civil Recourse Theory Benjamin C. Zipursky5. Kantian Perspectives on Private Law Arthur Ripstein6. Law and Economics Daniel B. Kelly7. New Institutional Economics Barak Richman8. Psychology and the New Private Law Tess Wilkinson-Ryan9. Systems Theory: Emergent Private Law Henry E. Smith10. Private Law and Local CustomNathan B. Oman11. Autonomy and Pluralism in Private Law Hanoch Dagan12. A Feminist Perspective: Private Law as Unjust Enrichment Anita Bernstein13. Historical Perspectives Joshua Getzler14. Civil and Common Law Lionel SmithPart II Core Fields of Private Law15. Function and Form in Contract Law Alan Schwartz and Daniel Markovits16. Torts John C. P. Goldberg17. Property J. E. Penner18. Unjust Enrichment and Restitution Andrew Burrows19. Fiduciary Law W. Bradley Wendel20. Trust Law: Private Ordering and the Branching of American Trust Law John D. Morley and Robert H. Sitkoff21. Corporate Law Paul B. Miller22. The Employment Relationship as an Object of Employment Law Aditi Bagchi23. New Private Law and the Family Margaret F. Brinig24. False Advertising Law Gregory Klass25. The New Private Law and Intellectual Property: Calibrating Copyright on the Common Law Continuum Molly Van Houweling26. Traditional Knowledge and Private Law Ruth L. Okediji27. Insurance Kenneth S. AbrahamPart III Core Principles of Private Law28. Formalism and Realism in Private Law Emily Sherwin29. Privity Mark P. Gergen30. Good Faith in Contractual Exchanges Richard R.W. Brooks31. The Rule of Law Lisa M. Austin32. Defenses Robert Stevens33. Equity Ben McFarlane34. Remedies Samuel L. Bray35. Private and Public Law Thomas W. Merrill

The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law