Corporate Publications

Public Radio Commentary for Marketplace (with Barry Nalebuff):

Bring on the Share Economy (Sept. 13, 2010)

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

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

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

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

Sarbanes/Oxley’s First Birthday (July 30, 2003) (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? A Bi-Monthly Column: in Forbes (with Barry Nalebuff). A column of ideas to improve business, government and everyday life:

An Equity Kicker 113 (May 19, 2008).

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

Environmental Atonement 87 (Dec. 25, 2006)

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

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

Peer Pressure 135 (April 11, 2005)

Throwaway Tickets 52 (August 18, 2004)

Don’t Sell Us Short 56 (Feb. 2, 2004)

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

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

Opt-Out Advertising (June 20, 2002)

Beyond Diversification: The Pervasive Problem of Excessive Fees and Dominated Funds in 401(k) Plans, 124 Yale Law Journal 1346 (2015) (with Quinn Curtis).

Anti-Herding Regulation,  5 Harvard Business Law Review  1 (2015) (with Joshua Mitts).

Skeletons in the Database: An Early Analysis of the CFPB’s Consumer Complaints, 19 Fordham Journal of Corporate & Financial Law 343 (2014) (with Jeff Lingwall, & Sonia Steinway).

Protecting Consumer Investors by Facilitating “Improved Performance” Competition, 2015 University of Illinois Law Review 1 (2015) (with Quinn Curtis).

Measuring Fiduciary and Investor Losses in 401(k) Plans (July 15, 2012) (with Quinn Curtis).  7th Annual Conference on Empirical Studies Paper.  

Diversification Across Time, 39 Journal of Portfolio Management 73 (Winter 2013) (with Barry Nalebuff). (Data Files).

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

Optimal Voting Rules for Two-member Tenure Committees, 36 Social Choice & Welfare 323 (2011) (with Colin Rowat and Nasser Zakariya).

Lifecyle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) (with Barry Nalebuff).

Read an Excerpt

Visit the Book website (watch videos, download data and financial calculators)

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

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

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

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

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

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

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

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

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).

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

“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).

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

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.)

Supply-Side Inefficiencies in Corporate Charter Competition: Lessons from Patents, Yachting and Bluebooks, 43 Kansas Law Review 541 (1995).

Relational Investing And Agency Theory, 15 Cardozo Law Review 1033 (1994) (with Peter Cramton).

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).

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.

The Possibility of Inefficient Corporate Contracts, 60 Cincinnati Law Review 387 (1991).

Three Approaches to Modeling 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).

Back to Basics: Regulating How Corporations Speak to the Market, 77 Virginia Law Review 945 (1991).

Optimal Pooling in Claims Resolution Facilities, 53 Law and Contemporary Problems 159 (1990).

Analyzing Stock Lockups: Do Target Treasury Sales Foreclose or Facilitate Takeover Auctions?, 90 Columbia Law Review 682 (1990).

Unlocking the Stock Lockup in Mobil v. Marathon Oil, 1 Journal of Merger and Acquisition Analysis 37 (1990).