*Senior research scholar, Yale Law School; Professor of Law, Haifa Law School; Member, Israel Standard Contracts Tribunal. I am grateful for the inspiring hospitality of Yale Law School, a true “community of scholars and society of friends,” as well as to Haifa Law School. In embarking on this project I have benefited greatly from the challenging and generous mentoring of Neil Cohen. For critical comments I am likewise grateful to Aharon Barak, Lior Barshak, Phillip Hamburger, Menachem Mautner, Eric Posner, Yoram Shachar, and Larry Solan, as well as for the cordial support of Larry Solum. Earlier versions of this article were presented during a sabbatical at Columbia Law School and at workshops at the University of Connecticut Law School, Humboldt University in Berlin, Haifa Law School, the Interdisciplinary Center, and at the 2007 Law and Society presidential panel on empirical research on contract law honoring Stuart Macaulay.