Scholarly Publications
Books
Editor, UNPROFITABLE SCHOOLING: EXAMINING CAUSES OF, AND FIXES FOR, AMERICA’S BROKEN IVORY TOWER (with Neal McCluskey) (Cato Press, 2019) (Amazon.com).
LAW AND ECONOMICS: PRIVATE AND PUBLIC (with Maxwell L. Stearns and Thomas J. Micelli) (West, 2018) (Amazon.com,Westlaw).
TEACHER’S MANUAL TO LAW AND ECONOMICS: PUBLIC AND PRIVATE (with Maxwell L. Stearns and Thomas J. Miceli) (West, 2018).
Editor, RESEARCH HANDBOOK ON AUSTRIAN LAW AND ECONOMICS (with Peter J. Boettke), (Edward Elgar, 2017) (Amazon.com, Edward Elgar).
CONSUMER CREDIT AND THE AMERICAN ECONOMY (with Thomas Durkin, Gregory Elliehausen, and Michael Staten), (Oxford University Press, 2014) (Amazon.com).
- Reviewed by John Berlau, The Surprising Economics of Consumer Credit, LAW AND LIBERTY (Dec. 5, 2014), available here.
PUBLIC CHOICE CONCEPTS AND APPLICATIONS IN LAW (with Maxwell Stearns), (West Publishing, 2009).
- Reviewed by D. Daniel Sokol, Explaining the Importance of Public Choice for Law, 109 MICHIGAN LAW REVIEW 1029 (2011), available here.
TEACHERS MANUAL TO PUBLIC CHOICE CONCEPTS AND APPLICATIONS IN LAW (with Maxwell Stearns), (West Publishing, 2009).
Editor, The Rule of Law, Freedom, and Prosperity, 10 SUPREME COURT ECONOMIC REVIEW
(Chicago: University of Chicago Press, 2003. 278 pp. ISBN: 0-226-99962-9), purchase here.
- Reviewed by William A. Fischel, 14(6) LAW AND POLITICS BOOK REVIEW 493-97 (June 2004), available here.
Articles and Book Chapters
The Law and Political Economy Project: A Critical Analysis (forthcoming 2024).
Consumer Privacy, Informaiton Sharing, and Consumer Finance: Tradeoffs and Opportunities (forthcoming 2024).
Looking Forward by Looking Backward: The Future of Consumer Finance and Financial Protection (forthcoming 2024).
Comments at The Future of Startup Finance: A Symposium on Investment Crowdfunding, __ COLORADO J. OF L. & TECH. (forthcoming 2024).
Posner Meets Hayek: The Elements of an Austrian Law & Economics Research Program, __ASIAN JOURNAL OF LAW AND ECONOMICS __ (forthcoming 2024), working paper available here.
The SEC’s Misguided Climate Disclosure Rule (with Lawrence A. Cunningham, et al.), 41 BANKING AND FINANCIAL SERVICES POLICY REPORT 1 (2022), available here.
Restoring the Rule of Law in Finance, HERITAGE FOUNDATION FIRST PRINCIPLES No. 92 (June 1, 2023), available here.
Junkyard Dogs: The Law and Economics of “Junk” Fees (with Howard Beales), CPI ANTITRUST CHRONICLE 1 (April 2023), available here.
Bankruptcy Clause, in HERITAGE GUIDE TO THE CONSTITUTION (3d ed., forthcoming 2023).
Federal Coinage Clause, in HERITAGE GUIDE TO THE CONSTITUTION (3d ed., forthcoming 2023).
State Coinage Clause, in HERITAGE GUIDE TO THE CONSTITUTION (3d ed., forthcoming 2023).
Vacancies in the Senate, in HERITAGE GUIDE TO THE CONSTITUTION (3d ed., forthcoming 2023).
Public Choice and Tort Reform (with Jeremy Kidd), in MATERIALS ON TORT REFORM 39 (Andrew F. Popper, ed. 3d ed., forthcoming 2023).
Regulating Routing in Payment Card Networks (with Julian Morris), ICLE White Paper 2022-No. 2022-08-17 (Aug. 2022), available here.
Bankruptcy as Filtering Failure: Evidence of Filtering Failure in the U.S. Bankruptcy Process (with Rutger Van Bergem and Jeffrey Jenkins) (Feb. 12, 2022), working paper available here.
The Effects of Price Controls on Payment-Card Interchange Fees: A Review and Update (with Julian Morris and Geoffrey A. Manne), International Center for Law & Economics (Mar. 4, 2022), available here.
A Government Credit-Rating Monopoly?, 45 Regulation 22 (Spring 2022).
