Labor Market Experiments in a Virtual World (with A. Cohn, E. Fehr).
The Forfeiture of Coverage Defenses Rule: an Economic Analysis (July 25, 2017). Northwestern Law & Econ Research Paper No. 17-10; U of Penn, Inst for Law & Econ Research Paper No. 17-32 (with Ezra Friedman and Kyle D. Logue).
INSURANCE LAW AND POLICY: CASES, MATERIALS AND PROBLEMS (Aspen Publishing 2003; 2d ed. 2008; 3d ed. 2013).
ENSURING CORPORATE MISCONDUCT: HOW LIABILITY INSURANCE UNDERMINES SHAREHOLDER LITIGATION (University of Chicago Press, 2010) (with Sean Griffith).
The Missing Monitor in Corporate Governance: The Directors’ and Officers’ Liability Insurer, 95 GEO. L.J. 1795 (2007) (with Sean Griffith), reprinted in LAW AND ECONOMICS OF INSURANCE (Daniel Schwarcz ed., Elgar 2012).
EMBRACING RISK: THE CHANGING CULTURE OF INSURANCE AND RESPONSIBILITY (contributing editor, with Jonathan Simon, University of Chicago Press 2002).
A Tale of Two Markets: Regulation and Innovation in Post-Crisis Mortgage and Structured Finance Markets (August 21. 2019), U of Penn, Inst for Law & Econ Research Paper No. 19-33 (with Adam J. Levitin).
Hedge Fund Activism, Poison Pills, and the Jurisprudence of Threat, in THE CORPORATE CONTRACT IN CHANGING TIMES: IS THE LAW KEEPING UP? (Steven Davidoff Solomon & Randall Stuart Thomas eds., Chicago 2019).
CORPORATE FINANCE: CASES AND MATERIALS (Foundation Press, 8th ed. 2016).
A World Without Treasuries?, in IS U.S. GOVERNMENT DEBT DIFFERENT? 13 (Franklin Allen et al. eds., 2012).
Investment Protection in Extraordinary Times: The Interpretation and Application of Non-Precluded Measures Provisions in Bilateral Investment Treaties 48 VA. J. INT'L L. 307 (2007) (with Andreas von Staden).
Compliance Management Systems: Do They Make a Difference? (May 7, 2020). in CAMBRIDGE HANDBOOK OF COMPLIANCE (D. Daniel Sokol & Benjamin van Rooij eds., Cambridge University Press, forthcoming).; U of Penn, Inst for Law & Econ Research Paper No. 20-35 (with Jennifer Nash).
The Challenge of Regulatory Excellence (June 26, 2020), in ACHIEVING REGULATORY EXCELLENCE (Cary Coglianese, ed., Brookings Institution Press).; U of Penn Law School, Public Law Research Paper No. 20-19.
Motivating Without Mandates? The Role of Voluntary Programs in Environmental Governance, in DECISION MAKING IN ENVIRONMENTAL LAW (Lee Paddock, Robert Glicksman, & Nicholas S. Bryner eds., Elgar 2016) (with Jennifer Nash).
ACHIEVING REGULATORY EXCELLENCE (ed., Brookings 2016).
Angus Corbett and Stephen Bottomley, "Regulating Corporate Governance" in Christine Parker, Colin Scott, Nicola Lacey and John Braithwaite, J (eds) Regulating Law (Oxford University Press, 2004) 60-81
Reviewing Inter Partes Review Five Years In: The View From University Technology Transfer Offices, in THE RESEARCH HANDBOOK ON INTELLECTUAL PROPERTY AND TECHNOLOGY TRANSFER (Jacob H. Rooksby ed., Edward Elgar Publ. 2020).
Intellectual Property: Ownership and Protection in a University Setting, in ACADEMIC ENTREPRENEURSHIP FOR MEDICAL AND HEALTH SCIENTISTS (Nalaka Gooneratne, Rachel McGarrigle & Flaura Winston eds., 2019).
