Publications
Chronological
- Policy Shock: Regulatory Responses to Oil Spills, Nuclear Accidents, and Financial Meltdowns (Cambridge University Press, 2017) (editor with Edward J Balleisen, Lori S Bennear, & Jonathan Wiener)
- Organ Entrepreneurs, in The Handbook on Law and Entrepreneurship (forthcoming) (with Kieran Healy)
- If We Allow Football Players and Boxers to Be Paid for Entertaining the Public, Why Don’t We Allow Kidney Donors to Be Paid for Saving Lives?, 81 Law and Contemporary Problems 9-35 (2018) (with Philip J. Cook)
- If We Pay Football Players, Why Not Kidney Donors?, 41 Regulation 12-17 (2018) (with Philip J. Cook)
- Contract Development in a Matching Market: The Case of Kidney Exchange, 80 Law & Contemporary Problems 11-35 (No. 1 2017) (with Wenhao Liu & Marc Melcher)
- Kidney Exchange to Overcome Financial Barriers to Kidney Transplantation, American Journal of Transplantation 782-790 (2017) (with Rees, et al.)
- Repugnance Management and Transactions in the Body, 107 American Economic Review: Papers & Proceedings 1-5 (2017) (with Kieran Healy)
- Diversity and Talent at the Top: Lessons From the Boardroom, in Diversity in Practice: Race, Gender, and Class in Legal and Professional Careers 37-80 (Spencer Headworth et al eds., 2016) (with John Conley & Lissa Broome)
- Lessons from Law About Incomplete Commodification in the Egg Market, 33 Journal of Applied Philosophy160-177 (2016)
- How Can the Shortage of Kidneys for Transplantation be Rectified? Medical Law Perspectives (July 2015) (with Philip J. Cook)
- Markets, Morals, and Limits in the Exchange of Human Eggs, 13 Georgetown Journal of Law & Public Policy 349-365 (2015)
- The Volcker Rule: A Brief Political History, 10 Capital Markets Law Journal 507-522 (2015) (with Guangya Liu)
- A Difficult Conversation: Corporate Directors on Race and Gender, 26 Pace International Law Review 13-22 (2014) (with John Conley & Lissa Broome)
- A Primer on Kidney Transplantation: Anatomy of the Shortage, 77 Law and Contemporary Problems 1-23 (2014) (with Philip J. Cook)
- Reverse Transplant Tourism, 77 Law and Contemporary Problems 145-173 (2014) (with Michael A. Rees)
- Egg-Donor Price Fixing and Kamakahi v. American Society for Reproductive Medicine. American Medical Association Journal of Ethics (formerly, Virtual Mentor). 2014; 16:57-62.
- A Difficult Conversation: Corporate Directors on Race and Gender, 16 Pace International Law Review 416-425 (2014) (with John M. Conley & Lissa L. Broome)
- Agency Lobbying and Financial Reform: A Volcker Rule Case Study, 32 Banking & Financial Services Policy Report 15-22 (August 2013)
- Don’t ‘Screw Joe the Plummer’: The Sausage-Making of Financial Reform, 55 Arizona Law Review 53-103 (2013)
- The Danger of Difference: Tensions in Directors’ Views of Corporate Board Diversity, 2013 University of Illinois Law Review 919-958 (2013) (with John M. Conley & Lissa L. Broome)
- Custom, Contract, and Kidney Exchange, 62 Duke Law Journal 645-670 (2012) (with Kieran Healy)
- Dangerous Categories: Narratives of Corporate Board Diversity, 89 North Carolina Law Review 759-808 (2011) (with John M. Conley & Lissa L. Broome)
- Does Critical Mass Matter? Views from the Board Room, 34 Seattle University Law Review 1049-1080 (2011) (with Lissa L. Broome & John M. Conley)
- Introduction: For Love or Money? Defining Relationships in Law and Life, 35 Washington University Journal of Law & Policy 1-9 (2011) (with Marion Crain)
- Narratives of Diversity in the Corporate Boardroom: What Corporate Insiders Say about Why Diversity Matters, in Discourse Perspectives on Organizational Communication 201-660 (2011) (with John M. Conley & Lissa Lamkin Broome)
- The Dark Side of Commodification Critiques: Politics and Elitism in Standardized Testing, 35 Washington University Journal of Law & Policy 349-362 (2011)
- A Woman’s Worth, 88 North Carolina Law Review 1739-1769 (2010)
- Price and Pretense in the Baby Market, in Baby Markets: Money and the New Politics of Creating Families41-55 (Michelle Bratcher Goodwin ed., 2010)
- Altruism and Intermediation in the Market for Babies, 66 Washington & Lee Law Review 203-257 (2009)
