SUPER CRUNCHERS

Nonfiction | 978-0-553-80540-6
$25.00/$32.00 in Canada
A Bantam Hardcover
October 2007

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Articles and Writing:

Public Radio Commentary for Marketplace

New jingles may be coins in your pocket (July 21, 2008)

Now, the customer's always managed (Oct. 8, 2007) (Audio)

Did you use that gift card or rebate? ( August 9, 2007) (Audio)  

For Many, Forms Could Be a Lot Less Taxing (April 16, 2007) (Audio)  

A Way to Stop Pretexting (Sept. 11, 2006) (Real Audio).

How to Strengthen Shareholder Democracy (July 6, 2006) (Real Audio).

End Tipping? (Oct. 5, 2005) (Real Audio)

Justice Roberts Should Sell His Stock (Sept. 14, 2005) (Real Audio)

Opting for Equality (June 30, 2005) (Real Audio).

Better Benchmarking (June 21, 2005) (Real Audio)

Cable Bundling (Nov. 19, 2004) (Real Audio).

Cellphone Sleuth (Aug. 20, 2004) (Real Audio).

A Donation Booth? (June 23, 2004) (Real Audio).

Say Goodbye to TIVO (June 9, 2004) (Real Audio).

Using Iraq to Undermine OPEC (April 6, 2004) (Real Audio).

Benefits of Non-Transparency (Feb. 23, 2004) (Real Audio).

Who's Right? (Nov. 10, 2003) (Real Audio).

Blackboxes for Cars (Sept. 16, 2003) (Real Audio).

Sarbanes/Oxley's First Birthday (July 30, 2003) (Real Audio).

Pay Per Mile Auto Insurance (Feb. 25, 2003) (Real Audio).

Spoiling Spam (Dec. 24, 2002) (Real Audio).

Virtual Strikes (Oct. 4, 2002) (Real Audio).

Disclosuring' hidden fees to consumers (Aug. 28, 2002) (Real Audio).

An alternative to expensing stock options (July 24, 2002) (Real Audio).

Why Not? Column: in Forbes (with Barry Nalebuff). A column of ideas to improve business, government and everyday life:

Sell the Conventions (Oct. 13, 2008)

An Equity Kicker 113 (May 19, 2008) (en francais)

The New Green (January 7, 2008)

Experiment 103 (September 03, 2007). 

Cupid and Colleges 87 (May 9, 2007). 

For the Love of the Game 54 (March 12, 2007)

Environmental Atonement 87 (Dec. 25, 2006)

Skin in the Game 161 (Nov. 13, 2006)

Easy Savings 146 (Sept. 4, 2006)

The Ticket to Savings 176 (May 22, 2006)

When the Blind See Better 141 (Feb. 13, 2006)

Mortgage Your Retirement 150 (Nov. 14, 2005) (excel data)

Promises to Keep 78 (July 4, 2005)

Peer Pressure 135 (April 11, 2005)

Stop Thief 88 (Jan. 10, 2005)

Race, Tips and Economics 136 (Nov. 1, 2004)

Throwaway Tickets 52 (August 18, 2004)

Dialing for Thieves 76 (April 19, 2004)

Don't Sell Us Short 56 (Feb. 2, 2004)

It Beats a CD 160 (Dec. 8, 2003)

Blackbox for Cars 125 (August 11, 2003)

An Educated Consumer 95 (June 09, 2003)

Make Car Insurance Fairer 154 (March 17, 2003)

The Virtues of a Virtual Strike (Nov. 25, 2002)

Price-Protect Your Home (Sept 16, 2002)

Opt-Out Advertising (June 20, 2002)

A Community of Ideas 173 (May 9, 2002)

If Telemarketers Paid For Your Time, Forbes (April 15, 2002)

Other Writing:

Guestblogger for NYTimes's Freakonomics, Balkinization, and Lessig blogs.

