Publications

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Publications

PUBLICATIONS

Measurement Error, Legalized Abortion, and the Decline in Crime: A Response to Foote and Goetz (with Stephen D. Levitt).

The Impact of Legal Abortion on Crime: Comment, (with Christopher L. Foote and Christopher F. Goetz), April 13, 2007.

Estimating the Impact of the Death Penalty on Murder (Preliminary Draft), (with Justin Wolfers), (September 2007).

The Death Penalty:  No Evidence of Deterrence,” The Economists’ Voice, BE Press (with Justin Wolfers) (April 2006), .

The Law and Economics of Antidiscrimination Law,” A. M. Polinsky and Steven Shavell, eds., Handbook of Law and Economics, forthcoming 2006.

“The Costs of Wrongful-Discharge Laws,” Review of Economics and Statistics (with David Autor and Stewart Schwab)(forthcoming, 2006).

“Security, Democracy, and Restraint,” 1 Opening Argument 4 (February 2006).

“Uses and Abuses of Empirical Evidence in the Death Penalty Debate,” 58 Stanford Law Review 791 (2006)(with Justin Wolfers),.

“The Impact of Damage Caps on Malpractice Claims:  Randomization Inference with Difference-in-Differences,” (with Daniel Ho), 2006.

“Does Terrorism Increase Crime?  A Cautionary Tale,” (with Daniel Ho), 2005.

“The Evolution of Employment Discrimination Law in the 1990s:  A Preliminary Empirical Evaluation” (with Peter Siegelman), in Laura Beth Nielsen and Robert L. Nelson, eds., Handbook of Employment Discrimination Research (2005).

"Employment Discrimination:  Law and Theory,” Foundation Press, 2005 (with George Rutherglen).

 “Fighting Crime:  An Economist’s View,” 7 The Milken Institute Review 46 (2005).
      -- Reprinted in Kurt Finsterbusch, ed., Social Problems (McGraw-Hill, 2006). 

“Does Greater Managerial Freedom to Sacrifice Profits Lead to Higher Social Welfare?” In Bruce Hay, Robert Stavins, and Richard Vietor, eds., Environmental Protection and the Social Responsibility of Firms:  Perspectives from Law, Economics, and Business (2005).

 “Guns, Crime, and the Impact of State Right-to-Carry Laws,” 73 Fordham Law Review 623 (2004).

"Clinton and Bush's Report Cards on Crime Reduction: The Data Show Bush Policies Are Undermining Clinton Gains", The Economists' Voice: Vol. 1: No. 1, Article 4. 2004,

“The Employment Consequences of Wrongful-Discharge Laws:  Large, Small, or None at All?” American Economic Review:  Papers and Proceedings May, 2004 (with David Autor and Stewart Schwab).

 “Further Evidence that Legalized Abortion Lowered Crime:  A Reply To Joyce,” 39 Journal of Human Resources 29 (Winter 2004)(with Steven Levitt).

“The Final Bullet in the Body of the More Guns, Less Crime Hypothesis,” Criminology & Public Policy (July 2003, Volume 2, Issue 3) at pp. 397-410.
 
“Shooting Down the ‘More Guns, Less Crime’ Hypothesis,” 55 Stanford Law Review 1193 (2003)(with Ian Ayres).

“The Latest Misfires in Support of the ‘More Guns, Less Crime’ Hypothesis,” 55 Stanford Law Review 1371 (2003)(with Ian Ayres).

Foundations of Employment Discrimination Law, Foundation Press, 2d edition (2003).

“Can Guns, Or Gun Violence, Be Controlled?” (Reviewing James Jacobs, Can Gun Control Work?), The American Prospect (December 16, 2002), p. 35.

“Divining the Impact of Concealed Carry Laws,” in Jens Ludwig and Philip Cook, Evaluating Gun Policy:  Effects on Crime and Violence (Washington D.C.:  Brookings, 2003).

“The Search for Truth:  In Appreciation of James J. Heckman,” 27 Law and Social Inquiry 23 (2002).