Credit Cards and the Reverse Robin Hood Fallacy: Do Credit Card Rewards Really Steal from the Poor and Give to the Rich (with Ben Sperry and Julian Morriss), 41(3) BANKING AND FINANCIAL SERVICES POLICY REPORT 1-18 (2022), available here.
Regulatory Robustness, working paper available here.
The Effects on Consumers from Two State-Level Regulations of the Payday Loan Market (with Thomas Miller), working paper available here.
The Difficult Path to State Bankruptcy (with Veronique de Rugy), Mercatus COVID-19 Response Policy Brief Series (Sept. 2020), available here.
Extending the Culture Wars, 44(3) REGULATION 40 (Fall 2021) (review of Stephen Soukup, The Dictatorship of Woke Capital), available here.
Simple Rules for a Complex Regulatory World: The Case of Financial Regulation (with Christopher Mufarrige), 52 EUROPEAN JOURNAL OF LAW & ECONOMICS 285 (2021), working paper available here.
Bruce Yandle and the Art of Economic Communication , in THE LEGACY OF BRUCE YANDLE 67-98 (Donald J. Boudreaux and Roger Meiners, eds., 2020), available here.
The Chrysler and General Motors Bankruptcies, in RESEARCH HANDBOOK ON CHAPTER 11 REORGANIZATION 298 (Barry Adler, ed., 2020), available here.
Friedrich A. Hayek (with Edward Peter Stringham), in ENCYCLOPEDIA OF LAW & ECONOMICS (Alain Marciano and Giovanni Battista Ramello, eds.) (2019), available here.
A Chip Off the Old Block or a New Direction for Payment Card Security? The Law and Economics of the U.S. Transition to EMV(with James Cooper), 2018 MICH. ST. L. REV. 869 (2018), available here.
The Behavioral Economics of Behavioral Law & Economics, 5(3-4) JOURNAL OF BEHAVIORAL ECONOMICS 439-472 (2018), available here.
The Changing of the Guard: The Political Economy of Administrative Bloat in Higher Education (with Christopher Koopman), in UNPROFITABLE SCHOOLING: EXAMINING CAUSES OF, AND FIXES FOR, AMERICA’S BROKEN IVORY TOWER 147-172 (Todd J. Zywicki and Neal McCluskey, eds., 2019), working paper available here.
Introduction (with Neal McCluskey), in UNPROFITABLE SCHOOLING: EXAMINING CAUSES OF, AND FIXES FOR, AMERICA’S BROKEN IVORY TOWER 1-9 (Todd J. Zywicki and Neal McCluskey, eds., 2019).
Law and Economics: The Contributions of the Austrian School of Economics (with Peter J. Boettke), in RESEARCH HANDBOOK ON AUSTRIAN LAW AND ECONOMICS 3 (Todd J. Zywicki and Peter J. Boettke, eds., 2017), available here.
Austrian Law and Economics and Efficiency in the Common Law, in RESEARCH HANDBOOK ON AUSTRIAN LAW AND ECONOMICS 192 (Todd J. Zywicki and Peter J. Boettke, eds. 2017), available here.
Bankruptcy Judge as Central Planner(with Shruti Rajagopalan), in RESEARCH HANDBOOK ON AUSTRIAN LAW AND ECONOMICS 371 (Todd J. Zywicki and Peter J. Boettke, eds., 2017), available here.
Conclusion: The Future of “Austrian” Law and Economics(with Peter J. Boettke), in RESEARCH HANDBOOK ON AUSTRIAN LAW AND ECONOMICS 423 (Todd J. Zywicki and Peter J. Boettke, eds., 2017).
Behavioral Law & Economics Goes to Court: The Fundamental Flaws in the Behavioral Law 7 Economics Arguments Against No-Surcharge Laws (with Geoffrey A. Manne and Kristian Stout), 82 MISSOURI L. REV. 770 (2017) (Symposium on behavioral law & economics), available here.
Punishing Rewards: How Clamping Down on Credit Card Interchange Fees Can Hurt the Middle Class (with Julian Morris, Geoffrey A. Manne, and Ian Lee), Macdonald-Laurier Institute (Nov. 2017), available here.
Unreasonable and Disproportionate: How the Durbin Amendment Harms Poorer Americans and Small Businesses (with Geoffrey A. Manne and Julian Morris), International Center for Law & Economics Working Paper (April 25, 2017), available here.
How Congress Should Protect Consumers’ Finances(with Alden Abbott), in PROSPERITY UNLEASHED 287-294 (Feb. 2017), available here.
The Dodd-Frank Act Five Years Later: Are We More Stable?, 43 CAPCO INST. J. OF FINANCIAL TRANSFORMATION 58 (2016), available here.
Nudging in an Evolving Marketplace: How Markets Improve Their Own Choice Architecture (with Adam C. Smith), in NUDGE THEORY IN ACTION: BEHAVIORAL DESIGN IN POLICY AND MARKETS 225-250 (2016).
