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College of Law

Florida State University



Shawn J. Bayern

Shawn J. Bayern

Larry and Joyce Beltz Professor of Torts

Florida State University
College of Law
Advocacy Center, Room A202B
Phone: 850.644.8308
Fax: 850.644.5487


J.D., University of California, Berkeley, 2006 
B.S., Yale University, 1999

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Professor Bayern's research focuses on common-law issues, primarily in contracts, torts and organizational law. He has recently written articles criticizing formalism and economic simplifications of the law. He teaches Torts, Contracts, Agency & Partnership and other related courses.

Before arriving at Florida State Law, Professor Bayern was a visiting assistant professor at Duke Law School. He has also served as a law clerk for the Honorable Harris Hartz of the United States Court of Appeals for the Tenth Circuit, for the Office of the Solicitor General, and at the appellate staff of the Civil Division of the United States Department of Justice. As a law student, he was editor-in-chief of the California Law Review and recipient of the Thelen Marrin Prize for Academic Achievement, given annually at graduation to the student with the strongest academic record.

Before his legal career, Professor Bayern worked in computing research, served on groups responsible for developing programming languages, and wrote several books and articles about computer programming. He also created the Central Authentication Service (CAS), a framework for computer security that has been adopted by many universities, including Florida State.

Select Recent Publications

THE FAILURE OF LAW AND ECONOMICS (under contract, Harvard University Press)

CLOSELY HELD ORGANIZATIONS (Carolina Academic Press 2014)

The Nature and Timing of Contract Formation, in COMPARATIVE CONTRACT LAW: BRITISH AND AMERICAN PERSPECTIVES (Martin Hogg & Larry DiMatteo, editors) (Oxford University Press 2015)

Contract Meta-Interpretation, 49 U.C. Davis L. Rev. 1097 (2016)

Three Problems (and Two Solutions) in the Law of Partnership Formation, 49 U. Mich. J.L. Ref. 605 (2016)

The Limits of Economic Reasoning in Analyzing Duress, 99 Minn. L. Rev. Headnotes 141 (2015)

Offer and Acceptance in Modern Contract Law: A Needless Concept, 103 Calif. L. Rev. 67 (2015)

The Implications of Modern Business-Entity Law for the Regulation of
Autonomous Systems
, 19 Stan. Tech. L. Rev. 93 (2015)

Of Bitcoins, Independently Wealthy Software, and the Zero-Member LLC, 108 Nw. U. L. Rev. 1485 (2014)

Dynamic Common Law and Technological Change: The Classification of Bitcoin, 71 Wash. & Lee L. Rev. Online 22 (2014)

The Expectation Interest and Its Discontents (with Mel Eisenberg), 2013 Mich. St. L. Rev. 1 (2013)