"The Schooling of Southern Blacks:  The Roles of Social Activism and Private Philanthropy, 1910-1960," Quarterly Journal of Economics (Feb. 2002), (with James Heckman and Petra Todd), pp. 225 – 268.

“The Impact of Race on Policing and Arrests,” Journal of Law and Economics, vol. XLIV October 2001)(with Steven Levitt), pp. 367 – 394.

“The Impact of Legalized Abortion on Crime,” Quarterly Journal of Economics (Vol. CXVI, Issue 2, May 2001)(with Steven Levitt) pp. 379-420.

“Understanding the Reasons for and Impact of Legislatively Mandated Benefits for Selected Workers,” 53 Stanford Law Review 897 (2001).
- Reprinted in Michael Zimmer, Charles Sullivan et al, Cases and Materials on Employment Discrimination (6th edition)(2003).

“Nondiscretionary Concealed Weapons Law:  A Case Study of Statistics, Standards of Proof, and Public Policy,” 1 American Law and Economics Review 436 (1999)(with Ian Ayres).

 “Why We Should Discount the Views of Those Who Discount Discounting,” 108 Yale Law Journal 1901 (1999).

“Understanding The Time Path of Crime,” 88 Journal of Criminal Law and Criminology 1423 (1998). 

"Discrimination in Employment," The New Palgrave Dictionary of Law and Economics (1998).
- Excerpted in Lynne Dallas, Law and Public Policy:  A Socio-Economic Approach (forthcoming 2003).

“The Legal Response to Discrimination:  Does Law Matter?” in Bryant Garth, Austin Sarat, eds., How Does Law Matter? Pp. 45 – 75 (Northwestern University Press, 1998).

“Some Thoughts on Law and Economics and the Theory of the Second Best,” 73 Chicago-Kent Law Review 257 (1998).

“Allocating Resources Among Prisons and Social Programs In the Battle Against Crime,” 27 Journal of Legal Studies 1 (1998) (with Peter Siegelman).
 
“Guns, Violence, and the Efficiency of Illegal Markets,” 88 American Economic Review 463 (May 1998)(with Steve Levitt).

 “Did Miranda Diminish Police Effectiveness?” 50 Stanford Law Review 1147 (1998).

“Some Thoughts on Affirmative Action,” 75 Washington University Law Quarterly 1590 (1997).

“Executive Compensation,” 3 Stanford Journal of Law, Business & Finance 1 (1997).

"Some Perspective on Crime and Criminal Justice Policy," Lawrence Friedman and George Fisher, eds., The Crime Conundrum:  Essays on Criminal Justice  45 (1997).

Foundations of Employment Discrimination Law, Oxford University Press (1997).
 

"The Selection of Employment Discrimination Disputes for Litigation:  Using Business Cycle Effects to Test the Priest/Klein Hypothesis," 24 Journal of Legal Studies 427 (1995) (with Peter Siegelman).

"Employment Discrimination Law in Perspective:  Three Concepts of Equality," 92 Michigan Law Review 2583 (1994).
- Reprinted in Frank Ravitch, Janis McDonald, and Pamela Sumners, Employment Discrimination Law (2004).

"The Effects of Joint and Several Liability on Settlement Rates:  Mathematical Symmetries and Meta-Issues in the Analysis of Rational Litigant Behavior," 23 Journal of Legal Studies 543 (1994).

"Liberal Law and Economics," (reviewing Rethinking the Progressive Agenda by Susan Rose-Ackerman), 13 Journal of Policy Analysis and Management 192 (1994).

Review of Richard Epstein's Forbidden Grounds:  The Case Against Employment Discrimination Laws, 31 Journal of Economic Literature 1477 (1994).

"Law and Macroeconomics:  Employment Discrimination Over the Business Cycle," 66 University of S. Calif. L. Rev. 709 (1993) (with Peter Siegelman).

"Advocacy Versus Analysis In Assessing Employment Discrimination Law," 44 Stanford Law Review 1583 (1992).
- Reprinted in Christopher McCrudden, Anti-Discrimination Law (2003).

