Unpublished Papers

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Attorney-Client Confidentiality (with Shmuel Leshem), Encyclopedia of Law and Economics (2nd ed.), Vol 10: Procedural Law and Economics (C. Sanchirico, ed.) (2012)

The protection of information generated and shared in attorney-client relationships is a fundamental attribute of...

 

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Scaffolding: Using Formal Contracts to Build Informal Relations to Support Innovation (with Iva Bozovic) (2012)

Is it still the case that formal contracts are largely remote from day-to-day management of...

 

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Endogenous Institutions: Law as a Coordinating Device (with Barry R. Weingast) (2011)

Scholars widely agree that long-term economic growth requires a legal system providing for rule of...

 

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Collective Punishment: A Coordination Account of Legal Order (with Barry R. Weingast) (2011)

Although most economic and positive political theory presumes the existence of an effective legal regime...

 

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Rational Reasonableness: Toward a Positive Theory of Public Reason (with Stephen Macedo) (2011)

Why is it important for people to agree on and articulate shared reasons for just...

 

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What is Law? A Coordination Account of the Characteristics of Legal Order (with Barry R. Weingast) (2011)

Legal philosophers have long debated the question, what is law? But few in social science...

 

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Legal Infrastructure and the New Economy (2011)

In the last two decades, the economy has undergone fundamental transformation with the twin structural...

 

Articles

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Equipping the Garage Guys in Law, Maryland Law Review (2011)

The twin structural changes of the last few decades—globalization and the emergence of a web-based...

 

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Higher Demand, Lower Supply? A Comparative Assessment of the Legal Landscape for Ordinary Americans, Fordham Urban Law Journal (2010)

In this paper I review the small amount of available data on the extent to...

 

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The Dynamic Quality of Law: The Role of Judicial Incentives and Legal Human Capital in the Adaptation of Law, Journal of Economic Behavior and Organization (2010)

Much of the existing literature investigating the relationship between legal regimes and economic growth focuses...

 

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The Strategy of Methodology: The Virtues of Being Reductionist for Comparative Law, University of Toronto Law Journal (2009)

In this comment I respond to three comments by comparative legal scholars on my paper...

 

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Framing the Choice between Cash and Courthouse: Experiences with the 9/11 Victim Compensation Fund, Law and Society Review (2008)

In this paper I report the results of a quantitative and qualitative empirical study of...

 

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Legal Barriers to Innovation: The Growing Economic Cost of Professional Control Over Corporate Legal Markets, Stanford Law Review (2008)

Markets for legal goods and services are among the most heavily regulated in the U.S....

 

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The Levers of Legal Design: Institutional Determinants of the Quality of Law, Journal of Comparative Economics (2008)

In the past decade a comparative law and economics literature has emerged that is largely...

 

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Don’t Forget the Lawyers: Legal Human Capital and The Role of Lawyers in Supporting the Rule of Law, DePaul Law Review (2006)
 

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On Public versus Private Provision of Corporate Law (with Eric Talley), Journal of Law, Economics and Organization (2006)
 

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Judging Science: An Essay on the Unscientific Basis of Beliefs about the Impact of Law on Science and the Need for Better Data about Law, Journal of Law and Policy (2006)
 

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Exploring Economic and Democratic Theories of Litigation: Differences between Individual and Organizational Litigants in the Disposition of Federal Civil Cases, Stanford Law Review (2005)
 

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Feminism, Fairness and Welfare: An Invitation to Feminist Law-and-Economics, Annual Review of Law and Social Science (2005)
 

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Where have all the trials gone? Settlements, non-trial adjudications and statistical artifacts in the changing disposition of federal civil cases, Journal of Empirical Legal Studies (2004)
 

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Delivering Legality on the Internet: Developing Principles for the Private Provision of Commercial Law, American Law and Economics Review (2004)
 

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Privatizing Commercial Law: Lessons from ICANN, Journal of Small and Emerging Business Law (2002)
 

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The Price of Law: How the Market for Lawyers Distorts the Justice System, Michigan Law Review (2000)
 

Contributions to Books

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Producing Law for Innovation, Rules for Growth (2011)

In this contribution to the forthcoming Rules for Growth prepared by the Kauffman Task Force...

 

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The Role of International Law Firms and Multijural Legal Human Capital in the Harmonization of Legal Regimes, Multijuralism: Manifestations, Causes and Consequences (2009)

The problem of harmonizing legal rules across multiple overlapping legal orders is, in part, a...

 

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The Public and the Private in the Provision of Law for Global Transactions, .) Contractual Certainty in International Trade: Empirical Studies and Theoretical Debates on Institutional Support for Global Economic Exchanges (2009)

In this essay, I revisit the public/private divide in order to explore more fully the...

 

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The September 11th Victim Compensation Fund: "An Unprecedented Experiment in American Democracy", The Future of Terrorism Risk Insurance (2005)

One of the profound ironies of September 11 is that an attack widely perceived to...

 

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The Many Legal Institutions that Support Contractual Commitment, Handbook of New Institutional Economics (2004)

One of the fundamental contributions of transaction cost theory and institutional economics has been to...

 

Popular Press

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Making Legal Aid More Affordable and Accessible, Washington Post (2010)
 

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Their Day in Court, Los Angeles Daily Journal (2008)
 

Other

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Sample Problem-Based Teaching Materials: Advanced Contracts (2011)
 

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Sample Problem-Based Teaching Materials: First Year Contracts (2011)