Do Americans Really Save Too Little and Should We Nudge Them To Save More? The Ethics of Nudging Retirement Savings, 16 GEORGETOWN J. OF LAW & PUBLIC POLICY 877 (2016), available here.
The Law and Economics of Consumer Debt Collection and Its Regulation, 28 LOYOLA CONSUMER L. J. 167 (2016), working paper available here.
The CFPB’s Arbitration Study: A Summary and Critique (with Jason Johnston), 35(5) BANKING AND FINANCIAL SERVICES POLICY REPORT 9 (May 2016), working paper available here.
Market-Reinforcing versus Market-Replacing Consumer Finance Regulation, in REFRAMING FINANCIAL MARKET REGULATION: ENHANCING STABILITY AND PROTECTING CONSUMERS 319 (Hester Peirce and Benjamin Klutsey eds. 2016) (Chapter 12), available here.
Market Based Nudges: How Financial Markets Improve Their Own Choice Architecture, in NUDGE THEORY IN ACTION: BEHAVIORAL DESIGN IN POLICY AND MARKETS (Sherzod Abdukadirov, ed. 2016), available here.
The Rule of Law During Times of Economic Crisis, in ECONOMIC AND POLITICAL CHANGE AFTER CRISIS: PROSPECTS FOR GOVERNMENT, LIBERTY, AND THE RULE OF LAW (Stephen H. Balch and Ben Powell, eds. 2016), working paper available here.
Rent-Seeking, Crony Capitalism, and the Crony Constitution, 23 SUPREME COURT ECON. REV. 77 (2016), available
here.
Dodd-Frank at Five Years: Implications for Consumers and the Economy, 34(11) BANKING AND FINANCIAL SERVICES POLICY REPORT 1 (Nov. 2015), available here.
The Consumer Financial Protection Bureau and the Return of Paternalistic Command-and-Control Regulation, 16(2) ENGAGE 48 (July 2015), available here.
Consumer Credit and the American Economy: An Overview (with Thomas A. Durkin and Gregory Elliehausen), 11 J. L. ECON & POL’Y 279 (2015), available here.
Hayek’s Jurisprudence: And Ratnapala’s Hayek, 33(2) UNIVERSITY OF QUEENSLAND LAW JOURNAL 311 (2015), available here.
Bruno Leoni’s Legacy and Continued Relevance, 30(1) J. PRIVATE ENTERPRISE 131-41 (2015), available here.
Behavior, Paternalism, and Policy: Evaluating Consumer Financial Protection (with Adam C. Smith), 9 NYU J. L. & LIBERTY 201 (2015), available here.
An Assessment of Behavioral Law and Economics Contentions and What We Know Empirically About Credit Card Use by Consumers (with Thomas A. Durkin and Gregory Elliehausen), 22 SUPREME COURT ECON. REV. 1 (2014), available here.
Commentary on CFPB Report: Data Point: Checking Account Overdraft (with G. Michael Flores), available here.
Price Controls on Payment Card Interchange Fees: The U.S. Experience (with Geoffrey Manne and Julian Morris), ICLE Financial Regulatory Research Program White Paper 2014-2 (2014), available here.
Keynote Address: Is There a George Mason School of Law and Economics? 10 J. LAW, ECONOMICS & POLICY 543 (2014), available here.
Uncertainty, Evolution, and Behavioral Economic Theory (with Geoffrey Manne), 10 J. LAW, ECONOMICS & POLICY 555 (2014), available here.
Overdraft Protection and Consumer Protection: A Critique of the CFPB’s Analysis of Overdraft Programs (with G. Michael Flores and Brian M. Deignan), 33(3) BANKING AND FINANCIAL SERVICES POLICY REPORT 10 (March 2014).
The Consumer Financial Protection Bureau, in PERSPECTIVES ON DODD-FRANK AND FINANCE (2014, MIT Press).
The Behavioral Law and Economics of Fixed-Rate Mortgages (And Other Just-So Stories), 21 SUPREME COURT ECON. REV. 157 (2014), working paper available here.
Payday Lending, Bank Overdraft Protection, and Fair Competition at the Consumer Financial Protection Bureau (with Robert L. Clarke), 33 REV. OF BANKING AND FINANCIAL LAW 235 (2013-2014), available here.
Commentary: CFPB Study of Overdraft Programs (with G. Michael Flores), MERCATUS RESEARCH (Nov. 4, 2013), available here.
Credit Where It’s Due: How Payment Cards Benefit Canadian Merchants and Consumers, andHow Regulation Can Harm Them (with Ian Lee, Geoffrey A. Manne, and Julian Morris), MacDonald-Laurier Institute (Oct. 2013), available here.
