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  1. Anti-Preferences.Roy Kreitner - 2021 - Theoretical Inquiries in Law 22 (2):299-328.
    This Article offers a critical evaluation of preference satisfaction as a frame for normative thinking. It begins with an internal critique of the way preferences work in normative economics, distinguishing among three elements: welfare; preferences; and choices. For preference satisfaction to work well, it must be able to bridge two gaps, one between choice and preferences, and another between preferences and welfare. In contexts where both those gaps are bridged, preference satisfaction offers a workable normative framework; where at least one (...)
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  2.  13
    Introduction.Roy Kreitner, Yishai Blank & Shai Lavi - 2007 - Theoretical Inquiries in Law 8 (1):1-7.
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  3.  10
    The Jurisprudence of Global Money.Roy Kreitner - 2010 - Theoretical Inquiries in Law 11 (1):177-208.
    The decades before and after the turn of the twentieth century, like those surrounding the turn of the twenty-first, are often understood as periods of globalization. The two periods share key features that characterize the global as a motif, including high mobility of goods, services, people, ideas and, perhaps most centrally, capital. An important distinguishing feature between the periods is the monetary regime: the gold standard for the turn of the twentieth century; managed flexibility for the turn of the twenty-first. (...)
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  4.  10
    Temptations of Pure Procedural Justice: A Comment on Elizabeth Anderson.Roy Kreitner - 2008 - Theoretical Inquiries in Law 9 (1):43-49.
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  5.  6
    Frameworks of Cooperation: Competing, Conflicting, and Joined Interests in Contract and Its Surroundings.Roy Kreitner - 2005 - Theoretical Inquiries in Law 6 (1):59-112.
    Private law and regulation are constantly involved in the evaluation of conflicts of interest, judging some of them salutary, with others requiring adjustment. Focusing on the question of conflicts of interest allows us to clarify our vision of when such adjustment is appropriate and, more specifically, when the law should supply an infrastructure for cooperative behavior. Thus, the prism of conflicts of interest provides a lens through which to view basic legal problems that turn on whether individual actors will be (...)
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  6.  4
    On the Use and Abuse of Blackstone -- A Comment on Professor Schorr.Roy Kreitner - 2009 - Theoretical Inquiries in Law 10 (1 Forum).
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  7.  3
    Justification Between Positivism and Decision.Roy Kreitner - 2006 - Theoretical Inquiries in Law 7 (1):229-254.
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  8.  1
    Money Talks: Institutional Investors and Voice in Contract.Roy Kreitner - 2019 - Theoretical Inquiries in Law 20 (2):511-535.
    Contracts are the building blocks of markets, where participation is typically understood through choice: to buy or not to buy, and if so, from whom? In other words, contract choices allow participation by exit, with little need for discussion. However, in some instances markets may be open to a fair degree of voice. Market behavior is not always a take it or leave it endeavor, and market participation does not always entail the kind of passivity associated with the role of (...)
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