"The Changing Nature of Employment Discrimination Litigation," 43 Stanford Law Review 983 (1991) (with Peter Siegelman).

"The Effects of Fee Shifting on the Settlement Rate: Theoretical Observations on Costs, Conflicts, and Contingency Fees," 54 Law and Contemporary Problems 195 (1991).

"Re-Evaluating Federal Civil Rights Policy," 79 Georgetown Law Journal 1713 (1991) (with James Heckman).

"Opting for the British Rule; Or, If Posner and Shavell Can't Remember the Coase Theorem, Who Will?" 104 Harvard Law Review 1093 (1991).
- Reprinted in Saul Levmore, Foundations of Tort Law 160 (1994).


"Continuous versus Episodic Change:  The Impact of Civil Rights Policy on the Economic Status of Blacks," 29 Journal of Economic Literature 1603 (December 1991) (with James Heckman).
- Reprinted in Paul Burstein, ed., Equal Employment Opportunity, Aldine De Gruyter, New York (1994).

"The Impact of Federal Civil Rights Policy on the Economic Status of Blacks," 14 Harvard Journal of Law and Public Policy 41 (1991).

"Studying the Iceberg From Its Tip:  A Comparison of Published and Unpublished Employment Discrimination Cases," 24 Law and Society Review 1133 (1990) (with Peter Siegelman).

"Prohibiting Sex Discrimination in the Workplace:  An Economic Perspective," 56 University of Chicago Law Review 1337 (1989).

"The Law & Economics of Tort Law:  The Profound Revolution," 102 Harvard Law Review 1047 (1989).

"Using Market Incentives to Promote Auto Occupant Safety," 7 Yale Law and Policy Review 449 (1989).

"Diverting the Coasean River:  Incentive Schemes to Reduce Unemployment Spells," 99 Yale Law Journal 549 (1989).
--Winner of the 1989 Scholarly Paper Competition, Association of American Law Schools.

"Reply to Professors Ellickson and Stigler," 99 Yale Law Journal 635 (1989).

"Law and Economics:  The Road Not Taken," 22 Law and Society Review 903 (1988).

"Further Thoughts on Employment Discrimination Legislation:  A Reply to Judge Posner," 136 U. Pa. L. Rev. 523 (1987).

"Judge Bork, Anti-Trust Law, and the Bending of 'Original Intent'," Chicago Tribune, sec.1, pg. 15, July 22, 1987.

"Posner's Third Symphony:  Thinking about the Unthinkable," 39 Stanford Law Review 791 (1987)(with Ian Ayres).

"Determinants of Job Turnover of Young Men and Women in the U.S.--A Hazard Rate Analysis," in Schultz, T.P., ed., Research in Population Economics, vol.6, Greenwich, Conn.:  JAI Press (1987).

"A Comparison of Male-Female Hazard Rates of Young Workers, 1968-1971," Working Paper #48, Center for Studies in Law, Economics and Public Policy; Yale Law School (1986).

"Hazard Rates of Young Male and Female Workers--Recent Developments," Working Paper #51, Center for Studies in Law, Economics and Public Policy; Yale Law School (1986).

"Is Title VII Efficient?" 134 U. Pa. L. Rev. 1411 (1986).
- Reprinted in Paul Burstein, ed., Equal Employment Opportunity, Aldine De  Gruyter, New York (1994).

"Section I Cases," Sherman's Summations, Vol.3, No.2, Sherman Act Committee of the A.B.A. Antitrust Section, Fall, 1982, at 49.

"An Evaluation of the Constitutionality of S. 114, The Proposed Federal Death Penalty Statute," Hearings before the U.S. Senate Judiciary Committee, April 27, 1981, at 151.

"Godfrey v. Georgia:  Creative Federalism, the Eighth Amendment, and the Evolving Law of Death," 30 Catholic University Law Review 13 (1980).

"Criminal Code Revision--Contempt of Court and Related Offenses," Hearings before the Subcommittee on Criminal Justice of the House Judiciary Committee, July 18, 1979, at 1087.