Works in Progress

• Hidden Costs? Malpractice Allegations and Defensive Medicine Among Cardiac Surgeons (January 20, 2012) (with Marco Huesch)
• Mental Health Care Consumption and Outcomes: Considering Preventative Strategies Across Race and Class (January 20, 2012) (with others)
• Organizational Innovation in the Health Sector: Cost and Quality Solutions for Health Policy, (working paper October 20, 2007) (with Will Mitchell & Kevin A. Schulman)

Books

• Valuing Health Care: Improving Productivity and Quality (April 2012) (as part of the Kauffman Task Force on Cost Effective Health Care Innovation)

Issues Edited

• Symposium: Who Pays? Who Benefits? Distributional Issues in Health Care, 69 Law & Contemporary Problems (Autumn 2006) (Special Editor with Clark C. Havighurst)

Articles and Essays

• Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic Cartels, 39 Pepperdine Law Review 1347-1370 (2013)
• Assessing Competency for Concealed-Weapons Permitts--The Physician's Role, The New England Journal of Medicine (April 17, 2013) (with others)
• Concentration in Health Care Markets: Chronic Problems and Better Solutions, (American Enterprise Institute, 2012)
• Norms and Law: Putting the Horse Before the Cart, 62 Duke Law Journal 739-766 (2012)
• Overbilling and Informed Financial Consent--A Contractual Solution, 367 New England Journal of Medicine 396-397 (2012) (with Mark A. Hall & Kevin A. Schulman)
• When Money Grew on Trees: The Untold Story of Lucy v. Zehmer, 61 Duke Law Journal 1511-1562 (with Dennis Schmelzer)
• Amicus Brief of Antitrust Professors and Scholars, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553 (U.S., June 2011) (with Harry First)
• Contracts Meet Henry Ford, 40 Hofstra Law Review 77-86 (2011)
• The Provider-Monopoly Problem in Health Care, 89 Oregon Law Review 847-883 (2011) (with Clark C. Havighurst)
• Who Pays? Who Benefits? Unfairness in American Health Care, 25 Notre Dame Journal of Law, Ethics & Public Policy 493-526 (2011) (with Clark C. Havighurst)
• Fragmentation in Mental Health Benefits and Services: A Preliminary Examination into Consumption and Outcomes, in The Fragmentation of U.S. Health Care: Causes and Solutions (Einer Elhauge ed., 2010) (with Frank Sloan & Daniel Grossman)
• Mechanism Choice, in Research Handbook on Public Choice and Public Law 363-396 (Daniel A. Farber & Anne Joseph O'Connell eds., 2010) (with Jonathan B. Wiener)
• A Careful Examination of the Live Nation-Ticketmaster Merger (November 25, 2009) (with Alan J. Meese)
• Ethnic Networks, Extralegal Certainty, and Globalisation: Peering Into the Diamond Industry, in Contractual Certainty in International Trade: Empirical Studies and Theoretical Debates on Institutional Support for Global Economic Exchanges 31-49 (Volkmar Gessner ed., Hart Publishing 2009)
• On Doctors and Judges, 58 Duke Law Journal 1731-1741 (2009)
• Searching for Industry Modernization, Modern Physician (February 9, 2009) (with Will Mitchell & Kevin Schulman)
• The Antitrust of Reputation Mechanisms: Institutional Economics and Concerted Refusals to Deal, 95 Virginia Law Review 325-387 (2009)
• Lessons from India in Organizational Innovation: A Tale of Two Heart Hospitals, 27 Health Affairs 1260-1270 (Sept./Oct. 2008) (with Krisna Udayakumar, Will Mitchell & Kevin A. Schulman)
• Transaction Cost Economics: An Assessment of Empirical Research in the Social Sciences, 10(1) Business & Politics, Article 1(April 2008) (with Jeffrey T. Macher)
