Writing
Publications
Books, articles, and book chapters on taboo trades, reproductive and organ markets, contracts, and the regulation of financial markets. Full texts for most papers are available on SSRN.
Works in Progress
- — Generosity to Donors of Biological Materials: Not Whether but How
- — Keep the Ring: Engagement and the Legal Fiction of Conditional Gifts
- — Incentivizing Witness Cooperation
- — Essay on Alvin Roth’s Moral Economics
Books & Edited Volumes
- 2017 Policy Shock: Recalibrating Risk and Regulation After Oil Spills, Nuclear Accidents, and Financial Crises
- 2022 Sex in Law
- 2018 Sex and Sport
- 2018 Altruism, Community, and Markets
- 2017 Law and Markets
- 2014 Organs and Inducements
- 2009 Show Me the Money: Making Markets in Forbidden Exchange
Articles & Book Chapters
- 2026 L’OMS estime que les pays devraient être autosuffisants en matière d’organes et de sang (non rémunérés)
- 2026 Repugnant Work
- 2025 The Case for Specific Performance of Personal Service Contracts
- 2025 Vice Capital
- 2025 WHO Says Countries Should Be Self-Sufficient in (Unremunerated) Organs and Blood
- 2025 The Ethical Limits of Markets: Market Inalienability
- 2023 Gametes: Commodification and the Fertility Industry
- 2023 Markets, Repugnance, and Externalities
- 2022 No Money Allowed
- 2022 Criminal, Legal, and Ethical Kidney Donation and Transplantation: A Conceptual Framework to Enable Innovation
- 2022 Organ Entrepreneurs
- 2022 Foreword: Sex in Law
- 2020 Kidney Donation and the Consent of the Poor
- 2019 Let’s Talk: What FinReg Can Learn from New Governance (and Vice Versa)
- 2019 Kidneys Without Money
- 2018 Complete Chain of the First Global Kidney Exchange Transplant and 3-Year Follow-Up
- 2018 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?
- 2018 Does Contract Law Need Morality?
- 2018 If We Pay Football Players, Why Not Kidney Donors?
- 2018 Foreword: Altruism, Community, and Markets
- 2017 Introduction
- 2017 Recalibrating Risk: Crises, Learning, and Regulatory Change
- 2017 Foreword: Sex in Sport
- 2017 Foreword: How to Think About Law and Markets
- 2017 Introduction to the Law and Markets: Regulating Controversial Exchange
- 2017 Repugnance Management and Transactions in the Body
- 2017 Kidney Exchange to Overcome Financial Barriers to Kidney Transplantation
- 2017 Contract Development in a Matching Market: The Case of Kidney Exchange
- 2016 Diversity and Talent at the Top: Lessons from the Boardroom
- 2016 Lessons from Law About Incomplete Commodification in the Egg Market
- 2015 The Volcker Rule: A Brief Political History
- 2015 Markets, Morals, and Limits in the Exchange of Human Eggs
- 2014 A Primer on Kidney Transplantation: Anatomy of the Shortage
- 2014 Reverse Transplant Tourism
- 2014 Foreword: Organs and Inducements
- 2014 Egg-Donor Price Fixing and Kamakahi v. American Society for Reproductive Medicine
- 2014 A Difficult Conversation: Corporate Directors on Race and Gender
- 2013 Agency Lobbying and Financial Reform: A Volcker Rule Case Study
- 2013 The Danger of Difference: Tensions in Directors’ Views of Corporate Board Diversity
- 2013 Don’t “Screw Joe the Plummer”: The Sausage-Making of Financial Reform
- 2012 Custom, Contract, and Kidney Exchange
- 2011 Dangerous Categories: Narratives of Corporate Board Diversity
- 2011 Does Critical Mass Matter? Views from the Boardroom
- 2011 The Dark Side of Commodification Objections: Politics and Elitism in Standardized Testing
- 2011 For Love or Money: Defining Relationships in Law and Life
- 2011 Narratives of Diversity in the Corporate Boardroom: What Corporate Insiders Say About Why Diversity Matters
- 2010 A Woman’s Worth
- 2010 Price and Pretense in the Baby Market
- 2009 Sunny Samaritans and Egomaniacs: Price-Fixing in the Gamete Market
- 2009 Introduction: Show Me the Money: Making Markets in Forbidden Exchange
- 2009 Why We Should Ignore the “Octomom”
- 2009 The Return of the Rogue
- 2009 Altruism and Intermediation in the Market for Babies
- 2009 Operational Risk Management: An Emergent Industry
- 2008 Signaling Through Board Diversity: Is Anyone Listening?
- 2006 Incomplete Contracts in a Complete Contract World
- 2005 Common Law Disclosure Duties and the Sin of Omission: Testing the Meta-Theories
- 2005 Organizational Form as Status and Signal
- 2005 The Economics of Limited Liability: An Empirical Study of New York Law Firms
- 2005 Organizational Misconduct: Beyond the Principal-Agent Model
- 2004 The Penalty Default Canon
- 2003 Cosmetic Compliance and the Failure of Negotiated Governance
- 2001 Fairness, Efficiency, and Insider Trading: Deconstructing the Coin of the Realm in the Information Age
- 2001 Foreword, The Regulation of Derivatives and Other Complex Financial Products
- 2001 Privatizing “Outsider Trading”
- 2001 Derivatives on TV: A Tale of Two Derivatives Debacles in Prime Time
- 2000 Accounting for Greed: Unraveling the “Rogue Trader” Mystery
- 2000 SEC Promulgates New Insider Trading Rules
- 2000 Building the Basic Course Around Intra-Firm Relations
- 1998 Derivatives, Corporate Hedging and Shareholder Wealth: Modigliani-Miller Forty Years Later
- 1998 Don’t Ask, Just Tell: Insider Trading After United States v. O’Hagan
- 1997 More Than Just New Financial Bingo: A Risk-Based Approach to Understanding Derivatives
- 1997 Fiduciaries, Misappropriators and the Murky Outlines of the Den of Thieves: A Conceptual Continuum for Analyzing United States v. O’Hagan
- 1997 Corporate Debt Restructurings in Mexico: For Foreign Creditors, Insolvency Law Is Only Half the Story
- 1996 Gustafson v. Alloyd Co.: The Wrong Decision, But It Is Still Business as Usual in the Securities Markets
- 1991 Electronic Surveillance
Shorter Academic Commentaries
- 2020 Global Kidney Exchange Should Expand Wisely
- 2017 Global Kidney Exchange: Financially Incompatible Pairs Are Not Transplantable Compatible Pairs
- 2017 People Should Not Be Banned from Transplantation Only Because of Their Country of Origin
- 2016 Is Informed Consent Enough?