The John M. Olin Center

Faculty Discussion Papers

The following is a complete list of discussion papers by number from the present to the beginning of the series. Any paper whose number is underscored can be downloaded by clicking on its number and following the onscreen instructions. More papers will be added over time.

Important notice: Future additions to the Discussion Paper Series will be announced by email, but you must be added to our email List in order to receive these announcements. For instructions on how to subscribe, please see our Mailing List Subscription Page.

2014

787.

Lucia Reisch & Cass R. Sunstein, Redesigning Cockpits: Introduction to Special Issue of Journal of Consumer Policy on Behavioural Economics, Environmental Policy and the Consumer, 07/2014.

786.

Cass R. Sunstein, Active Choosing or Default Rules? The Policymaker's Dilemma, 07/2014.

785.

Cass R. Sunstein, Financial Regulation and Cost-Benefit Analysis: A Comment, 07/2014; forthcoming in Yale Law Journal Forum.

784.

Cass R. Sunstein, The Limits of Quantification, 07/2014; forthcoming in California Law Review.

783.

Edward L. Glaeser & Cass R. Sunstein, Moneyball for State Regulators, 07/2014; published in National Affairs, Issue 20 (Summer 2014).

782.

Cass R. Sunstein, Requiring Active Choosing is a Form of Paternalism, 07/2014.

781.

John C. Coates IV, Mergers, Acquisitions and Restructuring: Types, Regulation, and Patterns of Practice, 07/2014; forthcoming in Oxford Handbook on Corporate Law and Governance.

780.

Cass R. Sunstein, Choosing Not to Choose, 07/2014; forthcoming in Duke Law Journal.

779.

Cass R. Sunstein, Nudges vs. Shoves, 07/2014; published in Harvard Law Review Forum, Vol. 127 (April 2014).

778.

Holger Spamann, The US Crime Puzzle: A Comparative Perspective on US Crime & Punishment, 07/2014.

777.

Edward L. Glaeser & Cass R. Sunstein, Does More Speech Correct Falsehoods?, 06/2014; published in the Journal of Legal Studies, Vol. 43, No. 1 (2014).

776.

Cass R. Sunstein, The Regulatory Lookback, 06/2014; forthcoming in Boston University Law Review Symposium on Political Dysfunction and the Constitution (November 2013).

775.

Cass R. Sunstein & Adrian Vermeule, The Law of 'Not Now', 06/2014; forthcoming in Georgetown Law Journal.

774.

Cass R. Sunstein, On Not Revisiting Official Discount Rates: Institutional Inertia and the Social Cost of Carbon, 06/2014; published in American Economic Review: Papers & Proceedings (2014).

773.

Cass R. Sunstein, Nonsectarian Welfare Statements, 06/2014; forthcoming in Regulation & Governance.

772.

Lucian A. Bebchuk & Robert J. Jackson, Jr., Toward a Constitutional Review of the Poison Pill, 06/2014; forthcoming in Columbia Law Review, Vol. 114 (October 2014).

771.

Robert H. Sitkoff, Trusts and Estates: Implementing Freedom of Disposition, 06/2014; published in the St. Louis University Law Journal, Vol. 58, No. 3 (2014).

770.

Robert H. Sitkoff, The Fiduciary Obligations of Financial Advisors Under the Law of Agency, 06/2014; published in the Journal of Financial Planning, Vol. 27, No. 2 (2014).

769.

Robert H. Sitkoff, An Economic Theory of Fiduciary Law, 06/2014; forthcoming in Philosophical Foundations of Fiduciary Law, Andrew Gold & Paul Miller eds., Oxford University Press (2014).

768.

Steven Shavell, A General Rationale for a Governmental Role in the Relief of Large Risks, 05/2014; forthcoming in the Journal of Risk and Uncertainty.

767.

J. Mark Ramseyer, Social Capital and the Formal Legal System: Evidence from Prefecture-Level Data in Japan, 4/2014.

766.

Leo E. Strine, Jr., Can We Do Better by Ordinary Investors? A Pragmatic Reaction to the Dueling Ideological Mythologists of Corporate Law, 3/2014; published in Columbia Law Review, Vol. 114, Issue 2 (2014).

765.

Louis Kaplow, Market Definition: Impossible and Counterproductive, 2/2014; published in Antitrust Law Journal, Vol. 79, No. 1 (2013).

764.

Lucian A. Bebchuk & Allen Ferrell, Rethinking Basic, 2/2014.

763.

Mark Ames, Til Schuermann & Hal S. Scott, Bank Capital for Operational Risk: A Tale of Fragility and Instability, 2/2014.

762.

Mark J. Roe, Structural Corporate Degradation Due to Too-Big-To-Fail Finance, 2/2014; forthcoming in University of Pennsylvania Law Review.

761.

Mark J. Roe, Clearinghouse Overconfidence, 2/2014; published in California Law Review (December 2013).

760.

Mark J. Roe, Corporate Short-Termism - In the Boardroom and in the Courtroom, 2/2014; published in The Business Lawyer, Vol. 68, No. 4 (2013).

759.

Mark J. Roe & Frederick Tung, Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain, 2/2014; published in Virginia Law Review, Vol. 99, No. 6 (2013).

758.

John C. Coates IV & Suraj Srinivasan, SOX after Ten Years: A Multidisciplinary Review, 01/2014; forthcoming in Accounting Horizons.

757.

John C. Coates IV, Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications, 01/2014.

756.

Steven Shavell, Risk Aversion and the Desirability of Attenuated Legal Change, 01/2014; forthcoming in American Law and Economics Review.

2013

755.

Lucian A. Bebchuk, The Myth That Insulating Boards Serves Long-Term Value, 09/2013; forthcoming in Columbia Law Review, Vol. 113, October 2013.

754.

Claudia M. Landeo & Kathryn E. Spier, Shotgun Mechanisms for Common-Value Partnerships:  The Unassigned-Offeror Problem, 09/2013; forthcoming in Economics Letters.

753.

Claudia M. Landeo & Kathryn E. Spier, Shotguns and Deadlocks, 08/2013; forthcoming in Yale Journal on Regulation.

752.

Claudia M. Landeo & Kathryn E. Spier, Irreconcilable Differences: Judicial Resolution of Business Deadlock, 08/2013; forthcoming in University of Chicago Law Review.

751.

Einer Elhauge, Obamacare and the Theory of the Firm, 07/2013; forthcoming in The Future of Health Care Reform, Malani and Schills, eds., U. Chicago Press, 2014.

750.

J. Mark Ramseyer & Eric B. Rasmusen, Lowering the Bar to Raise the Bar: Licensing Difficulty and Attorney Quality in Japan, 07/2013.

749.

Louis Kaplow, Likelihood Ratio Tests and Legal Decision Rules, 06/2013; forthcoming in American Law and Economics Review.

748.

Maija Halonen-Akatwijuka & Oliver Hart, More is Less: Why Parties May Deliberately Write Incomplete Contracts, 05/2013.

747.

T. Christopher Borek, Angelo Frattarelli, & Oliver Hart, Tax Shelters or Efficient Tax Planning? A Theory of the Firm Perspective on the Economic Substance Doctrine, 05/2013.

746.

Louis Kaplow, Market Definition Alchemy, 05/2013; subsequently published in Antitrust Bulletin, Vol. 57, 2012, 915-952.

745.

Louis Kaplow, Market Definition, 05/2013; forthcoming in The Oxford Handbook of International Antitrust Economics (Roger D. Blair & D. Daniel Sokol, ed., 2013).

744.

Luca Enriques, Ronald J. Gilson, & Alessio M. Pacces, The Case for an Unbiased Takeover Law (with an Application to the European Union), 05/2013.

743.

Jesse M. Fried, Insider Trading Via the Corporation, 05/2013.

742.

Brian Broughman & Jesse M. Fried, Carrots & Sticks: How VCs Induce Entrepreneurial Teams to Sell Startups, 03/2013.

741.

J. Mark Ramseyer, Bottom-Feeding at the Bar: Usury Law and Value-Dissipating Attorneys in Japan, 03/2013.

740.

Leo E. Strine, Jr., Lawrence A. Hamermesh, & Matthew C. Jennejohn, Putting Stockholders First, Not the First-Filed Complaint, 01/2013.

2012

739.

A. Mitchell Polinsky & Steven Shavell, Costly Litigation and Optimal Damages, 11/2012; subsequently published in International Review of Law and Economics, Vol. 37 (March 2014).

738.

Mark J. Roe, The Corporate Shareholder's Vote and its Political Economy, in Delaware and in Washington, 10/2012.

737.

Mark J. Roe, A Spatial Representation of Delaware-Washington Interaction in Corporate Lawmaking, 10/2012.

736.

Mark J. Roe, Derivatives Markets in Bankruptcy, 10/2012; subsequently published in Comparative Economic Studies, Vol. 55, (2013), 519-534.

735.

Mark J. Roe & Federico Cenzi Venezze, A Capital Market, Corporate Law Approach to Creditor Conduct, 10/2012; subsequently published in Michigan Law Review, Vol. 59 (2013).

734.

Mark J. Roe & Joo-Hee Chung, How the Chrysler Reorganization Differed from Prior Practice, 10/2012; subsequently published in The Journal of Legal Analysis (Winter 2013).

733.

J. Mark Ramseyer, The Fable of Land Reform: Expropriation and Redistribution in Occupied Japan, 10/2012.

732.

Louis Kaplow, Multistage Adjudication, 09/2012; forthcoming in Harvard Law Review, 2013.

731.

Steven Shavell, A Fundamental Enforcement Cost Advantage of the Negligence Rule over Regulation, 09/2012; subsequently published in The Journal of Legal Studies, Vol. 42 (June 2013).

730.

Holger Spamann, Derivatives Trading and Negative Voting, 09/2012.

729.

John C. Coates IV, Allocating Risk Through Contract: Evidence from M&A and Policy Implications, 09/2012.

728.

Lucian A. Bebchuk & Robert J. Jackson, Jr., Shining Light on Corporate Political Spending, 09/2012; forthcoming in Georgetown Law Journal, Vol. 101, April 2013.

727.

J. Mark Ramseyer, Litigation and Social Capital: Divorces and Traffic Accidents in Japan, 08/2012.

726.

Cass Sunstein, Empirically Informed Regulation, 08/2012; subsequently published in University of Chicago Law Review, Vol. 78, Issue 4, Fall 2011, 1113-1685.

725.

Jesse M. Fried, Insider Trading Via the Corporation, 08/2012.

724.

Einer Elhauge & Alex Krueger, Solving the Patent Settlement Puzzle, 08/2012.

723.

Einer Elhauge & Abraham L. Wickelgren, Anti-Competitive Market Division Through Loyalty Discounts Without Buyer Commitment, 08/2012.

722.

Einer Elhauge & Abraham L. Wickelgren, Robust Exclusion Through Loyalty Discounts With Buyer Commitment, 08/2012.

721.

Brian Broughman, Jesse M. Fried & Darian Ibrahim, Delaware Law as Lingua Franca: Evidence from VC-Backed Startups, 07/2012.

720.

John C.P. Goldberg & Robert H. Sitkoff, Torts & Estates: Remedying Wrongful Interference with Inheritance, 07/2012; published in Stanford Law Review, Vol. 65, No. 2 (2013).

719.

Claudia M. Landeo & Kathryn E. Spier, Incentives and Contract Frames Comment, 07/2012; subsequently published in Journal of Institutional and Theoretical Economics, Vol. 168, 2012, 83-88.

718.

Claudia M. Landeo & Kathryn E. Spier, Exclusive Dealing and Market Foreclosure: Further Experimental Results, 07/2012; subsequently published in Journal of Institutional and Theoretical Economics, Vol. 168, 2012, 150-170.

717.

Claudia M. Landeo & Kathryn E. Spier, It Takes Three to Tango: An Experimental Study of Contracts with Stipulated Damages, 07/2012.

716.

Brian J. Broughman & Jesse M. Fried, Do VCs Use Inside Rounds to Dilute Founders? Some Evidence from Silicon Valley, 07/2012; forthcoming in Journal of Corporate Finance.

715.

David Rosenberg & Kathryn E. Spier, On Structural Bias in the Litigation of Common Question Claims, 06/2012.

714.

J. Mark Ramseyer, Products Liability and Product Safety: Japan and the U.S., 06/2012.

713.

Morgan Ricks, Reforming the Short-Term Funding Markets, 05/2012.

712.

Louis Kaplow, On the Optimal Burden of Proof, 01/2012; subsequently published in Journal of Politlcal Economy, Vol. 119, No. 6, 2011, 1104-1140.

2011

711.

Robert H. Sitkoff, Trust Law as Fiduciary Governance Plus Asset Partitioning, 11/2011; forthcoming in L. Smith, ed., The Worlds of the Trust (Cambridge University Press, 2012).

710.

Louis Kaplow, Burden of Proof, 11/2011; subsequently published in Yale Law Journal, Vol. 121, No. 4, January 2012, 738-859.

709.

Jesse Fried & Nitzan Shilon, Excess-Pay Clawbacks, 11/2011; subsequently published in Journal of Corporation Law, Vol. 26, 2011, 722-751.

708.

708. Steven Shavell, Should BP Be Liable for Economic Losses Due to the Moratorium on Oil Drilling Imposed after the Deepwater Horizon Accident? 10/2011; subsequently published in the Vanderbilt Law Review, Vol. 64, No. 6, 2011, 1995-2008.

707.

Einer Elhauge & Abraham Wickelgren, Anti-Competitive Exclusion and Market Division Through Loyalty Discounts, 09/2011.

706.

Morgan Ricks, A Regulatory Design for Monetary Stability, 09/2011; forthcoming in Vanderbilt Law Review.

705.

J. Mark Ramseyer, Insider Trading Regulation in Japan, 08/2011; forthcoming in Research Handbook on Insider Trading, Stephen M. Bainbridge (ed.), Edward Elgar, 2012.

704.

Daniel Klerman, Paul Mahoney, Holger Spamann & Mark Weinstein, Legal Origin or Colonial History, 08/2011; subsequently published in Journal of Legal Analysis, Vol. 3, 2011, 379-409.

703.

Louis Kaplow, Direct versus Communications-Based Prohibitions on Price Fixing, 07/2011; subsequently puiblished in Journal of Legal Analysis, Vol. 3, No. 2, Winter 2011, 449-538.

702.

Lucian Bebchuk & Robert J. Jackson, Jr., The Law and Economics of Blockholder Disclosure, 07/2011.

701.

Louis Kaplow, An Optimal Tax System, 07/2011; subsequently published in Fiscal Studies, Vol. 32, No. 3, 2011, 415-435.

700.

Mark J. Roe, The Derivative Market's Payment Priorities as Financial Crisis Accelerator, 06/2011; subsequently published in Stanford Law Review, Vol. 63, 2011, 539-590.

699.

Mark J. Roe, Capital Markets and Financial Politics: Preferences and Institutions, 06/2011; forthcoming in Oxford Handbook on Capitalism, 2011.

698.

J. Mark Ramseyer, Why Power Companies Build Nuclear Reactors on Fault Lines: The Case of Japan, 06/2011; forthcoming in Theoretical Inquiries in Law, Vol. 13, No. 2, July 2012.

697.

Lucian A. Bebchuk, Alma Cohen, and Charles C.Y. Wang, Staggered Boards and the Wealth of Shareholders: Evidence from Two Natural Experiments, 6/11.

696.

Jesse M. Fried, Share Repurchases, Equity Issuances, and the Optimal Design of Executive Pay, 5/11; subsequently published in Texas Law Review, Vol. 89, 2011, 1113-1147.

695.

Louis Kaplow, Market Definition and the Merger Guidelines, 5/11, subsequently published in, Review of Industrial Organization, Vol. 39, 2011, 107-125.

694.

Louis Kaplow, An Economic Approach to Price Fixing, 5/11; subsequently published in Antitrust Law Journal, Vol. 77, Issue 2, 2011, 343-449.

693.

Louis Kaplow, On the Choice of Welfare Standards in Competition Law, 5/11, subsequently published in Goals of Competition Law (Zimmer, ed., Edward Elgar), 2012, 3-26.

692.

Louis Kaplow, Market Share Thresholds: On the Conflation of Empirical Assessments and Legal Policy Judgments, 5/11; subsequently published in The Journal of Competition Law and Economics, Vol. 7, 2011, 243-276.

691.

Louis Kaplow, On the Meaning of Horizontal Agreements in Competition Law, 5/11; subsequently published in California Law Review, Vol. 99, No. 3, June 2011, 683-818.

690.

J. Mark Ramseyer and Eric B. Rasmusen, Can the Treasury Exempt its Own Companies from Tax? The $45 Billion GM NOL Carryforward, 5/11; subsequently published in Cato Papers on Public Policy, Vol. 1, 2011, 1-54.

689.

Robert Sitkoff, The Economic Structure of Fiduciary Law, 3/11; subsequently published in Boston University Law Review, Vol. 91, 1039-1049.

688.

Thomas W. Merrill & Henry E. Smith, Making Coasean Property More Coasean, 2/11.

687.

J. Mark Ramseyer, Do School Cliques Dominate Japanese Bureaucracies? Evidence from Supreme Court Appointments, 2/11; subsequently published in Washington University Law Review, Vol. 88, No. 6, 2011, 1681-1711.

2010

686.

J. Mark Ramseyer, Law & Economics in Japan, 12/10; subsequently published in University of Illinois Law Review, Vol. 2011, No. 5, 2011, 1455-1474.

685.

Bo Becker, Daniel Bergstresser, and Guhan Subramanian, Does Shareholder Proxy Access Improve Firm Value? Evidence from the Business Roundtable Challenge, 12/10; forthcoming in Journal of Law & Economics.

684.

John C. Coates IV, Corporate Governance and Corporate Political Activity: What Effect will Citizens United have on Shareholder Wealth?, 12/10.

683.

Lucian Bebchuk, Alma Cohen and Charles C. Y. Wang, Golden Parachutes and the Wealth of Shareholders, 12/10.

682.

Steven Shavell, When Is It Socially Desirable For An Individual To Comply With The Law?, 11/10.

681.

J. Mark Ramseyer and Eric B. Rasmusen, Comparative Litigation Rates, 11/10.

680.

Albert Choi and Kathryn E. Spier, Should Consumers be Permitted to Waive Products Liability? Product Safety, Private Contracts, and Adverse Selection, 9/10.

679.

Lucian A. Bebchuk, Martijn Cremers, and Urs Peyer, The CEO Pay Slice, 9/10.

678.

JJ Prescott, Kathryn E. Spier, Albert Yoon, Trial and Settlement: A Study of High-Low Agreements, 9/10; forthcoming in the Journal of Law and Economics.

677.

Lucian A. Bebchuk, How To Fix Bankers' Pay, 9/10; subsequently published in Daedalus, Fall 2010, 1-9.

676.

Lucian A. Bebchuk & Robert J. Jackson, Jr., Corporate Political Speech: Who Decides?, 8/10; subsequently published in Harvard Law Review, Vol. 124, No. 1, November 2010, 83-117.

675.

Louis Kaplow, Taxes, Permits, and Climate Change, 8/10; subsequently published in U.S. Energy Tax Policy, Gilbert E. Metcalf (ed.), Cambridge University Press, 2010, 168-192.

674.

Adrian Vermeule, Open-Secret Voting, 7/10.

673.

Adrian Vermeule, Second Opinions, 7/10; subsequently published as "Second Opinions and Institutional Design" in Virginia Law Review, Vol. 97, 2011, 1435-1474.

672.

Steven Shavell, The Corrective Tax versus Liability As Solutions to the Problem of Harmful Externalities, 7/10.

671.

Steven Shavell, Corrective Taxation versus Liability, 7/10; subsequently published in American Economic Review: Papers & Proceedings, Vol. 101, No. 3, 2011, 273-276.

670.

Luke McCloud & David Rosenberg, A Solution to the Choice-of-Law Problem of Differing State Laws in Class Actions: Average Law, 6/10.

669.

John C. Coates IV, The Powerful and Pervasive Effects of Ownership on M&A, 6/10.

668.

Max M. Schanzenbach and Robert H. Sitkoff, The Prudent Investor Rule and Trust Asset Allocation: An Empirical Analysis, 5/10.

667.

