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Give Freakonomics a Chance, The Economists' Voice (2007)

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Going Soft on Microsoft? The EU's Antitrust Case and Remedy (with Barry Nalebuff), The Economists' Voice (2007)

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Privatizing Gay Rights with Non-discrimination Promises Instead of Policies (with Jennifer Gerarda Brown), The Economists' Voice (2007)

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Should Heterosexuals Boycott Marriage? (with Jennifer Gerarda Brown), Issues in Legal Scholarship (2007)

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Shooting Down the ‘More Guns, Less Crime’ Hypothesis (with John Donohue), Stanford Law Review (2003)

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The Latest Misfires in Support of the ‘More Guns, Less Crime’ Hypothesis (with John Donohue), Stanford Law Review (2003)

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Nondiscretionary Concealed Weapons Law: A Case Study of Statistivs, Standards of Proof, and Public Policy (with John Donohue and Ian Ayres), American Law and Economics Review (1999)

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Mutual versus Unilateral Mistake in Contracts (with Eric Bennett Rasmusen), Journal of Legal Studies (1993)

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Posner's Third Symphony: Thinking about the Unthinkable (with John Donohue), Stanford Law Review (1987)

The Knicks Boldly Go Where Companies Have Not (with John Donohue and Ian Ayres), The New York Times (2006)

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

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Tradable Patent Rights: A New Approach to Innovation (with Gideon Parchomovsky), Scholarship at Penn Law (2007)

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Don’t Tell, Don’t Ask: Narrow Tailoring After Grutter and Gratz (with Sydney Foster), Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series (2005)

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Mark(et)ing Nondiscrimination (with Jennifer Brown), Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series (2005)

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The Latest Misfires in Support of the More Guns, Less Crime Hypothesis (with John J. Donohue III), Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series (2003)

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Shooting Down the More Guns, Less Crime Hypothesis (with John J. Donohue and Ian Ayres), Center for the Study of Law and Society Jurisprudence and Social Policy Program (2003)

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Should Campaign Donors Be Identified?, Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series (2001)

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Substitutes for Insider Trading (with Joseph Bankman), Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series (2001)

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A Critique of 'Tangibility' as the Basis for Property Rules (with Paul Goldbart), Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series (2001)

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Optimal Delegation and Decoupling in the Design of Liability Rules (with Paul Goldbart), Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series (2001)