Forthcoming

• The Greek Debt Exchange: An Autopsy (September 11, 2012) (with Jeromin Zettelmeyer & Christoph Trebesch)
• Sovereign Snake Oil, Law & Contemporary Problems (forthcoming) (with Anna Gelpern)

Works in Progress

• The Problem of Holdout Creditors in Eurozone Sovereign Debt Restructurings, (January 22, 2013) (with Lee C. Buchheit & Igancio Tirado)
• Walking Back From Cyprus, (March 18, 2013) (with Lee C. Buchheit)
• A Eurozone Debt Crisis--The Options Now(October 8, 2012) (with Lee C. Buchheit)
• A People's History of Collective Action Clauses, (November 7, 2012) (with Mark C Weidemaier)
• Lawyers: Gatekeepers of the Sovereign Debt Market?, (November 18, 2012) (with Michael Bradley & Irving De Lira Salvatierra)
• Restructuring a Sovereign Debtor's Contingent Liabilities(December 26, 2012) (with Lee C. Buchheit)
• Collective Action Clauses for the Eurozone: An Empirical Analysis (May 07, 2012) (with Michael Bradley)
• Greek Debt: The Endgame Scenarios (April 18, 2011) (with Lee C. Buchheit)
• How Markets Work: The Lawyer's Version (July 15, 2011) (with W. Mark C. Weidemaier)

Books

• Acting White?: Rethinking Race in Post-Racial America (2013) (with Devon W. Carbado)
• The 3 1/2 Minute Transaction: Boilerplate and the Limits of Contract Design (University of Chicago Press, 2013) (with Robert E. Scott)

Issues Edited

• A Modern Legal History of Sovereign Debt, 73 Law & Contemporary Problems (Fall 2010) (Special editor with Anna Gelpern)
• Symposium: Odious Debts and State Corruption, 70 Law & Contemporary Problems (Summer 2007) (Special Editor with David A. Skeel, Jr.)