Lucian A. Bebchuk, Alma Cohen, and Charles C. Y. Wang, Learning and the Disappearing Association between Governance and Returns, 4/10.

666.

Louis Kaplow, Why (Ever) Define Markets, 3/10; subsequently published in Harvard Law Review, Vol. 124, No. 2, December 2010, 438-517.

665.

Louis Kaplow, On the Taxation of Private Transfers, 3/10; subsequently published in Tax Law Review, Vol. 63, No. 1, 2009, 159-187.

664.

Einer Elhauge, The Failed Resurrection of the Single Monopoly Profit Theory , 2/10; subsequently published in Competition Policy International, Vol. 6, No. 1, Spring 2010, 155-209.

663.

J. Mark Ramseyer, Talent Matters: Judicial Productivity and Speed in Japan, 2/10; subsequently published in International Review of Law and Economics, Vol. 32, 2012, 38-48.

662.

Einer Elhauge and Abraham L. Wickelgren, Robust Exclusion Through Loyalty Discounts, 1/10.

661.

Lucian Bebchuk and Scott Hirst, Editors, The Harvard Law School Proxy Access Roundtable, 1/10.

660.

Louis Kaplow , Targeted Savings and Labor Supply, 1/10; subsequently published in International Tax & Public Finance, Vol. 18, 2011, 507-518.

659.

Lucian Bebchuk and Ehud Kamar, Bundling and Entrenchment, 1/10; subsequently published in Harvard Law Review, Vol. 123, No. 7, May 2010, 1549-1595.

2009

658.

Lucian Bebchuk and Jesse Fried, Paying for Long-Term Performance, 12/09; subsequently published in University of Pennsylvania Law Review, Vol. 158, No. 7, June 2010, 1915-1959.

657.

Lucian Bebchuk, Alma Cohen, and Holger Spamann, The Wages of Failure: Executive Compensation at Bear Stearns and Lehman 20000-2008, 12/09; subsequently published in Yale Journal on Regulation, Vol. 27, No. 2, Summer 2010, 257-282.

656.

Lucian Bebchuk and Alon Klement, Negative Expected-Value Suits, 12/09.

655.

Steven Shavell, Should Copyright Of Academic Works Be Abolished?, 12/09; subsequently published in Journal of Legal Analysis, Vol. 2, No. 1, 2010, 301-358.

654.

Louis Kaplow, Utility from Accumulation, 12/09; subsequently published in Proceedings, National Tax Association, 102nd Annual Conference on Taxation.

653.

Lucian A. Bebchuk and Scott Hirst, Private Ordering and the Proxy Access Debate, 11/09; subsequently published in The Business Lawyer, Vol. 65, No. 2, February 2010, 329-359.

652.

Lucian A. Bebchuk and Michael S. Weisbach, The State of Corporate Governance Research, 11/09; subsequently published in The Review of Financial Studies, Vol. 23, No. 3, March 2010, 939-961.

651.

Alma Cohen and Peter Siegelman, Testing for Adverse Selection in Insurance Markets, 11/09; subsequently published in The Journal of Risk and Insurance, Vol. 77, No. 1, March 2010, 39-84.

650.

Mark J. Roe & Jordan I. Siegel, Finance and Politics: A Review Essay Based on Kenneth Dam’s Analysis of Legal Traditions in TheLaw-Growth Nexus, 9/09; subsequently published in Journal of Economic Literature, Vol. 47, 2009, 781-800.

649.

James D. Dana, Jr. & Kathryn E. Spier, Bundling and Firm Reputation, 9/09.

648.

J. Mark Ramseyer, The Effect of Universal Health Insurance on Malpractice Claims: The Japanese Experience, 9/09; subsequently published in Journal of Legal Analysis, Vol. 2, No. 2, Fall 2010, 621-685.

647.

Steven Shavell and A. Mitchell Polinsky, The Uneasy Case for Product Liability; subsequently published in Harvard Law Review, Vol. 123, 2010, 1437-1492.

646.

Einer Elhauge, Why the Google Books Settlement is Procompetitive, 8/09, revised December 30, 2009; subsequently published in Journal of Legal Analysis, Vol. 2, No. 1, Winter 2010, 1-68.

645.

Mark J. Roe and David Skeel, Assessing the Chrysler Bankruptcy, 8/09; subsequently published in Michigan Law Review, Vol. 108, March 2010, 727-772.

644.

John Armour, Henry Hansmann, and Reinier Kraakman, Agency Problems, Legal Strategies, and Enforcement, 7/09.

643.

John Armour, Henry Hansmann, and Reinier Kraakman, The Essential Elements of Corporate Law: What is Corporate Law?, 7/09; subsequently published as “What is Corporate Law?” in The Anatomy of Corporate Law (Oxford University Press, 2009).

642.

Adrian Vermeule, System Effects and the Constitution, 7/09.

641.

Lucian A. Bebchuk and Holger Spamann, Regulating Bankers' Pay, 6/09; subsequently published in Georgetown Law Journal, Vol. 98, No. 2, January 2010, 247-287.

640.

Allen Ferrell and Atanu Saha, Securities Litigation and the Housing Market Downturn, 5/09.

639.

Eric A. Posner, Kathryn Spier, Adrian Vermeule, Divide and Conquer, 5/09; subsequently published in the Journal of Legal Analysis, Vol. 2, No. 2, Fall 2010, 417-471.

638.

Mark Roe, Public and Private Enforcement of Securities Laws: Resource-Based Evidence, 4/09; with Howell Jackson, subsequently published in Journal of Financial Economics, Vol. 93, 2009, 207-238.

637.

Mark Roe, Washington and Delaware As Corporate Lawmakers, 4/09; subsequently published as "Delaware and Washington as Corporate Lawmakers," in Delaware Journal of Corporate Law, Vol. 34, 2009, 1-33.

636.

Lucian A. Bebchuk, Buying Troubled Assets, 4/09; subsequently published in Yale Journal on Regulations, Vol. 26, No. 2, Summer 2009, 343-358.

635.

Mark Roe, Is Delaware's Corporate Law Too Big to Fail, 4/09.

634.

Yehonatan Givati and Matthew C. Shephenson, Judicial Deference to Inconsistent Agency Statutory Interpretations, 4/09; subsequently published in Journal of Legal Studies, Vol. 40, January 2011, 85-113.

633.

Lucian A. Bebchuk and Assaf Hamdani, The Elusive Quest for Global Governance Standards, 4/09.

632.

R.W. Brooks, Claudia M. Landeo, and Kathryn E. Spier, Trigger Happy or Gun Shy? Dissolving Common-Value Partnerships with Texas Shootouts, 3/2009; forthcoming in the RAND Journal of Economics.

631.

Steven Shavell, Why Breach of Contract May Not Be Immoral Given the Incompleteness of Contracts, 3/2009.

630.

630. Leo E. Strine, Jr., Lawrence A. Hamermesh, R. Franklin Balotti, Jeffrey M. Gorris, Loyalty's Core Demand: The Defining Role of Good Faith in Corporation Law, 3/2009.

629.

Einer Elhauge, Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory, 4/2009, Revised 09/09; subsequently published in the Harvard Law Review, Vol. 123, No. 2, December 2009, 397-481.

628.

Minoru Nakazato, Mark Ramseyer & Eric Rasmusen, Public and Private Firm Compensation Compared: Evidence from Japanese Tax Returns, 2/2009; subsequently published in The Korean Economic Review, Vol. 25, Summer 2009, 5-33.

627.

C. Scott Hemphill & Jeannie Suk, The Law, Culture, and Economics of Fashion, 2/2009.

626.

Lucian Bebchuk, How To Make Tarp II Work, 2/2009.

625.

Steven Shavell, On the Design of the Appeals Process: The Optimal Use of Discretionary Review versus Direct Appeal, 1/2009; subsequently published in Journal of Legal Studies, Vol. 39, January 2010, 63-107.

2008

624.

Mark Ramseyer, Predicting Court Outcomes through Political Preferences: The Japanese Supreme Court and the Chaos of 1993, 12/2008; subsequently published in Duke Law Journal, Vol. 58, No. 7, 2009, 1557-1587.

623.

Lucian Bebchuk and Itay Goldstein, Self-Fulfilling Credit Market Freezes, 12/2008.

622.

Lucian Bebchuk, Unfreezing Credit Markets, 12/2008.

621.

Louis Kaplow, Taxing Leisure Complements, 10/2008; subsequently published in Economic Inquiry, Vol. 48, No. 4, October 2010, 1065-1071.

620.

Lucian Bebchuk, A Plan For Addressing the Financial Crisis, 09/2008.

619.

Mark Ramseyer, The Mortality Effects of Cost Containment Under Universal Health Insurance: The Japanese Experience, 09/2008; subsequently published as “Universal Health Insurance and the Effect of Cost Containment on Mortality Rates: Strokes and Heart Attacks in Japan” in Journal of Empirical Legal Studies, Vol. 6, issue 2, June 2009, 309-342.

618.

Yeon-Koo Che & Kathryn E. Spier, Strategic Judgment Proofing, 02/2008; subsequently published in the RAND Journal of Economics, Vol. 39, No. 4, Winter 2008, 926-948.

617.

Louis Kaplow, Optimal Policy with Heterogeneous Preferences, 07/2008.

616.

Louis Kaplow, The Theory of Taxation and Public Economics, 06/2008; subsequently published as a book by Princeton University Press, 2008.

615.

Matthew C. Stephenson & Jide Nzelibe, Political Accountability Under Alternative Institutional Regimes, 06/2008; subsequently published in Journal of Theoretical Politics, Vol. 22, No. 1, 2010, 139-167.

614.

Einer Elhauge, Do Patent Holdup and Royalty Stacking Lead to Systematically Excessive Royalties?, 07/2008.

613.

Einer Elhauge, Disgorgement as an Antitrust Remedy, 05/2008; subsequently published in Antitrust Law Journal, Vol. 76, 2009, 79-95.

612.

Jennifer E. Bethel, Allen Ferrell, and Gang Hu, Law and Economic Issues in Subprime Litigation, 03/2008; subsequently published as “Legal and Economic Issues in Litigation Arising from the 2007-2008 Credit Crisis” as Chapter 5 of in Prudent Lending Restored: Securitization After the Mortgage Meltdown, Brookings Inst. Press, 2009, 163-235.

611.

J. Mark Ramseyer, Eric Rasmusen, and Manu Raghav, Convictions versus Conviction Rates: The Prosecutor's Choice, 03/2008; subsequently published in American Law and Economics Review, Vol. 11, 2009, 47.

610.

J. Mark Ramseyer, Ringling Bros.-Barnum & Bailey Combined Shows v. Ringling: Bad Appointments and Empty-Core Cycling at the Circus, 01/2008; subsequently published as “The Story of Ringling Bros v. Ringling: Nepotism and Cycling at the Circus” in Corporate Law Stories, J. Mark Ramseyer, editor, Foundation Press, 2009, 135-162.

609.

Robert Sitkoff and Max Schanzenbach, Perpetuities, Taxes, and Asset Protection: An Empirical Assessment of the Jurisdictional Competition for Trust Funds, 05/2008; subsequently published in Annual Heckerling Institute on Estate Planning, Vol. 42, Chapter 14, 2008,1400-1414.

608.

Einer Elhauge, Loyalty Discounts and Naked Exclusion, 02/2008; subsequently published as “How Loyalty Discounts Can Perversely Discourage Discounting” in Journal of Competition Law & Economics, Vol. 5, 2009, 189.

607.

Louis Kaplow, Optimal Taxation, 01/2008; forthcoming in New Palgrave Dictrionary of Economics, 2nd edition.

606.

Alma Cohen, Asymmetric Learning in Repeated Contracting: An Empirical Legal Study. 01/2008.

2007

605.

Alma Cohen, Rajeev Dehejia, and Dmitri Romanov, Do Financial Incentives Affect Fertility, 12/2007.

604.

Claudia M. Landeo and Kathryn E. Spier, Naked Exclusion: An Experimental Study of Contracts with Externalities, 11/2007; subsequently published in American Economic Review, Vol. 99, No. 5, 2009, 1850-1877.

603.

Lucian A. Bebchuk and Zvika Neeman, Investor Protection and Interest Group Politics, 11/2007; subsequently published in The Review of Financial Studies, Vol. 23, No. 3, March 2010, 1089-1119.

602.

Louis Kaplow, Primary Goods, Capabilities,...or Well-Being?, 11/2007; subsequently published in Philosophical Review, Vol. 116, No. 4, 2007, 603.

601.

Lucian A. Bebchuk, Martijn Cremers, and Urs Peyer, CEO Centrality, 11/2007.

600.

J. Mark Ramseyer, Talent and Expertise under Universal Health Insurance: The Case of Cosmetic Surgery in Japan, 10/2007; subsequently published as “The Effect of Cost Suppression Under Universal Health Insurance on the Allocation of Talent and the Development of Expertise: Cosmetic Surgery in Japan” in Journal of Law and Economics, Vol. 52, August 2009, 497-522.

599.

J. Mark Ramseyer, Sex Bias in the Japanese Courts?, 10/2007; subsequently published as “Sex Bias in the Japanese Courts?” in Empirical Studies of Judicial Systems, 2008, 197-218.

598.

Steven Shavell, Eminent Domain versus Government Purchase of Land Given Imperfect Information about Owner's Valuations, 10/2007; subsequently published in Journal of Law and Economics, Vol. 53, 2010, 1-27.

597.

Kathryn E. Spier, Product Safety, Buybacks and the Post-Sale Duty to Warn, 10/2007. Revised 09/2009; subsequently published in Journal of Law, Economics, and Organization, October 2010, 1-25.

596.

Allen Ferrell and Atanu Saha, The Loss Causation Requirement for Rule 10B-5 Causes-of-Action: the Implication of Dura Pharmaceuticals v. Broudo, 8/2007. subsequently published in The Business Lawyer, Vol. 63, No. 1, November 2007.

595.

John C. Coates IV & Reinier Kraakman, CEO Tenure, Performance and Turnover in S&P 500 Companies, 9/2007.

594.

Einer Elhauge, Harvard, Not Chicago: which Antitrust School Drives Recent Supreme Court Decisions, 9/2007. subsequently published in Competition Policy International, Vol. 3, No. 2, Autumn 2007.

593.

Jonathan Klick & Robert H. Sitkoff, Agency Costs, Charitable Trusts, and Corporate Control: Evidence From Hershey’s Kiss-Off, 5/200; subsequently published in The Columbia Law Review, Vol. 108, 749-838.

592.

John C. Coates IV & and R. Glenn Hubbard, Competition in the Mutual Fund Industry: Evidence and Implications for Policy, 8/2007; subsequently published in Journal of Corporation Law, Vol. 33, No. 1, Fall 2007, 151-222.

591.

Yeon-Koo Che & Kathryn E. Spier, Exploiting Plaintiffs Through Settlement: Divide and Conquer, 08/2007; subsequently published in The Journal of Institutional and Theoretical Economics, Vol. 164, No. 1, 2008, 4-23.

590.

Oren Bar-Gill & Lucian Arye Bebchuk, Consent and Exchange, 07/2007; subsequently published in Journal of Legal Studies, Vol. 36, June 2010, 375-397.

589.

Minoru Nakazato & J. Mark Ramseyer, Bonuses and Biases in Japanese Baseball, 06/2007; subsequently published as “Bidding for Ballplayers: A Research Note” in Journal of Japanese Law, No. 26, 2008, 85-99.

588.

Ehud Kamar, Pinar Karaca-Mandic, & Eric Talley, Sarbanes-Oxley's Effects on Small Firms: What is the Evidence, 06/2007.

587.

Atanu Saha & Allen Ferrell, An Asymmetric Payoff-Based Explanation of IPO "Underpricing," 05/2007.

586.

Theodore N. Mirvis, Paul K. Rowe, & William Savitt, Bebchuk's "Case for Increasing Shareholder Power": An Opposition, 05/2007.

585.

Leo E. Strine, Jr., Toward Common Sense and Common Ground? Reflections on the Shared Interests of Managers and Labor in a More Rational System of Corporate Governance, 05/2007.

584.

Mikael Adolphson & J. Mark Ramseyer, Property Rights in Medieval Japan: The Role of Buddhist Temples and Monasteries, 04/2007; subsequently published as “The Competitive Enforcement of Property Rights in Medieval Japan: The role of Temples and Monasteries” in Journal of Economic Behavior & Organization, Vol. 71, 2009, 660-668.

583.

Howell E. Jackson, Counting the Ways: The Structure of Federal Spending, 03/2007; subsequently published in Fiscal Challenges: An Interdisciplinary Approach to Budget Policy, Elizabeth Garrett, Elizabeth Graddy, & Howell Jackson, eds., Cambridge, UK: Cambridge University Press, 2007.

582.

Alma Cohen & Liran Einav, Estimating Risk Preferences from Deductible Choice, 03/2007; subsequently published in The American Economic Review, Vol. 97, 745-788.

581.

John R. Lott, Jr. & J. Mark Ramseyer, Peer Effects in Affirmative Action: Evidence from Law Student Performance, 03/2007; subsequently published in International Review of Law & Economics, Vol. 31, 2011, 1-15.

580.

Max M. Schanzenbach & Robert H. Sitkoff, Did Reform of Prudent Trust Investment Laws Change Trust Portfolio Allocation?, 01/2007; subsequently published in Journal of Law & Economics, Vol. 50, November 2007, 681-711.

579.

Howell E. Jackson & Stavros Gkantinis, Markets as Regulators: A Survey, 01/2007; subsequently published in Southern California Law Review, Vol. 80, No. 6, September 2007, 1239-1382.

578.

Assaf Hamdani & Reinier Kraakman, Rewarding Outside Directors, 01/2007; subsequently published in Michigan Law Review, Vol. 105, No. 8, June 2007, 1677-1712.

577.

Howell E. Jackson & Stacy A. Anderson, Can States Tax National Banks to Educate Consumers About Predatory Lending Practices?, 01/2007; subsequently published in Harvard Journal of Law and Public Policy, Vol. 30, No. 3, Summer 2007, 831-884.

576.

Kern Alexander, Eilís Ferran, Howell E. Jackson & Niamh Moloney, A Report on the Transatlantic Financial Services Regulatory Dialogue, 01/2007; subsequently published as "Transatlantic Financial Services Regulatory Dialogue" in European Business Organization Law Review, Vol. 7, 2006, 647-673.

575.

Louis Kaplow & Carl Shapiro, Antitrust, 01/2007; subsequently published IN Handbook of Law & Economics, Vol. 2, (A Mitchell Polinsky & Steven Shavell, eds.), Elsevier B.V., 2007, 1073-1225.

2006

574.

Lucian Bebchuk, Martijn Cremers & Urs Peyer, Pay Distribution in the Top Executive Team, 12/2006.

573.

Lucian A. Bebchuk, Yaniv Grinstein & Urs Peyer, Lucky Directors, 12/2006.

572.

Oliver Hart & John Moore, Contracts as Reference Points, 12/2006. subsequently published in Quarterly Journal of Economics, Vol. CXXIII, Issue 1, February 2008, 1-48.

571.

J. Mark Ramseyer & Eric B. Rasmusen, Managed Courts Under Unstable Political Environments: Recruitments and Resignations in the 1990's Japanese Judiciary, 12/2006; subsequently published in Journal of Comparative Economics, Vol. 35, 2007, 329-345.

570.

Steven Shavell, On Optimal Legal Change, Past Behavior, and Grandfathering, 12/2006. subsequently published in Journal of Legal Studies, Vol. 37, January 2008, 37-85.

569.

Reena Aggarwal, Allen Ferrell & Jonathan Katz, U.S. Securities Regulation in a World of Global Exchanges, 12/2006; subsequently published in  “Exchanges: Challenges and Implications, Euromoney, 2007.

568.

Guhan Subramanian, Bargaining in the Shadow of Peoplesoft's (Defective) Poison Pill, 12/2006; subsequently published in Harvard Negotiation Law Review, Vol. 12, 2007, 41-70.

567.

Minoru Nakazato, J. Mark Ramseyer & Eric B. Rasmusen, Executive Compensation in Japan: Estimating Levels and Determinants from Tax Records, 12/2006; subsequently published in Journal of Economics & Management Strategy, Vol. 20, No. 3, Fall 2011, 843-885.

566.

