Legal Design for Market Democracies

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Constitutions as Coordinating Devices (with Barry R. Weingast), Institutions, Property Rights, and Economic Growth: The Legacy of Douglass North (2014)

Why do successful constitutions have the attributes characteristically associated with the rule of law? Why...

 

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Innovating to Improve Access: Changing the Way Courts Regulate Legal Markets, Daedalus (2014)

The vast majority of ordinary Americans lack any real access to courts as they struggle...

 

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Microfoundations of the Rule of Law (with Barry R. Weingast), Annual Review of Political Science (2014)

Many social scientists rely on the rule of law in their accounts of political or...

 

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The Cost of Law: Promoting Access to Justice Through the (Un)Corporate Practice of Law, International Review of Law and Economics (2014)

The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans...

 

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Scaffolding: Using Formal Contracts to Build Informal Relations to Support Innovation (with Iva Bozovic) (2013)

In a study that follows in Macaulay’s (1963) footsteps, we asked businesses what role formal...

 

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Democracy, Courts and the Information Order (with Dan Ryan Jr.), European Journal of Sociology (2013)

Conventional wisdom about civil litigation, both among scholars and political actors, holds that abuse of...

 

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The Cost of Law: Promoting Access to Justice through the (Un)Corporate Practice of Law, International Review of Law and Economics (2013)

The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans...

 

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Law without the State: Legal Attributes and the Coordination of Decentralized Collective Punishment (with Barry R. Weingast), Journal of Law and Courts (2012)

Most economic and positive political theory presumes the existence of an effective legal regime (protecting...

 

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Legal Infrastructure and the New Economy, I/S Journal of Law and Policy of the Information Society (2012)

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

 

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Rational Reasonableness: Toward a Positive Theory of Public Reason (with Stephen Macedo), Journal of Law and Ethics of Human Rights (2012)

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

 

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What is Law? A Coordination Model of the Characteristics of Legal Order (with Barry R. Weingast), Journal of Legal Analysis (2012)

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

 

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Producing Law for Innovation, Rules for Growth (2011)

In this chapter I first discuss why we need to think of legal infrastructure as...

 

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

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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...

 

Link

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

Markets for Lawyers

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Innovating to Improve Access: Changing the Way Courts Regulate Legal Markets, Daedalus (2014)

The vast majority of ordinary Americans lack any real access to courts as they struggle...

 

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The Cost of Law: Promoting Access to Justice Through the (Un)Corporate Practice of Law, International Review of Law and Economics (2014)

The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans...

 

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The Cost of Law: Promoting Access to Justice through the (Un)Corporate Practice of Law, International Review of Law and Economics (2013)

The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans...

 

Link

Legal Infrastructure and the New Economy, I/S Journal of Law and Policy of the Information Society (2012)

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

 

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Legal Services Needed; Lawyers Need Not Apply, Miller-McCune Magazine (2011)
 

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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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Producing Law for Innovation, Rules for Growth (2011)

In this chapter I first discuss why we need to think of legal infrastructure as...

 

PDF

Producing Law for Innovation, Rules for Growth (2011)

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

 

PDF

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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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....

 

Comparative Law and Economics

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Democracy, Courts and the Information Order (with Dan Ryan Jr.), European Journal of Sociology (2013)

Conventional wisdom about civil litigation, both among scholars and political actors, holds that abuse of...

 

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Law without the State: Legal Attributes and the Coordination of Decentralized Collective Punishment (with Barry R. Weingast), Journal of Law and Courts (2012)

Most economic and positive political theory presumes the existence of an effective legal regime (protecting...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

Empirical Studies of Legal System

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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...

 

Settlement and ADR

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Democracy, Courts and the Information Order (with Dan Ryan Jr.), European Journal of Sociology (2013)

Conventional wisdom about civil litigation, both among scholars and political actors, holds that abuse of...

 

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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...

 

Link

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

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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...

 

Link

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

Contracting and Commercial Law

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The Cost of Law: Promoting Access to Justice Through the (Un)Corporate Practice of Law, International Review of Law and Economics (2014)

The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans...

 

PDF

Scaffolding: Using Formal Contracts to Build Informal Relations to Support Innovation (with Iva Bozovic) (2013)

In a study that follows in Macaulay’s (1963) footsteps, we asked businesses what role formal...

 

Link

Legal Infrastructure and the New Economy, I/S Journal of Law and Policy of the Information Society (2012)

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

 

PDF

What is Law? A Coordination Model of the Characteristics of Legal Order (with Barry R. Weingast), Journal of Legal Analysis (2012)

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

 

PDF

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...

 

PDF

Producing Law for Innovation, Rules for Growth (2011)

In this chapter I first discuss why we need to think of legal infrastructure as...

 

PDF

Producing Law for Innovation, Rules for Growth (2011)

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

 

PDF

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....

 

Link

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

PDF

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...

 

Link

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

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Problematic Relations: Franchising and the Law of Incomplete Contracts, Stanford Law Review (1990)

This paper explores an alternative approach to the analysis of franchise contracts which takes seriously...

 

Feminist Law and Economics

Legal Theory

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Law without the State: Legal Attributes and the Coordination of Decentralized Collective Punishment (with Barry R. Weingast), Journal of Law and Courts (2012)

Most economic and positive political theory presumes the existence of an effective legal regime (protecting...

 

PDF

Rational Reasonableness: Toward a Positive Theory of Public Reason (with Stephen Macedo), Journal of Law and Ethics of Human Rights (2012)

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

 

Teaching Materials

Access to Justice

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The Cost of Law: Promoting Access to Justice through the (Un)Corporate Practice of Law, International Review of Law and Economics (2013)

The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans...

 

No subject area

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