E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Last fall, I saw my recidivist coauthor, Barry Nalebuff, and was struck by how much weight he’d lost. He had a clearly different body shape. I told him he looked great. Barry turned to my spouse (and coauthor) Jennifer Brown and said, “I’m doing it on my own, so I don’t have to use that [expletive] stickK.com.”
I was shocked. Not so much at the language. I’ve heard Barry drop the F-bomb a time or two. But it was so bizarre to have Barry shy away from using a commitment contract. Barry is a world-class game theorist who hasn’t only written about the benefits of commitment devices; he’s also used them to lose weight. He’s the father of the bathing suit diet. Back in 1993 on the first day of a business school course on game theory, Barry promised to teach his last class of the semester in a Speedo if he hadn’t lost fifteen pounds by then. The threat of humiliation was a pretty strong commitment, and sure enough his business students never got to see what I just saw this past summer at the pool — the sight of Barry Nalebuff in a swimsuit.
So it came as a sobering surprise to hear Barry Nalebuff express such unbridled emotion when he said he was dieting on his own to avoid using “that [expletive] stickK.com.” What was he thinking? Of course, Barry’s cri de coeur has something to do with the fact that I’m one of the cofounders of stickK. To be my friend is to know that a stickK contract is an option. Implicitly, I think Barry as a game-theorist was already thinking a step ahead. He understood that if he can’t lose weight on his own, he’s going to have to take bolder action.
I never realized it before, but the mere existence of stickK is providing a service to some people who know of it but never use it. Part of Barry’s motivation to lose weight on his own is to avoid having to use stickK. I must admit that this indirect commitment effect wasn’t foremost in our minds when my cofounders and I set off to create a commitment store. But we’re happy to be of service.
Barry made this backstop benefit of stickK explicit when I asked him later about what prompted him to say what he did. Barry, with typical acuity, said, “If at first you don’t succeed, then use stickK.”