Lucian A. Bebchuk, Yaniv Grinstein & Urs Peyer, Lucky CEOs, 11/2006; subsequently published in The Journal of Finance, Vol. LXV, No. 6, December 2010, 2363-2401.

565.

Lucian A. Bebchuk, The Myth of the Shareholder Franchise, 11/2006; subsequently published in Virginia Law Review, Vol. 93, No. 3, May 2007, 675-732.

564.

A. Mitchell Polinsky & Steven Shavell, Mandatory versus Voluntary Disclosure of Product Risks, 11/2006; forthcoming in Journal of Law, Economics, and Organization.

563.

Mark. J. Roe, Legal Origins and Modern Stock Markets, 11/2006; subsequently published in Harvard Law Review, Vol. 120, No. 2, December 2006, 460-527.

562.

Robert J. Jackson, Jr. & David Rosenberg, A New Method of Random Sampling to Reduce the Cost of Regulatory Monitoring, 11/2006. subsequently published as “A New Model of Administrative Enforcement,” in Virginia Law Review, Vol. 93, No. 8, December 2007, 1983-2015.

561.

Jennifer Arlen, Regulating Post-Bid Embedded Defenses: Lessons from Oracle versus Peoplesoft, 10/2006; forthcoming in Harvard Negotiation Law Review.

560.

Jennifer Bethel & Allen Ferrell, Policy Issues Raised by Structured Products, 10/2006; subsequently published in Brookings-Nomura Papers on Financial Services, Yasuka Fuchita, Robert E. Litan, eds., Brookings Institution Press, 2007.

559.

Minoru Nakazato, J. Mark Ramseyer & Eric B. Rasmusen, The Industrial Organization of the Japanese Bar: Levels and Determinants of Attorney Incomes, 10/2006; subsequently published in the Journal of Empirical Legal Studies, Vol. 7, Issue 4, September 2010, 460-489.

558.

Lucian A. Bebchuk & Assaf Hamdani, Federal Corporate Law: Lessons from History, 08/2006; subsequently published in Columbia Law Review, Vol. 106, No. 7, November 2006, 1793-1838.

557.

J. Mark Ramseyer, Not-so-Ordinary Judges in Ordinary Courts: Teaching Jordan vs. Duff & Phelps, 08/2006; subsequently published in Harvard Law Review, Vol. 120, No. 5, March 2007, 1199-1209.

556.

Kenneth S. Reinker & David Rosenberg, Improving Medical Malpractice Liability by Allowing Insurers to Take Charge, 08/2006. subsequently published as “Unlimited Subrogation: Improving Medical Malpractice Liability by Allowing Insurers to Take Charge,” in Journal of Legal Studies, Vol. 36, June 2007, S261-S289.

555.

Louis Kaplow, Myopia and the Effects of Social Security and Capital Taxation on Labor Supply, 08/2006.

554.

Patricia Born, W. Kip Viscusi & Tom Baker, The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses, 07/2006.

553.

Matthew C. Stephenson, Bureaucratic Decision Costs and Endogenous Agency Expertise, 07/2006; subsequently published in Journal of Law, Economics and Organization, Vol. 23, No. 2, 2007, 469-498.

552.

Christine Jolls & Cass R. Sunstein, The Law of Implicit Bias, 06/2006; subsequently published in California Law Review, Vol. 94, 2006, 969-996.

551.

Louis Kaplow, Capital Levies and Transition to a Consumption Tax, 06/2006; subsequently published in Institutional Foundations of Public Finance: Economic and Legal Perspectives, Alan J. Auerbach and Daniel N. Shaviro (editors), Harvard University Press, 2008, 112-146.

550.

Louis Kaplow, Discounting Dollars, Discounting Lives: Intergenerational Distributive Justice and Efficiency, 06/2006; subsequently published in University of Chicago Law Review, Vol. 74, No. 1, Winter 2007, 79-118.

549.

Howell E. Jackson, Andreas M. Fleckner & Mark Gurevich, Foreign Trading Screens in the United States, 06/2006; subsequently published in Capital Markets Law Journal, Vol. 1, No. 1, 2006, 54-76.

548.

Louis Kaplow, Optimal Income Transfers, 06/2006; subsequently published in International Tax and Public Finance, Vol. 14, 2007, 295-325.

547.

Louis Kaplow, Optimal Control of Externalities in the Presence of Income Taxation, 06/2006; subsequently published in International Economics Review, Vol. 53, No. 2, May, 2012, 487-509.

546.

Henry Hansmann, Reinier Kraakman, & Richard Squire, Law and the Rise of the Firm, 02/2006; subsequently published in Harvard Law Review, Vol. 119, No. 5, March 2006, 1333-1403.

545.

Joni Hersch, Skin Tone Effects among African Americans: Perceptions and Reality, 02/2006; subsequently published in American Economic Review Papers and Proceedings, Vol. 96, No. 2, May 2006, 251-255.

544.

W. Kip Viscusi, Regulation of Health, Safety, and Environmental Risks, 02/2006. subsequently published in Handbook of Law and Economics, Volume 2, Chapter 9, A. Mitchell Polinsky and Steven Shavell (eds), Amsterdam: Elsevier, North-Holland), 2008, 592-645.

543.

W. Kip Viscusi and Joel Huber, Hyperbolic Discounting of Public Goods, 02/2006. forthcoming in Journal of Risk and Uncertainty, 2008.

542.

Louis Kaplow, Taxation, 2/2006; subsequently published in Handbook of Law and Economics, Vol. 1, (A Mitchell Polinsky & Steven Shavell, eds.), Elsevier B.V., 2007, 647-755.

541.

Leo E. Strine, Jr, Towards a True Corporate Republic: A Traditionalist Response to Lucian’s Solution for Improving Corporate America, 2/2006.

540.

Steven Shavell, Do Excessive Legal Standards Discourage Desirable Activity?, 2/2006; subsequently published in Economic Letters, Vol. 95, Issue 3, June 2007, 394-397.

539.

Matthew C. Stephenson, A Costly Signaling Theory of Hard Look Review, 2/2006; subsequently published as “A Costly Signaling Theory of ‘Hard Look’ Judicial Review,” Administrative Law Review, Vol. 58, No. 4, Fall 2006, 753-814.

2005

538.

J. Mark Ramseyer & Eric B. Rasmusen, The Case for Managed Judges: Learning from Japan after the Political Upheaval of 1993, 12/2005; forthcoming in University of Pennsylvania Law Review.

537.

W. Kip Viscusi & Richard J. Zeckhauser, The Perception and Valuation of the Risks of Climate Change: A Rational and Behavioral Blend, 12/2005; subsequently published in Climatic Change, Vol. 77, No. 1/2, July 2006, 151-177.

536.

A. Mitchell Polinsky & Steven Shavell, Economic Analysis of Law, 12/2005; forthcoming in New Palgrave Dictionary of Economics, 2nd edition, 2008.

535.

Steven Shavell, Economics and Liability for Accidents, 12/2005; forthcoming in New Palgrave Dictionary of Economics, 2nd edition, 2008.

534.

Lucian A. Bebchuk & Richard A. Posner, One-Sided Contracts in Competitive Consumer Markets, 11/2005; subsequently published in Michigan Law Review, Vol. 104, No. 5, March 2006, 827-836.

533.

Lucian A. Bebchuk & Yaniv Grinstein, Firm Expansion and CEO Pay, 11/2005.

532.

Steven Shavell, Specific Performance versus Damages for Breach of Contract, 11/2005; subssequently published in Texas Law Review, Vol. 84, 2006, 831-876.

531.

Steven Shavell, Is Breach of Contract Immoral?, 11/2005; subsequently published in Emory Law Journal, Vol. 56, No. 2, 2006, 439-460.

530.

Steven Shavell, Liability for Accidents, 10/2005; subsequently published in Handbook of Law and Economics, Vol. 1, 2007.

529.

A. Mitchell Polinsky & Steven Shavell, The Theory of Public Enforcement of Law, 10/2005; subsequently published in Handbook of Law and Economics, Vol. 1, November 2007.

528.

Lucian A. Bebchuk & Jesse M. Fried, Pay Without Performance: Overview of the Issues, 10/2005; subsequently published in Journal of Corporation Law, Vol. 30, No. 4, 2005, 647-673; and in Journal of Applied Corporate Finance, Vol. 17, No. 4, 2005, 8-23.

527.

Yoshiro Miwa & J. Mark Ramseyer, Trade Credit, Bank Loans, and Monitoring: Evidence from Japan, 10/2005. subsequently published in Journal of Economics & Management Strategy, Vol. 17, No. 2, Summer 2008, 317-343.

526.

Louis Kaplow, Choosing Expensive Tastes, 09/2005.

525.

Robert Charles Clark, Corporate Governance Changes in the Wake of the Sarbanes-Oxley Act: A Morality Tale for Policymakers Too, 09/2005.

524.

Thomas J. Kneisner, W. Kip Viscusi, Christopher Woock & James P. Ziliak, How Unobservable Productivity Biases the Value of a Statistical Life, 09/2005; subsequently published as "The Value of a Statistical Life: Evidence from Panel Data," in The Review of Economics and Statistics, Vol. 94, February 2012, 74-87.

523.

David Rosenbert & James P. Sullivan, Coordinating Private Class Action and Public Agency Enforcement of Antitrust Law, 08/2005.

522.

Howell E. Jackson, An American Perspective on the U.K. Financial Services Authority: Politics, Goals & Regulatory Intensity, 08/2005; subsequently published in Regulatory Reforms in the Age of Financial Consolidation: The Emerging Market Economy and Advanced Countries, Lee-Jay Cho & Joonkyung Kim (eds.), (Seoul, Korea: KDI, 2006), 39-71.

521.

Howell E. Jackson, Variation in the Intensity of Financial Regulation: Preliminary Evidence and Potential Implications, 08/2005; subsequently published in Yale Journal on Regulation, Vol. 24, 2007, 101-139.

520.

Howell E. Jackson, Accounting for Social Security Benefits, 08/2005.

519.

Louis Kaplow, Pareto Principle and Competing Principles, 08/2005; forthcoming in New Palgrave Dictionary of Economics and the Law, 2nd edition.

518.

Louis Kaplow, Income Taxation and Optimal Government Policy, 08/2005; forthcoming in New Palgrave Dictionary of Economics and the Law, 2nd edition.

517.

W. Kip Viscusi, The Value of Life, 06/2005; subsequently published in New Palgrave Dictionary of Economics and the Law, 2nd edition, Steven N. Durlauf & Lawrence E. Blume (eds.), 2008.

516.

Lucian Arye Bebchuk, The Business Roundtable's Untenable Case Against Shareholder Access, 06/2005. subsequently published as “The Case for Shareholder Access: A Response to the Business Roundtable” in Case Western Reserve Law Review, Vol. 55, Issue 3, 2005, 556-568.

515.

Joni Hersch, Smoking Restrictions as a Self-Control Mechanism, 05/2005; subsequentially published in Journal of Risk and Uncertainty, Vol. 31, No. 1, July 2005, 5-21.

514.

Yoshiro Miwa & J. Mark Ramseyer, The Good Occupation, 05/2005; subsequently published as “The Good Occupation? Law in the Allied Occupation of Japan” in Washington University Global Studies Law Review, Vol. 8, No. 2, 2009, 363-378.

513.

David Rosenberg & Steven Shavell, A Simple Proposal to Halve Litigation Costs, 04/2005; subsequently published in University of Virginia Law Review, Vol. 91, 2005, 1721-1735.

512.

Jeffrey Manns, Liberty Takings: A Framework for Compensating Pretrial Detainees, 04/2005; forthcoming in Cardozo Law Review.

511.

Mark J. Roe, Delaware's Politics, 04/2005; subsequently published in Harvard Law Review, Vol. 118, No. 8, June 2005, 2491-2543.

510.

Lucian Bebchuk & Yaniv Grinstein, The Growth of Executive Pay, 04/2005; subsequently published in Oxford Review of Economic Policy, Vol. 21, No. 2, 2005, 823-303.

509.

Steven Shavell, Optimal Discretion in the Application of Rules, 03/2005; subsequently published in American Law & Economics Review, Vol. 9, No. 1, Spring 2007, 175-194.

508.

Steven Shavell, Contracts, Holdup, and Legal Intervention, 03/2005; subsequently published in Journal of Legal Studies, Vol 36, June 2007, 325.

507.

Lucian Bebchuk & Robert Jackson, Putting Executive Pensions on the Radar Screen, 03/2005; subsequently published as "Executive Pensions" in Journal of Corporation Law, Vol. 30, No. 4, 2005, 823-855.

506.

Matthew C. Stephenson, Legislative Allocation of Delegated Power: Uncertainty, Risk, and the Choice Between Agencies and Courts, 03/2005; subsequently published in Harvard Law Review, Vol. 119, 2006, 1035-1070.

505.

Lucian Bebchuk & Jessie Fried, Executive Compensation at Fannie Mae: A Case Study of Perverse Incentives, Nonperformance Pay, and Camouflage, 02/2005; subsequently published in Journal of Corporation Law, Vol. 30, No. 4, 2005, 807-822.

504.

W. Kip Viscusi & Joni Hersch, The Generational Divide in Support for Climate Change Policies: European Evidence, 02/2005; subsequently published in Climatic Change, Vol. 77, 2006, 121-136.

503.

Joni Hersch & W. Kip Viscusi, Paying for Climate Change Policies in Europe, 02/2005; subsequently published as "The Generational Divide in Support for Environmental Policies: European Evidence" in Climatic Change, Vol. 76, July 2006, 1-27.

502.

Thomas J. Kniesner & W. Kip Viscusi, Value of a Statistical Life: Relative Position vs. Relative Age, 01/2005; subsequently published in American Economic Review, Vol. 95, No. 2, May 2005, 142-146.

2004

501.

Guhan Subramanian, Fixing Freezeouts, 12/2004; subsequently published in Yale Law Journal, Vol. 115, No. 1, October 2005, 3-70.

500.

Lucian Bebchuk, The Case for Increasing Shareholder Power, 12/2004; subsequently published in Harvard Law Review, Vol. 118, No. 3, January 2005, 833-914.

499.

Yoshiro Miwa & J. Mark Ramseyer, Industrial Finance Before the Financial Revolution: Japan at the Turn of the Century, 12/2004; subsequently published as "Japanese Industrial Finance at the Close of the 19th Century: Trade Credit and Financial Intermediation" in Explorations in Economic History, Vol. 43, Issue 1, January 2006, 94-118.

498.

Christine Jolls, The Role and Functioning of Public-Interest Legal Organizations in the Enforcement of the Employment Laws, 09/2004; subsequently published in Emerging Labor Market Institutions for the Twenty-First Century, Richard B. Freeman, Joni Hersch & Lawrence Mishel, eds. (Chicago: UCP, 2005), 141-176.

497.

Christine Jolls, Identifying the Effects of the Americans with Disabilities Act Using State-Law Variation: Preliminary Evidence on Educational Participation Effects, 09/2004; subsequently published in American Economic Review, Vol. 92, No. 2, May 2004, pp. 447-453.

496.

Christine Jolls & J.J. Prescott, Disaggregating Employment Protection: The Case of Disability Discrimination, 09/2004.

495.

Christine Jolls & Cass R. Sunstein, Debiasing Through Law, 09/2004; subsequently published in Journal of Legal Studies, Vol. 35, No. 1, January 2006, pp. 199-241.

494.

Christine Jolls, On Law Enforcement with Boundedly Rational Actors, 09/2004; subsequently published in The Law and Economics of Irrational Behavior, Francesco Parisi and Vernon Smith, eds., Stanford University Press, (2004), pp. 268-286.

493.

Mark J. Roe, The Inevitable Instability of American Corporate Governance, 09/2004; subsequently published as Chapter 1 of Restoring Trust in American Business, J.W. Lorsch, Leslie Berlowitz & Andy Zelleke (eds), (Cambridge: MIT Press, 2005), 9-33.

492.

Allen Ferrell, The Case for Mandatory Disclosure in Securities Regulation Around the World, 09/2004. subsequently published in Brooklyn Journal of Business Law, Vol. 2, 2007.

491.

Lucian Bebchuk, Alma Cohen & Allen Ferrell, What Matters in Corporate Governance?, 09/2004. subsequently published in Brooklyn Journal of Business Law, Vol. 2, 2007.

490.

Sofie Cools, The Real Difference in Corporate Law Between the United States and Continental Europe: Distribution of Powers, 9/2004.

489.

David Rosenberg & Steven Shavell, A Solution to the Problem of Nuisance Suits: The Option to Have the Court Bar Settlement, 08/2004; forthcoming in International Review of Law and Economics.

488.

Mark J. Roe, The Institutions of Corporate Governance, 08/2004; subsequently published in Handbook of New Institutional Economics (Claude Menard & Mary M. Shirley, eds.)(The Netherlands: Springer, 2005), 371-399.

487.

Lucian Arye Bebchuk & Jesse M. Fried, Stealth Compensation Via Retirement Benefits, 08/2004; subsequently published in Berkeley Business Law Journal, Vol. 1, Nol. 2, Fall 2004, 291-326.

486.

Michal Barzuza, Price Considerations in the Market for Corporate Law, 08/2004; subsequently published in Cardozo Law Review, Vol. 26, No. 1, November 2004, 127-214.

485.

Steven Shavell, The Appeals Process and Adjudicator Incentives, 08/2004; subsequently published in Journal of Legal Studies, Vol. 35 No. 1, January 2006.

484.

Jared G. Kramer, When Should Contracts Be Assignable?: An Economic Analysis, 08/2004.

483.

Suzanne E. Majewski, How Do Consortia Organize Collaborative R&D?: Evidence from the National Cooperative Research Act, 08/2004.

482.

Yoshiro Miwa & J. Mark Ramseyer, Toward a Theory of Jurisdictional Competition: The Case of the Japanese FTC, 07/2004; subsequently published in Journal of Competition Law and Economics, Volume 1(2), 2005, 247-277.

481.

Oren Bar-Gill & Oren Gazal, Plea Bargains Only for the Guilty, 06/2004; subsequently published in Journal of Law and Economics, Vol. 49, No. 1, April 2006, 353-364.

480.

Oren Bar-Gill & Gideon Parchomovsky, Intellectual Property Law and the Boundaries of the Firm, 06/2004.

479.

Alma Cohen & Rajeev Dehejia, The Effect of Automobile Insurance and Accident Liability Laws on Traffic Fatalities, 06/2004; subsequently published in Journal of Law and Economics, Vol. XLVII, October 2004, 357-393.

478.

Lucian Arye Bebchuk & Alma Cohen, The Costs of Entrenched Boards, 06/2004; subsequently published in Journal of Financial Economics, Vol. 78, 2005, 409-433.

477.

W. Kip Viscusi, Joel Huber, and Jason Bell, The Value of Regional Water Quality Improvements, 06/2004. forthcoming as “The Economic Value of Water Quality,” in Environmental and Resource Economics.

476.

Oren Bar-Gill and Chaim Fershtman, Public Policy with Endogenous Preferences, 06/2004; subsequently published in the Journal of Public Economic Theory, Vol. 7, No. 5, 2005, 841-857.

475.

Jahn K. Hakes and W. Kip Viscusi, The Rationality of Automobile Seatbelt Usage: The Value of Statistical Life and Fatality Risk Beliefs, 05/2004; subsequently published as "Automobile Seatbelt Usage and the Value of Statistical Life" in Southern Economic Journal, Vol. 73, No. 3, 2007, 659-676..

474.

Louis Kaplow, On the (Ir)Relevance of Distribution and Labor Supply Distortion to Government Policy, 04/2004; subsequently published in Journal of Economic Perspectives, Vol. 18, No. 4, Fall 2004, 159 - 175.

473.

W. Kip Viscusi, The Blockbuster Punitive Damages Awards, 04/2004, subsequently published in Emory Law Journal, Vol. 53, 2004, 1405-1456.

472.

Guhan Subramanian, Post-Siliconix Freeze-Outs: Theory, Evidence & Policy, 04/2004. subsequently published in Journal of Legal Studies, Vol. 36, no. 1, January 2007, 1-26.

471.

Yoshiro Miwa & J. Mark Ramseyer, The Fable of the Keiretsu, and Other Tales of Japan We Wish Were True, 04/2004; subsequently published as The Fable of the Keiretsu: Urban Legends of the Japanese Economy, (Chicago, Illinois and London, England: University of Chicago Press, 2006), 181 pp.