The Economics and Regulation of Network Branded Prepaid Cards, 65 FLORIDA L. REV. 1477 (2013), available here.
The Consumer Financial Protection Bureau: Savior or Menace?, 81 GEORGE WASHINGTON L. REV. 856 (2013), available here.
Libertarianism, Law and Economics, and The Common Law, 16 CHAPMAN L. REV. 309 (2013) (symposium on “Libertarian Legal Theory”), available here.
Network Branded Prepaid Cards: The Economics and Regulation of an Evolving Financial Sector (with Ian C. Robinson), 32(2) BANKING AND FINANCIAL SERVICES POLICY REPORT 1 (Feb. 2013).
The Bankruptcy Clause, in THE HERITAGE GUIDE TO THE CONSTITUTION 112 (2d ed. 2013), available here.
The Coinage Clause, in THE HERITAGE GUIDE TO THE CONSTITUTION 114 (2d ed. 2013), available here.
Senate Vacancies, in THE HERITAGE GUIDE TO THE CONSTITUTION 415 (2d ed. 2013), available here.
Auto Bailout or UAW Bailout? Taxpayer Losses Came from Subsidizing Union Compensation (with James Sherk), HERITAGE FOUNDATION BACKGROUNDER #2700 (June 13, 2012), available here.
The Senate and Hyper-Partisanship: Would the Constitution Look Different if the Framers Had Known that Senators Would be Elected in Partisan Elections? 10 GEORGETOWN J. L. & PUBLIC POLICY 375 (2012), available here.
The Economics and Regulation of Bank Overdraft Protection, 69 WASHINGTON & LEE L. REV. 1141 (2012), available here.
Economic Uncertainty, The Courts, and The Rule of Law, 35 HARVARD JOURNAL OF LAW & PUBLIC POLICY 195 (2012), available here.
Debit, Credit, and Cell: Making Canada A Leader in The Way We Pay (with Philippe Bergevin), C.D. Howe Institute Commentary No. 353 (June 2012), available here.
The Balancing of Markets, Litigation, and Regulation, 7 JOURNAL OF LAW, ECONOMICS, AND POLICY 351 (2010), available here.
Perspectives on Dodd-Frank Wall Street Reform and Consumer Protection Act, 7 JOURNAL OF LAW, ECONOMICS, AND POLICY 307 (2010), available here.
Protecting the Public Health: Litigation and Obesity, 7 JOURNAL OF LAW, ECONOMICS, AND POLICY 259 (2010), available here.
The Auto Bailout and the Rule of Law, NATIONAL AFFAIRS, Issue 7, p. 66 (Spring 2011), available here.
Does Increased Litigation Increase Justice in a Second-Best World? (with Jeremy Kidd), in THE AMERICAN ILLNESS (Frank Buckley, ed., 2011, Yale University Press), working paper available here.
Hayekian Anarchism (with Edward Peter Stringham), 78 JOURNAL OF ECONOMIC BEHAVIOR AND ORGANIZATION 290 (2011), working paper available here. (Named winner of 2012 Society for the Development of Austrian Economics Prize for Best Article in Austrian Economics).
Rivalry and Superior Dispatch: An Analysis of Competing Courts in Medieval and Early Modern England (with Edward Peter Stringham), 147 PUBLIC CHOICE 497 (2011), working paper available here.
Common Law and Economic Efficiency (with Edward Peter Stringham), in 7 ENCYCLOPEDIA OF LAW AND ECONOMICS (Second Edition), (Franceso Parisi ed., 2012), working paper available here.
The Way We Should Pay–Comments on “The Way We Pay: Transforming The Canadian Payments System, C.D. Howe Institute & International Center for Law & Economics (2011), available here.
The Economics of Payment Card Interchange Fees and the Limits of Regulation, ICLE FINANCIAL REGULATORY PROGRAM WHITE PAPER SERIES (June 2, 2010), available here.
Expansion of Liability Under Public Nuisance (with Henry N. Butler), 18 SUPREME COURT ECONOMIC REVIEW 1 (2010).
Money To Go, 33(2) REGULATION 32 (2010), available here.
Subprime Mortgages: What We Have Learned From a New Class of Homeowners (with Satya Thallam), in LESSONS FROM THE FINANCIAL CRISIS: CAUSES, CONSEQUENCES, AND OUR ECONOMIC FUTURE 181 (2010).
Anna Nicole Smith Goes Shopping: The New Forum Shopping Problem in Bankruptcy, 2010 UTAH LAW REVIEW 511 (2010), available here.
Consumer Use and Government Regulation of Title Pledge Lending, 22 LOYOLA CONSUMER LAW REVIEW 425 (2010), available here.