Articles and Essays

• Altruism Exchanges and the Kidney Shortage (University of Chicago Institute for Law & Economics (2d Series) Working Paper No. 630, NYU Law & Economics Research Paper Series, Working Paper No. 13-03, 2013) (with Stephen J. Choi & Eric Posner)
• Origin Myths, Contracts, and the Hunt for Pari Passu, 38 Law and Social Inquiry 72-105 (2013) (with Mark Weidemaier & Robert Scott)
• The Evolution of Contractual Terms in Sovereign Bonds, 4 Journal of Legal Analysis 131-179 (2012) (with Stephen J. Choi & Eric A. Posner)
• CDS Zombies, 13 European Business Organization Law Review 347-390 (2012) (with Anna Gelpern)
• Engineering an Orderly Greek Debt Restructuring (January 29, 2012) (with Jeromin Zettelmeyer)
• Foreword: The Duke Project on Custom and Law, 62 Duke Law Journal 529-533 (2012) (with Curtis A. Bradley)
• Making a Voluntary Greek Debt Exchange Work, 7 Capital Markets Law Journal 169-183 (2012) (with Jeromin Zettelmeyer)
• The Dynamics of Contract Evolution, (John M. Olin Law & Economics (2d Series) Working Paper No. 605, 2012) (with Stephen J. Choi & Eric A. Posner)
• 'Not that Smart': Sonia Sotomayor and the Construction of Merit (August 10, 2011) (with Guy-Uriel Charles & Daniel L. Chen)
• Drafting A Model Collective Action Clause For Eurozone Sovereign Bonds, 6 Capital Markets Law Journal 317-325 (2011) (with Lee C. Buchheit)
• Foreword: The Three and a Half Minute Transaction: Boilerplate and the Limits of Contract Design, 40 Hofstra Law Review 1-9 (2011) (with Robert E. Scott)
• How Well Do Measures of Judicial Ability Translate into Performance?33 International Review of Law & Economics 37-53 (2013) (with Stephen J. Choi & Eric A. Posner)
• Judging Women, 8 Journal of Empirical Legal Studies 504-532 (2011) (with Stephen J. Choi, Mirya R. Holman & Eric A. Posner)
• Mandatory Versus Default Rules: How Can Customary International Law Be Improved?, 120 Yale Law Journal Online 421-454 (April 2011) (with Curtis A. Bradley)
• Political Risk and Sovereign Debt Contracts (John M. Olin Law & Economics (2d Series), Working Paper No. 583, 2011) (with Stephen J. Choi & Eric A. Posner)
• Showcasing Diversity, 89 North Carolina Law Review 1017-1053 (2011) (with Patrick S. Shin)
• The Law and Policy of Judicial Retirement (John M. Olin Law & Economics (2d Series), Working Paper No. 550, 2011) (with Stephen J. Choi & Eric A. Posner)
• The New Old Legal Realism, 105 Northwestern University Law Review 689-735 (2011) (with Tracey E. George & Ann McGinley)
• Restructuring a Nation's Debt, 29 International Financial Law Review 46-49 (June 2010) (with Lee C. Buchheit) reprinted in, Managing Risk in the Financial System 168-178 (John Raymond LaBrosse, Rodrigo Olivares-Camimal, Dalvinder Singh, eds., 2010)
• Applied Legal History: Demystifying The Doctrine Of Odious Debts, 11 Theoretical Inquiries in Law 247-281 (2010) (with Sarah Ludington & Alfred L. Brophy)
• Customary International Law and Withdrawal Rights in an Age of Treaties, 21 Duke Journal of Comparative & International Law 1-30 (2010) (with Curtis A. Bradley)
• Evaluating Judges and Judicial Institutions: Reorienting the Perspective, The Legal Workshop - Duke Law Journal, Feb. 23, 2010 (with David F. Levi & David E. Klein) Symposium on Evaluating Judging, Judges, and Judicial Institution
• Foreword: Of Lawyers, Leaders, and Returning Riddles in Sovereign Debt, 73 Law & Contemporary Problems i-xii (Fall 2010) (with Anna Gelpern)
• Judicial Ability and Securities Class Actions (John M. Olin Law & Economics (2d Series), Working Paper No. 519, 2010) (with Stephen J. Choi & Eric A. Posner)
• Pricing Terms in Sovereign Debt Contracts: A Greek Case Study with Implications for the European Crisis Resolution Mechanism, 6 Capital Markets Law Journal 163-187 (2011) (with Steven J. Choi & Eric A. Posner)