470.

Louis Kaplow, On the Undesirability of Commodity Taxation Even When Income Taxation Is Not Optimal, 03/2004; subsequently published in Journal of Public Economics, Vol. 90, 2006, 1235-1250.

469.

Randy J. Kozel & David Rosenberg, Solving the Nuisance-Value Settlement Problem: Mandatory Summary Judgment, 03/2004; subsequently published in Virginia Law Review, Vol. 90, No. 7, November 2004, 1849-1907.

468.

Joseph E. Aldy & W. Kip Viscusi, Age Variations in Workers' Value of Statistical Life, 03/2004; subsequently published as "Labor Market Estimates of the Senior Discount for the Value of Statistical Life" in Journal of Environmental Economics and Management, Vol. 53, 2007, 377-392.

467.

W. Kip Viscusi and Patricia H. Born, Damages Caps, Insurability, and the Performance of Medical Malpractice Insurance, 03/2004; subsequently published in Journal of Risk and Insurance, Vol. 71, No. 1, 2005, 23-43.

466.

Guy Halfteck, The Class Action as a Financial Call Option, 03/2004.

465.

Oliver Hart and John Moore, Agreeing Now to Agree Later: Contracts that Rule Out but do not Rule In, 03/2004.

464.

Robert C. Pozen, Can European Companies Escape U.S. Listings?, 03/2004.

463.

Oren Bar-Gill and Omri Ben-Shahar, Credible Coercion, 03/2004; subsequently published in Texas Law Review, Vol. 83, No. 3, February 2005, 717-780.

462.

Yoshiro Miwa and J. Mark Ramseyer, Deregulation and Market Response in Contemporary Japan: Administrative Guidance, Keiretsu, and Main Banks, 03/2004; prepared for a Conference on Corporations, Markets, and the State at George Washington University, March 5, 2004.

461.

Lucian A. Bebchuk, Designing a Shareholder Access Rule, 02/2004; subsequently published in Corporate Governance Advisor, Vol. 12, 2004, 28-32.

460.

Louis Kaplow and Steven Shavell, Notes on Welfarist Versus Deontological Principles, 02/2004; subsequently published in Economics and Philosophy, Vol. 20, 2004, 209-215.

459.

Thomas J. Kniesner, W. Kip Viscusi, and James P. Ziliak, Life-Cycle Consumption and the Age-Adjusted Value of Life, 02/2004; subsequently published in Contributions to Economic Analysis & Policy, Vol. 5, Issue 1, Article 4, 2006.

458.

W. Kip Viscusi and Richard J. Zeckhauser, Hindsight-Choice Bias in Combating Terrorism, 02/2004; subsequently published as "Recollection Bias and the Combat of Terrorism" in Journal of Legal Studies, Vol. 34, January 2005, 27-55.

457.

Oren Bar-Gill and Chaim Fershtman, Law and Preferences, 02/2004; subsequently published in Journal of Law, Economics & Organization, Vol. 20, No. 2, October 2004, 331-352.

456.

Steven Shavell, Minimum Asset Requirements and Compulsory Liability Insurance As Solutions to the Judgment-Proof Problem, 02/2004; subsequently published in RAND Journal of Economics, Vol. 36, 2005, 63-77.

455.

Louis Kaplow and Steven Shavell, Any Non-Welfarist Method of Policy Assessment Violates the Pareto Principle: Reply, 01/2004; subsequently published in Journal of Political Economy, Vol. 112, No. 1, Pt. 1, 2004, 249-251.

2003

454.

Allen Ferrell, Why Continental European Takeover Law Matters, 12/2003; subsequently published in Reforming Company and Takeover Law in Europe, (Oxford: Oxford University Press, 2004), 561-574.

453.

Allen Ferrell, Mandated Disclosure and Stock Returns: Evidence from the Over-the-Counter Market, 12/2003; forthcoming in Journal of Legal Studies. subsequently published as “Mandatory Disclosure and Stock Returns: Evidence from the Over-the-Counter Market,” Journal of Legal Studies, Vol. 36, June 2007.

452.

Guy Halfteck, The Effects of Incentives to Invest and the Level of Investment in Class Action Law Enforcement On the Magnitude of Liability for Harm, 12/2003.

451.

Mark J. Roe, Political Determinants of Corporate Governance: Political Context, Corporate Impact, 12/2003; published as Political Determinants of Corporate Governance: Political Context, Corporate Impact (New York: Oxford University Press, 2003), 231 pp.

450.

John C. Coates IV, Ownership, Takeovers and EU Law: How Contestable Should EU Corporations Be?, 12/2003; subsequently published in Company and Takeover Law in Europe, E. Wymeersch & G. Ferrarini (eds.) (Oxford University Press, 2004), 677-709.

449.

Joni Hersch, Alison F. Del Rossi, and W. Kip Viscusi, Voter References and State Regulation of Smoking, 11/2003; subsequently published in Economic Inquiry, Vol. 42, No. 3, July 2004, 455-468.

448.

Lucian Bebchuk, editor, Symposium on Corporate Elections, 11/2003.

447.

Joni Hersch, Jury Demands and Trials, 11/2003; forthcoming in Journal of Legal Studies, 01/2006.

446.

Ronald J. Gilson and Reinier Kraakman, The Mechanisms of Market Efficiency Twenty Years Later: The Hindsight Bias, 11/2003; subsequently published in Journal of Corporation Law, Vol. 28 (2003), 715.

445.

Steven Shavell, On the Writing and the Interpretation of Contracts, 10/2003; subsequently published in Journal of Law, Economics & Organization, Vol. 22, No. 2, October 2006, 289-314.

444.

Mario Draghi and Robert Pozen, US-EU Regulatory Convergence: Capital Markets Issues, 10/2003; forthcoming in the upcoming book by the Bertelsmann Foundation on "The Future of Transatlantic Relations.".

443.

Howell E.Jackson, Accounting for Social Security and its Reform, 10/2003; subsequently published in Harvard Journal on Legislation, Vol. 41, No. 1, Winter 2004, 59-159.

442.

Assaf Hamdani, Gatekeeper Liability, 10/2003; subsequently published in Southern California Law Review, Vol. 77, No. 1, November 2003, 53-121.

441.

Bruce Hay, Sting Operations, Undercover Agents, and Entrapment, 10/2003.

440.

W. Kip Viscusi, Tort Reform and Insurance Markets, 10/2003;subsequently published in Risk Management and Insurance Review, Vol. 7, No. 1, 2004, 9-24.

439.

Guhan Subramanian, Bargaining in the Shadow of Takeover Defenses, 09/2003; subsequently published in Yale Law Journal, Vol. 113, No. 3, December 2003, 621-686.

438.

Joni Hersch, The New Labor Market for Lawyers: Will Female Lawyers Still Earn Less?, 09/2003; subsequently published in Cardozo Women’s Law Journal, Vol. 10, No. 1, Fall 2003, 1-59; reprinted in Release #18 of Women and the Law, Thomson West Publishing Co., forthcoming September 2004.

437.

Louis Kaplow, Concavity of Utility, Concavity of Welfare, and Redistribution of Income, 09/2003; subsequently published in International Tax Public Finance, Vol. 17, 2010, 25-42.

436.

Heather Mahar, Why Are There So Few Prenuptial Agreements?, 09/2003.

435.

Yoshiro Miwa and J. Mark Ramseyer, Conflicts of Interest in Japanese Insolvencies: The Problem of Bank Rescues, 09/2003; subsequently published in Theoretical Inquiries in Law, Volume 6, Number 2, July 2005, 301-339.

434.

Einer Elhauge, Defining Better Monopolization Standards, 08/2003; subsequently published in Stanford Law Review, Vol. 56, November 2003, 253-344.

433.

Yoshiro Miwa and J. Mark Ramseyer, Does Relationship Banking Matter? Japanese Bank-Borrower Ties in Good Times and Bad, 08/2003; subsequently published as Does Relationship Banking Matter? The Myth of the Japanese Main Bank, in Journal of Empirical Legal Studies, Vol. 2, Issue 2, July 2005, 261-302.

432.

Mark J. Roe, Delaware's Competition, 08/2003; forthcoming 117 Harv. L. Rev. (2003).

431.

Jahn K. Hakes and W. Kip Viscusi, Dead Reckoning: Demographic Determinants of the Accuracy of Mortality Risk Perceptions, 08/2003; subsequently published in Risk Analysis, Vol. 24, No. 3, 2004, 651-664.

430.

W. Kip Viscusi, Principles for Cigarette Taxation in Africa, 08/2003. subsequently published as “Principles of Cigarette Taxation,” in Excise Tax Policy + Administration in South African Countries, Chapter 3, Unisa Press: University of South Africa, 2006, 61-88.

429.

Robert C. Pozen, Institutional Perspective on Shareholder Nominations of Corporate Directors, 08/2003.

428.

Lucian Arye Bebchuk, Shareholder Access to the Ballot, 08/2003; subsequently published as The Case for Shareholder Access to the Ballot in The Business Lawyer, Vol. 59, No. 1, November 2003, 43-66.

427.

Amitai Aviram and Avishalom Tor, Overcoming Impediments to Information Sharing, 08/2003.

426.

Louis Kaplow, The Value of a Statistical Life and the Coefficient of Relative Risk Aversion, 07/2003; subsequently published in Journal of Risk and Uncertainty, Vol. 31, No. 1, 2005, 23-34.

425.

Louis Kaplow, Public Goods and the Distribution of Income, 06/2003; subsequently published in European Economic Review, Vol. 50, Issue 7, October 2006, 1627-1660.

424.

Louis Kaplow, Taxation and Redistribution: Some Clarifications, 06/2003. subsequently published in Tax Law Review, Vol. 60, No. 2, 2007, 57-81.

423.

Matthew C. Stephenson, Court of Public Opinion: Government Accountability and Judicial Independence, 06/2003; subsequently published in Journal of Law, Economics, & Organization, Vol. 20, No. 2, October 2004, 379-399.

422.

W. Kip Viscusi, The Value of Life: Estimates with Risks by Occupation and Industry, 05/2003; subsequently published in Economic Inquiry, Vol. 42, No. 1, January 2004, 29-48.

421.

Lucian Arye Bebchuk and Jesse M. Fried, Executive Compensation as an Agency Problem, 04/2003; subsequently published in Journal of Economic Perspectives, Vol. 17, 2003, 71-92.

420.

Lucian Arye Bebchuk, Why Firms Adopt Antitakeover Arrangements, 04/2003; subsequently published in University of Pennsylvania Law Review, Vol. 152, No. 2, December 2003, 713-753.

419.

Ethan Bueno de Mesquita and Matthew Stephenson, Legal Institutions and the Structure of Informal Networks, 04/2003; subsequently published in Journal of Theoretical Politics, Vol. 18, no. 1, 2006, 40-67.

418.

W. Kip Viscusi, Racial Differences in Labor Market Values of a Statistical Life, 04/2003; subsequently published in Journal of Risk and Uncertainty, Vol 27, No. 2 (December 2003), pp. 239-256.

417.

417. Oren Bar-Gill and Gideon Parchomovsky, The Value of Giving Away Secrets, 04/2003; subsequently published in Virginia Law Review, Volume 89, No. 8, December 2003, 1857-1895.

416.

Jeffrey N. Gordon, Governance Failures of the Enron Board and the New Information Order of Sarbanes-Oxley, 04/2003; prepared for the University of Connecticut Law Review Symposium Crisis in Confidence: Corporate Governance and Professional Ethics Post_Enron..

415.

F. Scott Kieff, Law and Economics of Present Patent-Obtaining Rules, 04/2003; subsequently published in Boston College Law Review, Vol. XLV, No. 1, December 2003, 55-123.

414.

Allen Ferrell, If We Understand the Mechanisms, Why Don't We Understand Their Output? 03/2003; subsequently published in The Journal of Corporation Law, Vol. 28, No. 4, Summer 2003, 503-515.

413.

Guhan Subramanian, The Drivers of Market Efficiency in Revlon Transactions, 03/2003; subsequently published in The Journal of Corporation Law, Vol. 28, No. 4, Summer 2003, 691-714.

412.

Louis Kaplow, Transition Policy: A Conceptual Framework, 03/2003; subsequently published in The Journal of Contemporary Legal Issues, Vol. 13, Issue 1, 2003, 161-209.

411.

Louis Kaplow and Steven Shavell, Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice, 03/2003; subsequently published in Journal of Legal Studies, Vol. 32, No. 1, January 2003, 331-362.

410.

Lucian Arye Bebchuk, John C. Coates IV, and Guhan Subramanian, The Trouble with Staggered Boards: A Reply to Georgeson's John Wilcox, 02/2003; subsequently published in Corporate Governance Advisor, Vol. 11, 2003, 17-19.

409.

Steven Shavell, Welfare Economics, Morality, and the Law, 02/2003; subsequently published in Foundations of Economic Analysis of Law, (Cambridge, Massachusetts; London, England: Harvard University Press, 2004), 737 pp.

408.

Steven Shavell, Economic Analysis of the General Structure of Law, 02/2003; subsequently published in Foundations of Economic Analysis of Law, (Cambridge, Massachusetts; London, England: Harvard University Press, 2004), 737 pp.

407.

Jeffrey N. Gordon, An American Perspective on the New German Anti-takeover Law, 02/2003.

406.

Jeffrey N. Gordon, An International Relations Perspective on the Convergence of Corporate Governance: German Shareholder Capitalism and the European Union, 1990-2000, 02/2003.

405.

Steven Shavell, Economic Analysis of Public Law Enforcement and Criminal Law, 02/2003; subsequently published in Foundations of Economic Analysis of Law, (Cambridge, Massachusetts; London, England: Harvard University Press, 2004), 737 pp.

404.

Steven Shavell, Economic Analysis of Litigation and the Legal Process, 02/2003; subsequently published in Foundations of Economic Analysis of Law, (Cambridge, Massachusetts; London, England: Harvard University Press, 2004), 737 pp.

403.

Steven Shavell, Economic Analysis of Contract Law, 02/2003; subsequently published in Foundations of Economic Analysis of Law, (Cambridge, Massachusetts; London, England: Harvard University Press, 2004), 737 pp.

402.

Jeremy D. Andersen, Victim Offender Settlements, General Deterrence, and Social Welfare, 01/2003.

401.

W. Kip Viscusi and Richard J. Zeckhauser, Sacrificing Civil Liberties to Reduce Terrorism Risks, 01/2003; subsequently published in Journal of Risk and Uncertainty, Vol. 26, No. 2/3 (March/May 2003), pp. 99-120.

2002

400.

Lucian Arye Bebchuk and Oren Bar-Gill, Misreporting Corporate Performance, 12/2002.

399.

Steven Shavell, Economic Analysis of Property Law, 12/2002; subsequently published in Foundations of Economic Analysis of Law, (Cambridge, Massachusetts; London, England: Harvard University Press, 2004), 737 pp.

398.

Lucian Arye Bebchuk, Asymmetric Information and the Choice of Corporate Governance Arrangements, 12/2002.

397.

Lucian Arye Bebchuk, Ex Ante Investments and Ex Post Externalities, 12/2002.

396.

Steven Shavell, Economic Analysis of Accident Law, 12/2002; subsequently published in Foundations of Economic Analysis of Law, (Cambridge, Massachusetts; London, England: Harvard University Press, 2004), 737 pp.

395.

David Rosenberg, Deregulating Insurance Subrogation: Towards an Ex ante Market in Tort Claims, 12/2002.

394.

David Rosenberg, Avoiding Duplicative Litigation of Similar Claims: The Superiority of Class Action vs. Collateral Estoppel vs. Standard Claims Market, 12/2002.

393.

Lucian Arye Bebchuk, John C. Coates IV, and Guhan Subramanian, The Powerful Antitakeover Force of Staggered Boards: Further Findings and a Reply to Symposium Participants, 12/2002; subsequently published in Stanford Law Review, Volume 55, 2002, 885-917.

392.

W. Kip Viscusi and Joseph E. Aldy, The Value of a Statistical Life: A Critical Review of Market Estimates throughout the World, 11/2002; subsequently published in Journal of Risk and Uncertainty, Vol. 27, No. 1, August 2003, 5-76.

391.

Guhan Subramanian, The Disappearing Delaware Effect, 11/2002; subsequently published in Journal of Law, Economics, & Organization, Vol. 20, No. 1, 2004, 32-59.

390.

Lucian Arye Bebchuk, The Questionable Case for Using Auctions to Select Lead Counsel, 11/2002; subsequently published in Symposium on Litigation, Washington University Law Quarterly, Volume 80, 2002, 889-899.

389.

Steven Shavell, Minimum Asset Requirements, 11/2002; forthcoming in RAND Journal of Economics (see Discussion Paper #456).

388.

Henry Hansmann and Reinier Kraakman, Property, Contract, and Verification: The Numerus Clausus Problem and the Divisibility of Rights, 10/2002; subsequently published in Journal of Legal Studies, Vol. 31, 2002, 373-420.

387.

W. Kip Viscusi and Richard J. Zeckhauser, The Denominator Blindness Effect: Accident Frequencies and the Misjudgment of Recklessness, 10/2002; subsequently published in American Law & Economics Review, Vol. 6, No. 1, 2004, 72-94.

386.

Louis Kaplow, Why Measure Inequality?, 10/2002; subsequently published in Journal of Economic Inequality, Vol. 3 (2005), 65-79.

385.

Yoshiro Miwa & J. Mark Ramseyer, Capitalist Politicians, Socialist Bureaucrats? Legends of Government Planning from Japan, 10/2002; subsequently published in Antitrust Bulletin, Fall 2003, 595-627.

384.

Barak D. Richman, Community Enforcement of Informal contracts: Jewish Diamond Merchants in New York, 09/2002; subsequently published in Law and Social Inquiry, Vol. 31, Issue 2, Spring 2006, 383-420.

383.

Einer Elhauge, Why Above-Cost Price Cuts to Drive Out Entrants Do Not Signal Predation or Even Market Power - And the Implications for Defining Costs, 09/2002; subsequently published as Why Above-Cost Price Cuts to Drive Out Entrants Are Not Predatory - and the Implications for Defining Costs and Market Power, in Yale Law Journal, Volume 112, No. 4, January 2003, 681-827.

382.

Vikramaditya S. Khanna, Should the Behavior of Top Management Matter?, 09/2002; subsequently published in Georgetown Law Journal, Volume 91, No. 6, August 2003, 1215-1256.

381.

Mark J. Roe, Can Culture Ever Constrain the Economic Model of Corporate Law?, 07/2002; subsequently published as Can Culture Constrain the Economic Model of Corporate Law? in The University of Chicago Law Review, Vol. 69, No. 3, Summer 2002, 1251-1269.

380.

Mark J. Roe, Corporate Law's Limits, 07/2002; subsequently published in The Journal of Legal Studies, Vol. XXXI (2) (Pt. 1), 2002, 233-271.

379.

Einer Elhauge, Preference-Eliciting Statutory Default Rules, 07/2002; subsequently published in Columbia Law Review, Volume 102, No. 8, December 2002, 2162-2290.

378.

Einer Elhauge, Preference-Estimating Statutory Default Rules, 07/2002; subsequently published in Columbia Law Review, Volume 102, No. 8, December 2002, 2027-2161.

377.

Oren Bar-Gill, Michal Barzuza, and Lucian Bebchuk, The Market for Corporate Law, 07/2002; subsequently published in Journal of Institutional and Theoretical Economics, Vol. 162, No. 1, March 2006, 134-160.

376.

Lucian Bebchuk and Assaf Hamdani, Vigorous Race or Leisurely Walk: Reconsidering the Competition over Corporate Charters, 07/2002; subsequently published as Vigorous Race or Leisurely Walk: Reconsidering the Competition Over Corporate Charters, in Yale Law Journal, Volume 112, No. 3, December 2002, 553-615.

375.

Oren Bar-Gill, The Success and Survival of Cautious Optimism: Legal Rules and Endogenous Perceptions in Pre-Trial Settlement Negotiations, 07/2002; subsequently publised as "The Evolution and Persistence of Optimism in Litigation" in Journal of Law, Economics, & Organization, Vol. 22, October 2006, 490-507.

374.

