Publications

Pursuing Deficit Reduction Through Diversity: How Affirmative Action at the FCC Increased Auction Competition Stanford Law Review (Forthcoming 1996) (with Peter Cramton)

Pursuing Deficit Reduction Through Diversity : Introduction (HTML)

Pursuing Deficit Reduction Through Diversity (A Zipped Wordperfect 5.1 File)

Pursuing Deficit Reduction Through Diversity (Postscript File)

Data for the above Study can be obtained from the FCC FTP site

Distinguishing Between Consensual and Nonconsensual Advantages of Liability Rules, Yale Law Journal (forthcoming 1995) (with Eric Talley).

Further Evidence of Discrimination in New Car Negotiations and Estimates of Its Cause, Michigan Law Review (forthcoming 1995).

Further Evidence of Discrimination : Introduction (HTML)

Further Evidence of Discrimination (A Zipped WordPerfect 5.1 File)

Further Evidence of Discrimination (A Zipped Postscript File)

Review, The Limits of Freedom of Contract, by Michael J. Trebilcock, 33 J. Econ. Lit. 865 (1995).

Aid Diversity, and the Treasury, New York Times F13 (May 21, 1995) (with Peter Cramton).

HLA Matching in Renal Transplantation, 332 The New England Journal of Medicine 752 (1995) (with Robert Gaston and Mark Deierhoi).

Solomonic Bargaining: Dividing A Legal Entitlement To Facilitate Coasean Trade, 104 Yale Law Journal 1027 (1995) (with Eric Talley).

Supply-Side Inefficiencies in Corporate Charter Competition: Lessons from Patents, Yachting and Bluebooks, 43 Kansas Law Review 541 (1995).

Race and Gender Discrimination in Negotiation For the Purchase of a New Car, 84 American Economic Review 304 (1995) (with Peter Siegelman).

An Agency Perspective On Relational Investing, in Relational Investing (Oxford University Press, forthcoming 1996) (with Peter Cramton).

Alternative Grounds: Epstein's Discrimination Analysis in Other Market Settings, 31

A Market Test for Race Discrimination in Bail Setting, 46 Stanford Law Review 987 (1994) (with Joel Waldfogel).

Preliminary Thoughts on Optimal Tailoring of Contractual Rules, 3 Southern California Interdisciplinary Law Journal 1 (1993).

Relational Investing And Agency Theory, 15 Cardozo Law Review 1033 (1994) (with Peter Cramton).

Economic Rationales For Mediation. 80 Virginia Law Review 323 (1994) (with Jennifer Brown).

Mutual and Unilateral Mistake in Contract Law, 22 Journal of Legal Studies 309 (1993) (with Eric Rasmusen).

Racial Equity in Renal Transplantation: The Disparate Impact of HLA-Based Allocation, 270 Journal of American Medical Association 1352 (1993) (with Robert Gaston, Laura Dooley and Arnold Diethelm). Response to letters-to-the-editors, 271 Journal of American Medical Association 269 (1994).

Unequal Racial Access to Kidney Transplantation, 46 Vanderbilt Law Review 805 (1993) (with Laura Dooley and Robert Gaston).

Making a Difference: The Contractual Contributions of Easterbrook and Fischel, 59 University of Chicago Law Review 1391 (1992), reprinted in 35 Corporate Practice Commentator 65 (1993).

Designing Responsive Regulatory Institutions, 2 The Responsive Community 41 (1992) (with John Braithwaite).

Price and Prejudice, The New Republic 30 (July 6, 1992).

Judging Close Corporations in the Age of Statutes, 70 Washington University Law Quarterly 365 (1992).

Partial Industry Regulation: A Monopsony Standard for Consumer Protection, 80 California Law Review 13 (1992) (with John Braithwaite).

Responsive Regulation: Transcending the Deregulation Debate, (Oxford University Press 1992) (with John Braithwaite).

Strategic Contractual Inefficiency and the Optimal Choice of Legal Rules, 101 Yale Law Journal 729 (1992) (with Rob Gertner).

The Possibility of Inefficient Corporate Contracts, 60 Cincinnati Law Review 387 (1991).

Three Approaches to Modelling Corporate Games: Some Observations, 60 Cincinnati Law Review 419 (1991).

Tripartism: Regulatory Capture and Empowerment, 16 Law and Social Inquiry 435 (1991) (with John Braithwaite).

Pregnant With Embarrassments: An Incomplete Theory of the Seventh Amendment, 26 Valparaiso University Law Review 385 (1991).

Back to Basics: Regulating How Corporations Speak to the Market, 77 Virginia Law Review 945 (1991).

Fair Driving: Gender and Race Discrimination in Retail Car Negotiations, 104 Harvard Law Review 817 (1991).

Optimal Pooling in Claims Resolution Facilities, 53 Law and Contemporary Problems 159 (1990).

"I'll Sell It To You at Cost:" Legal Methods to Promote Retail Markup Disclosure, 84 Northwestern Law Review 1047 (1990) (with F. Clayton Miller).