The LAPD and Racial Profiling, LOS ANGELES TIMES (Oct. 23, 2008).

A Study of Racially Disparate Outcomes in the Los Angeles Police Department, prepared for the ACLU of Southern California, available at www.aclu-sc.org (October 2008) (with Jonathan Borowsky). Web Appendix (Stata data and do files).

Randomizing Law, working paper (October 2008) (with Yair Listokin).

Adam Smith Meets Climate Change, SLATE www.slate.com/id/2200911/ (September 25, 2008) (with Doug Kysar).

Studies in Contract Law (7th edition, Foundation Press, 2008) (with Richard E. Speidel) (formerly Murphy, Speidel and Ayres).

Options and Epidemics, DAEDALUS 118 (Spring 2008).

Life-Cycle Investing and Leverage: Buying Stock on Margin Can Reduce Retirement Risk (working paper 2008) (with Barry Nalebuff) (Data Files).

Lose Weight? Bet On It, LOS ANGELES TIMES (Jan. 27, 2008).

Where Money Is No Object, THE GUARDIAN (Jan. 26, 2008) (with Bruce Ackerman).

Number Crunching the 2008 Election, Tierney Lab, New York Times (Jan. 9, 2008).

A Roundtable Discussion: Citizenship & the Sciences, 2 RHI: PROMOTING ACTIVE CITIZENSHIP 68 (2007).

Prepare to be Super-Crunched, THE TIMES HIGHER EDUCATION SUPPLEMENT 18 (Oct. 26, 2007).

Tradable Patent Rights, 60 Stanford Law Review 863 (2007) (with Gideon Parchomovsky).

Privatizing Employment Protection, 49 Arizona Law Review 587 (2007) (with Jennifer Gerarda Brown).

Mining Unconscious Wisdom, Harvard Business Review (March 1, 2008).

Give Freakonomics a Chance, The Economists' Voice: Vol. 4 : Iss. 5, Article 1 (2007).

Super Crunchers: Why Thinking-By-Numbers is the New Way to Be Smart (Bantam 2007). Buy a copy.

Excerpt: How Computers Routed the Experts, Financial Times (August 31, 2007).

You Found a Better Idea, Parade (July 8, 2007) (with Barry Nalebuff).

Streamline Tax Filing, Yale Law Report 48 (Summer 2007).

Market Power and Inequality: A Competitive Conduct Standard for Assessing When Disparate Impacts are Justified, 95 California Law Review 669 (2007).

Down With Plutocrats and Fat Cat Donors, Slate www.slate.com/id/2169025 (June 25, 2007) (with Bruce Ackerman).

Do You Have A Better Idea?, Parade (March 25, 2007)  (with Barry Nalebuff). 

Seeing Significance: Is the 95% Probability Range Easier to Perceive?, 20 CHANCE 11 (Winter 2007) (with Antonia Ayres-Brown & Henry Ayres-Brown).

Comment on Jolls’s Behavioral Law and Economics, in BEHAVIORAL ECONOMICS AND ITS APPLICATIONS (Peter Diamond & Hannu Vartiainen, eds., 2007).

The Hollow Promise: Sexual Orientation Nondiscrimination Policies, 24 Association of Corporate Counsel Docket 48 (Oct. 2006) (with Richard F. Ober, Jr.).

Promises, not policies, Yale Alumni Magazine 32 (Sept./Oct. 2006).

Don’t Tell, Don’t Ask: Narrow Tailoring After Grutter and Gratz, 85 Texas Law Review 517 (2006) (with Sydney Foster).

Written Statement, Disparity Studies as Evidence of Discrimination in Federal Contracting, U.S. Commission on Civil Rights (May 2006).

New Rules for Promissory Fraud, 48 Arizona Law Review 957 (2006) (with Gregory Klass).

The Secret Refund Booth, 73 University of Chicago Law Review 1107 (2006) (with Bruce Ackerman).