Yoshiro Miwa and J. Mark Ramseyer, Who Appoints Them, What Do they Do? Evidence on Outside Directors from Japan, 07/2002; subsequently published in Journal of Economics & Management Strategy, Volume 14, Number 2, Summer 2005, 299-337.

373.

Yoshiro Miwa and J. Mark Ramseyer, The Legislative Dynamic: Evidence from the Deregulation of Financial Services in Japan, 07/2002; subsequently published in Law in Japan: A Turning Point? Dan Foote, ed. (University of Washington Press, 2005).

372.

Oren Bar-Gill and Assaf Hamdani, Optimal Liability for Libel, 07/2002; subsequently published by The Berkeley Electronic Press, http://www.bepress.com/bejeap in Contributions to Economic Analysis & Policy, Volume 2, Issue. 1, Article 6, May 2003.

371.

Alma Cohen, Asymmetric Information and Learning in the Automobile Insurance Market, 06/2002; subsequently published as “Asymmetric Information and Learning: Evidence from the Automobile Insurance Market” in The Review of Economics & Statistics, Vol. LXXXVII, No. 2, May 2005, 197-207.

370.

John M. de Figueiredo, Academic Earmarks and the Returns to Lobbying, 06/2002. subsequently published in Journal of Law and Economics, Vol. 49, No. 2, October 2006, 597-626.

369.

John M. de Figueiredo, Lobbying and Information in Politics, 06/2002. subsequently published in Business and Politics, Vol. 4, No. 2, 2002, 125-129.

368.

John M. de Figueiredo, Committee Jurisdiction and Internet Intellectual Property Protection, 06/2002.

367.

Alma Cohen, The Disadvantages of Aggregate Deductibles, 06/2002; subsequently published in Topics in Economic Analysis & Policy, Vol. 6, Issue 1, 2007, 1-26.

366.

Lucian Arye Bebchuk, Jesse M. Fried, and David I. Walker, Managerial Power and Rent Extraction in the Design of Executive Compensation, 06/2002; subsequently published in The University of Chicago Law Review, Vol. 69, No. 3, Summer 2002, 751-846.

365.

John M. de Figueiredo and Rui J.P. de Figueiredo, Jr., Managerial Decision-Making in Non-Market Environments: A Survey Experiment, 06/2002.

364.

John M. de Figueiredo and Rui J.P. de Figueiredo, Jr., The Allocation of Resources by Interest Groups: Lobbying, Litigation and Administrative Regulation, 06/2002. subsequently published in Business and Politics, Vol. 4, No. 2, 2002, 161-181.

363.

Lucian Arye Bebchuk and Allen Ferrell, On Takeover Law and Regulatory Competition, 05/2002; subsequently published in The Business Lawyer, Vol. 57, No. 3, May 2002, 1047-1068 (2002).

362.

Joni Hersch and W. Kip Viscusi, Punitive Damages: How Judges and Juries Perform, 05/2002; subsequently published in Journal of Legal Studies, Vol. 33, No. 1, January 2004, 1-36.

361.

Lucian Arye Bebchuk, The Case Against Board Veto in Corporate Takeovers, 04/2002; subsequently published in 69 The University of Chicago Law Review, 973-1035 (2002).

360.

Einer Elhauge, A Better Explanation for Why Pricing Above Cost Should Not Be Predatory - And the Implications for How to Define Costs, 04/2002; subsequently published as Why Above-Cost Price Cuts To Drive Out Entrants Are Not Predatory—and the Implications for Defining Costs and Market Power in The Yale Law Journal, Vol. 112, 2003, 681-827.

359.

Bernard Black and Reinier Kraakman, Delaware's Takeover Law: The Uncertain Search for Hidden Value, 04/2002; subsequently published in Northwestern University Law Review, Vol. 96 (2002), 521.

358.

Thomas J. Kniesner and W. Kip Viscusi, A Cost-Benefit Analysis: Why Relative Economic Position Does Not Matter, 04/2002; subsequently published as "Why Relative Economic Position Does Not Matter: A Cost-Benefit Analysis" in Yale Journal on Regulation, Vol. 20, No. 1, Winter 2003, 1-24.

357.

Henrik Lando and Steven Shavell, The Advantage of Focusing Law Enforcement Effort, 03/2002; subsequently published in International Review of Law and Economics, Vol. 24, Issue 2 (2004), 209-218.

356.

Barak Y. Orbach, The Law and Economics of Creativity at the Workplace, 03/2002.

355.

Vikramaditya S. Khanna, Toward a Functional Understanding of Standing, 03/2002.

354.

Sharon Hannes, The Hidden Virtue of Antitakeover Defenses, 03/2002.

353.

Lucian Bebchuk, John Coates IV, and Guhan Subramanian, The Powerful Antitakeover Force of Staggered Boards: Theory, Evidence, and Policy, 03/2002; subsequently published in 54 Stanford Law Review 887-951 (2002).

352.

Lucian Bebchuk, Alma Cohen, and Allen Ferrell, State Competition in Corporate Law?, 02/2002; subsequently published in California Law Review, Volume 90, No. 6, December 2002, 1775-1821.

351.

Lucian Bebchuk and Alma Cohen, Firms' Decisions where to Incorporate, 03/2002; subsequently published in Journal of Law and Economics, Vol. 46, 2003, 383-425.

350.

Louis Kaplow and Steven Shavell, All Individuals May Be Made Worse Off under Any Nonwelfarist Principle, 02/2002.

349.

Louis Kaplow and Steven Shavell, Human Nature and the Best Consequentialist Moral System, 02/2002.

348.

Laura Nyantung Beny, The Political Economy of Insider Trading Legislation and Enforcement International Evidence, 01/2002.

2001

347.

Lucian Arye Bebchuk, Property Rights and Liability Rules: The Ex Ante View of the Cathedral, 12/2001; subsequently published in Michigan Law Review, Vol. 100, No. 3, December 2001, 601-639.

346.

Oren Bar-Gill and Omri Ben-Shahar, Does Uncertainty Call for Comparative Negligence? 12/2001; subsequently published as The Uneasy Case for Comparative Negligence in American Law and Economics Review, Vol. 5, 2003, 433-469.

345.

Laura Nyantung Beny, Do Shareholders Value Insider Trading Laws? International Evidence, 12/2001; subsequently published in Journal of Law, Economics, & Policy, Vol. 4, 2007-2008, 267-310.

344.

Christine Jolls, Antidiscrimination and Accomodation, 12/2001; subsequently published in Harvard Law Review, Vol. 115, No. 2, December 2001, 642-699.

343.

Lucian Arye Bebchuk and Assaf Hamdani, Optimal Defaults for Corporate Law Evolution, 11/2001; subsequently published in Northwestern University Law Review, Volume 96, No. 2, Winter 2002, 489-520.

342.

Louis Kaplow and Steven Shavell, Moral Rules and the Moral Sentiments: Toward a Theory of an Optimal Moral System, 11/2001. subsequently published as “Moral Rules, the Moral Sentiments, and Behaviour: Toward a Theory of an Optimal Moral System,” Journal of Political Economy, Vol. 115, No. 3, June 2007, 494-514.

341.

Alma Cohen and Liran Einav, The Effects of Mandatory Seat Belt Laws on Driving Behavior and Traffic Fatalities, 11/2001; subsequently published in Review of Economics and Statistics, Vol. 84, No. 4, November 2003, 828-843.

340.

Steven Shavell, Law versus Morality as Regulators of Conduct, 11/2001; subsequently published in American Law and Economics Review, Volume 4, No. 2, 2002, 227-257.

339.

Mark J. Roe, The Shareholder Wealth Maximization Norm and Industrial Organization, 11/2001; subsequently published in University of Pennsylvania Law Review, Vol. 149, No. 6, (2001), 2063-2081.

338.

Lucian Arye Bebchuk, Jesse M. Fried, and David I. Walker, Executive Compensation in America: Optimal Contracting or Extraction of Rents?, 11/2001; subsequently published as "Managerial Power and Rent Extraction in the Design of Executive Compensation," in The University of Chicago Law Review, Vol. 69, No. 3, Summer 2002, 751-846.

337.

Liran Einav and Barak Y. Orbach, Uniform Prices for Differentiated Goods: the Case of the Movie-Theater Industry, 10/2001; subsequently published as Antitrust and Pricing in the Motion Picture Industry in Yale Journal on Regulation, Vol. 21, No. 2, Summer 2004, 317.

336.

Lucian Bebchuk and Oliver Hart, Takeover Bids vs. Proxy Fights in Contests for Corporate Control, 10/2001.

335.

Yoshiro Miwa and J. Mark Ramseyer, Financial Malaise and the Myth of the Misgoverned Firm, 10/2001; subsequently published as “Chapter 10: Financial Malaise and the Myth of the Misgoverned Bank in Global Markets, Domestic Institutions: Corporate Law Governance in a New Era of Cross-Border Deals, Curtis Milhaupt (ed.), Columbia University Press, 2003.

334.

Yoshiro Miwa and J. Mark Ramseyer, Directed Credit? Capital Market Competition in High-Growth Japan, 09/2001; subsequently published as “Directed Credit? The Loan Market in High-Growth Japan” in Journal of Economics and Management Strategy, Volume 13, Number 1, Spring 2004, 171-205.

333.

Yoshiro Miwa and J. Mark Ramseyer, The Myth of the Main Bank: Japan and Comparative Corporate Governance, 09/2001; subsequently published in Law & Social Inquiry, Vol. 27, No. 2, Spring 2002, 401-424.

332.

Lucian Bebchuk and Allen Ferrell, Federal Intervention to Enhance Shareholder Choice, 08/2001; subsequently published in Virginia Law Review, Vol. 87, No. 5, September 2001, 993-1006.

331.

Laura N. Beny, U.S. Secondary Stock Markets: A Survey of Current Regulatory and Structural Issues and a Reform Proposal to Enhance Competition, 07/2001; subsequently published in Columbia Business Law Review, Vol. 2002, No. 2, 399-474.

330.

Gavin Clarkson, Avoiding Suboptimal Behavior in Intellectual Asset Transactions: Economic and Organizational Perspectives on the Sale of Knowledge, 06/2001; subsequently published in Harvard Journal of Law & Technology, Vol. 14, No. 2, Spring 2001, 711-740.

329.

Alon Klement and Zvika Neeman, Incentive Structures for Class Action Lawyers, 06/2001; subsequently published in Journal of Law, Economics & Organization, Vol. 20, No. 1, April 2004, 102-124.

328.

Lucian Bebchuk, Ex Ante Costs of Violating Absolute Priority in Bankruptcy, 06/2001; subsequently published in Journal of Finance, Volume 57, No. 1, February 2002, 445-460.

327.

Oliver Hart, Financial Contracting, 05/2001; subsequently published as Journal of Economic Literature, Vol. 34, No. 4, December 2001, 1079-1100.

326.

Oliver Hart, Norms and the Theory of the Firm, 05/2001; subsequently published in University of Pennsylvania Law Review, Vol. 149, No. 6, June 2001, 1701-1715.

325.

Eric Rasmusen, Should Candidates Flip a Coin if the Difference in Their Votes is Small?, 05/2001.

324.

Eric Rasmusen, A Model of Negotiation, Not Bargaining: Explaining Incomplete Contracts, 05/2001.

323.

Eric Rasmusen, Agency Law and Contract Formation, 05/2001. subsequently published in American Law and Economics Review, Vol. 6, No. 2, Autumn 2004, 369-409.

322.

Eric Rasmusen, An Economic Approach to Adultery Law, 05/2001.

321.

Lucian Bebchuk and Jesse M. Fried, A New Approach to Valuing Secured Claims in Bankruptcy, 04/2001; subsequently published in Harvard Law Review, Vol. 114, 2001, 2386-2436.

320.

Abraham Bell and Gideon Parchomovsky, Givings, 04/2001; subsequently published in The Yale Law Journal, Vol. 111, No. 3, December 2001, 547-618.

319.

Lucian Bebchuk and Omri Ben-Shahar, Pre-Contractual Reliance, 03/2001; subsequently published in Journal of Legal Studies, Vol. 30, No. 2, Pt. 1, June 2001, 423-457.

318.

Keith N. Hylton and Vikramaditya S. Khanna, Toward an Economic Theory of Pro-Defendant Criminal Procedure, 03/2001.

317.

Christopher Avery, Christine Jolls, Richard A. Posner, and Alvin E. Roth, The Market for Federal Judicial Law Clerks, 03/2001; subsequently published in The University of Chicago Law Review, Vol. 68, No. 3, Summer 2001, 793-902.

316.

Yoshiro Miwa and J. Mark Ramseyer, The Fable of the Keiretsu, 03/2001; subsequently published in Journal of Economics and Management Strategy, Vol. 11, 2002, 169-224.

315.

Vikramaditya S. Khanna, How Does Double Jeopardy Help Defendants?, 02/2001; subsequently published as Double Jeopardy's Asymmetric Appeal Rights: What Purpose Do They Serve? in Boston University Law Review, Vol. 82, April 2002, 341.

314.

Yoshiro Miwa and J. Mark Ramseyer, Does Ownership Matter? Evidence from the Zaibatsu Dissolution Program, 02/2001; subsequently published in Journal of Economics and Management Strategy, Vol. 12, No. 1, Spring 2003, 67-89.

313.

Yoshiro Miwa and J. Mark Ramseyer, Apparel Distribution: Inter-firm Contracting and Intra-firm Organization, 02/2001; subsequently published in Distribution in Japan, Yoshiro Miwa, et al., eds. (New York: Oxford University Press, 2002)

312.

Yoshiro Miwa and J. Mark Ramseyer, Japanese Distribution: Background, Issues, Examples, 02/2001; subsequently published in Distribution in Japan, Yoshiro Miwa, et al., eds. (New York: Oxford University Press, 2002).

311.

Yoshiro Miwa and J. Mark Ramseyer, Property Rights and Indigenous Tradition Among Early 20th Century Japanese Firms, 02/2001; subsequently published in Asian Law and Development: Universal Norms and Local Practices, Arthur Rosett and Lucie Cheng, eds. (RoutledgeCurzon, 2002).

310.

Alon Klement, Private Monitoring in Common Fund Class Actions, 02/2001; subsequently published as Who Should Guard the Guardians? A New Approach for Monitoring Class Action Lawyers, in The Review of Litigation, Vol. 21, No. 1, Winter 2002, 25-82.

2000

309.

Lucian Arye Bebchuk and Allen Ferrell, A New Approach to Takeover Law and Regulatory Competition, 12/2000; subsequently published in Virginia Law Review, Volume 87, No.1, March 2001, 111-164.

308.

Nuno Garoupa and Fernando Gomez-Pomar, Punish Once or Punish Twice: A Theory of the Use of Criminal Sanctions in Addition to Regulatory Penalties, 12/2000; subsequently published in American Law and Economics Review, Vol. 6, No. 2, Fall 2004, 410-433.

307.

W. Kip Viscusi, The Challenge of Punitive Damages Mathematics, 12/2000; subsequently published in The Journal of Legal Studies, Vol. XXX (2) (Pt. 1), June 2001, 313-350.

306.

W. Kip Viscusi, Irineu Carvalho, Fernando Antoñanzas, Joan Rovira, Francisco J. Braña, Fabiola Portillo, Smoking Risks in Spain: Part III - Determinants of Smoking Behavior, 11/2000; subsequently published in Journal of Risk and Uncertainty, Vol. 21:2/3, 2000, 213-234.

305.

Joan Rovira, W. Kip Viscusi, Fernando Antoñanzas, Joan Costa, Warren Hart, Irineu Carvalho, Smoking Risks in Spain: Part II - Perceptions of Environmental Tobacco Smoke Externalities, 11/2000; subsequently published in Journal of Risk and Uncertainty, Vol. 21:2/3, 2000, 187-212.

304.

W. Kip Viscusi, Corporate Risk Analysis: A Reckless Act?, 11/2000; subsequently published in Stanford Law Review, Vol. 52, No. 3, February 2000, 547-597.

303.

Markus Berndt, Global Differences in Corporate Governance Systems Theory and Implications for Reforms, 11/2000.

302.

Louis Kaplow and Steven Shavell, Notions of Fairness versus the Pareto Principle: On the Role of Logical Consistency, 11/2000; subsequently published in Yale Law Journal, Vol. 110, No. 2, November 2000, 237-249.

301.

Lynn A. Stout, Stock Prices and Social Wealth, 11/2000.

300.

Joni Hersch and Leslie S. Stratton, Housework and Wages, 10/2000; subsequently published in Journal of Human Resources, Vol. XXXVII, No. 1, Winter 2002, 217-229.

299.

Joni Hersch, Gender, Income Levels, and the Demand for Cigarettes, 10/2000; subsequently published in Journal of Risk and Uncertainty, Vol. 21, No. 2/3, November 2000, 263-282.

298.

Joni Hersch and Leslie S. Stratton, Household Specialization and the Male Marriage Wage Premium, 10/2000; subsequently published, Industrial and Labor Relations Review, Vol. 54, No. 1, October 2000, 78-94.

297.

John C. Coates IV, Explaining Variation in Takeover Defenses: Failure in the Corporate Law Market, 09/2000; subsequently published as Explaining Variation in Takeover Defenses: Blame the Lawyers in California Law Review, Vol. 89, October 2001, 1301.

296.

Lucian Arye Bebchuk, David I. Walker, The Overlooked Corporate Finance Problems of a Microsoft Breakup, 08/2000; subsequently published in The Business Lawyer, Vol. 56, 2001, 459-481.

295.

Wesley A. Magat, Joel Huber, W. Kip Viscusi, An Iterative Choice Approach to Valuing Clean Lakes, Rivers, and Streams, 08/2000; subsequently published in Journal of Risk and Uncertainty, Vol. 21, No. 1, 2000, 7-43.

294.

W. Kip Viscusi, Risk Equity, 08/2000; subsequently ; published in Journal of Legal Studies, Vol. XXIX, No. 2, June 2000, 843-871.

293.

Fernando Antoñanzas, W. Kip Viscusi, Joan Rovira, Francisco J. Braña, Fabiola Portillo, Irineu Carvalho, Smoking Risks in Spain: Part I - Perception of Risks to the Smoker, 08/2000; subsequently published in Journal of Risk and Uncertainty, Vol. 21:2/3, 2000, 161-186.

292.

W. Kip Viscusi, Misuses and Proper Uses of Hedonic Values of Life, 08/2000; subsequently published in Journal of Forensic Economics, Vol. 13, No. 2, 2000, 111-125.

291.

W. Kip Viscusi, Jurors, Judges, and the Mistreatment of Risk by the Courts, 08/2000; subsequently published in Journal of Legal Studies, Vol. XXX, January 2001, 107-142.

290.

W. Kip Viscusi and Joni Hersch, Cigarette Smokers as Job Risk Takers, 08/2000; subsequently published in Review of Economics and Statistics, Vol. 83, No. 2, May 2001, 269-280.

289.

Yoshiro Miwa and J. Mark Ramseyer, Banks and Economic Growth: Implications from Japanese History, 08/2000; subsequently published in Journal of Law and Economics, Vol. XLV, April 2002, 127-164.

288.

A. Mitchell Polinsky and Steven Shavell, Corruption and Optimal Law Enforcement, 07/2000; subsequently published in Journal of Public Economics, Vol. 81, 2001, 1-24.

287.

Louis Kaplow, A Framework for Assessing Estate and Gift Taxation, 06/2000; subsequently published as Chapter 4 in Rethinking Estate and Gift Taxation, William G. Gale, James R. Hines Jr., Joel Slemrod, eds. (Washington, DC: Brookings Institution, 2001), 164-215.

286.

Christine Jolls, Accommodation Mandates and Antidiscrimination Law, 06/2000; subsequently published as Accommodation Mandates in Stanford Law Review, Vol. 53, No. 2, November 2000, 223-306.

285.

Bruce Hay and David Rosenberg, The Individual Justice of Averaging, 06/2000.

284.

Henry Hansmann and Reinier Kraakman, The Essential Role of Organizational Law, 06/2000; subsequently published in The Yale Law Journal, Vol. 110, No. 3, December 2000, 387-440.

283.

Steven Shavell, Economic Analysis of Law, 06/2000; subsequently published as Law and Economics in Vol. 12, International Encyclopedia of the Social & Behavioral Sciences, Neil J. Smelser and Paul B. Baltes, eds. (Amsterdam, New York: Elsevier, 2001), 8446-8517.