• Professionals or Politicians: The Uncertain Empirical Case for an Elected Rather Than Appointed Judiciary, 26 Journal of Law, Economics, & Organization 290-336 (August, 2010) (with Stephen J. Choi & Eric A. Posner)
• Responsible Sovereign Lending and Borrowing (UNCTAD, Discussion Paper No.198 April, 2010) (with Lee C. Buchheit) also published in, 73 Law & Contemporary Problems 63-92 (Fall 2010)
• Talking Judges, The Legal Workshop - Duke Law Journal, March 16, 2010 (with Jack Knight)
• The Market Reaction to Legal Shocks and Their Antidotes: Lessons From The Sovereign Debt Market, 39 Journal of Legal Studies 289-324 (January 2010)(with Michael Bradley & James D. Cox)
• Withdrawing from International Custom, 120 Yale Law Journal 202-275 (2010) (with Curtis A. Bradley)
• "Only Connect": Toward a Unified Measurement Project, 58 Duke Law Journal 1181-1190 (2009) (with David F. Levi)
• Are Judges Overpaid?: A Skeptical Response to the Judicial Salary Debate, 1 Journal of Legal Analysis 47-117 (Winter 2009) (with Stephen J. Choi & Eric A. Posner)
• Feel-good Formalism, 35 Queen's Law Journal 97-116 (2009) (with Anna Gelpern)
• Innovation after the Revolution: Foreign Sovereign Bond Contracts Since 2003, 4 Capital Markets Law Journal 85-103 (2009) (with Anna Gelpern)
• Judicial Evaluations and Information Forcing: Ranking State High Courts and Their Judges, 58 Duke Law Journal 1313-1382 (2009) (with Stephen J. Choi & Eric A. Posner)
• Mr. Presidential Candidate: Whom Would You Nominate?, 42 Loyola of Los Angeles Law Review 293-334 (2009) (with Stuart M. Benjamin)
• The Coroner's Inquest: Ecuador's Default and Sovereign Bond Documentation, 28 International Financial Law Review 22-25 (Sept. 2009) (with Lee C. Buchheit) (authors' manuscript)
• What do Federal District Judges Want?: An Analysis of Publications, Citations, and Reversals, (John M. Olin Law & Economics (2d Series), Working Paper No. 508, 2009) (with Stephen J. Choi & Eric A. Posner) republished in, 27 Journal of Law Economics & Organization (2011)
• A Convenient Untruth: Fact and Fantasy in the Doctrine of Odious Debts, 48 Virginia Journal of International Law 595-639 (2008) (with Sarah Ludington)
• After Inclusion, 4 Annual Review of Law & Social Science 83-102 (2008)
• Bias in Judicial Citations: A Window into the Behavior of Judges?, 37 Journal of Legal Studies 87-129 (2008) (with Stephen J. Choi)
• Judging Measures, 77 UMKC Law Review 381-413 (2008) (with David F. Levi)
• Odious Debts and Nation-Building: When the Incubus Departs, 60 Maine Law Review 477-485 (2008) (with Lee C. Buchheit)
• Trading Votes For Reasoning: Covering In Judicial Opinions, 81 Southern California Law Review 735-779 (2008) (With Stephen J. Choi)
• Which States Have the Best (and Worst) High Courts?, John M. Olin Law & Economics (2d Series), Working Paper No. 405, 2008 (with Stephen J. Choi & Eric A. Posner)
• Contracts Without Law: Sovereign Versus Corporate Debt, 75 University of Cincinnati Law Review 977-1004 (2007) (with George G. Triantis)
• Foreword: Making Makeup Matter, 14 Duke Journal of Gender Law & Policy 1-11 (2007) (with Devon Carbado & Catherine Fisk)
• Partially Odious Debts?, 70 Law & Contemporary Problems 47-81 (Autumn 2007) (with Omri Ben-Shahar)
• Public Symbol in Private Contract: A Case Study, 84 Washington University Law Review 1627-1715 (2006) (with Anna Gelpern)
• Ranking Judges According to Citation Bias, 82 Notre Dame Law Review 1279-1309 (2007) (with Stephen J. Choi)
• The Dilemma of Odious Debts, 56 Duke Law Journal 1201-1262 (2007) (with Lee C. Buchheit & Robert B. Thompson)
• A Response to Professor Sander: Is It Really All About the Grades?, 84 North Carolina Law Review 1823-1839 (2006) (with James E. Coleman, Jr.)