Ya-HUH: There Are and Should Be Penalty Defaults, Florida State University Law Review, 33 Floridat State University Law Review 589 (2006).

The Knicks Boldly Go Where Companies Have Not, New York Times (July 2, 2006) (with John J. Donohue III).

Give NY’s Poor What They Need Most: A Voice, New York Daily News (August 14, 2006) (with Bruce Ackerman).

Promissory Fraud, 78 New York State Bar Association Journal 26 (May 2006) (with Gregory Klass).

Secret Political Donations Can End the Secret Deal, Financial Times 13 (April 27, 2006) (with Bruce Ackerman).

Menus Matter, 73 University of Chicago Law Review 3 (2006).

First Amendment Bargains, 18 Yale J. L. & Humanities 178 (2006).

Just What the Professor Ordered, New York Times A27 (Sept. 16, 2005).

The Joy of Ambiguity, The Advocate (June 29, 2005) (with Jennifer Gerarda Brown).

Privatizing Gay Rights with Non-discrimination Promises Instead of Policies, The Economist’s Voice, Vol. 2: No. 2, (2005) (with Jennifer Gerarda Brown).

Mark(et)ing Nondiscrimination: Privatizing ENDA with a Certification Mark, 104 Michigan Law Review 1639 (2006) (with Jennifer Gerarda Brown) (excel GAO analysis), featured in New York Times Sunday Magazine The Year in Ideas (Dec. 11, 2005).

Institutional and Evolutionary Failure and Economic Development in the Middle East, 30 Yale Journal of International Law 397 (2005) (with Jonathan Macey).

Does Affirmative Action Reduce the Number of Black Lawyers?, 57 Stanford Law Review 1807 (2005) (with Richard Brooks). Web Appendix (zipped folder including STATA data, do and log files)

Optimal Two Stage Committee Voting Rules, (working paper 2004) (with Colin Rowat and Nasser Zakariya).

Instantaneous Liability Rule Auctions: The Continuous Extention of Higher-Order Liability Rules, (working paper 2004) (with Sergey I. Knysh and Paul M. Goldbart)

To Insure Prejudice: Racial Disparities in Taxicab Tipping, 114 Yale Law Journal 1613 (2005) (with Fred Vars and Nasser Zakariya). STATA dataset. STATA do file.

Straight, Not Narrow: How Straight Couples Can Support Gay Marriage, New Haven Advocate (June 16, 2005) (with Jennifer Gerarda Brown).

Separate, Unequal: How Civil Unions Fall Short of Marriage, Hartford Courant A13 (June 10, 2005).

The Inclusive Command: Voluntary Integration of Sexual Minorities into the U.S. Military, 103 Michigan Law Review 150 (2004) (with Jennifer Gerarda Brown).

Warning: We Discriminate, Alternet www.alternet.org/rights/22030/ (May 17, 2005).

A Separate Crime of Reckless Sex, 72 University of Chicago Law Review 599 (2005) (with Katharine Baker).(stata do file) (stata log file) (stata data file) -- featured in New York Times Sunday Magazine The Year in Ideas (Dec. 12, 2004).

Racial Disparities in Taxicab Tipping, working paper (Aug 22, 2004) (with Fred Vars and Nasser Zakariya).

Discrimination in Consummated Car Purchases, in Handbook on Employment Discrimination Research: Rights and Realities 137 (Springer 2005).

Looking Out For No. 2: A Modest Proposal for Single-Use Toilets, Slate (March 7, 2005).

Ask Iraqi Voters: Do You Want Us To Stay?, Hartford Courant (Jan. 38. 2005) (with Barry Nalebuff).

Going Soft on Microsoft? The EU's Antitrust Case and Remedy, The Economists' Voice, Vol. 2: No. 2, Article 4 (2005) http://www.bepress.com/ev/vol2/iss2/art4 (with Barry Nalebuff)..