282.

Yoshiro Miwa and J. Mark Ramseyer, Rethinking Relationship-Specific Investments: Subcontracting in the Japanese Automobile Industry, 04/2000; subsequently published in Michigan Law Review, Vol. 98, No. 8, August 2000, 2636-2667.

281.

Allen Ferrell, The Allocation of Investors' Orders and Inefficient Market Competition: A Proposal, 04/2000; subsequently published as A Proposal for Solving the “Payment for Order Flow” Problem in Southern California Law Review, Vol. 74, No. 4, May 2001, 1027-1088.

280.

Henry Hansmann and Reinier Kraakman, The End of History for Corporate Law, 03/2000; subsequently published in Georgetown Law Journal, Vol. 89, No. 2, June 2001, 439-468.

279.

Louis Kaplow, Horizontal Equity: New Measures, Unclear Principles, 03/2000; subsequently published as "Commentary" in Inequality and Tax Policy, 2001, 75-97.

278.

Steven Shavell, On the Social Function and the Regulation of Liability Insurance, 03/2000; subsequently published in Geneva Papers on Risk and Insurance, Issues and Practice, Vol. 25, No. 2, April 2000, 166-179.

277.

Louis Kaplow and Steven Shavell, Principles of Fairness versus Human Welfare: On the Evaluation of Legal Policy, 03/2000; subsequently published as Fairness versus Welfare in Harvard Law Review, Vol. 114, No. 4, February 2001, 961-1388; and as Fairness versus Welfare (Cambridge, Massachusetts, and London, England: Harvard University Press, 2002).

276.

Michael E. Levine, Price Discrimination Without Market Power, 2/00; subsequently published in Yale Journal on Regulation, Vol. 19, No. 1, Winter 2002, 1-36. Revised version available from author at melevine@law.harvard.edu.

275.

Joni Hersch, Marriage, Home Production, and Earnings, 2/00; subsequently published in Marriage and the Economy : Theory and Evidence from Advanced Industrial Societies, Shoshana Grossbard-Shechtman, ed. (New York and Cambridge: Cambridge University Press, 2003), 201-221.

274.

John C. Coates IV and Guhan Subramanian, A Buy-Side Model of Lockups: Theory and Evidence, 1/00; subsequently published in Stanford Law Review, Vol. 53, No. 2, November 2000, 307-396.

273.

Alon Klement, Threats to Sue and Cost Divisiblity Under Asymmetric Information, 1/00; subsequently published in International Review of Law and Economics, Vol. 23, No. 3, September 2003, 261-272.

272.

Louis Kaplow and Steven Shavell, Should Legal Rules Favor the Poor? Clarifying the Role of Legal Rules and the Income Tax in Redistributing Income, 1/00; subsequently published in Journal of Legal Studies, Vol. 29, No. 2, June 2000, 821-835.

1999

271.

Lucian Arye Bechuk, Using Options to Divide Value in Corporate Bankruptcy, 12/99; subsequently published in European Economic Review, Vol. 44, 2000, 829-843.

270.

Dror Ben-Asher, In Need of Treatment? Merger Control, Pharmaceutical Innovation & Consumer Welfare, 12/99; subsequently published in Journal of Legal Medicine, Vol. 21, 2000, 271-349.

269.

Oliver Hart and John Moore, On the Design of Heirarchies: Coordination Versus Specialization, 11/99; subsequently published in Journal of Political Economy, Vol. 113, 2005, 675-702. Contact authors.

268.

J. Mark Ramseyer and Eric B. Rasmusen, Why Are Japanese Judges So Conservative in Politically Charged Cases?, 11/99; subsequently published in American Political Science Review, Vol. 95, No. 2, June 2001, 331-344.

267.

Yoshiro Miwa and J. Mark Ramseyer, The Value of Prominent Directors: Lessons in Corporate Governance from Transitional Japan, 11/99; subsequently published in The Journal of Legal Studies, Vol. XXXI (2) (Pt. 1), 2002, 273-301.

266.

L. A. Bebchuk and M. Roe, A Theory of Path Dependence in Corporate Ownership and Governance, 10/99; subsequently published in Stanford Law Review, Vol. 52, No. 1, November 1999, 127-170.

265.

John C. Coates IV, The Contestability of Corporate Control: A Critique of the Scientific Evidence on Takeover Defenses, 9/99; subsequently published in Texas Law Review, Vol. 79, 2000, 271.

264.

Laura N. Beny, A Comparative Empirical Investigation of Agency and Market Theories of Insider Trading, 9/99; subsequently published as Do Insider Trading Laws Matter? Some Preliminary Comparative Evidence, in American Law and Economics Review (Symposium on Comparative Law and Economics, Andrei Shleifer, ed.), Vol. 7, No. 1, Spring 2005, 144-183; and, in part, as Insider Trading Laws and Stock Markets Around the World: An Empirical Contribution to the Theoretical Law and Economics Debate, in Journal of Corporation Law, Winter 2007.

263.

Barak Y. Orbach, The Durapolist Puzzle: Market Power In Durable-Goods Markets, 9/99; subsequently published in Yale Journal on Regulation, Vol. 21, No. 1, Winter 2004, 67-119.

262.

David Gilo, Does A Supplier Have The Market Power We Thought It Had? The Use of Vertical Integration and Vertical Restraints to Restore the Supplier's Market Power, 8/99; subsequently published as Retail Competition Percolating Through to Suppliers and the Use of Vertical Integration, Tying, and Vertical Restraints To Stop It in Yale Journal on Regulation, Vol. 20, No. 1, Winter 2003, 25-75.

261.

David I. Walker, Rethinking Rights of First Refusal, 8/99; subsequently published in Stanford Journal of Law, Business & Finance, Vol. 5, No. 1, Spring 1999, 1-58.

260.

L. A. Bebchuk, A Rent-Protection Theory of Corporate Ownership and Control, 6/99.

259.

S. R. Krishnamoorthi, Making Local School Councils Work: The Implementation of Local School Councils in Chicago Public Elementary Schools, 6/99; subsequently published in Journal of Law & Education, Vol. 29, No. 3, July 2000, 285-314.

258.

H. Jackson, Regulation in a Multi-Sectored Financial Services Industry: An Exploratory Essay, 5/99; subsequently published in Washington University Law Quarterly, Vol. 77, No. 2, Summer 1999, 319.

257.

L. A. Bebchuk and A. Ferrell, Federalism and Takeover Law: The Race to Protect Managers From Takeovers, 5/99; subsequently published as Federalism and Corporate Law: The Race to Protect Managers from Takeovers in Columbia Law Review, Vol. 99, No. 5, June 1999, 1168-1199.

256.

Y. Miwa & J. M. Ramseyer, Corporate Governance in Transitional Economies: Lessons from the Pre-War Japanese Cotton Textile Industry, 5/99; subsequently published in Journal of Legal Studies, Vol. 29, No. 1, Pt. 1, January 2000, 171.

255.

L. A. Bebchuk and S. Shavell, Reconsidering Contractual Liability and the Incentive to Reveal Information, 5/99; subsequently published in Stanford Law Review, Vol. 51, No. 6, July 1999, 1615-1627.

254.

J. Jaffer, Microfinance And The Mechanics Of Solidarity Lending: Improving Access to Credit through Innovations in Contract Structure, 4/99; subsequently published in Journal of Transnational Law and Policy, Vol. 9, No. 1, 1999, 183.

253.

L. Kaplow and S. Shavell, Any Non-Individualistic Social Welfare Function Violates the Pareto Principle, 3/99; subsequently published as Any Non-Welfarist Method of Policy Assessment Violates the Pareto Principle in Journal of Political Economy, Vol. 109, No. 2, April 2001, 281.

252.

L. Kaplow and S. Shavell, The Conflict between Notions of Fairness and the Pareto Principle, 3/99; subsequently published in American Law and Economics Review, Vol. 1, Nos. 1 & 2, Fall 1999, 63-77.

251.

L. Kaplow and S. Shavell, Economic Analysis of Law, 2/99; subsequently published in Handbook of Public Economics, A. J. Auerbach and M. Feldstein, eds. (Amsterdam, New York: Elsevier, 2002), Vol. 3, Chap. 25, 1661-1784.

250.

M. D. Rosenbaum, Domestic Bureaucracies and the International Trade Regime: The Law And Economics Of Administrative Law And Administratively-Imposed Trade Barriers, 1/99.

249.

L. A. Bebchuk, R. Kraakman, and G. Triantis; Stock Pyramids, Cross-Ownership, and Dual Class Equity: The Creation and Agency Costs of Separating Control from Cash Flow Rights, 1/99; subsequently published in Concentrated Corporate Ownership, R. Morck, ed. (Chicago: University of Chicago Press, 2000), Chapter 10, 295-315.

248.

L. A. Bebchuk and M. Kahan, The "Lemons Effect" in Corporate Freeze-Outs, 1/99; subsequently published as Adverse Selection and Gains to Controllers in Corporate Freezeouts in Concentrated Corporate Ownership, R. Morck, ed. (Chicago: University of Chicago Press, 2000), Chapter 8, 247-259.

1998

247.

A. M. Polinsky and S. Shavell, The Fairness of Sanctions: Some Implications for Optimal Enforcement Policy, 12/98; subsequently published in American Law and Economics Review, Vol. 2, No. 2, Fall 2000, 223-237.

246.

S. Shavell and T. van Ypersele, Rewards versus Intellectual Property Rights, 12/98; ; subsequently published in Journal of Law and Economics, Vol. 44, No. 2, October 2001, 525-547.

245.

H. Jackson, Regulatory Problems in Privatizing Social Security, 11/98; subsequently published in Framing the Social Security Debate: Values, Politics and Economics, R.D. Arnold, M. Graetz, and A.H. Munnell, eds. (Washington, DC: Brookings Institution Press, 1998).

244.

J. M. Ramseyer, Cross-shareholding in the Japanese Keiretsu, 10/98; subsequently published in Convergence and Persistence in Corporate Governance, Jeffrey N. Gordon and Mark J. Roe, eds. (Cambridge University Press, 2004).

243.

P. Born and W. Kip Viscusi, The Distribution of the Insurance Market Effects of Tort Liability Reforms, 10/98; subsequently published in Brookings Papers on Economic Activity: Microeconomics,1998, 55-100.

242.

O. Hart and J. Moore, Foundations of Incomplete Contracts, 10/98; subsequently published in Review of Economic Studies, Vol. 66, No. 1, 1999, 115-138. Contact authors.

241.

H. Jackson, The Selective Incorporation of Foreign Legal Systems to Promote Nepal as an International Financial Services Center, 10/98; subsequently published in Regulation and Deregulation: Policy and Practice in the Utilities and Financial Services Industry, Christopher McCrudden, ed. (Oxford: Clarendon Press, 1999).

240.

J. M. Ramseyer and E. Rasmusen, Why Is the Japanese Conviction Rate So High? 10/98; subsequently published in Journal of Legal Studies, Vol. 30, No. 1, January 2001, 53-88.

239.

C. Jolls, Stock Repurchases and Incentive Compensation, 8/98. Contact author.

238.

W. Kip Viscusi, Why There Is No Defense of Punitive Damages, 7/98; subsequently published in The Georgetown Law Journal, Vol. 87, No. 2, November 1998, 381-396.

237.

W. Kip Viscusi, The Social Costs of Punitive Damages Against Corporations in Environmental and Safety Tort, 7/98; subsequently published in The Georgetown Law Journal, Vol. 87, No. 2, November 1998, 285-346.

236.

C. Jolls, C. Sunstein, and R. Thaler, A Behavioral Approach to Law and Economics, 5/98; subsequently published in Stanford Law Review, Volume 50, May 1998, 1471-1550; ©1998 by the board of Trustees of the Leland Stanford Junior University.

235.

A. M. Polinsky and S. Shavell, The Economic Theory of Public Enforcement of Law, 5/98; subsequently published in Journal of Economic Literature, Vol. 38, No. 1, March 2000, 45-76.

234.

J. Hersch and W. K. Viscusi, The Courtroom Comes to the Classroom: Estimating Economic Damages as an Instructional Device, 5/98; subsequently published in Journal of Economic Education, Vol. 29, No. 4, Fall 1998, 301-311.

233.

A. Licht, International Diversity in Securities Regulation: Some Roadblocks on the Way to Convergence, 4/98; subsequently published in Cardozo Law Review, Vol. 20, No. l, September 1998, 227-285.

232.

R. Mnookin, Alternative Dispute Resolution, 3/98; subsequently published in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 1, A-D, 56-60.

231.

R. Mnookin, Divorce, 3/98; subsequently published in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 1, A-D, 639-644.

230.

L. Kaplow, A Note on the Optimal Supply of Public Goods and the Distortionary Cost of Taxation, 2/98; subsequently published in National Tax Journal, Vol. 51 March 1998, 117-125.

229.

O. Hart and J. Moore, Cooperatives vs. Outside Ownership, 1/98. Contact authors.

1997

228.

L. Bebchuk and H. Chang, The Effect of Offer-of-Settlement Rules on the Terms of Settlement, 12/97; subsequently published in Journal of Legal Studies, Vol. 28, No. 2, June 1999, 489-513.

227.

L. Bebchuk, Chapter 11, 12/97; subsequently published in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 1, A-D, 219-224.

226.

L. Bebchuk, Negative Expected Value Suits, 12/97; subsequently published as Suits with Negative Expected Value in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 3, P-Z, 551-554.

225.

A. M. Polinsky and S. Shavell, Public Enforcement of Law, 12/97; subsequently published in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 3, P-Z, 178-188; and in Encyclopedia of Law and Economics, Boudewijn Bouckaert & Gerrit De Geest, eds. (Cheltenham, UK: Edward Elgar, 2000), Vol. V, 307-344.

224.

L. Bebchuk and J. Fried, The Uneasy Case for the Priority of Secured Claims in Bankruptcy: Further Thoughts and a Reply to Critics, 11/97; subsequently published in Cornell Law Review, Vol. 82, No. 6, September 1997, 1279-1348.

223.

A. Licht, Games Commissions Play: 2x2 Games of International Securities Regulation, 11/97; subsequently published in The Yale Journal of International Law, Vol. 24, No. 1, Winter 1999, 61-128.

222.

S. Shavell, Contracts, 11/97; subsequently published in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 1, A-D, 436-445.

221.

H. Jackson, The Regulation of Financial Holding Companies, 11/97; subsequently published in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 3, P-Z, 232-237.

220.

L. Kaplow, Transfer Motives and Tax Policy, 11/97; subsequently published as Tax Policy and Gifts in AEA Papers and Proceedings, Vol. 88, No. 2, May 1998, 283-288.

219.

A. Licht, Regulatory Arbitrage for Real: International Securities Regulation in a World of Interacting Securities Markets, 11/97; subsequently published in Virginia Journal of International Law, Vol. 38, Summer 1998, 563.

218.

B. Hay and K. Spier, Litigation and Settlement, 11/97; subsequently published as Settlement of Litigation in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 3, P-Z, 442-451.

217.

L. Kaplow, A Note on Antitrust Issues in the Licensing of Intellectual Property, 11/97; subsequently published as Comment on Antitrust Issues in the Licensing of Intellectual Property in Brookings Papers on Economic Activity: Microeconomics, 1997, 337-344.

216.

J. Arlen and R. Kraakman, Controlling Corporate Misconduct: An Analysis of Corporate Liability Regimes, 10/97; subsequently published in New York University Law Review, Vol. 72, No. 4, October 1997, 687-779.

215.

L. Kaplow and S. Shavell, On the Superiority of Corrective Taxes to Quantity Regulation, 10/97; subsequently published in American Law and Economics Review, Vol. 4, No. 1, 2002, 1-17.

214.

A. M. Polinsky and S. Shavell, Punitive Damages, 9/97; subsequently published in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 3, P-Z, 192-198.

213.

A. M. Polinsky and S. Shavell, On the Disutility and Discounting of Imprisonment and the Theory of Deterrence, 9/97; subsequently published in Journal of Legal Studies, Vol. 28, No. 1, January 1999, 1-16.

212.

A. M. Polinsky and S. Shavell, Punitive Damages: An Economic Analysis, 7/97; subsequently published in Harvard Law Review, Vol. 111, No. 4, February 1998, 869-962.

211.

O. Hart and J. Moore, Default and Renegotiation: A Dynamic Model of Debt, 6/97; subsequently published in Quarterly Journal of Economics, Vol. 113, No. 1, 1998, 1-41.

210.

S. Shavell, Legal Advice, 4/97; subsequently published in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 2, E-O, 516-520.

209.

L. Bebchuk, L. Kaplow, and J. Fried, Concentration in the Israeli Economy and Bank Investment in Nonfinancial Companies, 1/97; subsequently published in Economic Quarterly, Vol. 23, No. 4, 1996 (in Hebrew), 643-670.

208.

B. Hay, Asymmetric Rewards: Why Class Actions (May) Settle for Too Little, 1/97.

1996

207.

R. Mnookin and R. Wilson, A Model of Efficient Discovery, 12/96; subsequently published in Games and Economic Behavior, Vol. 25, No. 2, November 1998, 219-250.

206.

S. Shavell, The Fundamental Divergence Between the Private and the Social Motive to Use the Legal System, 11/96; subsequently published in Journal of Legal Studies, Vol. 26, No. 2, June 1997, 575-612.

205.

B. Hay, Allocating the Burden of Proof, 11/96; subsequently published in Indiana Law Journal, Vol. 72, No. 3, Summer 1997.

204.

L. Bebchuk and I.P.L. Png, Damage Measures for Inadvertent Breach of Contract, 11/96; subsequently published in International Review of Law and Economics, Vol. 19, No. 3, September 1999,319-333.

203.

B. Hay, The Economics of Lawyer Referrals, 10/96.

202.

L. Bebchuk, The Effect of Fee-Shifting Rules on Settlement Terms, 10/96.

201.

J. Fried, Executory Contracts and Performance Decisions in Bankruptcy, 10/96; subsequently published in Duke Law Journal, Vol. 46, No. 3, 1996, 517-574.

200.

V. Khanna, Corporate Mens Rea: A Legal Construct in Search of a Rationale, 9/96; subsequently published as Is the Notion of Corporate Fault a Faulty Notion?: The Case of Corporate Mens Rea in Boston University Law Review, Vol. 79, No. 2, April 1999, 355-414.

199.

J. Cullen and S. Levitt, Crime, Urban Flight, and the Consequences for Cities, 9/96; subsequently published in Review of Economics and Statistics, Vol. 81, No. 2 (1999), 159-169.

198.

L. Kaplow, Accuracy in Adjudication, 9/96; subsequently published in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed. (New York: Stockton Press, 1998), Vol. 1, A-D, 1-7.

197.

I. Ayres and S. Levitt, Measuring Positive Externalities from Unobservable Victim Precaution: An Empirical Analysis of Lojack, 9/96; subsequently published in Quarterly Journal of Economics, Vol. 113, No. 1, 1998, 43-77.

196.

L. Kaplow, The Income Tax Versus the Consumption Tax and the Tax Treatment of Human Capital, 9/96; published in Tax Law Review, Vol. 51, No. 1, 1995, 35-46.

195.

J. Fried, Towards Reducing the Profitability of Corporate Insider Trading, 8/96; subsequently published as Reducing the Profitability of Corporate Insider Trading Through Pretrading Disclosure in Southern California Law Review, Vol. 71, No. 2, January 1998, 303-392.

194.

R. Croson and R. Mnookin, Does Disputing Through Agents Enhance Cooperation? Eperimental Evidence, 8/96; subsequently published in Journal of Legal Studies, Vol. XXVI(2) (Pt.1), June 1997, 331-345.

193.

S. Shavell, Causation and Tort Liability, 8/96; subsequently published in The New Palgrave Dictionary of Economics and the Law, Peter Newman, ed., (New York: Stockton Press, 1998), Vol. 1, A-D, 211-214.

192.

L. Bebchuk and O. Ben-Shahar, Pre-Contractual Reliance, 8/96; subsequently published in The Journal of Legal Studies, Vol. XXX, No. 2, Pt. 1, June 2001, 423-457.

191.

