Empirical Publications

Empirical Publications:

Public Radio Commentary for Marketplace (with Barry Nalebuff):

Now, the customer’s always managed (Oct. 8, 2007) (Audio)

End Tipping? (Oct. 5, 2005) (Real Audio)

Why Not? A Bi-Monthly Column: in Forbes (with Barry Nalebuff). A column of ideas to improve business, government and everyday life:

Experiment 103 (September 03, 2007). 

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

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

Race, Tips and Economics 136 (Nov. 1, 2004)

An Educated Consumer 95 (June 09, 2003)

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.

The Rule of Probabilities: A Practical Approach for Applying Bayes’ Rule to the Analysis of DNA Evidence 67 Stanford Law Review 1447 (2015) (with Barry Nalebuff).

Innovation Sticks: The Limited Case for Penalizing Failures to Innovate 82 University Chicago Law Review 1781 (2015) (with Amy Kapczynski) Online Appendix

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.

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

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

Effect of Perineal Self-Acupressure on Constipation: The PSAC Randomized, Controlled Trial Journal of General Internal Medicine (November 2014) (with Ryan Abbott, Ed Hui and Ka-Kit Hui) (Female Pamphlet) (Male Pamphlet)

Evidence and Extrapolation: Mechanisms for Regulating Off-Label Uses of Drugs and Devices 64 Duke Law Journal 377, (2014) (with Ryan Abbott).

A Randomized Test of the Effect of Apparent BMI on Assessments of Attractiveness and Likeability (with Guodong Guo & Antonia Rose Ayres-Brown) Online Appendix

Extreme Time Discounters and Health, Insurance, and Investment Choices (Working Paper 2014) (with Greg Conyers and Darren Segal)

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).

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).

A Randomized Experiment Assessing the Accuracy of Microsoft’s “Bing It On” Challenge Claims, 26 Loyola Consumer Law Review 1, (2013) (with Emad Atiq, Sheng Li, Michelle Lu, Christine Tsang & Tom Maher). Data

Enabling Mutual Fund Arbitrage: Short Redemptions and Improved Performance Guarantees (working paper 2013) (with Quinn Curtis).

The No Reading Problem in Consumer Contract Law, 66 Stanford Law Review 545, (2014) (with Alan Schwartz).

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).

Measuring Fiduciary and Investor Losses in 401(k) Plans (working paper 2013) (with Quinn Curtis).

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

Three Proposals for Regulating the Distribution of Home Equity, Yale Journal on Regulation (forthcoming 2013) (with Joshua Mitts). Online Appenidx

Evidence from Two Large Field Experiments that Peer Comparison Feedback Can Reduce Residential Energy Usage, 29 Journal of Law, Economics and Organization 992 (2013) (with Sophie Raseman & Alice Shih).

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

The $500 Diet: Weight Loss for People Who Are Committed to Change (Kindle Singles, 2011). Read an Excerpt. Free iTunes Audio Download.

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

Randomizing Law, 159 University of Pennsylvania Law Review 929 (2011) (with Michael Abramowicz & Yair Listokin).

Yet Another Refutation of the More Guns, Less Crime Hypothesis – With Some Help From Moody and Marvell, 6 Econ. J. Watch 35 (2009) (with John Donohue).

More Guns, Less Crime Fails Again: The Latest Evidence from 1977 – 2006, 6 Econ. J. Watch 218 (2009) (with John Donohue).

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)

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 www.aclu-sc.org (October 2008) (with Jonathan Borowsky). Web Appendix (Stata data and do files).

Options and Epidemics, Daedalus 118 (Spring 2008).

Number-Crunching the 2008 Election, Tierney Lab, New York Times (Jan. 9, 2008).

Mining Unconscious Wisdom, Harvard Business Review (March 1, 2008).

Give Freakonomics a Chance, The Economists’ Voice: Vol. 4 : Iss. 5, Article 1 (2007).

Prepare to be Super-Crunched, The Times Higher Education Supplement 18 (Oct. 26, 2007).

Super Crunchers: Why Thinking-By-Numbers is the New Way to Be Smart (Bantam 2007). Buy a copy.

How Computers Routed the Experts, Financial Times (August 31, 2007).

Seeing Significance: Is the 95% Probability Range Easier to Perceive? 20 Chance 11 (Winter 2007) (with Antonia Ayres-Brown & Henry Ayres-Brown).

Market Power and Inequality: A Competitive Conduct Standard for Assessing When Disparate Impacts are Justified, 95 California Law Review 669 (2007).

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

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.

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).

Discrimination in Consummated Car Purchases, in Handbook on Employment Discrimination Research: Rights and Realities 137, Chapter 6 (Springer 2005).

Optional Law: The Structure of Legal Entitlements (University of Chicago Press, 2005). (STATA dataset) (STATA do file).

Shooting Down the More Guns, Less Crime Hypothesis, 55 Stanford Law Review 1193 (2003) (with John J. Donohue III) (Stata datasets and do files)

The Latest Misfires in Support of the More Guns, Less Crime Hypothesis, 55 Stanford Law Review 1371 (2003) (with John J. Donohue III) (Stata do files)

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

Determinants of Citations to Articles in Elite Law Review, 29 Journal of Legal Studies 427 (2000) (with Fredrick E.Vars).

Nondiscretionary Concealed Weapons Laws: A Case Study of Statistics, Standards of Proff and Public Policy, 1 American Law and Economics Review 436 (1999) (with John J. Donohue III).

Measuring Positive Externalities from Unobservable Victim Precaution: An Empirical Analysis of Lojack, 113 Quarterly Journal of Economics 43 (1998) (with Steven D. Levitt).

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, 85, No. 3 American Economic Review 304 (1995) (with Peter Siegelman).

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).

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

Determinants of Airline Carrier Conduct, 8 International Review of Law & Economics, 187 (1988).

ETS Regression (excel file).