• An Empirical Study of Securities Disclosure Practice, 80 Tulane Law Review 1023-1108 (2006) (with Stephen J. Choi)
• Contract as Statute, 104 Michigan Law Review 1129-1173 (2006) (with Stephen J. Choi)
• Introduction: A New Legal Realist Perspective On Employment Discrimination, 31 Law & Social Inquiry 797-799 (2006) (with Laura Beth Nielsen)
• The Rat Race as an Information Forcing Device, 81 Indiana Law Journal 53-82 (2006) (with Scott Baker & Stephen J. Choi)
• The Story of Jesperson v. Harrah's: Makeup and Women at Work, in Employment Discrimination Stories 105-152 (Joel Wm. Friedman ed., 2006) (with Devon Carbado & Gowri Ramachandran)
• Foreword: The Klein Criteria Project, 2 Berkeley Business Law Journal 1-11 (2005) (with Paul S. Edwards)
• Judicial Triage: Reflections on the Debate over Unpublished Opinions, 62 Washington & Lee Law Review 1667-1708 (2005) (with David C. Vladeck)
• Mr. Justice Posner?: Unpacking the Statistics, 61 NYU Annual Survey of American Law 19-43 (2005) (with Stephen Choi)
• Race to the Top of the Corporate Ladder: What Minorities Do When They Get There, 61 Washington & Lee Law Review 1645-1693 (2005) (with Devon W. Carbado)
• Which Judges Write Their Opinions (And Should We Care?), 32 Florida State University Law Review 1077-1122 (2005) (with Stephen Choi)
• Why are There so Few Black Lawyers in Corporate Law Firms, 84 California Law Review 493 (1996) (with David Wilkins), portions reprinted in Lawyers: A Critical Reader? (Richard Abel ed., 1997), The Law and Ethics of Lawyering (Geoffrey Hazard, Jr., Susan Koniak, & Roger Cramton eds., 3rd ed. 1999), Critical Race Theory Reader (Dorothy Brown ed., 2003); Law & Public Policy: A Socioeconomic Approach 282-5 (Lynne L. Dallas ed., 2005)
• A Tournament of Judges? 92 California Law Review 299 (2004) (with Stephen Choi)
• Choosing the Next Supreme Court Justice, 78 USC Law Review 23 (2004) (with Stephen Choi)
• Fraud by Hindsight, 98 Northwestern Law Review 773 (2004) (with Donald Langevoort and Jeffrey Rachlinksi)
• Innovation in Boilerplate Contracts: The Case of Sovereign Bonds, 53 Emory Law Journal 929 (2004) (revised version, with separate responses by Lee Buchheit and Sergio Galvis, in Essays on Sovereign Debt (Joseph Stiglitz & Jose Ocampo eds., forthcoming)
• Sovereign Bond Reform and the Best Interest of Creditors, 57 Vanderbilt Law Review 1 (2004) (with William Bratton)
• Sovereign Bonds and the Collective Will, 51 Emory Law Journal 1317 (2002)(with Lee Buchheit), reprinted in Bank of England Proceedings of Conference on Sovereign Debt (2004)
• The Muddled Duty to Disclose Under Rule 10b-5, 57 Vanderbilt Law Review 1639 (2004) (with Donald Langevoort)
• The Organization of Complex Economic Activity: A Case Study of the Construction Industry, 1 Berkeley Business Law Journal (2004) (with William Klein)
• How Do Judges Maximize? (The Same Way Everybody Else Does–Boundedly): Rules of Thumb in Securities Fraud Opinions 51 Emory Law Journal 83 (2002) (with Stephen Bainbridge), reprinted in Securities Law Handbook (2003)
• Tenure, 53 Journal of Legal Education 157 (2003) (with Devon Carbado)
• The Fifth Black Woman, 11 Journal of Contemporary Legal Issues 701 (2001) (with Devon Carbado); reprinted in Critical Feminist Theory Reader (Adrienne Wing, ed. 2003)
• The Happy Charade: An Empirical Examination of the Third Year of Law School, 52 Journal of Legal Education 235 (2001) (with Richard Sander & Robert Sockloskie), reprinted in 2 NYU Selected Essays on Labor and Employment Law (David Sherwyn & Michael Yelnosky eds., 2003)
• The Law and Economics of Critical Race Theory, 112 The Yale Law Journal 1757-1828 (2003)(reviewing Crossroads, Directions and a New Critical Race Theory (2002)) (with Devon W. Carbado)