L. Kaplow, General Characteristics of Rules, 8/96; subsequently electronically published at http://encyclo.findlaw.com/lit/9000art.htm in the Encyclopedia of Law and Economics, 1997.

190.

L. Bebchuk, On Divisibility and Credibility: The Effects of the Distribution of Litigation Costs over Time on the Credibility of Threats to Sue, 8/96.

189.

D. Gilo, The Anticompetitive Effect of Passive Investment, 7/96; subsequently published in Michigan Law Review, Vol. 99, No. 1, October 2000, 1-47.

188.

A. M. Polinsky and S. Shavell, Repeat Offenders and the Theory of Deterrence, 7/96; subsequently published as On Offense History and the Theory of Deterrence in International Review of Law and Economics, Vol. 18, No. 3, September 1998, 305-324.

187.

S. Levitt, Incentive Compatibility Constraints as an Explanation for the Use of Prison Sentences Instead of Fines, 6/96; subsequently published in International Review of Law and Economics, Vol. 17 (1997), 179-192.

186.

S. Levitt, Using Electoral Cycles in Police Hiring to Estimate the Effect of Police on Crime, 6/96; subsequently published in American Economic Review, Vol. 87, No. 3 (1997), 270-290.

185.

S. Levitt, Why Do Increased Arrest Rates Appear to Reduce Crime: Deterrence, Incapacitation, or Measurement Error?, 6/96; subsequently published in Economic Inquiry, Vol. 36, No. 3 (1998), 353-372.

184.

S. Shavell, The Level of Litigation: Private versus Social Optimality, 6/96; subsequently published as The Level of Litigation: Private versus Social Optimality of Suit and of Settlement in International Review of Law and Economics, Vol. 19, No. 1, March 1999, 99-115.

183.

A. Guzmán, A Better Argument for Universalism in Transnational Bankruptcies, 4/96.

182.

D. Charny and M. Gulati, Efficiency Wages, Tournaments, and Discrimination: A Theory of Employment Discrimination Law for "High Level" Jobs, 3/96; subsequently published in Harvard Civil Rights-Civil Liberties Law Review, Vol. 33, No. 1, Winter 1998,57-105.

181.

L. Bebchuk and L. Zingales, Corporate Ownership Structures: Private Versus Social Optimality, 2/96; subsequently published as Ownership Structures and the Decision to Go Public: Private versus Social Optimality in Concentrated Corporate Ownership, R. Morck, ed. (Chicago: University of Chicago Press, 2000), Chapter 2, 55-75.

180.

L. Bebchuk and A. Guzmán, An Economic Analysis of Transnational Bankruptcies, 2/96; revised 2/98; subsequently published in Journal of Law and Economics, Vol. 42, No. 2, October 1999, 775-808.

179.

L. Bebchuk and C. Jolls, Managerial Value Diversion and Shareholder Wealth, 2/96; subsequently published in Journal of Law, Economics, & Organization, Vol. 15, No. 2, July 1999, 487-502.

178.

L. Kaplow, On the Divergence Between "Ideal" and Conventional Income-Tax Treatment of Human Capital, 1/96; subsequently published in AEA Papers and Proceedings, Vol. 86, No. 2, May 1996, 347-352.

177.

B. Hay and K. Spier, Burdens of Proof in Civil Litigation: An Economic Perspective, 1/96; subsequently published in Journal of Legal Studies, Vol. XXVI, No. 2, Part 1, June 1997, 413-431.

176.

L. Kaplow, Tax and Non-Tax Distortions, 1/96; subsequently published in Journal of Public Economics, Vol. 68, No. 2, May 1998, 303-306.

175.

O. Ben-Shahar and A. Harel, The Economics of the Law of Criminal Attempts: A Victim-Centered Perspective, 1/96; subsequently published in University of Pennsylvania Law Review, Vol. 145, No. 2, December 1996, 299-351.

174.

L. Kaplow, How Tax Complexity and Enforcement Affect the Equity and Efficiency of the Income Tax, 1/96; subsequently published in National Tax Journal, Vol. XLIX, No. 1, 1996, 135-150.

173.

L. Kaplow, Recovery of Pre-Enactment Basis Under a Consumption Tax: The USA Tax System, 1/96; subsequently published in Tax Analysts, Special Report, Tax Notes, August 28, 1995, 1109-1118.

1995

172.

B. Hay, The Optimal Structure of Contingent Fees in a World of Settlement, 11/95; subsequently published as Optimal Contingent Fees in a World of Settlement in Journal of Legal Studies, Vol. XXVI, No. 1, January 1997, 259-278.

171.

S. Shavell and K. Spier, Threats Without Binding Commitment, 11/95; subsequently published in Topics in Economic Analysis & Policy, Vol. 2, Issue 1, Article 2, 2002, 1-9.

170.

D. Gilo, Partial Ownership as a Strategic Variable to Facilitate Tacit Collusion, 10/95.

169.

V. Khanna, Corporate Criminal Liability: What Purpose Does It Serve? 9/95; subsequently published in Harvard Law Review, Vol. 109, No. 7, May 1996, 1477-1534.

168.

B. Hay, Innovation Under Technology-Based Regulation, 9/95.

167.

L. Kaplow, Fiscal Federalism and the Deductibility of State and Local Taxes under the Federal Income Tax, 8/95; subsequently published in Virginia Law Review, Vol. 82, No. 3, April 1996, 413-492.

166.

L. Bebchuk and J. Fried, The Uneasy Case for the Priority of Secured Claims in Bankruptcy, 8/95; subsequently published in Yale Law Journal, Vol. 105, No. 4, January 1996, 857-934.

165.

L. Bebchuk and A. Guzman, How Would You Like to Pay for That? The Strategic Effects of Contingent Fees and Retainer Arrangements on Settlement Terms, 8/95; subsequently published as How Would You Like to Pay for That? The Strategic Effects of Fee Arrangements on Settlement Terms in Harvard Negotiation Law Review, Vol. 1, Spring 1996, 53-63.

164.

S. Shavell, Any Frequency of Plaintiff Victory at Trial is Possible, 7/95; subsequently published in Journal of Legal Studies, Vol. 25, No. 2, June 1996, 493-501.

163.

Z. Shohet, An Explanation for the Anomalous Pattern of NASDAQ Quotations, 7/95.

162.

B. Hay, Contingent Fees and Agency Costs, 6/95; revised 7/95; subsequently published in Journal of Legal Studies, Vol. 25, No. 2, June 1996, 503-533.

161.

B. Hay, Contingent Fees and the Problem of Settlement, 6/95; revised and retitled as Contingent Fees and Settlement, 7/95.

160.

S. Shavell, The Optimal Level of Corporate Liability Given the Limited Ability of Corporations to Penalize Their Employees, 6/95; subsequently published in International Review of Law and Economics, Vol. 17, 1997, 203-213.

159.

L. Kaplow and S. Shavell, Do Liability Rules Facilitate Bargaining? A Reply to Ayres and Talley, 4/95; subsequently published in Yale Law Journal, Vol. 105, No. 1, October 1995, 221-233.

l58.

L. Bebchuk, On the Credibility and Success of Threats to Sue, 4/95; revised and retitled, 8/95; subsequently published as A New Theory concerning the Credibility and Success of Threats to Sue in Journal of Legal Studies, Vol. XXV, No. 1, January 1996, 1-25.

157.

C. Barir, The Case for a Managerial Duty to Ensure Adequate Corporate Capitalization, 4/95.

156.

L. Kaplow and S. Shavell, Property Rules versus Liability Rules, 3/95; subsequently published in Harvard Law Review, Vol. 109, No. 4, February 1996, 713-790.

155.

B. Black, R. Kraakman, and J. Hay, Corporate Law from Scratch, 3/95; subsequently published in Volume 2 of Corporate Governance in Central Europe and Russia: Insiders and the State 245, Roman Frydman, Cheryl W. Gray & Andrzej Rapaczynski, eds. (Budapest: Central European University Press, 1996), 245.

154.

B. Liang, Medical Malpractice: Do Physicians Have Knowledge of Legal Standards and Assess Cases as Juries Do?, 3/95; subsequently published in Roundtable, Vol. 3, No. 1, 1996, 59-111.

153.

M. Kahan, The Incentive Effects of Settlements Under Joint and Several Liability, 3/95; subsequently published in International Review of Law and Economics, Vol. 16, No. 4, December 1996, 389-395.

152.

M. Kahan, Anti-Dilution Provisions in Convertible Securities: A Guide Through the Maze, 3/95; subsequently published in Stanford Journal of Law, Business & Finance, Vol. 2, No. 1, Fall 1995, 147-165.

151.

M. Kahan and B. Tuckman, Private vs. Public Lending: Evidence from Covenants, 2/95; subsequently published in The Yearbook of Fixed Income Vesting: 1995, John Finnerty and Martin Fridson, eds., 1996.

150.

L. Kaplow, Regional Cost-of-Living Adjustments in Tax-Transfer Schemes, 2/95; subsequently published in Tax Law Review, Vol. 51, No. 2, 1996, 175-198.

1994

149.

L. Kaplow, A Fundamental Objection to Tax Equity Norms: A Call for Utilitarianism, 12/94; subsequently published in National Tax Journal, Vol. 58, No. 4, 497-514.

148.

L. Kaplow, The Standard Deduction and Floors in the Income Tax, 11/94; subsequently published in Tax Law Review, Vol. 50, No. 1, 1994, 1-31.

147.

L. Kaplow, A Note on Subsidizing Gifts, 10/94; subsequently published in Journal of Public Economics, Vol. 58, 1995, 469-477.

146.

L. Kaplow, Tax Treatment of Families, 10/94; subsequently published in Encyclopedia of Taxation and Tax Policy, J. Cordes, R. Ebel, and J. Gravelle, eds. (Washington, DC: Urban Institute Press, 1999).

145.

O. Ben-Shahar and A. Harel, "Blaming the Victim": Optimal Incentives for Private Precautions Against Crime, 8/94; subsequently published in Journal of Law, Economics, & Organization, Vol. 11, No. 2, 1995, 434-455.

144.

S. Shavell, The Appeals Process as a Means of Error Correction, 8/94; subsequently published in Journal of Legal Studies, Vol. 24, No. 2, June 1995, 379-426.

143.

B. Hay, Effort, Information, Settlement, Trial, 7/94; subsequently published in Journal of Legal Studies, Vol. 24, No. 1, January, 1995, 29-62.

142.

P. Aghion, O. Hart, and J. Moore, Improving Bankruptcy Procedure, 2/94; subsequently published in Washington University Law Quarterly, Vol. 72, No. 3, Fall 1994, 849-872.

141.

B. Hay, Civil Discovery: Its Effects and Optimal Scope, 2/94; subsequently published in Journal of Legal Studies, Vol. 23, No. 1, Part.2, January 1994, 481-515.

140.

O. Ben-Shahar, Accuracy in the Determination of Legal Standards, 2/94; subsequently published as Informed Courts, Uninformed Individuals and the Economics of Judicial Hindsight in Journal of Institutional and Theoretical Economics ,Vol. 151, 1995, 613-630.

139.

L. Kaplow, Accuracy, Complexity, and the Income Tax, 1/94; subsequently published in Journal of Law, Economics, & Organization, Vol. 14, No. 1, 1998, 61.

1993

138.

A. M. Polinsky and S. Shavell, Should Liability be Based on the Harm to the Victim or the Gain to the Injurer?, 12/93; subsequently published in Journal of Law, Economics, & Organization, Vol. 10, No. 2, October 1994, 427-437.

137.

L. Kaplow, Should the Government's Allocation Branch be Concerned About the Distortionary Cost of Taxation and Distributive Effects?, 12/93; subsequently published as The Optimal Supply of Public Goods and the Distortionary Cost of Taxation in National Tax Journal, Vol. XLIX, No. 4, December 1996, 513-533.

136.

L. Bebchuk, Efficient and Inefficient Sales of Corporate Control, 10/93; subsequently published in Quarterly Journal of Economics, November 1994, 957-993.

135.

L. Bebchuk and H. Chang, An Analysis of Fee-Shifting Based On the Margin of Victory: On Frivolous Suits, Meritorious Suits, and the Role of Rule 11, 10/93; subsequently published in Journal of Legal Studies, Vol. 25, No. 2, June 1996, 371-403.

134.

O. Ben-Shahar, Playing Without a Rulebook: Optimal Sanctions Under Imperfect Information, 9/93; subsequently published as Playing Without a Rulebook: Optimal Enforcement When Individuals Learn the Penalty Only by Committing the Crime in International Review of Law and Economics, Vol. 17, 1997, 409-421.

133.

R. Kraakman, H. Park, and S. Shavell, When are Shareholder Suits in Shareholder Interests?, 8/93; subsequently published in Georgetown Law Journal, Vol. 82, No. 5, June 1994, 1733-1775.

132.

K. Spier and M. Whinston, On the Efficiency of Privately Stipulated Damages for Breach of Contract: Entry Barriers, Reliance, and Renegotiation, 8/93; subsequently published in RAND Journal of Economics, Vol. 26, No. 2, 1995, 180-202.

131.

S. Shavell, Alternative Dispute Resolution: An Economic Analysis, 7/93; subsequently published in Journal of Legal Studies, Vol. XXIV, No. 1, January 1995, 1-28.

130.

L. Kaplow and S. Shavell, The Efficiency of the Legal System versus the Income Tax in Redistributing Income, 6/93; subsequently published as Why the Legal System is Less Efficient than the Income Tax in Redistributing Income, Journal of Legal Studies, Vol. 23, No. 2, June 1994, 667- 681.

129.

C. Jolls, Side-Contracting in Economic Relationships: Legal Solutions, 6/93.

128.

C. Jolls, Contracts and "Cooperative Commitment": A New Concern About Contract Modification, 6/93; revised as Contracts as Bilateral Commitments: A New Concern About Contract Modification, 7/93; subsequently published as Contracts as Bilateral Commitments: A New Perspective on Contract Modification in Journal of Legal Studies, Vol. XXVI, No. 1, January 1997, 203-237.

127.

O. Ben-Shahar and P. von Randow, Strict Liability Versus Negligence Under Incomplete Information, 4/93.

126.

K. Spier, Settlement Bargaining and the Design of Damage Awards, 3/93; subsequently published in Journal of Law, Economics, & Organization, Vol. 10, No. 1, 1994, 84-95.

125.

A.M. Polinsky and D. Rubinfeld, Sanctioning Frivolous Suits: An Economic Analysis, 3/93; subsequently published in Georgetown Law Review, Vol. 82, No. 2, December 1993, 397-435.

124.

L. Kaplow, Human Capital and the Income Tax, 3/93; subsequently published as Human Capital Under An Ideal Income Tax in Virginia Law Review, Vol. 80, No. 7, October 1994, 1477-1514.

123.

L. Kaplow, The Value of Accuracy in Adjudication, 3/93; subsequently published as The Value of Accuracy in Adjudication: An Economic Analysis in Journal of Legal Studies, Vol. 23, No. 1, Part 2, January 1994, 307-401.

122.

L. Kaplow, Optimal Insurance Contracts When Establishing the Amount of Losses is Costly, 3/93; subsequently published in Geneva Papers on Risk and Insurance Theory, Vol. 19, 1995, 139-152.

121.

K. Spier and D. Weinstein, Retaliatory Mechanisms for Eliminating Trade Barriers: Aggressive Unilateralism vs. GATT Cooperation, 2/93; subsequently published as Chapter 14 in Imperfect Competition in International Trade, W.W. Chang and S. Katayama, eds. (Boston/Dordrecht/London: Kluwer Academic Publishers, 1995).

120.

L. Kaplow, Shifting Plaintiffs' Fees versus Increasing Damage Awards, 1/93; subsequently published in The Rand Journal of Economics, Vol. 24, No. 4, Winter 1993.

1992

119.

L. Bebchuk and R. Picker, Bankruptcy Rules, Managerial Entrenchment, and Firm-Specific Human Capital, 12/92.

118.

S. Shavell, An Economic Analysis of Threats and Their Illegality: Blackmail, Extortion, and Robbery, 12/92; subsequently published in University of Pennsylvania Law Review, Vol. 141, No. 5, May 1993, 1877-1903.

117.

L. Kaplow and S. Shavell, Accuracy in the Determination of Liability, 10/92; subsequently published in Journal of Law and Economics, Vol. 37, April 1994, 1-15.

116.

L. Kaplow and S. Shavell, Accuracy in the Assessment of Damages, 10/92; subsequently published in Journal of Law and Economics, Vol. 39, No. 1, April 1996, 191-210.

115.

L. Kaplow, Optimal Distribution and Taxation of the Family, 10/92; subsequently published as Optimal Distribution and the Family in Scandinavian Journal of Economics, Vol. 98, No. 1, 1996, 75-92.

114.

A. M. Polinsky and S. Shavell, Optimal Cleanup and Liability After Environmentally Harmful Discharges, 9/92; subsequently published as A Note on Optimal Cleanup and Liability After Environmentally Harmful Discharges, Research in Law and Economics, Vol. 16, 1994, 17-24.

113.

K. Spier, Pretrial Bargaining and Fee-Shifting Mechanisms: A Theoretical Foundation for Rule 68, 7/92; subsequently published as Pretrial Bargaining and the Design of Fee-Shifting Rules in RAND Journal of Economics, Vol. 25, No. 2, 1994, 197-214.

112.

S. Shavell, The Optimal Structure of Law Enforcement, 7/92; subsequently published in Journal of Law and Economics, Vol. 36, No. 1, Part 2, April 1993, 255-287.

111.

W.P.J. Wils, Who Should Bear the Costs of Failed Negotiations? A Functional Inquiry Into Precontractual Liability, 6/92; subsequently published in Journal des Economistes et des Etudes Humaines, Vol. 4, No. 1, March 1993, 93-134.

110.

J. Dana, Jr. and K. Spier, Expertise and Contingent Fees: The Role of Asymmetric Information in Attorney Compensation; 5/92; subsequently published in Journal of Law, Economics, & Organization, Vol. 9, No. 2, October 1993, 349-367.

109.

S. Shavell, Contingent Valuation of the Nonuse Value of Natural Resources: Implications for Public Policy and the Liability System, 5/92; subsequently published in Contingent Valuation: A Critical Assessment, J. Hausman, ed. (Amsterdam: North-Holland, 1993), 371-388.

108.

L. Kaplow, Rules Versus Standards: An Economic Analysis, 4/92; subsequently published in Duke Law Journal, Vol. 42, No. 3, December 1992, 557-629.

107.

O. Ben-Shahar, Decision Rules in Judicial Panels: Choosing Among a Continuum of Outcomes, 2/92.

106.

S. Shavell, Suit Versus Settlement When Parties Seek Nonmonetary Judgments, 1/92; subsequently published in Journal of Legal Studies, Vol. 22, No. 1, January 1993, 1-13.

105.

A. M. Polinsky and S. Shavell, Should Employees be Subject to Fines and Imprisonment Given the Existence of Corporate Liability?, 1/92; subsequently published in International Review of Law and Economics, Vol. 13, 1993, 239-257.

1991

104.

L. Bebchuk, The Effect of Chapter 11 and Debt Renegotiation on Ex Ante Corporate Decisions, 12/91; subsequently published as Ex Ante Costs of Violating Absolute Priority in Bankruptcy in Journal of Finance, Volume 57, No. 1, February 2002, 445-460.

103.

L. Bebchuk and C. Fershtman, The Effects of Insider Trading on Insiders' Effort in Good and Bad Times, 12/91; subsequently published in European Journal of Political Economy, Vol. 9, 1993, 469-481.

102.

V. Brudney, Corporate Bondholders and Debtor Opportunism: In Bad Times and Good, 12/91.

101.

L. Stole, The Economic Effects of Liability Rules on Railroad Employee Accidents: 1890-1970, 12/91.

100.

L. Stole, Mechanism Design under Common Agency, 12/91.

99.

L. Stole, The Economics of Liquidated Damage Clauses in Contractual Environments with Private Information, 12/91; subsequently published in Journal of Law, Economics, & Organization, Vol. 8, No. 3, October 1992, 582-606.

98.

L. Kaplow and S. Shavell, Private Versus Socially Optimal Provision of Ex Ante Legal Advice, 10/91; subsequently published in Journal of Law, Economics, & Organization, Vol. 8, No. 2, April 1992, 306-320.

97.