- Foreword: Show Me The Money: Making Markets in Forbidden Exchange, 72 Law & Contemporary Problems i-xiv (Summer 2009)
- Operational Risk Management: An Emergent Industry, in Operational Risk Towards Basel III: Best Practices and Issues in Modeling, Management and Regulation 271 (G.N. Gregoriou ed., John Wiley & Sons 2009)
- Sunny Samaritans and Egomaniacs: Price-Fixing in the Gamete Market, 72 Law & Contemporary Problems 59-90 (Summer 2009)
- The Return of the Rogue, 51 Arizona Law Review 127-174 (2009)
- Why We Should Ignore the “Octomom”, 104 Northwestern University Law Review Colloquy 120-131 (2009)
- Signaling Through Board Diversity: Is Anyone Listening?, 77 University of Cincinnati Law Review 431-464 (2008) (with Lissa Broome)
- Incomplete Contracts in a Complete Contract World, 33 Florida State University Law Review 725-755 (2006) (with Scott Baker)
- Common Law Disclosure Duties and the Sin of Omission: Testing the Meta-Theories, 91 Virginia Law Review 1795-1888 (2005) (with Kathryn Zeiler)
- Organizational Form as Status and Signal, 40 Wake Forest Law Review 977-1009 (2005)
- Organizational Misconduct: Beyond the Principal-Agent Model, 32 Florida State University Law Review571-615 (2005)
- The Economics of Limited Liability: An Empirical Study of New York Law Firms, 2005 University of Illinois Law Review 107-169 (with Scott Baker)
- The Penalty Default Canon, 72 George Washington Law Review 663-723 (2004) (with Scott Baker)
- Cosmetic Compliance and the Failure of Negotiated Governance, 81 Washington University Law Quarterly487-544 (2003)
- Derivatives on TV: A Tale of Two Derivatives Debacles in Prime Time, 4 Green Bag 2d 257-267 (2001) (with Peter H. Huang & Frank Partnoy)
- Fairness, Efficiency and Insider Trading: Deconstructing the Coin of the Realm in the Information Age, 95Northwestern University Law Review 443-503 (2001)
- Foreword: The Regulation of Derivatives and Other Complex Financial Products, 21 Northwestern Journal of International Law & Business 565-571 (2001)
- Privatizing “Outsider Trading, 41 Virginia Journal of International Law 693-715 (2001)
- Accounting for Greed: Unraveling the “Rogue Trader” Mystery, 79 Oregon Law Review 301-338 (2000)
- Building the Basic Course Around Intra-Firm Relations, 34 Georgia Law Review 785-807 (2000)
- SEC Promulgates New Insider Trading Rules, 15 BNA Corporate Counsel Weekly 8 (November 1, 2000) (with Richard W. Painter)
- Derivatives, Corporate Hedging and Shareholder Wealth: Modigliani-Miller Forty Years Later, 1998 University of Illinois Law Review 1039-1104
- Don’t Ask, Just Tell: Insider Trading After United States v. O’Hagan, 84 Virginia Law Review 153-228 (1998) (with Richard Painter & Cindy Williams)
- Corporate Debt Restructurings in Mexico: For Foreign Creditors, Insolvency Law Is Only Half the Story, 17New York Law School Journal of International & Comparative Law 481-486 (1997)
- Fiduciaries, Misappropriators and the Murky Outlines of the Den of Thieves: A Conceptual Continuum for Analyzing United States v. O’Hagan, 33 Tulsa Law Journal 163-175 (1997)
- More Than Just New Financial Bingo: A Risk-based Approach to Understanding Derivatives, 23 Journal of Corporation Law 1-63 (1997)
- Gustafson v. Alloyd Co.: The Wrong Decision, But it is Still Business As Usual in the Securities Markets, 31 Tulsa Law Journal 509-520 (1996)
- Electronic Surveillance, 79 Georgetown Law Journal 678-700 (1991)
By Subject Matter
Organ Entrepreneurs, in The Handbook on Law and Entrepreneurship (forthcoming) (with Kieran Healy)
If We Allow Football Players and Boxers to Be Paid for Entertaining the Public, Why Don’t We Allow Kidney Donors to Be Paid for Saving Lives?, 81 Law and Contemporary Problems 9-35 (2018) (with Philip J. Cook)
If We Pay Football Players, Why Not Kidney Donors?, 41 Regulation 12-17 (2018) (with Philip J. Cook)
Contract Development in a Matching Market: The Case of Kidney Exchange, 80 Law & Contemporary Problems 11-35 (No. 1 2017) (with Wenhao Liu & Marc Melcher)
Kidney Exchange to Overcome Financial Barriers to Kidney Transplantation, American Journal of Transplantation 782-790 (2017) (with Rees, et al.)