Encouraging Suggestive Behavior, Harvard Business Review 18 (December 2004), reprint F0412C (with Barry Nalebuff).

Should Heterosexuals Boycott Marriage?, Issues inLegal Scholarship (2004): Article 2.
http://www.bepress.com/ils/iss5/art2 (with Jennifer Gerarda Brown).

Promissory Fraud Without Breach, 2004 Wisconsin Law Review 507 (2004) (with Gregory Klass).

Straightforward: How to Mobilize Heterosexual Support for Gay Rights (Princeton University Press 2005) (with Jennifer Gerarda Brown), featured in New York Times Sunday Magazine The Year in Ideas (Dec. 11, 2005). Buy a copy.

www.straightforwardbook.com

License the Fair Employment Mark (and promise not to discriminate)

Sign the Vacation Pledge (and support equal marriage rights)

Insincere Promises: The Law of Misrepresented Intent (Yale University Press 2005) (with Gregory Klass).

Winner of the 2006 Scribes Book Award "for the best work of legal scholarship published during the previous year."

Buy a copy.

Read the First Chapter.

More infomation.

Anonymously Yours, Worth 32 (November 2004).

Microsoft I: A Remedy Worthy of Solomon, International Herald Tribune (Oct. 11, 2004) (with Barry Nalebuff).

Going, Going, Google, The Wall Street Journal A12 (August 20, 2004) (with Barry Nalebuff).

Three Tests for Measuring Unjustified Disparate Impacts in Organ Transplantation: The Problem of "Included Variable Bias, 48 Perspectives in Biology and Medicine S68 (2005).

Optional Law: Real Options in the Structure of Legal Entitlements (University of Chicago Press, 2005). (STATA dataset) (STATA do file).

Buy a copy.

Order From U. Chicago Press.

Read the First Chapter.

More information.

The Wrong Ticket to Ride, New York Times A29 (March 24, 2004) (with Barry Nalebuff).

Principled Problem Solving: Letting Constraints Filter and Guide Your Thinking Can Often Be the Best Way to Reach Truly Creative Solutions, 14 Scientific American Mind 96 (2004).

System Down: McCain-Feingold Helped Doom the Current Model of Public Financing for Campaigns, Fixing it will Take Some Imagination, The American Prospect On Line (Dec. 12, 2003) (with Bruce Ackerman).

Why Legislating Low Tuitions for State Colleges is a Mistake: They Just Subsidize the Rich, Writ Findlaw's Legal Commentary (October 30, 2003) (with Aaron Edlin).

In Praise of Honest Pricing, 45 MIT Sloan Management Review 24 (Fall 2003)(with Barry Nalebuff).

Want to Call Me? Pay Me!, Wall Street Journal A24 (Oct. 8, 2003) (with Barry Nalebuff).

Dialing for Dollars, New York Times A29 (Sept. 30, 2003).

Why Not?: How to Use Everyday Ingenuity to Solve Problems Big and Small (Harvard Business School Press 2003) (with Barry Nalebuff). Buy a copy. Also published in Portugese as "Você Pode Tudo" (Negocio Editora), in Spanish as "¿Y por que NO" (Empresa Activa), in Korean (Sejong), in Japanese (Hankyu), in Chinese (The Commercial Press), in Bulgarian (Klasika and Still), in Chinese (China Times), in Estonian (Tanapaev), in Italian (Il Sole), in Korean (Sejong Books), in Russian (Williams Publishing), and in Thai (AR Business Press).

Read the New York Times review: "Daredevil Ideas from the 'Anti-Dilberts'"

Read my high school's coverage of a Why Not talk: Finding Solutions in Search of Problems

Various Other Reviews

Book Excerpt: Ideas Waiting to Happen, Forbes 127 (Oct. 27 2003) (with Barry Nalebuff).

Book Excerpt: A Role on the Board for the 'Loyal Opposition,' Directors & Boards 32 (Fall 2003) (with Barry Nalebuff).