L. Kaplow, A Model of the Optimal Complexity of Rules, 10/91; subsequently published as A Model of the Optimal Complexity of Legal Rules in Journal of Law, Economics, & Organization, Vol. 11, No. 1, April 1995, 150-163.

96.

H. Chang, Patent Scope, Antitrust Policy, and Cumulative Innovation, 9/91; subsequently published in Rand Journal of Economics, Vol. 26, No. 1, Spring 1995, 34-57.

95.

L. Kaplow and S. Shavell, Optimal Law Enforcement with Self-Reporting of Behavior, 8/91; subsequently published in Journal of Political Economy, Vol. 102, No. 3, June 1994, 583-606.

94.

H. Hansmann and R. Kraakman, Toward Unlimited Shareholder Liability for Corporate Torts, 5/91; subsequently published in The Yale Law Journal, Vol. 100, No. 7, May 1991, 1879-1934.

93.

R. Gilson and R. Kraakman, Reinventing the Outside Director: An Agenda for Institutional Investors, 5/91; subsequently published in Stanford Law Review, Vol. 43, No. 4, April 1991, 863.

92.

L. Kaplow, Taxation and Risk Taking: A General Equilibrium Perspective, 5/91; subsequently published in National Tax Journal, Vol. 47, No. 4, December 1994, 789-798.

91.

S. Shavell, Acquisition and Disclosure of Information Prior to Economic Exchange, 4/91; subsequently published as Acquisition and Disclosure of Information Prior to Sale in RAND Journal of Economics, Vol. 25, No. 1, Spring 1994, 20-36.

90.

L. Bebchuk and L. Kaplow, Optimal Sanctions When Individuals Are Imperfectly Informed About the Probability of Apprehension, 4/91; subsequently published in Journal of Legal Studies, Vol. 21, No. 2, June 1992, 365-370.

89.

S. Shavell, Liability and the Incentive to Obtain Information About Risk, 4/91; subsequently published in Journal of Legal Studies, Vol. 21, No. 2, June 1992, 259-270.

88.

L. Bebchuk and L. Kaplow, Optimal Sanctions When the Probability of Apprehension Varies Among Individuals, 4/91; subsequently published as Optimal Sanctions and Differences in Individuals' Likelihood of Avoiding Detection in International Review of Law and Economics, Vol. 13, 1993, 217-224.

87.

L. Bebchuk and L. Stole, Do Short-Term Managerial Objectives Lead to Under- or Over-Investment in Long-Term Projects?, 2/91; subsequently published as Do Short-Term Objectives Lead to Under- or Overinvestment in Long-Term Projects in Journal of Finance, Vol. XLVIII, No. 2, June 1993, 719-729.

86.

H. Gravelle, The Efficiency Implications of Cost Shifting Rules, 2/91; subsequently published in International Review of Law and Economics, Vol. 13, No. 1, March 1993, 3-18.

85.

L. Kaplow, Horizontal Equity: Still Searching for a Principle, 2/91; subsequently published as A Note on Horizontal Equity in Florida Tax Review, Vol. 1, No. 3, December 1992, 191-196.

84.

L. Kaplow, A Note on Taxation as Social Insurance for Uncertain Labor Income, 2/91; subsequently published in Public Finance, Vol. 49, No. 2, 1994, 244-256.

83.

L. Kaplow, Income Tax Deductions for Losses as Insurance, 2/91; subsequently published in American Economic Review, Vol. 82, No. 4, September 1992, 1013-17.

82.

L. Kaplow, The Income Tax as Insurance: The Casualty Loss and Medical Expense Deductions and the Exclusion of Medical Insurance Premiums, 2/91; subsequently published in California Law Review, Vol. 79, No. 6, December 1991, 1485-1510.

81.

E. Posner, The Bargain Principle and the Fairness Principle in Contract Decisions: Michigan, 1900-1950, 1/91.

1990

80.

L. Bebchuk and H. Chang, Bargaining and the Division of Value in Corporate Reorganization, 12/90; subsequently published in Journal of Law, Economics, & Organization, Vol. 8, No. 2, 1992, 253-279.

79.

M. Adams, Norms, Standards, Rights, 11/90; subsequently published in European Journal of Political Economy, Vol. 12, No. 2, September 1996, 363-375.

78.

L. Bebchuk and S. Shavell, Information and the Scope of Liability for Breach of Contract: The Rule of Hadley v. Baxendale, 11/90; subsequently published in Journal of Law, Economics, & Organization, Vol. 7, No. 2, Fall 1991, 284- 312.

77.

L. Bebchuk and M. Kahan, A Framework for Analyzing Legal Policy Toward Proxy Contests, 9/90; subsequently published in California Law Review, Vol. 78, No. 5, October 1990, 1071-1135.

76.

L. Bebchuk and C. Fershtman, The Effect of Insider Trading on Insiders' Reaction to Opportunities to "Waste" Corporate Value, 9/90.

75.

L. Bebchuk and C. Fershtman, The Effects of Insider Trading on Insiders' Choice Among Risky Investment Projects, 9/90; subsequently published as Insider Trading and the Managerial Choice among Risky Projects in Journal of Financial and Quantitative Analysis, Vol. 29, No. 1, March 1994, 1-14.

74.

A. M. Polinsky and S. Shavell, Enforcement Costs and the Optimal Magnitude and Probability of Fines, 7/90; subsequently published in Journal of Law and Economics, Vol. 35, No. 1, April 1992, 133-148.

73.

S. Shavell, Individual Precautions to Prevent Theft: Private Versus Socially Optimal Behavior, 7/90; subsequently published in International Review of Law and Economics, Vol. 11, 1991, 123-132.

72.

L. Bernstein, The Choice between Public and Private Law: The Diamond Industry's Preference for Extra-legal Contracts and a Private Law System of Dispute Resolution, 6/90; subsequently published as Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry in Journal of Legal Studies, Vol. XXI, January 1992, 115-157.

71.

L. Locke, After the FIRREA: An Analysis of the Savings and Loan Industry After the Financial Institutions Reform, Recovery and Enforcement Act of 1989, 5/90.

70.

B. Perlstein, Crossing the Contract-Tort Boundary: An Economic Argument for the Imposition of Extracompensatory Damages for Opportunistic Breach of Contract, 5/90; subsequently published in Brooklyn Law Review, Vol. 58, No. 3, Fall 1992.

69.

M. Lehmann, The Principle of Competition: A Common Law of Evolution for Biology, Economics and Commercial Law, 4/90.

68.

S. O'Brien and J. Stewart, Insider Trading and Mergers: The Effect of Illegal Trading Upon Target Firms' Pre-Announcement Price Activity, 3/90.

1989

67.

D. Weisbach, The Effect of Reputation on the Litigation-Settlement Decision, 12/89.

66.

B. Arruñada, Market vs. Regulation in the Market for Corporate Control: Interactions Between Takeovers and Industrial Policy in Spain, 12/89.

65.

S. Shavell, Deterrence and the Punishment of Attempts, 12/89; subsequently published in Journal of Legal Studies, Vol. 19, June 1990, 435-466.

64.

A. M. Polinsky and S. Shavell, A Note on Optimal Fines When Wealth Varies Among Individuals, 12/89; subsequently published in The American Economic Review, Vol. 81, No. 3, June 1991, 618-621.

63.

L. Bebchuk, The Debate on Contractual Freedom in Corporate Law, 11/89; subsequently published in Columbia Law Review, Vol. 89, No. 7, 1989, 1395-1415.

62.

L. Kaplow, Optimal Sanctions, Uninformed Individuals, and Acquiring Information About the Law, 7/89; subsequently published as Optimal Deterrence, Uninformed Individuals, and Acquiring Information about Whether Acts are Subject to Sanctions in Journal of Law, Economics, & Organization, Vol. 6, Spring 1990, 93-128.

61.

L. Kaplow, A Note on the Optimal Use of Nonmonetary Sanctions, 7/89; subsequently published in Journal of Public Economics, Vol. 42, 1990, 245-247.

60.

L. Kaplow, A Model of the Optimal Complexity of Rules, 6/89; subsequently published as A Model of the Optimal Complexity of Legal Rules in Journal of Law, Economics, & Organization, Vol 11, No. 1, April 1995, 150-163.

59.

H. Hansmann and R. Kraakman, Hands-Tying in Principal-Agent Relationships: Venture Capital Financing, Publishing Contracts, and Academic Tenure, 6/89; subsequently published as Hands-Tying Contracts: Book Publishing, Venture Capital Financing, and Secured Debt in Journal of Law, Economics, & Organization, Vol. 8, No. 3, 1992, 628-655.

58.

S. Shavell, Specific Versus General Enforcement of Laws, 6/89; subsequently published in Journal of Political Economy, Vol. 99, No. 5, October 1991, 1088-1108.

57.

S. Shavell, A Note on Optimal Deterrence When Individuals Choose Among Harmful Acts, 6/89; subsequently published as A Note on Marginal Deterrence in International Review of Law and Economics, Vol. 12, 1992, 345-355.

56.

L. Kaplow and S. Shavell, Legal Advice About Acts Already Committed, 6/89; subsequently published in International Review of Law and Economics, Vol. 10, 1990, 149-159.

55.

L. Kaplow, The Optimal Probability and Magnitude of Fines for Acts that Definitely are Undesirable, 6/89; subsequently published in International Review of Law and Economics, Vol. 12, 1992, 3-11.

54.

L. Kaplow, Optimal Taxation With Costly Enforcement and Evasion, 6/89; subsequently published in Journal of Public Economics, Vol. 43, 1990, 221-236.

53.

S. Shavell, Sharing of Information Prior to Settlement or Litigation, 4/89; subsequently published in Rand Journal of Economics, Vol. 20, No. 2, Summer 1989, 183-195.

52.

M. Kahan, Normative Aspects of Stock Market Efficiency, 3/89; subsequently published as Securities Laws and the Social Costs of "Inaccurate" Stock Prices in Duke Law Journal, Vol. 41, No. 5, April 1992, 977-1044.

51.

O. Hart, An Economist's Perspective on the Theory of the Firm, 3/89; subsequently published in Columbia Law Review, Vol. 89, No. 7, November 1989, 1757-1774.

1988

50.

L. Bebchuk and M. Kahan, Fairness Opinions: How Fair Are They and What Can Be Done about It, 12/88; subsequently published in Duke Law Journal, February 1989, 27-53.

49.

S. Shavell, Optimal Sanctions and the Incentive to Provide Evidence to Legal Tribunals, 12/88; subsequently published in International Review of Law and Economics, Vol. 9, 1989, 3-11.

48.

E. Berglöf, Capital Structure as a Mechanism of Control: A Comparison of Financial Systems, 12/88; subsequently published in The Firm as a Nexus of Treaties, M. Aoki, B. Gustafsson and O. Williamson, eds. (London: Sage, 1990), 237-262.

47.

L. Kaplow and S. Shavell, The Effects and Desirability of Legal Advice Concerning Information to Present in Litigation, 10/88; subsequently published as Legal Advice About Information to Present in Litigation: Its Effects and Social Desirability in Harvard Law Review, Vol. 102, No. 3, January 1989, 567-615.

46.

L. Bebchuk, Freedom of Contract and the Corporation: An Essay on the Mandatory Role of Corporate Law, 8/88; subsequently published in part as Limiting Contractual Freedom in Corporate Law: The Desirable Constraints on Charter Amendments in Harvard Law Review, Vol. 102, No. 8, June 1989, 1820-1860.

45.

R. Gilson and R. Kraakman, Delaware's Intermediate Standard for Defensive Tactics: Is There Substance to the Proportionality Review?, 8/88; subsequently published in The Business Lawyer, Vol. 44, No. 2, February 1989, 247-274.

44.

O. Hart and J. Moore, Property Rights and the Nature of the Firm, 5/88; subsequently published in Journal of Political Economy, Vol. 98, No. 6, 1990, 1119-1158.

43.

R. Kraakman, Taking Discounts Seriously: The Implications of `Discounted' Share Prices As An Acquisition Motive, 5/88; subsequently published in Columbia Law Review, Vol. 88, No. 5, June, 1988, 891-941.

42.

M. Kahan, Causation and Incentives to Take Care Under the Negligence Rule, 4/88; subsequently published in Journal of Legal Studies, Vol. 18, June, 1989, 427-447.

41.

A. M. Polinsky and S. Shavell, Legal Error, Litigation, and the Incentive to Obey the Law, 4/88; subsequently published in Journal of Law, Economics, & Organization, Spring 1989, 5, 99-108.

40.

S. Shavell, An Economic Analysis of Deferred Gifts, 4/88; subsequently published in Journal of Legal Studies, Vol. XX, June 1991, 401-421.

39.

L. Bebchuk, Takeover Bids below the Expected Value of Minority Shares, 3/88; NBER Working Paper No. 2524, February 1988; subsequently published in Journal of Financial and Quantitative Analysis, Vol. 24, No. 2, June 1989, 171-184.

38.

J. Gordon, Ties That Bond: Dual Class Common Stock and the Problem of Shareholder Choice, 1/88; subsequently published in California Law Review, Vol. 76, January, 1988, 3-85.

37.

L. Bebchuk, A New Approach to Corporate Reorganization, 1/88; subsequently published in Harvard Law Review, Vol. 101, February, 1988, 775-804.

36.

S. Grossman and O. Hart, One Share-One Vote and the Market for Corporate Control, 1/88; subsequently published in Journal of Financial Economics, 1988, 175-202.

35.

L. Bebchuk, The Sole Owner Standard for Takeover Policy, 12/87; subsequently published in Journal of Legal Studies, Vol. 17, January, 1988, 197-229.

1987

34.

A. Leong, Liability Rules When Injurers as Well as Victims Suffer Losses, 11/87; subsequently published in International Review of Law and Economics, Vol. 9, 1989, 105-111.

33.

H. Hansmann, Ownership of the Firm, 1987; subsequently published in Journal of Law, Economics, & Organization, Vol. 4, No. 2, 267-304.

32.

L. Kaplow, An Ex Ante Perspective on Deregulation, Viewed Ex Post, 6/87; subsequently published in Resource and Energy Economics, Vol. 15, 1993, 153-173.

31.

S. Shavell, Legal Advice about Contemplated Acts: The Decision to Obtain Advice, Its Social Desirability, and Protection of Confidentiality, 6/87; subsequently published in Journal of Legal Studies, Vol. 17, January, 1988, 123-150.

30.

R. Romano, The State Competition Debate in Corporate Law, 4/87; subsequently published in Cordoza Law Review, Vol. 8, Issue 4, March 1987, 709-757.

29.

D. Haddock, J. Macey, and F. McChesney, Property Rights in Assets and Resistance to Tender Offers, 4/87; subsequently published in Virginia Law Review, Vol. 73, No. 4, May, 1987, 701-746.

28.

O. Williamson, Mergers, Acquisitions, and Leveraged Buyouts: An Efficiency Assessment, 4/87; subsequently published in Corporate Reorganization Through Mergers, Acquisitions and Leveraged Buyouts, Garry Libecap, ed. (Greenwich, Conn.: JAI Press, 1988).

27.

S. Levmore, The Positive Role of Tax Law in Corporate and Capital Markets, 4/87; subsequently published in Journal of Corporation Law, Vol. 12, Spring 87, 483-502.

26.

P. Menell, Tailoring Legal Protection for Computer Software, 4/87; subsequently published in Stanford Law Review, Vol. 39, No. 6, July 1987, 1329-1372.

25.

S. Shavell, A Note on the Incentive to Reveal Information, 2/87; subsequently published in The Geneva Papers on Risk and Insurance, Vol. 14, No. 50, January 1989, 66-74.

24.

L. Bebchuk, The Pressure to Tender: An Analysis and a Proposed Remedy, 2/87; subsequently published in The Impact of the Hostile Takeover, J. Coffee, L. Lowenstein & S. Rose-Ackerman, eds.(Oxford University Press, 1988); and in Delaware Journal of Corporate Law, Vol. 12, No. 3, 1987, 911-949.

1986

23.

L. Bebchuk, The Case for Facilitating Competing Tender Offers: A Last (?) Reply, 10/86; subsequently published in Journal of Law, Economics, & Organization, Vol. 2, No. 2, Fall 1986, 253-271.

22.

T. Jackson, Transfer Rules and the Resolution of Competing Ownership Claims, 9/86.

21.

L. Kaplow, Antitrust, Law & Economics, and the Courts, 8/86; subsequently published in Law and Contemporary Problems, Vol. 50, Autumn 1987, No. 4, 181-216.

20.

L. Kaplow, Optimal Government Policy Toward Risk Imposed by Uncertainty Concerning Future Government Action, 8/86; portions subsequently published as Incentives and Government Relief for Risk in Journal of Risk and Uncertainty, Vol. 4, 1991, 167-175; portions subsequently published as Government Relief for Risk Associated with Government Action in Scandinavian Journal of Economics, Vol. 94, No. 4, 1992, 525-41.

19.

S. Shavell, Economic Analysis of Accident Law, 7/86; subsequently published by Harvard University Press, 1987, 312 pages.

18.

L. Bebchuk, Suing Solely to Extract a Settlement Offer, 6/86; subsequently published in Journal of Legal Studies, Vol. 17, June, 1988, 437-450.

17.

M. Shukaitis, A Market in Personal Injury Tort Claims, 5/86; subsequently published in Journal of Legal Studies, Vol. 16, June, 1987, 329-349.

1985

16.

T. Jackson, The Logic and Limits of Bankruptcy Law, 12/85; subsequently published by Harvard University Press, 1986, 287 pages.

15.

P. Weiler, The Uses and the Limits of Comparable Worth in the Pursuit of Pay Equity for Women, 11/85; subsequently published in Harvard Law Review, Vol. 99, No. 8, June, 1986, 1728-1807.

14.

S. Shavell, A Note on the Optimal Use of Imprisonment to Incapacitate, 10/85; subsequently published as "A Model of Optimal Incapacitation" in American Economic Review, Vol. 77, No. 2, May, 1987, 107-110.

13.

S. Shavell, Criminal Law and the Optimal Use of Nonmonetary Sanctions as a Deterrent, 9/85; subsequently published in Columbia Law Review, Vol. 85, No. 6, October, l985, 1232-1262.

12.

S. Shavell, The Judgment Proof Problem, 9/85; subsequently published in International Review of Law and Economics, Vol.6, No. 1, June, 1986, 45-58.

11.

L. Bebchuk, A Model of the Outcome of Takeover Bids, 11/85.

10.

S. Shavell, The Optimal Use of Nonmonetary Sanctions As a Deterrent, 9/85; subsequently published in American Economic Review, Vol. 77, No. 4, September, 1987, 584-592.

9.

L. Kaplow, Private versus Social Costs in Bringing Suit, 5/85; subsequently published in Journal of Legal Studies, Vol. 15, June, l986, 371-385.

8.

L. Kaplow, Horizontal Equity: Measures in Search of a Principle, 5/85; subsequently published in National Tax Journal, Vol. 42, No. 2, June, 1989, 139-154.

7.

L. Kaplow, An Economic Analysis of Legal Transitions, 5/85; subsequently published in Harvard Law Review, Vol. 99, No. 3, January, l986, 511-617.

1984

6.

S. Shavell, Uncertainty over Causation and the Determination of Civil Liability, 10/84; subsequently published in Journal of Law and Economics, Vol. 28, No. 3, October, 1985, 587-609.

5.

L. Bebchuk, Towards an Undistorted Choice and Equal Treatment in Corporate Takeovers, 10/84; subsequently published in Harvard Law Review, Vol. 98, No. 8, June, 1985, 1695-1808.

4.

L. Kaplow, Extension of Monopoly Power Through Leverage, 5/84; subsequently published in Journal of Legal Studies, Vol. 85, April, 1985, 201-242.

1983

3.

D. Rosenberg and S. Shavell, A Model of the Nuisance Suit, l2/83; subsequently published in International Review of Law and Economics, Vol. 5, June, 1985, 3-l3.

2.

L. Kaplow, The Patent-Antitrust Intersection: A Reappraisal, 12/83; subsequently published in Harvard Law Review, Vol. 97, June, 1984, 1813-1892.

1.

S. Shavell, Liability for Harm versus Regulation of Safety, 12/83; subsequently published in Journal of Legal Studies, Vol. 13, June, 1984, 357-374.