Experimental Jurisprudence

---

The Hand Formula’s Unequal Inputs

Tort law’s famous Hand Formula does not align with how laypeople judge whether conduct is reasonable. Five original experiments demonstrate that the Hand Formula fails to capture the outsized, Kantian role that risks play in lay reasonableness judgments. The Article explores the implications of this misalignment for theory and practice.

---

Commonsense Consent

How do ordinary people understand the concept of consent? This Article documents that laypersons, unlike most legal theorists, believe consent is compatible with fraud. It uses this discovery to revisit the so-called “riddle of rape-by-deception” and to interrogate the relationship between public attitudes, normative theory, and law.