• Understanding the 'Corporate' in Corporate Social Responsibility, 2 Harvard Law & Policy Review 33-52 (2008) (with Aaron Chatterji)
• Antitrust and Nonprofit Hospital Mergers: A Return to Basics, 156 University of Pennsylvania Law Review 121-150 (2007)
• Insurance Expansions: Do They Hurt Those They Are Designed to Help?, 26 Health Affairs 1345-1357 (Sept./Oct. 2007)
• Rebuilding Illinois Brick: A Functionalist Approach to the Indirect Purchaser Rule, 81 Southern California Law Review 69-110 (2007) (with Christopher R. Murray)
• The King of Rockingham County and the Original Bridge to Nowhere, in Contracts Stories 306-336 (Douglas G. Baird ed., 2007)
• A Bridge, a Tax Revolt, and the Struggle to Industrialize: The Story and Legacy of 'Rockingham County v. Luten Bridge Co.', 84 North Carolina Law Review 1841-1912 (2006) (with Jordi Weinstock & Jason Mehta)
• A Transaction Cost Economizing Approach to Regulation: Understanding the NIMBY Problem and Improving Regulatory Responses, 23 Yale Journal on Regulation 29-76 (2006) (with Christopher Boerner)
• Distributive Injustice(s) in American Health Care, 69 Law & Contemporary Problems 7-82 (Autumn 2006) (with Clark C. Havighurst)
• Fifty Years of Community Service: A Tribute to Mel Shimm, 69 Law & Contemporary Problems xi-xiii (Winter/Spring 2006)
• Foreword: Health Policy's Fourth Dimension, 69 Law & Contemporary Problems 2-6 (Autumn 2006) (with Clark C. Havighurst)
• How Communities Create Economic Advantage: Jewish Diamond Merchants in New York, 31 Law & Social Inquiry 383-420 (2006)
• The Corrosive Combination of Nonprofit Monopolies and U.S.-Style Health Insurance: Implications for Antitrust and Merger Policy, 69 Law & Contemporary Problems 139-158 (Autumn 2006)
• Behavioral Economics and Health Policy: Understanding Medicaid's Failure, 90 Cornell Law Review 705-768 (2005)
• Firms, Courts, and Reputation Mechanisms: Towards a Positive Theory of Private Ordering, 104 Columbia Law Review 2328-2367 (2004)
• Organizational Responses to Discontinuous Innovations: A Casy Study Approach, 8 International Journal of Innovation Management 87-113 (2004) (with Jeffrey Macher).
• Modeling Supreme Court Strategic Decision Making: The Congressional Constraint, XXVIII Legislative Studies Quarterly 247-280 (2003) (with Mario Bergara & Pablo T. Spiller).
• Mandating Negotiations to Solve the NIMBY Problem: A Creative Regulatory Response, 20 UCLA Journal of Environmental Law & Policy 223-36 (2002).
• The Adventures of Keeping Kosher in Vietnam, New York Times April 23, 1997.

Newspaper Articles and Commentary

• A Cautious Path Forward on Accountable Care Organizations, 305 Journal of the American Medical Association (JAMA) 602-603 (Feb. 9, 2011) (with Kevin Schulman)
• On the Constitutionality of Health Care Reform, 71 North Carolina Medical Journal 232-238 (May/June 2010)
• Rabbi Searches Are Tough, but Are They Illegal?, The Forward, October 8, 2010
• Lessons from the First Bridge to Nowhere, Op-Ed, Raleigh News & Observer, September 21, 2008, at E7
• Blood Diamonds' Many Facets (Op-ed), Raleigh News & Observer, January 11, 2007, at A13 (with Joost Pauwelyn)
• Who Pays for Health Insurance?, Wall Street Journal, September 6, 2007, at A17 (with Clark Havighurst)
• The Unintended Consequences of United States v. Nektalov, N.Y. Law Journal, August 10, 2006, at 2

Working Papers

• Community Enforcement of Informal Contracts: Jewish Diamond Merchants in New York, (John M. Olin Center for Law, Economics & Business, Discussion Paper No. 384, 2002).