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SHAWN J. BAYERN

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Shawn J. Bayern

Position
Larry and Joyce Beltz Professor of Torts and Associate Dean for Technology
Contact Information

Florida State University
College of Law
Advocacy Center, Room A202B
Phone: 850.644.8308
sbayern@law.fsu.edu

Education

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

Related Links

Vita
Social Science Research Network

Professor Bayern's research focuses on the common law, primarily in contract
law, tort law, and organizational law. He teaches Torts, Contracts, Agency &
Partnership, and other related courses.

His research has criticized formalism and economic simplifications of the law.
For example, in The Analytical Failures of Law and Economics (Cambridge
University Press, 2023), he surveyed leading law-and-economics arguments and
showed them to be fragile, self-contradictory, or otherwise problematic. His
research has also offered creative transactional solutions to legal problems.
In Autonomous Organizations (Cambridge University Press, 2021), he showed that
modern LLCs are flexible enough to give legal personhood to software and
considered the consequences of that capability. 

Professor Bayern is also the author of an introduction to the common law
titled Principles and Possibilities in Common Law (West Academic, 2023) and,
with Mel Eisenberg of Berkeley Law, of the Gilbert Law Summary on
Contracts (West Academic, 15th ed. 2021). He is an elected member of the
American Law Institute and serves as adviser to the Restatement (Third) of
Torts: Miscellaneous Provisions and the Restatement (Third) of Torts: Medical
Malpractice.

Before joining FSU Law, Professor Bayern was a visiting assistant professor at
Duke Law School. He has also visited at Berkeley and Northwestern’s law schools.
As a law student, he was editor-in-chief of the California Law Review and a
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 software framework for computer security that has been adopted
by many universities, including Florida State.  He served as associate dean for
academic affairs at Florida State from 2019 to 2023.

 

Select Recent and Forthcoming Publications

A Research Agenda for Organizational Law (Edward Elgar) (forthcoming 2024)

Principles and Possibilities in Common Law (West Academic) (forthcoming 2023)

The Analytical Failures of Law and Economics (Cambridge University Press)
(forthcoming 2023)

Autonomous Organizations (Cambridge University Press 2021)

Gilbert Law Summaries on Contracts (with Melvin A. Eisenberg) (15th ed., West
Academic 2020)

Closely Held Organizations (2d ed., Carolina Academic Press 2020)

Reverse Engineering (by) Artificial Intelligence, in Research Handbook on
Intellectual Property and Artificial Intelligence (Edward Elgar) (forthcoming
2022)

Introduction to Contract Law, in Laws of Medicine: Core Legal Aspects for the
Healthcare Professional (Springer) (forthcoming 2022)

Intelligent Remedies, in The Cambridge Handbook on Artificial Intelligence and
The Law (Cambridge University Press) (forthcoming 2022)

Agreements, Algorithms, and Agency, in The Cambridge Handbook of the Law of
Algorithms (Woody Barfield, editor) (Cambridge University Press 2020)

Implied Organizations and Technological Governance, 64 Wm. & Mary L. Rev. __
(forthcoming 2023)

Adventures with an Artificially Intelligent Language Model (and What It Might
Say About the Law), 25 Green Bag 2d __ (forthcoming 2022)

Business Law Beyond Business, 46 J. Corp L. 521 (2021)

Are Autonomous Entities Possible?, 114 Nw. U. L. Rev. Online 23 (2019)



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