The Uncertain Stewardship Potential of Index Funds (January 2020), in GLOBAL SHAREHOLDER STEWARDSHIP: COMPLEXITIES, CHALLENGES AND POSSIBILITIES (Dionysia Katelouzou & Dan W. Puchniak eds, Cambridge University Press, forthcoming). European Corporate Governance Institute - Law Working Paper No. 490/2020; U of Penn, Inst for Law & Econ Research Paper No. 20-09.
The “Value” of a Public Benefit Corporation (October 5, 2020), U of Penn, Inst for Law & Econ Research Paper No. 20-54; in RESEARCH HANDBOOK ON CORPORATE PURPOSE AND PERSONHOOD (Elizabeth Pollman & Robert B. Thompson, eds., Elgar, forthcoming) (with Steven Davidoff Solomon).
Boilermakers and the Contractual Approach to Litigation Bylaws, in THE CORPORATE CONTRACT IN CHANGING TIMES: IS THE LAW KEEPING UP? (Steven Davidoff Solomon & Randall Stuart Thomas eds., Chicago 2019).
Self-Regulation, in UPDATE TO REVIEW OF CONSUMER PROTECTION LAW DEVELOPMENTS (A.B.A., 2013).
COPYRIGHT LAW (Foundation Press and Thomson Reuters, 2012) (with Jane C. Ginsburg).
CONTRACT AND RELATED OBLIGATION: THEORY, DOCTRINE, AND PRACTICE (7th ed., West 2016) (with Robert S. Summers & Robert A. Hillman).
International Competitiveness, Tax Incentives, and a New Argument for Tax Sparing: Preventing Double Taxation by Crediting Implicit Taxes (U. Pa. Inst. for Law & Econ., Research Paper No. 08-21, 2008).
Book Review, 85 BUS. HIST. REV. 622 (2011) (reviewing JENNIFER DELTON, RACIAL INTEGRATION IN CORPORATE AMERICA, 1940-1990 (2009)).
Charles Mooney Jr.
An Essay on Pluralism in Financial Market Infrastructure Design: The Case of Securities Holding in the United States (April 20, 2020), U of Penn, Inst for Law & Econ Research Paper No. 20-29; forthcoming in a collection published by Oxford UP.
Security Interests in Book-Entry Securities in Japan: Should Japanese Law Embrace Perfection by Control Agreement and Security Interests in Securities Accounts?, 37 U. PA. J. INT'L L. 761 (2017) (with Kumiko Koens).
When is a Dog's Tail Not a Leg?: A Property-Based Methodology for Distinguishing Sales of Receivables from Security Interests That Secure an Obligation, 82 U. CIN. L. REV. 1029 (2014) (with Steven L. Harris).
OFFICIAL COMMENTARY TO THE UNIDROIT CONVENTION ON SUBSTANTIVE RULES FOR INTERMEDIATED SECURITIES (Oxford University Press 2012) (with Hideki Kanda, Luc Thevenoz & Stephane Beraud).
Private Law and the Regulation of Securities Intermediaries: Perspectives Under the Geneva Securities Convention and United States Law, 2010 UNIF. L. REV. 811.
SECURITY INTERESTS IN PERSONAL PROPERTY (with S. HARRIS, Foundation Press, 2d ed. 1992; Supp. 1999; 3d ed. 2000; 4th ed. 2006; 5th ed. 2011; 6th ed. 2015).
Fiduciary Law and the Preservation of Trust in Business Relationships, in FIDUCIARIES AND TRUST: ETHICS, POLITICS, ECONOMICS AND LAW (Paul B. Miller & Matthew Harding eds., Cambridge 2020) (with Brian Broughman & D. Gordon Smith).
BUSINESS ORGANIZATIONS: A CONTEMPORARY APPROACH (3d ed., West 2019) (with Alan Palmiter & Frank Partnoy).
