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).
Hedge Fund Activism, Poison Pills, and the Jurisprudence of Threat (August 22, 2016), in THE CORPORATE CONTRACT IN CHANGING TIMES: IS THE LAW KEEPING UP? (William Savitt, Steven Davidoff Solomon, Randall Thomas eds., forthcoming)
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).
The Equilibrium Content of Corporate Federalism , 41 WAKE FOREST L. REV. 619 (2006) (with Joseph McCahery), reprinted in 48 CORP. PRAC. COMMENTATOR 855 (2007) and MET RECHT (Peter Essers, et al. eds., Kluwer 2009).
Supersize Pay, Incentive Compatibility and the Volatile Model of the Shareholder, 1 VA. L. & BUS. REV. 55 (2006), reprinted in PERSPECTIVES ON CORPORATE GOVERNANCE (Scott Kieff & Troy Paredes, eds., Cambridge University Press 2010).
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).
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).
Beyond Compliance: Explaining Business Participation in Voluntary Environmental Programs, in EXPLAINING COMPLIANCE: BUSINESS RESPONSES TO REGULATION (Vibeke Lehmann Nielsen and Christine Parker, eds.) (with Jonathan Borck) (2011).
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
Is Say on Pay All About Pay? The Impact of Firm Performance (September 29, 2017), U of Penn, Inst for Law & Econ Research Paper No. 17-39; 8 HARV. BUS. L. REV. (forthcoming) (with Darius Palia and Steven Davidoff Solomon).
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).
Business Taxes and International Competitiveness: Understanding How Taxes Can Distort Capital Ownership and Designing a Nondistortive International Tax System, in DIMENSIONS OF COMPETITIVENESS (Paul De Grauwe, ed., 2010).
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.
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).
Core Issues Under the UNIDROIT (Geneva) Convention on Intermediated Securities: Views From the United States and Japan, in INTERMEDIATED SECURITIES: LEGAL PROBLEMS AND PRACTICAL ISSUES 69 (Louise Gullifer & Jennifer Payne eds., Hart Publishing, 2010) (with Hideki Kanda).
Private Law and the Regulation of Securities Intermediaries: Perspectives Under the Geneva Securities Convention and United States Law, 2010 UNIF. L. REV. 811.
The (UNIDROIT) Geneva Securities Convention on Intermediated Securities, 24 BUTTERWORTH’S J. INT’L BANKING & FIN. L. 596 (2009).
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).
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).
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)
Pass-Through, Public Trading, and the Dubious Obstacle of Inside Basis Adjustments, 72 Tax L. Rev. __ (2019), University of Pennsylvania, Institute for Law and Economics Research Paper No. 17-20 (2017); forthcoming: Tax Law Review, Vol. 71, No. 4 (summer 2018).
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.
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).