• What Exactly is Racial Diversity?, 91 California Law Review 1149 (2003) (with Devon Carbado)
• Why Lawyers Need to Take a Closer Look at Exit Consents, International Financial Law Review September 2003, 15-18 (with Stephen Choi)
• Incorporating Labor (A Comment on Marleen O'Connor's article: "Labor's Role in the American Corporate Governance Structure") 22 Journal of Comparative Labor Law and Policy Journal 171 (2000, published in 2002)
• What are Larry's Criteria For Good Corporate Law, 70 George Washington University Law Review 886 (2002), comment on Lawrence Mitchell, Corporate Irresponsibility (2001)
• Whose Cases Enter the Casebooks? A Story of Giants and Pygmies, 87 Iowa Law Review 1141 (2002) (with Veronica Sanchez)
• Interactions at Work: Remembering David Charny, 17 Harvard Blackletter L.J. 13 (2001) (with Devon Carbado)
• Sovereign Piracy, 56 The Business Lawyer 635 (2001) (with Kenneth N. Klee)
• What Law Students Think They Know About Elite Law Firms: Preliminary Results of a Survey of Third Year Law Students, 69 University of Cincinnati Law Review 1213 (2001) (with David Wilkins)
• Connected Contracts 47 UCLA Law Review 887 (2000) (with William Klein and Eric Zolt)
• Conversations at Work, 79 Oregon Law Review 103 (2000) (with Devon Carbado)
• Exit Consents in Sovereign Bond Exchanges 48 UCLA Law Review 59-84 (2000) (with Lee C. Buchheit)
• Working Identity, 85 Cornell Law Review1259 (2000) (with Devon Carbado)
• Revisiting Kalyani: The Former Agricultural Worker, 34(52) Economic & Political Weekly, December 25, 1999 (with Leela Gulati)
• When Corporate Managers Fear a Good Thing is Coming to an End: The Case of Interim Nondisclosure 46 UCLA Law Review 675 (1999), reprinted in 41 Corporate Practice Commentator 523 (1999-2000), and in Securities Law Review (2000)
• Efficiency Wages, Tournaments and Discrimination: A Theory of Employment Discrimination Law for 'High-Level' Jobs, 33 Harvard Civil Rights-Civil Liberties Law Review 57 (1998) (with David Charny), excerpted in Cases and Materials on Employment Discrimination and Employment Law (Michael Harper, Samuel Estreicher eds., 2000)
• Jayamma: Profile of a Widowed Brick Worker, in Widows in India: Social Neglect and Public Action (Martha Alter Chen ed., 1998) (with Leela Gulati)
• On Not Making Law 61 Journal of Law and Contemporary Problems 157 (1998) (with Catherine McCauliff)
• Reconceiving the Tournament of Lawyers: Tracking, Seeding, and Information Control in the Internal Labor Markets of Elite Law Firms, 84 Virginia Law Review 1581 (1998) (with David Wilkins)
• Female Labour in the Unorganised Sector: The Brick Worker Revisited, 32 Economic and Political Weekly 968 (1997) (with Leela Gulati)
• Passage Home to India 6 Harvard Human Rights Journal 242-46 (1993)
• Remnants of Matriliny: Widows of Two Kerala Villages, 76 MANUSHI: Journal of Women & Society 32 (1993) (with Leela Gulati)
• Ethics in Finance, in The New Palgrave Dictionary of Money and Finance 779 (Peter Newman, Murray Milgate & John Eatwell eds. 1992) (with Susan Rose-Ackerman)
• Turning Points in Economic Time Series: Loss Structures and Bayesian Forecasting, in Bayesian and Likelihood Methods in Statistics and Economics 371 (S. Geisser, J.S. Hodges, S.J. Press & A. Zellner eds., 1990) (with Arnold Zellner and Chansik Hong)

Newspaper Articles and Commentary

• The Content of One's Racial Character, Huffington Post (April 4, 2013, 7:49am) (with Devon Carbado)
• Echoes of Subprime Ring Out Across Greek Debt Crisis, Financial Times, June 28, 2010 (with Eric Posner)
• Do Women Make Better Judges? Asked and Answered - with Data, Slate (October 2, 2009) (with Stephen Choi, Mirya Holman & Eric A. Posner)