Aditi Bagchi

Aditi Bagchi teaches Contracts and Labor Law. She writes primarily about contract law, especially contract interpretation and questions in political and moral philosophy as they arise in contract. She has a broader interest in comparative political economy and legal philosophy across private law.

Professor Bagchi previously taught at the University of Pennsylvania Law School.  In Fall 2019, she was a Visiting Professor at Yale Law School and, in Fall 2021, she was a Visiting Professor at Columbia Law School. Before teaching, she was an associate at Cravath, Swaine & Moore LLP and a clerk for Judge Julio Fuentes on the United State Court of Appeals for the Third Circuit.

Education

Professor Bagchi obtained her JD from Yale Law School, an MSc in Economic and Social History from Oxford University, and an AB in Government and Philosophy from Harvard College.

Representative Publications

Conflict, Consistency and the Role of Conventional Morality in Judicial Decision-Making, 34 Yale Journal of Law & the Humanities 9 (2023).

Nondomination and the Ambitions of Employment Law, 24 Theoretical Inquiries in Law 1 (2023)

Law and the Moral Dynamics of Collective Action, 53 Seton Hall Law Review 149 (2022)

Lowering the Stakes of the Employment Contract, 102 Boston University Law Review 1185 (2022)

Retrospective Risk Allocation, 85 Law and Contemporary Problems 1 (2022)

Lying and Cheating, or Self-Help and Civil Disobedience?, 85 BROOKLYN L. REV. 1 (2020)

Risk-Averse Contract Interpretation, 82 LAW AND CONTEMPORARY PROBLEMS 1 (2019)

Interpreting Contracts in a Regulatory State, 54 UNIV. OF SAN FRANCISCO L. REV. 35 (2019)

Voluntary Obligation and Contract, 20 THEORETICAL INQUIRIES IN LAW  433 (2019).

Production Liability, 87 FORDHAM LAW REVIEW 2501 (2019).

Contract and the Problem of Fickle People, WAKE FOREST LAW REVIEW (forthcoming 2018).

How Well Do We Treat Each Other in Contract?, 9 WILLIAM & MARY BUSINESS LAW REVIEW 351 (invited book symposium) (2018).

Fiduciary Principles in Employment Law in eds. Criddle, Miller & Sitkoff, OXFORD HANDBOOK OF FIDUCIARY LAW (Oxford University Press, 2018).

The Political Morality of Convergence in Contract, 24 EUROPEAN L. J. 1 (2018) (peer-reviewed).

The Contingent Politics of Legal Formalism in eds. Balganesh, Sichelman & Smith, THE LEGACY OF WESLEY HOHFELD: EDITED MAJOR WORKS, SELECT PERSONAL PAPERS, AND ORIGINAL COMMENTARIES (Cambridge University Press, 2018).

Contract as Procedural Justice, 7 JURISPRUDENCE (forthcoming 2016); Fordham Law Legal Studies Research Paper No. 2691849.

Exit, Choice and Employee Loyalty in eds. Gold & Miller, CONTRACT, STATUS, AND FIDUCIARY LAW (forthcoming from Oxford University Press, 2016).Authority, Intention and Interpretation in eds. Waluchow & Sciaraffa, THE LEGACY OF RONALD DWORKIN (Oxford University Press, 2016).

Other People’s Contracts, 32 YALE J. ON REG. 211 (2015).

At the Limits of Adjudication: Cumulative Externalities from Standard Terms in eds. DiMatteo & Hogg, COMPARATIVE CONTRACT LAW (Oxford University Press, 2015).

Re-Dressing the Naked Emperor, or How to Think about Political Economy and Law in eds. Grundmann & Thiessen, RECHT UND SOZIALTHEORIE—INTERDISZIPLINÄRES DENKEN IN RECHTSWISSENSCHAFT UND PRAXIS (Mohr Siebeck Tuebingen, 2015).

The Effects of Financial Crises on the Binding Force of Contracts: United States Report, 62 AM. J. COMP. L. 127 (2014) (symposium) (related essay forthcoming in ed. Başoğlu, THE EFFECTS OF FINANCIAL CRISES ON THE BINDING FORCE OF CONTRACTS—RENEGOTIATION, RESCISSION OR REVISION—COMPARATIVE STUDY (Springer, 2015).

The Political Economy of Regulating Contract, 62 AM. J. COMP. L. 687 (2014).

Distributive Justice and Contract in eds. Klass, Letsas, & Saprai, PHILOSOPHICAL FOUNDATIONS OF CONTRACT LAW (Oxford University Press, 2014).

Parallel Contract, 75 U. PITT. L. REV. 139 (2014).

The Perspective of Law on Contract, 88 WASHINGTON LAW REVIEW 1227 (2013) .

The Market for Rights, 54 CANADIAN BUSINESS LAW JOURNAL 252 (2013).

Managing Moral Risk: the Case of Contract, 112 COLUMBIA L. REV. 1878 (2011).

Who Should Talk?  What Counts as Employee Voice and Who Stands to Gain, 94 MARQUETTE L. REV. 869 (2011) (invited response to Prof. Kenneth Dau-Schmidt).

Unequal Promises, 72 U. OF PITT. L. REV. 467 (2011).

Separating Contract and Promise, 38 FLORIDA STATE L. REV. 707 (2011) (excerpt in PERSPECTIVES ON CONTRACT LAW (Randy Barnett, ed. 2009).

The Myth of Equality in the Employment Relation, 2009 MICH. STATE L. REV. 579.

Intention, Torture and the Concept of State Crime, 114 PENN STATE L. REV. 1 (2009).

Distributive Injustice and Private Law, 60 HASTINGS L. J. 105 (2008).

The Accidental Promise: Remaking the Law of Misrepresented Intent, 2008 UNIV. OF ILL. L. REV. 985.

Varieties of Employee Ownership: Some Unintended Consequences of Corporate Law and Labor Law, 10 UNIV. OF PENN. J. BUS. & EMPLOYMENT L. 305 (2008).

Deliberative Autonomy and Legitimate State Purpose under the First Amendment, 68 ALBANY L. REV. 815 (2005).

The Political Economy of Merger Regulation, 53 AM. J. COMP. L. 1 (2005) (reprinted in ed. J. Galloway, MERGERS AND ACQUISITIONS VOL. III (Ashgate, 2012).

Compulsory Licensing and the Duty of Good Faith in TRIPS, 55 STAN. L. REV. 1529 (2003).

Unions and the Duty of Good Faith in Employment Contracts, 112 YALE L.J. 1881 (2003).

Political Citizenship in Britain and Germany, 9 GERMAN POL. 161 (2000).