Erik Encarnacion
- Assistant Professor
Erik Encarnacion’s research focuses on the moral and conceptual foundations of private law, including contract law, tort law, and antidiscrimination law. His work appears in law reviews and peer-reviewed journals and has been presented at prestigious forums. Before joining Texas Law, Professor Encarnacion was a Law & Philosophy Fellow at UCLA and a Climenko Fellow at Harvard. He completed a Ph.D. in philosophy from USC and clerked for the Honorable Ronald Lee Gilman on the U.S. Court of Appeals for the Sixth Circuit.
Featured Work
Erik Encarnacion’s research focuses on the moral and conceptual foundations of private law, especially contract law, tort law, and more recently, the private law aspects of antidiscrimination law. His work appears in law reviews and peer-reviewed journals, and has been selected for presentation at the Harvard/Yale/Stanford Junior Faculty Forum and the Analytic Legal Philosophy Conference. Before coming to Texas Law, he was a Law & Philosophy Fellow at UCLA School of Law and a Climenko Fellow at Harvard Law School.
Professor Encarnacion completed a Ph.D. in philosophy from the University of Southern California. Before USC, he was a litigation associate in the Dallas and New York offices of Weil, Gotshal & Manges LLP. He also clerked for the Honorable Ronald Lee Gilman on the U.S. Court of Appeals for the Sixth Circuit in Memphis, Tennessee.
Professor Encarnacion received his J.D. from Columbia Law School, where he was awarded the Milton B. Conford Prize in Jurisprudence. Before law school he graduated magna cum laude in philosophy from Princeton University. He grew up in El Paso, Texas.
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year-2024
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Article
Making Whole, Making Better, and Accommodating Resilience
Erik Encarnacion. “Making Whole, Making Better, and Accommodating Resilience.” In 108 Minnesota Law Review, Page 1335 (February 21, 2024). View online.
year-2022
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Article
Text is Not Law
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Article
Resilience, Retribution, and Punitive Damages
Erik Encarnacion. “Resilience, Retribution, and Punitive Damages.” In 100 Texas Law Review, (July 2022). View online. -
Article
The Oath Doesn't Require Originalist Judges
Erik Encarnacion, Guha Krishnamurthi. “The Oath Doesn't Require Originalist Judges.” In 15 Harvard Law and Policy Review, Page 571 (2021). View online.
year-2020
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Article
Discrimination, Mandatory Arbitration, and Courts
Erik Encarnacion. “Discrimination, Mandatory Arbitration, and Courts.” In 108 Georgetown Law Journal, Page 855 (April 24, 2020). View online.
year-2019
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Article
Boilerplate Indignity
Erik Encarnacion. “Boilerplate Indignity.” In 94 Indiana Law Journal, Page 1305 (Fall 2019). View online.
year-2018
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Article
Contract as Commodified Promise
Erik Encarnacion. “Contract as Commodified Promise.” In 71 Vanderbilt Law Review, Page 61 (2018).
year-2016
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Article
Backpay for Exonerees
Erik Encarnacion. “Backpay for Exonerees.” In 29 Yale Journal of Law and the Humanities, Page 245 (2017). -
Article
Why and How to Compensate Exonerees
Erik Encarnacion. “Why and How to Compensate Exonerees.” In 114 Michigan Law Review First Impressions, Page 139 (2016).
year-2014
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Article
Corrective Justice as Making Amends
Erik Encarnacion. “Corrective Justice as Making Amends.” In 61 Buffalo Law Review, Page 451 (2014).