Repugnance Management and Transactions in the Body, 107 American Economic Review: Papers & Proceedings 1-5 (2017) (with Kieran Healy)
Lessons from Law About Incomplete Commodification in the Egg Market, 33 Journal of Applied Philosophy160-177 (2016)
How Can the Shortage of Kidneys for Transplantation be Rectified? Medical Law Perspectives (July 2015) (with Philip J. Cook)
Markets, Morals, and Limits in the Exchange of Human Eggs, 13 Georgetown Journal of Law & Public Policy 349-365 (2015)
A Primer on Kidney Transplantation: Anatomy of the Shortage, 77 Law and Contemporary Problems 1-23 (2014) (with Philip J. Cook)
Reverse Transplant Tourism, 77 Law and Contemporary Problems 145-173 (2014) (with Michael A. Rees)
Egg-Donor Price Fixing and Kamakahi v. American Society for Reproductive Medicine. Virtual Mentor. 2014; 16:57-62.
Custom, Contract, and Kidney Exchange, 62 Duke Law Journal 645-670 (2012) (with Kieran Healy)
Introduction: For Love or Money? Defining Relationships in Law and Life, 35 Washington University Journal of Law & Policy 1-9 (2011) (with Marion Crain)
The Dark Side of Commodification Critiques: Politics and Elitism in Standardized Testing, 35 Washington University Journal of Law & Policy 349-362 (2011)
A Woman’s Worth, 88 North Carolina Law Review 1739-1769 (2010)
Price and Pretense in the Baby Market, in Baby Markets: Money and the New Politics of Creating Families41-55 (Michelle Bratcher Goodwin ed., 2010)
Altruism and Intermediation in the Market for Babies, 66 Washington & Lee Law Review 203-257 (2009)
Show Me The Money: Making Markets in Forbidden Exchange, 72 Law & Contemporary Problems i-xiv (Summer 2009)
Sunny Samaritans and Egomaniacs: Price-Fixing in the Gamete Market, 72 Law & Contemporary Problems 59-90 (Summer 2009)
Why We Should Ignore the “Octomom”, 104 Northwestern University Law Review Colloquy 120-131 (2009)
Policy Shock: Regulatory Responses to Oil Spills, Nuclear Accidents, and Financial Meltdowns (Cambridge University Press, 2017) (editor with Edward J Balleisen, Lori S Bennear, & Jonathan Wiener)
The Volcker Rule: A Brief Political History, 10 Capital Markets Law Journal 507-522 (2015) (with Guangya Liu)
Agency Lobbying and Financial Reform: A Volcker Rule Case Study, 32 Banking & Financial Services Policy Report 15-22 (August 2013)
Don’t ‘Screw Joe the Plummer’: The Sausage-Making of Financial Reform, 55 Arizona Law Review 53-103 (2013)
Operational Risk Management: An Emergent Industry, in Operational Risk Towards Basel III: Best Practices and Issues in Modeling, Management and Regulation 271 (G.N. Gregoriou ed., John Wiley & Sons 2009)
The Return of the Rogue, 51 Arizona Law Review 127-174 (2009)
Cosmetic Compliance and the Failure of Negotiated Governance, 81 Washington University Law Quarterly487-544 (2003)
Derivatives on TV: A Tale of Two Derivatives Debacles in Prime Time, 4 Green Bag 2d 257-267 (2001) (with Peter H. Huang & Frank Partnoy)
Fairness, Efficiency and Insider Trading: Deconstructing the Coin of the Realm in the Information Age, 95Northwestern University Law Review 443-503 (2001)
Foreword: The Regulation of Derivatives and Other Complex Financial Products, 21 Northwestern Journal of International Law & Business 565-571 (2001)
Privatizing “Outsider Trading, 41 Virginia Journal of International Law 693-715 (2001)
Accounting for Greed: Unraveling the “Rogue Trader” Mystery, 79 Oregon Law Review 301-338 (2000)