Three Problematic Truths About the Consumer Financial Protection Agency Act of 2009 (with Joshua D. Wright), 1 LOMBARD STREET, No. 12 (2009), available here.
The Market for Information and Credit Card Regulation, 28(1) BANKING AND FINANCIAL SERVICE POLICY REPORT 13 (2009), available here.
The Law and Economics of Subprime Lending (with Joseph Adamson), 80 UNIVERSITY OF COLORADO L. REV. 1 (2009), available here.
The Case Against New Restrictions on Payday Lending, Mercatus Center Working Paper 09-28 (July 2009), available here.
Spontaneous Order and the Common Law: Gordon Tullock’s Critique, 135 PUBLIC CHOICE 35-53 (2008), available here (longer working paper available here).
Posner, Hayek and The Economic Analysis of Law (with Anthony B. Sanders), 93 IOWA L. REV. 559 (2008), working paper available here.
Institutional Review Boards as Academic Bureaucracies: An Economic and Experiential Analysis, 101 NORTHWESTERN L. REV. 861 (2007), vailable here.
Bankruptcy, in THE CONCISE ENCYCLOPEDIA OF ECONOMICS (2d ed., David Henderson ed., 2007), available here.
Consumer Bankruptcy, Doctrinal Issues in, in ENCYCLOPEDIA OF LAW AND SOCIETY: AMERICAN AND GLOBAL PERSPECTIVES (David S. Clark ed., 2007), available here.
Evolutionary Psychology, in ENCYCLOPEDIA OF LAW AND SOCIETY: AMERICAN AND GLOBAL PERSPECTIVES (David S. Clark ed., 2007), available here.
Cultural Group Selection, in INTERNATIONAL ENCYCLOPEDIA OF THE SOCIAL SCIENCES, 2ND EDITION (2007).
Is Forum-Shopping Corrupting America’s Bankruptcy Courts?, 94 GEORGETOWN L. J. 1141 (2006), available
here (Review essay of Lynn M. LoPucki, Courting Failure: How Competition for Big Cases is Corrupting the Bankruptcy Courts).
Institutions, Incentives, and Consumer Bankruptcy Reform, 62 WASHINGTON & LEE L. REV. 1071 (2005), available here.
An Economic Analysis of the Consumer Bankruptcy Crisis, 99 Northwestern L. Rev. 1463 (2005), available here.
Wine, Commerce, and the Constitution (with Asheesh Agarwal), 1 NYU J. LAW & LIBERTY 609 (2005), available here.
The Original Meaning of the 21st Amendment (with Asheesh Agarwal), 8 GREEN BAG 2d 135 (2005), available here.
Wine Wars: Uncorking E-Commerce? (with Asheesh Agarwal and Jerry Ellig, 27(4) REGULATION 10 (Winter 2004-2005), available on-line here.
Obesity and Advertising Policy (with Debra Holt and Maureen Ohlhausen), 12 GEORGE MASON L. REV. 979 (2004) (Symposium on Obesity, Health Claims, and Advertising), available here.
The Theory and Practice of Competition Advocacy at the FTC(with James Cooper and Paul Pautler), 72 Antitrust L.J. 1091 (2005) (Symposium on 90th Anniversary of FTC), available here.
The FTC and State Action: Evolving Views on the Proper Role of Government (with John T. Delacourt), 72 ANTITRUST L.J. 1075 (2005) (Symposium on 90th Anniversary of FTC), available here.
El Estado De Derecho, La Libertad y La Prosperidad, 4(2) Apuntes de Economia y Politica: Analisis Economico de las Decisiones Publicas 2 (2005), available on-line here.
The Bankruptcy Clause, in THE HERITAGE GUIDE TO THE CONSTITUTION 112 (2005).
The Coinage Clause, in THE HERITAGE GUIDE TO THE CONSTITUTION 114 (2005).
Senate Vacancies,in THE HERITAGE GUIDE TO THE CONSTITUTION 415 (2005).
Reconciling Group Selection and Methodological Individualism, 7 ADVANCES IN AUSTRIAN ECONOMICS 267 (2004), available here.
The Past, Present, and Future of Bankruptcy Law in America, 101 Michigan L. Rev. 2016 (2003), available here.
The Rise and Fall of Efficiency in the Common Law: A Supply-Side Analysis, 97 Northwestern L. Rev. 1551 (2003), available here, reprinted in THE EVOLUTION OF EFFICIENT COMMON LAW (Paul H. Rubin ed., 2007).
The Rule of Law, Freedom, and Prosperity, 10 Supreme Court Economic Review 1 (2003), available here.
Competition Policy and Regulatory Reforms: Means and Ends, in How Should Competition Policy Transform Itself? Designing the New Competition Policy (2003), also available at CPRC Discussion Paper Series, Fair Trade Commission of Japan Competition Policy Research Center (2003), available on-line here.
