Civil Rights Publications

The Rise and (Potential) Fall of Disparate Impact Lending Litigation, in EVIDENCE AND INNOVATION IN HOUSING LAW AND POLICY (forthcoming CAMBRIDGE UNIVERSITY PRESS, 2017) (with Gary Klein & Jeffrey West).

Voluntary Taxation and Beyond - the Promise of Social-Contracting Voting Mechanisms, August 8, 2016. Online Appendix

Libertarian Gun Control, August 8, 2016.

Meet Callisto, the Tinder-like Platform that Aims to Fight Sexual Assault, Washington Post, Oct. 9, 2015.

Statistical Methods Can Demonstrate Racial Disparity, New York Times, April 27, 2015.

Unhappy Meals: Sex Discrimination in Toy Choice at Mcdonald’s, 21 William & Mary Journal of Women and the Law 237, (2015) (with Antonia Rose Ayres-Brown) (McDonald’s Diversity Letter).

When Whites Get a Free Pass: Research Shows White Privilege is Real, New York Times, February 24, 2015.

The Chastain Effect: Using Title IX to Measure the Causal Effect of Participating in High School Sports on Adult Women’s Social Lives, 48 Journal of Socio-Economics 62, (2014) (with Phoebe Clarke).

Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse,123 Yale Law Journal 714 (2013) (with Richard Luedeman).

Regulating Opt Out: An Economic Theory of Altering Rules, 121 Yale Law Journal 2032, (2012).

Race Effects on eBay, 46 Rand Journal of Economics 891 (2015) (with Mahzarin Banaji and Christine Jolls).

The Erasure of the Affirmative Action Debate in the Age of Obama, in The Obamas and a (Post) Racial America (Gregory Parks & Matthew Hughey, eds. Oxford University Press) (2011).

Testing for Discrimination and the Problem of “Included Variable Bias,” working paper (2010).

Racial profiling in L.A.:  the numbers don’t lie, 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 (October 2008) (with Jonathan Borowsky). Web Appendix (Stata data and do files).

Randomizing Law, 159 Univ. of Penn. Law Review 929 (March 2011) (with Yair Listokin and Michael Abramowicz).

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

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

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

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

End Tipping?, Public Radio Commentary for Marketplace (with Barry Nalebuff) (Oct. 5, 2005) (Real Audio)

Promises to Keep, Why Not? A Bi-Monthly Column: in Forbes (with Barry Nalebuff) 78 (July 4, 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).

Opting for Equality, Public Radio Commentary for Marketplace (with Barry Nalebuff) (June 30, 2005) (Real Audio).

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).

Warning: We Discriminate, Alternet (May 17, 2005).

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).

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)

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.

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

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).

Race, Tips and Economics, Why Not? A Bi-Monthly Column: in Forbes (with Barry Nalebuff) 136 (Nov. 1, 2004)

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

Should Heterosexuals Boycott Marriage?, Issues in Legal Scholarship (2004): Article 2. (with Jennifer Gerarda Brown).

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.

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

Sign the Vacation Pledge (and support equal marriage rights)

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

An Educated Consumer, Why Not? A Bi-Monthly Column: in Forbes (with Barry Nalebuff) 95 (June 09, 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.)).

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

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

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).

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

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

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

Narrow Tailoring, 43 UCLA Law Review 1781 (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).

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

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

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).

Race and Gender Discrimination in Bargaining For 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).

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

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

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