The Supreme Court’s View of Corporate Rights: Two Centuries of Evolution and Controversy, in CORPORATIONS AND AMERICAN DEMOCRACY (with Margaret M. Blair) (Naomi R. Lamoreaux & William J. Novak, eds.) (Harvard University Press 2017).
CASES AND MATERIALS ON INTERNATIONAL REGULATION OF TRADE AND INVESTMENT (2006).
THE LAW OF SALES AND SECURED FINANCING (with C. MOONEY & S. HARRIS, 7th ed., Foundation Press 2002).
Pass-Through, Public Trading, and the Dubious Obstacle of Inside Basis Adjustments, __ Tax L. Rev. __ (2021), University of Pennsylvania, Institute for Law and Economics Research Paper No. 17-20 (2017); forthcoming: Tax Law Review, Vol. 71, No. 4 (summer 2018).
Optimal Redistributional Instruments in Law and Economics, in The Oxford Handbook of Law and Economics, Volume 1: Methodology and Concepts, edited by Francesco Parisi, pp. 321-354, Oxford University Press (2017)
Financing Systemically Important Financial Institutions in Bankruptcy, in MAKING FAILURE FEASIBLE: HOW BANKRUPTCY REFORM CAN END "TOO BIG TO FAIL" (Kenneth E. Scott, Thomas H. Jackson, & John B. Taylor, eds., Hoover Institution Press 2015).
BANKRUPTCY (Foundation Press 9th ed., 2012) (with William Warren and Daniel J. Bussel).
Leo Strine Jr.
Fiduciary Blind Spot: The Failure of Institutional Investors to Prevent the Illegitimate Use of Working Americans’ Savings for Corporate Political Spending (December 20, 2018). U of Penn, Inst for Law & Econ Research Paper No. 19-03.
Toward Fair and Sustainable Capitalism: A Comprehensive Proposal to Help American Workers, Restore Fair Gainsharing Between Employees and Shareholders, and Increase American Competitiveness by Reorienting Our Corporate Governance System Toward Sustainable Long-Term Growth and Encouraging Investments in America’s Future (September 26, 2019). U of Penn, Inst for Law & Econ Research Paper No. 19-39.
Securing Our Nation’s Economic Future: A Sensible, Nonpartisan Agenda to Increase Long-Term Investment and Job Creation in the United States, 71 BUS. LAW. 1081 (2016).
Adolf Berle, E. Merrick Dodd and the New American Corporatism of 1932, in RESEARCH HANDBOOK ON THE HISTORY OF CORPORATE LAW (Harwell Wells ed., Edward Elgar 2018) (with William B. Bratton).
Takeover Defense When Financial Markets Are (Only) Relatively Efficient, presented at the ILE Corporate Governance Roundtable, April 2002 and the Preferences and Rationale Choice Symposium, March 2002.
Waiting for the Omelet to Set: Match-Specific Assets and Minority Oppression in the Close Corporation, in CONCENTRATED CORPORATE OWNERSHIP, (Randall Morck ed., NBER/Univ. of Chicago 2000), also published in 24 J. Corp. L. 913 (1999) and 42 CORP. PRACT. COMMENTATOR 1 (2000) (with Edward B. Rock).
R. Polk Wagner
Is the Family-Friendly Workplace Possible? Dynamic computer simulations using a game-theoretic model
Fee Salience in Retirement Investment Choices (with Jill Fisch).
Fault in Contracts, A Psychological Approach, in FAULT IN AMERICAN CONTRACT LAW (Omri Ben-Shahar & Ariel Porat eds., Cambridge University Press, 2010).
The Class Action Fairness Act and Choice of Law in the Federal Courts (article manuscript)
Compelled Corporate Speech and the Role of Expressive Autonomy Under the First Amendment (article manuscript)
NETWORKS IN TELECOMMUNICATIONS: ECONOMICS AND LAW (Cambridge Univ. Press 2009) (with Daniel F. Spulber).