Derivatives, Corporate Hedging and Shareholder Wealth: Modigliani-Miller Forty Years Later, 1998 University of Illinois Law Review 1039-1104
Don’t Ask, Just Tell: Insider Trading After United States v. O’Hagan, 84 Virginia Law Review 153-228 (1998) (with Richard Painter & Cindy Williams)
Corporate Debt Restructurings in Mexico: For Foreign Creditors, Insolvency Law Is Only Half the Story, 17New York Law School Journal of International & Comparative Law 481-486 (1997)
Fiduciaries, Misappropriators and the Murky Outlines of the Den of Thieves: A Conceptual Continuum for Analyzing United States v. O’Hagan, 33 Tulsa Law Journal 163-175 (1997)
More Than Just New Financial Bingo: A Risk-based Approach to Understanding Derivatives, 23 Journal of Corporation Law 1-63 (1997)
Gustafson v. Alloyd Co.: The Wrong Decision, But it is Still Business As Usual in the Securities Markets, 31 Tulsa Law Journal 509-520 (1996)
Diversity and Talent at the Top: Lessons From the Boardroom, in Diversity in Practice: Race, Gender, and Class in Legal and Professional Careers 37-80 (Spencer Headworth et al eds., 2016) (with John Conley & Lissa Broome)
A Difficult Conversation: Corporate Directors on Race and Gender, 26 Pace International Law Review 13-22 (2014) (with John Conley & Lissa Broome)
The Danger of Difference: Tensions in Directors’ Views of Corporate Board Diversity, 2013 University of Illinois Law Review 919-958 (2013) (with John M. Conley & Lissa L. Broome)
Dangerous Categories: Narratives of Corporate Board Diversity, 89 North Carolina Law Review 759-808 (2011) (with John M. Conley & Lissa L. Broome)
Does Critical Mass Matter? Views from the Board Room, 34 Seattle University Law Review 1049-1080 (2011) (with Lissa L. Broome & John M. Conley)
Narratives of Diversity in the Corporate Boardroom: What Corporate Insiders Say about Why Diversity Matters, in Discourse Perspectives on Organizational Communication 201-660 (2011) (with John M. Conley & Lissa Lamkin Broome)
Signaling Through Board Diversity: Is Anyone Listening?, 77 University of Cincinnati Law Review 431-464 (2008) (with Lissa Broome)
Featured Book
Policy Shock
Recalibrating Risk and Regulation after Oil Spills, Nuclear Accidents and Financial Crises
Policy Shock examines how policy-makers in industrialized democracies respond to major crises. After the immediate challenges of disaster management, crises often reveal new evidence or frame new normative perspectives that drive reforms designed to prevent future events of a similar magnitude. Such responses vary widely – from cosmetically masking inaction, to creating stronger incentive systems, requiring greater transparency, reorganizing government institutions and tightening regulatory standards.
This book situates post-crisis regulatory policy-making through a set of conceptual essays written by leading scholars from economics, psychology and political science, which probe the latest thinking about risk analysis, risk perceptions, focusing events and narrative politics. It then presents ten historically-rich case studies that engage with crisis events in three policy domains: offshore oil, nuclear power and finance. It considers how governments can prepare to learn from crisis events – by creating standing expert investigative agencies to identify crisis causes and frame policy recommendations.
Podcast