Book Excerpt: Problem Solving: What Would Croesus Do?, Darwin (Nov, 2003).

"Is Legal Creativity Possible," Olin Lecutre, University of Michigan Law School (Sept. 11, 2003) (Video clip)

Bloomberg TV Interview (Oct. 25, 2003) (Video clip)

NPR Weekend Edition Interview (Nov. 1, 2003) (Audio clip)

Post Your Own "Why Not" Idea to our webboard for possible inclusion in our next column or see a list of other "Why Not" ideas at Forbes. Read a law school article about the Why Not? project.

Making Ideas Take Flight, Business 2.0 133 (Oct. 2003) (with Barry Nalebuff).

The New Paradigm Revisited, 91 California Law Review 743 (2003) (with Bruce Ackerman) (response to The Brennan Center Jorde Symposium Issue on Bruce Ackerman & Ian Ayres, Voting With Dollars: A New Paradigm for Campaign Finance Reform, 91 California Law Review 641 (2003)).

Is Discrimination Elusive?, 55 Stanford Law Review 2419 (2003) (response to book review symposium on Ian Ayres, Pervasive Prejudice?: Unconventional Evidence of Race And Gender Discrimination (2002) and Crossroads, Directions, And a New Critical Race Theory (2002, Francisco Valdes, Jerome McCristal Culp & Angela P. Harris, eds.)).

Exactly Who's In the Right in This Labor Dispute?, Yale Daily News 2 (Sept. 4, 2003) (with Barry Nalebuff).

Studies in Contract Law (6th edition, Foundation Press, 2003) (with Edward J. Murphy & Richard E. Speidel). Buy a copy.

Patriot Dollars Put Money Where the Voters Are, L.A. Times at 15 (July 17, 2003) (with Bruce Ackerman).

Why a New Pardigm?, 37 Universityof Richmond Law Review 1147 (2003) (with Bruce Ackerman) (response to book review symposium on Bruce Ackerman and Ian Ayres's Voting With Dollars: A New Paradigm for Campaign Finance Reform, 37 Universityof Richmond Law Review 935 (2003)).

Charity Begins At Schedule A, New York Times, p. A21, col. 1 (April 15, 2003) (with Barry Nalebuff).

Valuing Modern Contract Scholarship, 112 Yale Law Journal 881 (2003).

Shooting Down the More Guns, Less Crime Hypothesis, 55 Stanford Law Review 1193 (2003) (with John J. Donohue III) (Stata datasets and do files)

The Latest Misfires in Support of the More Guns, Less Crime Hypothesis, 55 Stanford Law Review 1371 (2003) (with John J. Donohue III) (Stata do files)

Correlated Values in the Theory of Property and Liability Rules, 32 Journal of Legal Studies 121 (2003) (with Paul Goldbart).

Marketing Privacy: A Solution for the Blight of Telemarketing (and Spam and Junk Mail), 20 Yale Journal on Regulation 77 (2003) (with Matthew Funk). (pdf version)

Outcome Tests of Racial Disparities in Police Practices, 4 Journal of the Justice Research & Statics Association 131 (2002).

Campaign Reform's Worst Enemy, New York Times, p. A19, col. 2 (July 6, 2002) (with Bruce Ackerman).

A Viable Alternative to Breaking up Microsoft: Compulsory Licensing That Would Make Microsoft Compete With Its Past Self, Writ Findlaw's Legal Commentary (April 10, 2002) (with Aaron Edlin)

Voting with Dollars: A New Paradigm for Campaign Finance (with Bruce Ackerman) (Yale University Press 2002). Buy a copy.

Join CitizenSovereignty.org and help support meaningful campaign finance reform.

Internalizing Outsider Trading, 101 Michigan Law Review 313 (2002) (with Stephen Choi).

Optimal Delegation and Decoupling in the Design of Liability Rules, 100 Michigan Law Review 1 (2001) (with Paul Goldbart).