Baptists? The Political Economy of Environmental Interest Groups, 53 Case Western Reserve Law Review 315 (2002) (symposium on Bjorn Lomborg, The Skeptical Environmentalist: Measuring the Real State of the World (2001)), available here.
Corporate Law Practice, in The Oxford Companion to American Law (Kermit Hall ed., 2002).
Bankruptcy Law As Social Legislation, 5 Tex. Rev. L. & Politics 393 (2001), available here.
The Law of Presidential Transitions and the 2000 Election, 2001 BYU L. Rev. 1573 (2001), available here.
Evolutionary Psychology and the Social Sciences, 13 Humane Studies Review, Issue 1 (Fall 2000), On-Line Journal available here.
With Apologies to Screwtape: A Response to Professor Alexander, 9 J. Bankr. L. & Practice 613 (2000).
Book Review Essay, Bruce G. Carruthers & Terence C. Halliday, Rescuing Business: The Making of Corporate Bankruptcy Law in England and the United States, 16 Bankr. Dev. J. 361 (2000), available here.
The Economics of Credit Cards 3 Chapman L. Rev. 79 (2000) (Selected to participate in Chapman Law School “Rising Stars in Bankruptcy” symposium), available here.
Talk is Cheap: The Existence Value Fallacy (with Donald J. Boudreaux and Roger E. Meiners), 29 Environmental Law 765 (1999), available here.
Was Hayek Right about Group Selection After All? 13 Rev. of Austrian Econ. 81 (2000), available here.
Industry and Environmental Lobbyists: Enemies or Allies? in The Common Law and the Environment: Rethinking the Statutory Basis for Modern Environmental Law 185 (Roger E. Meiners and Andrew P. Morris eds. 2000).
Finding the Constitution: An Economic Analysis of Tradition’s Role in Constitutional Decision-Making (with A.C. Pritchard) 77 N. C. L. Rev. 409 (1999), available here.
Constitutions and Spontaneous Orders: A Response to McGinnis’s “In Praise of Decentralized Traditions and their Preconditions” (with A.C. Pritchard), 77 N. C. L. Rev. 537 (1999), available here.
Environmental Externalities and Political Externalities: The Political Economy of Environmental Regulation and Reform, 73 Tulane L. Rev. 845 (1999), available here.
Rewrite the Bankruptcy Code, Not the Scriptures: Protecting a Debtor’s Right to Tithe in Bankruptcy, 1998 Wisconsin L. Rev. 1223 (1998), available here.
It’s Time for Means Testing (with Judge Edith H. Jones), 1999 BYU L. Rev. 177 (1999), available here.
The Nature of the State and the State of Nature: A Comment on Grady and McGuire’s “The Nature of Constitutions,” 1 J. Bioeconomics 241 (1999) (Symposium: The State and the Ethnic Group: The Bioeconomics of Economic Organizations), available here.
Mend It, Don’t End It: The Case for Retaining the Disinterestedness Requirement for Debtor in Possession’s Counsel, 18 Miss. Col L. Rev. 291 (1998) (Symposium on Bankruptcy Law).
Of Bubbling Pots and Bankruptcy Conflicts: A Reply to Smith and Wolfram, 18 Miss. Col L. Rev. 399 (1998).
Beyond the Shell and Husk of History: The History of the Seventeenth Amendment and Its Implications for Current Reform Proposals, 45 Cleveland St. L. REV. 165 (1997) (solicited article), available here.
Epstein & Polanyi on Simple Rules, Complex Systems, and Decentralization, 9 Const. Pol. Econ. 143 (1998), available here.
A Unanimity-Reinforcing Model of Efficiency in the Common Law: An Institutional Comparison of Common Law and Legislative Solutions to Large-Number Externality Problems, 46 Case Western Reserve L. Rev. 961 (1996), available here.
Senators and Special Interests: A Public Choice Analysis of the Seventeenth Amendment, 73 Oregon L. Rev. 1007 (1994), available here.
Federal Judicial Review of State Ballot Access Regulation: Escape from the Political Thicket, 20 T. Marshall L. Rev. 87 (1994), available here.
Cramdown and the Code: Calculating Cramdown Interest Rates Under the Bankruptcy Code, 19 T. Marshall L. Rev. 241 (1994), available here.
SHORTER PUBLICATIONS
The Western Canon, MODERN AGE 53 (Spring 2021), available here.
Consumer Protection at the FTC and the CFPB (with James C. Cooper & Timothy J. Muris), Regulatory Transparency Project of the Federalist Society (Nov. 16, 2017), available here.
The Economics and Regulation of Bank Overdraft Protection (with Nick Tuszynski), 13 ENGAGE 85 (2012).