Analyzing Stock Lockups: Do Target Treasury Sales Foreclose or Facilitate Takeover Auctions?, 90 Columbia Law Review 682 (1990).

Playing Games with the Law, 42 Stanford Law Review 1291 (1990).

Unlocking the Stock Lockup in Mobil v. Marathon Oil, 1 Journal of Merger and Acquisition Analysis 37 (1990).

Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules, 99 Yale Law Journal 87 (1989) (with Robert Gertner).

Colleges in Collusion, The New Republic 19 (October 16, 1989).

A Private Revolution: Markovits and Markets, 64 Chicago-Kent Law Review 861 (1989).

The Economics of the Insurance Antitrust Suits: Toward an Exclusionary Theory, 63 Tulane Law Review 971 (1989) (with Peter Siegelman) reprinted 4 National Insurance Law Review 1 (1990) and 4 Insurance Law Anthology 501 (1989-1990).

Determinants of Airline Carrier Conduct, 8 International Review of Law & Economics, 187 (1988).

A Theoretical Fox Meets Empirical Hedgehogs: Competing Approaches to Accident Economics, 82 Northwestern Law Review 837 (1988).

Halfway Home, 13 Law and Social Inquiry 413 (1988).

How Cartels Punish: A Structural Theory of Self-Enforcing Collusion, 87 Columbia Law Review 295 (1987).

Posner's Symphony No. 3: Thinking About the Unthinkable, 39 Stanford Law Review 791 (1987) (with John Donohue).

Rationalizing Antitrust Cluster Markets, 95 Yale Law Journal 109 (1985).

Education

Ph.D. (Economics) Massachusetts Institute of Technology, 1988.

Major Fields: Industrial Organization, Econometrics.
Dissertation: Essays on Vertical Foreclosure, Cartel Stability and the
Structural Determinants of Oligopolistic Behavior.

J.D. Yale Law School, 1986.

Articles Editor, Yale Law Journal.

B.A. Yale University, 1981.

Majors: Russian and East European Studies (Distinction).
Economics (Distinction).
Summa Cum Laude, 1981.
Phi Beta Kappa, 1980.

Professional Appointments

William K. Townsend Professor, Yale Law School, 1994 - .

Lecturer, University of Toronto, Faculty of Law, January 1995.

Professor, Stanford Law School, 1992 - 1994.

Lecturer, University of Illinois, School of Law, Summers 1994 and 1995.

Board of Editors, Supreme Court Economic Review, 1993 - .

Lecturer, University of Iowa, School of Law, January Term 1993.

Lecturer, Moscow State Institute of International Relations (MGIMO) -- Cardozo Law Institute, Summer 1992.

Visiting Professor, Yale Law School, Fall 1991.

Visiting Professor, University of Virginia, School of Law,
Fall 1990 - Spring 1991.

Guest Scholar, Brookings Institution, Summer 1990 - Spring 1991.

Associate Professor, Northwestern University, School of Law,
1990 - 1991; (Assistant Professor, 1987-1990).

Research Fellow, American Bar Foundation, 1987 - 1991.

Scholar in Residence, Sonnenschein Nath and Rosenthal - Summer 1990.

Associate Editor, Law and Social Inquiry, 1990.

Economic Expert to Attorneys General of Alabama, Alaska, Arizona, California, Colorado,
Connecticut, Maryland, Massachusetts, Michigan, Minnesota, Montana, New Jersey, New York, Ohio, Pennsylvania, Washington, West Virginia and Wisconsin, In re Insurance Antitrust Litigation, C 88-1688 (N.D. Cal.). June, 1988 - 1991.

Clerk to the Honorable James K. Logan, Tenth Circuit Court of Appeals, 1986-1987.

Olin Summer Research Fellow, Yale Law School Program in Law, Economics, and Public Policy, May to August 1986.

Pro Bono

Member, Board of Directors, East Palo Alto Community Law Project, 1993 - 1994.

Counsel in Illinois post-conviction petition, People v. Titone, 83-C-127, 1988 to 1992 (Death sentence vacated September 7, 1990; argued claims concerning underlying conviction to Illinois Supreme Court, March 14, 1992).

New Haven Battered Women's Temporary Restraining Order Project,
September 1985 to April 1986.

Harvard Prison Legal Assistance Project, October 1983 to May 1984.

Legal Services of Western Missouri, June to August 1983.

Jerome Frank Legal Services Organization, January 1983 to October 1984.

Addresses

The Mirikitani Lecture in Law and Economics, University of Hawaii, March 9, 1990.

Inaugural Lecture for William K. Townsend Chair, Yale Law School, November 15, 1994.

Professional Membership

Board of Directors, American Law and Economic Association, 1995-.

Admitted, Illinois Bar, 1987.

Awards

Activities

1st Place, Law and Society Association -- 5 kilometer run, 1989.

Completed 1984 Boston marathon in 3 hours, 12 minutes.

Soloist, Whiffenpoofs, 1980-81.

Semester in Soviet Union, Moscow's Pushkin Institute, Spring 1979.

Soloist, Yale Russian Chorus, 1977-80.

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