Pervasive Prejudice?: Non-Traditional Evidence of Race and Gender Discrimination (University of Chicago Press 2001). Buy a copy.

Connecticut's Speeder-Friendly Crackdown, New York Times, p. A19, col. 2 (August 31, 2001) (with Barry Nalebuff).

Should Campaign Donors Be Identified?, 24 Regulation 12 (Summer 2001), excerpted as A Real Solution: Make Donors Anonymous, National Review Online (July 12, 2001).

A Dilution Mechanism for Valuing Corporations in Bankruptcy 111 Yale Law Journal 83 (2001) (with Barry E. Adler).

Substitutes for Insider Trading, 54 Stanford Law Review 235 (2001) (with Joe Bankman).

Using Public Affirmative Action to Remedy Private Discrimination (with Frederick E. Vars) Chapter 2 in NYU Working Papers on Labor and Employment Law: 1998-1999 35 (2001).

Why Telemarketers Should Pay Us, Hartford Courant, p. A15, col. 3 (May 10, 2001) (with Matthew Funk).

Lectures vs. Laptops, New York Times, p. A25, col. 2 (March 20, 2001).

Monetize Labor Practices, 26 Boston Review 18 (February-March 2001).

2000 Monsanto Lecture in Tort Reform and Jurisprudence: Using Tort Settlement To Cartelize, 34 Valparaiso University Law Review 595 (2000).

Disclosure versus Anonymity In Campaign Finance, in Designing Democratic Institutions, XLII NOMOS 19 (Ian Shapiro & Stephen Macedo, eds.2000).

Economics of Affirmative Action, in 2 Encyclopedia of the American Constitution 848 (Leonard W. Levy & Kenneth L. Karst, eds., 2d ed. 2000)

Empire or Residue: Competing Visions of the Contractual Canon, in Legal Canons 47 (J.M. Balkin and S. Levinson, eds.) (2000).

Threatening Inefficient Performance, 44 European Economic Review 818 (2000) (with Kristin Madison).

Determinants of Citations to Articles in Elite Law Review, 29 Journal of Legal Studies 427 (2000) (with Fredrick E.Vars).

Taking Issue With Issue Advocacy, 85 Virginia Law Review 1793 (1999).

Nondiscretionary Concealed Weapons Laws: A Case Study of Statistics, Standards of Proff and Public Policy, 1 American Law and Economics Review 436 (1999) (with John J. Donohue III).

Threatening Inefficient Performance of Injunctions and Contracts, 148 University of Pennsylvania Law Review 45 (1999) (with Kristin Madison).

The Employment Contract, 8 Kansas Journal of Law and Public Policy 71 (1999) (with Stewart Schwab).

Why Prosecute Linda Tripp?, New York Times A17, col. 1 (August 10, 1999).

Comment [on "The Tobacco Deal" by Jeremy Bulow & Paul Klemperer], in Brookings Papers on Economic Activity: Microeconomics 395 (1998).

Eroding Entitlements as Litigation Commitment, 66 University of Chicago Law Review 836 (1999).

Majoritarian v. Minoritarian Defaults, 51 Stanford Law Review 1591 (1999) (with Robert Gertner).

1998 Ladd Lecture: Empire or Residue: Competing Visions of the Contractual Canon, 26 Florida State Law Review 897 (1999).

Discrediting the Free Market, 66 University of Chicago Law Review 273 (1999).

Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits of Uncertainty and Non-Injunctive Remedies, 97 Michigan Law Review 985 (1999) (with Paul Klemperer).

When Does Private Discrimination Justify Public Affirmative Action?, 1998 Columbia Law Review 1577 (1998) (with Fredrick E. Vars).

1998 Monsanto Lecture in Tort Reform and Jurisprudence: Protecting Property With Puts, 32 Valparaiso University Law Review 793 (1998).