Repeal the Seventeenth Amendment and Restore the Founders’ Design, 12(2) ENGAGE 88 (Sept. 2011), available here.
Anna Nicole Smith Goes Shopping: The New Forum-Shopping Problem in Bankruptcy (with G. Marcus Cole), 11 ENGAGE 57 (2010).
America’s Debt Paranoia, 59(8) THE FREEMAN (October 2009), available here.
Mercatus Reports: Subprime Mortgage Lending (with Joseph Adamson), 30(2) REGULATION 5 (Summer 2007), available here.
A Comment on the Proposed Statement on Subprime Mortgage Lending (with Joseph Adamson), 8(3) ENGAGE 62 (June 2007), available here.
Mercatus Reports: Advertising To Children (with Joe Adamson), 30(1) REGULATION 3 (Spring 2007), available here.
Foreword to Symposium on Bankruptcy Law, 18 Miss. Col. L. Rev. 281 (1998).
The Bankruptcy Rules: 1994, in 1995-96 Annual Survey of Bankruptcy Law 1111 (William L. Norton, Jr. ed., 1995) (co-authored with Matthew W. Levin).
Book Review, Robert Wright, Nonzero: The Logic of Human DestinY, 51(4) Ideas on LIBERTY 61 (2001), available here.
Book Review, Gregory S. Alexander, Commodity and Propriety: Competing Visions of Property in American Legal Thought, 4 Independent Rev. 147 (1999), available here.
Book Review, Jeremy Shearmur, Beyond Hayek, 11 Const. Pol. Econ. 205 (2000), available here.
Book Review, Bruce yandle, Common Law and Common Sense for the Environment, 9 Const. Pol. Econ. 349 (1998), available here.
Book Review, Cass R. Sunstein, Legal Reasoning and Political Conflict, 8 Const. Pol. EcoN. 355 (1997), available here.
Book Review, C.H. Hoebeke, The Road to Mass Democracy: Original Intent and the Seventeenth Amendment, 1 Independent Review 439 (1996), available here.
WORKING PAPERS
Wine Wars: The 21st Amendment and Discriminatory Bans to Direct Shipment of Wine, available here.
Why So Many Bankruptcies and What to Do About It: An Economic Analysis of Consumer Bankruptcy Law and Bankruptcy Reform, available here.
Public Choice and Tort Reform, George Mason Law and Economics Research Paper 00-36 (October 2000), available here.
COMMENTARY
Why I’m Suing Over My Employer’s Vaccine Mandate, WALL ST. J. (Aug. 6, 2021), available here.
The CFPB Could be a Force for Good, WALL ST. J. (Feb. 19, 2018), available here.
Durbin’s Debit-Card Price Controls Hit the Poor Hardest(with Julian Morris), WALL ST. J. (May 1, 2017), available here.
The Constitution Says Nothing About Behavioral Economics (with Geoffrey A. Manne), WALL ST. J. (Mar. 9, 2017), available here.
Credit is a Powerful Tool for American Families (with Thomas A. Durkin), WASHINGTON POST (April 17, 2015), available here.
Overdraft Protection Rules Could Hurt Consumers More Than They Help (with G. Michael Flores), AMERICAN BANKER (November 24, 2014), available here.
A Nobel Economist’s Caution About Government: Friedrich Hayek Warned that Intervening can Make Things Worse. ObamaCare and Dodd-Frank, Anyone? (with Donald J. Boudreaux), WALL STREET JOURNAL, page A15 (Oct. 13, 2014), available here.
The new EU price controls that will hold back a cashless future–and hit the poor (with Geoffrey Manne and Julian Morris), CITY A.M. (London, England) (June 9, 2014), available here.
If you want to whiten the economy, payments should be made electronically, ZIARUL FINANCIAR (Bucharest, Romania) (May 13, 2014), available here (translation available here).
America’s Taxpayers Lost Big in UAW Bailout (with James Sherk), DETROIT NEWS (June 26, 2012), available here.
Obama’s United Auto Workers Bailout (with James Sherk), WALL ST. J., page A19 (June 13, 2012), available here.
Spongebob Squarepants’ Last Stand, WALL ST. J., page A11 (April 13, 2012), available here.
The Robo-Signing Settlement: Seeds of Recovery or Chaos?, FORBES.COM (Feb. 20, 2012), available here.
Set Interac Free: Burdensome Federal Regulations Discourage Innovation, NATIONAL POST, (Dec. 19, 2011), available here.
It’s Time to Finalize the Robo-Signing Settlement, FORBES.COM (OCT. 17, 2011), available here.
The Dick Durbin Bank Fees, WALL STREET JOURNAL, page A15 (Sept. 30, 2011), available here.
The Truth About the Auto Bailouts, REAL CLEAR POLITICS (July 13, 2011), available here.
Durbin’s Innovation Killer: The Durbin Amendment would Raise Costs for Consumers, Increase Fraud, and Kill Innovation, THE AMERICAN (June 11, 2011), available here.
Lender Punishment Mustn’t Reward Defaulters: Forced Principal Reduction is the Wrong Solution to the Foreclosure Fiasco, WASHINGTON TIMES, p. B3 (June 9, 2011), available here.
Deutsche Bank a Scapegoat for Bad Housing Policy, FORBES.COM (May 11, 2011), available here.
Bureau of Consumer Protection Must Put Consumers First, WASHINGTON TIMES, page B3 (May 6, 2011), available here.
Roar of the Lion Father: Parenting for Creativity Beats Parenting for Performance, WASHINGTON TIMES, page B1 (Jan. 25, 2011), available here.
Anna Nicole Smith Case Offers Court Opportunity to Limit Forum-Shopping in Bankruptcy Cases, NATIONAL LAW JOURNAL (Jan. 11, 2011), available here.
Dodd-Frank and the Return of the Loan Shark, WALL STREET JOURNAL, page A17 (Jan. 4, 2011), available here.
Repeal the Seventeenth Amendment, NATIONAL REVIEW 20 (Nov. 15, 2010), available here.
The Next Hot Ticket in Financial Reform (with John Morrall and Richard Williams), REUTERS (Oct. 8, 2010), available here.
In Elizabeth Warren We Trust? WALL STREET JOURNAL, page A25 (Sept. 30, 2010), available here.
How Public Employee Pensions are Too Rich for New York’s–and America’s–Blood, NEW YORK DAILY NEWS (Aug. 8, 2010), available here.
Durbin’s Antitrust Fantasies: Flawed Economics Behind Democrats Price Control Plan (with Josh Wright), WASHINGTON TIMES, page B4 (June 17, 2010), available here.
Why Aren’t Banks Lending? Because Bureaucrats and Politicians Won’t Let Them, WASHINGTON TIMES, page B1 (June 10, 2010), available here.
Durbin Regulations are Aimed at Your Wallet: They’ll Cost us All Money and Convenience, WASHINGTON TIMES, page B1 (June 3, 2010), available here.
Stripper Searches for Loot Loophole, WASHINGTON TIMES, page B3 (Feb. 26, 2010), available here.
Complex Loans Didn’t Cause the Crisis, WALL STREET JOURNAL, page A18 (Feb. 18, 2010), available here.
Will Congress Take Another Swipe at Credit Cards?, WALL STREET JOURNAL, page A17 (Jan. 5, 2010), available here.
America’s Debt Paranoia, 59(8) THE FREEMAN (October 2009), available here.
Check that Checkbook: A Guide to Smarter Alumni Giving, NATIONAL REVIEW page A43 (Oct. 5, 2009), available here.
Obama’s Ailing Popularity, FORBES.COM (August 21, 2009), available here.
Let’s Treat Borrowers Like Adults: The Problems with a Financial Products Safety Panel, WALL STREET JOURNAL, page A17 (July 8, 2009), available here.
Chrysler and the Rule of Law, WALL STREET JOURNAL, page A19 (May 13, 2009), available here.
Low Rates Led to ARMs, WALL STREET JOURNAL, page A18, (March 26, 2009), available here.
My Favorite President: Calvin Coolidge, NATIONAL REVIEW ON-LINE (February 16, 2009), available here.
Don’t Let Judges Tear Up Mortgage Contracts, WALL STREET JOURNAL, page A13 (February 13, 2009), available here.
Bankruptcy is the Perfect Remedy for Detroit, WALL STREET JOURNAL, page A21 (December 16, 2008), available here.
The Two-Income Tax Trap, WALL STREET JOURNAL, page A17 (August 14, 2007), available here.
Junk Social Science Index, WASHINGTON TIMES (July 26, 2007), available here.
A Great Mind? Miers Might Vote Right, But What the Court Truly Needs Is Intellectual Leadership, LEGAL TIMES (October 10, 2005), available here.
Self-Selection or Political Bias? 38(8) AMERICAN SPECTATOR 48 (Oct. 2005).
Rebalancing the Bankruptcy Code, JURIST (August 18, 2005), available here.
Credit Worthy, NATIONAL REVIEW ON-LINE (March 16, 2005), available here.
Bankrupt Criticisms, NATIONAL REVIEW ON-LINE (March 15, 2005), available here.
Reforming Bankruptcy Laws: Changes Will Help Everyone, SAN DIEGO UNION-TRIBUNE (March 17, 2005), available here.
Deadbeats Cost All of Us Dearly, USA TODAY, page 17A (June 22, 2000).
George Mason Working Papers
SSRN Author Page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=141468