"Pro-competitive Executive Compensation" as a Condition for Approval of Mergers that Simultaneously Exploit Consumers and Enhance Efficiency, 19 Canadian Competition Record 18 (Spring 1998) (with Stephen F. Ross).

The Donation Booth: Mandating Donor Anonymity to Disrupt the Market for Political Influence, 50 Stanford Law Review 837 (1998) (with Jeremy Bulow) republished as La Donacion Secreta: Evitar que los candidatos sepan quienes son sus donantes permite desaticular el trafico de influencias, 83 Estudios Publicos 67 (2001)..

Measuring the Positive Externalities from Unobservable Victim Precaution: An Empirical Analysis of Lojack, 113 Quarterly Journal of Economics 43 (1998) (with Steven D. Levitt).

Default Rules for Incomplete Contracts, The New Palgrave Dictionary of Economics and the Law, Vol. A-D 585 (Peter Newman, ed., 1998).

Remedying Private Discrimination: Following the ‘Anderson' Model, Los Angeles Times M2, col. 3 (April 26, 1998).

Three Proposals To Harness Private Information in Contract, 21 Harvard Journal of Law and Public Policy 135 (1997).

The Twin Faces of Judicial Corruption: Extortion and Bribery, 74 Denver University Law Review 1231 (1997).

The Donation Booth, 22 Boston Review 26 (December-January 1997-98) (with Jeremy Bulow), reprinted in 47 Yale Law Report 62 (2000) and The News-Gazette, B1 (Sept. 27, 1998).

Breaking Windows: Why the Justice Department Should Go After the Microsoft Monopoly, The New Republic 18 (Nov. 17, 1997).

Never Confuse Efficiency With A Liver Complaint, 1997 Wisconsin Law Review 503 (1997).

Common Knowledge As A Barrier to Negotiation, 44 UCLA Law Review 1631 (1997) (with Barry Nalebuff).


Studies in Contract Law (5th edition, Foundation Press, 1997) (with Edward J. Murphy & Richard E. Speidel). Buy a copy.

Car Buying, Made Simpler, New York Times F12 (April 13, 1997) (with Peter Schuck).

Legal Entitlements as Auctions: Property Rules, Liability Rules, and Beyond, 106 Yale Law Journal 703 (1997) (with Jack Balkin).

Narrow Tailoring, 43 UCLA Law Review 1781 (1996).

Pushing the Envelope: Antitrust Implications of the Envelope Theorem, 17 Mississippi College Law Review 21 (1996). See also Electronic Discussion, 17 Mississippi College Law Review 91, 93, 102 (1996).

Comment on Painter, 65 Fordham Law Review 201 (1996).

The Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, 74 Texas Law Review 1485 (1996) (with Peter Siegelman).

Review, Overcoming Law, by Richard A. Posner, 40 American Journal of Legal History 371 (1996).

Pursuing Deficit Reduction Through Diversity: How Affirmative Action at the FCC Increased Auction Competition, 48 Stanford Law Review 761 (1996) (with Peter Cramton).

Supply Side Inefficiencies and Competitive Federalism, in International Regulatory Competition and Coordination: Perspectives on Economic Regulation in Europe and the United States (Oxford University Press, 1996) (McCahery, Baratton et al. eds.)

Distinguishing Between Consensual and Nonconsensual Advantages of Liability Rules, 105 Yale Law Journal 235 (1995) (with Eric Talley).

Further Evidence of Discrimination in New Car Negotiations and Estimates of Its Cause, 94 Michigan Law Review 109 (1995). [Zipped Wordperfect File]

Review, The Limits of Freedom of Contract, by Michael J. Trebilcock, 33 Journal of Economic Literature 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).

Alternative Grounds: Epstein's Discrimination Analysis in Other Market Settings, 31 University of San Diego Law Review 67 (1994).

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

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).

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).

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

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

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). Buy a copy.

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).