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2023 “Judging facts, judging norms: Training machine-learning models to judge humans requires a modified approach to selecting and labeling data” (with Aparna Balagopolan, David Madras, Dylan Hadfield-Menell, and Marzyeh Ghassemi) Science Advances Vol 9, Issue 19
2022 “Technical Perspective: The Impact of Auditing for Algorithmic Bias” (with Vincent Conitzer & Shannon Vallor) Communications of the ACM, Vol 66 pp.100
2022 “Spurious normativity improves the capacity of agents to learn stable enforcement and compliance behaviors” (with Raphael Koster, Dylan Hadfield-Menell, Richard Everett, Laura Weidinger and Joel Z Leibo) PNAS Vol. 119, 1-11 (e2106028118)
2022 “Legal Markets” Journal of Economic Literature Vol. 60, pp. 1264-1315.
2021 “A Positive Theory of the Rule of Law” (with Jens Meierhenrich and Barry R. Weingast) in Meierhenrich, J. and Loughlin, M. The Cambridge Companion to the Rule of Law (Oxford University Press), pp. 237-258.
2021 “Cooperative AI: machines must learn to find common ground” (with Allan Dafoe, Yoram Bachrach, Eric Horvitz, Kate Larson and Thore Graepel) Nature Vol. 593, pp. 33-36.
2021 Rules for a Flat World: Why Humans Invented Law and How to Reinvent It for a Complex Global Economy (Audible audiobook edition)
2020 Rules for a Flat World: Why Humans Invented Law and How to Reinvent It for a Complex Global Economy (Oxford University Press, Paperback edition with a new Foreword)
2019 “Towards Effective Value Alignment in AI: From “Should” to “How”in AI Governance in 2019 - A Year in Review: Observations from 50 Global Experts, Shanghai Institute for Science of Science pp. 19-20
2019 “Striking a Match, Not a Pose, for Access to Justice” Fordham Law Review Online pp. 160-161
2019 “Incomplete Contracts and the AI Alignment Problem” (with Dylan Hadfield-Menell). Proceedings of the AAAI/ACM Conference on AI Ethics and Society (2019), pp. 417-422.
2019 “Legible Normativity for AI Alignment: The Value of Silly Rules” (with Dylan Hadfield-Menell and McKane Andrus) Proceedings of the AAAI/ ACM Conference on AI Ethics and Society (2019), pp. 115-121.
2019 “More Markets, More Justice” Daedalus Vol. 148, pp. 37-48.
2018 “What’s Different About Law? A Response to Omri Ben-Shahar, “The Paradox of Access Justice, and Its Application to Mandatory Arbitration” University of Chicago Law Review Online Vol 86:19, pp. 19-33
2018 “Is Rule of Law an Equilibrium Without Private Ordering?” (with Barry Weingast) in Jack Knight and Melissa Schwartz (eds.) Privatization: NOMOS LX, NYU Press.
2017 Rules for a Flat World: Why Humans Invented Law and How to Reinvent It for a Complex Global Economy Oxford University Press
2017 “The Problem of Social Order: What Should We Count as Law?” Journal of Law and Social Inquiry Vol. 41, pp. 16-27
2016 “Scaffolding: Using Formal Contracts to Build Informal Relations to Support Innovation.” (with Iva Bozovic) Wisconsin Law Review Vol. 2016, pp. 981-1032.
2016 “How to Regulate Legal Services to Promote Access, Innovation, and the Quality of Lawyering.” (with Deborah Rhode). Hastings Law Journal Vol 67, pp. 1191-1223.
2016 “Life in the Law-Thick World: The Legal Resource Landscape for Ordinary Americans.” (with Jamie Heine). In S. Estreicher and J Radice (eds.) Beyond Elite Law: Access to Civil Justice in America (Cambridge: Cambridge University Press).2015 “Building Legal Order in Ancient Athens.” (with Federica Carugati and Barry Weingast) Journal of Legal Analysis Vol. 7, pp. 291-324.
2014 “Microfoundations of the Rule of Law.” (with Barry Weingast) Annual Review of Political Science Vol. 17, pp. 21-42.
2014 “Constitutions as Coordinating Devices.” (with Barry Weingast) S. Galiani and I. Sened (eds.) Institutions, Property Rights, and Economic Growth: The Legacy of Douglass North. (Cambridge: Cambridge University Press).
2014 “Innovating to Improve Access: Changing the Way Courts Regulate Legal Markets.” Daedalus Vol 143, pp. 83-95.
2013 “Democracy, Courts and the Information Order.” (with Dan Ryan) European Journal of Sociology Vol 54, pp. 67-95.
2013 “Law without the State: Legal Attributes and the Coordination of Decentralized Collective Punishment.” (with Barry Weingast) Journal of Law and Courts Vol. 1, pp. 3-34.
2011 “The Dynamic Quality of Law: Judicial Incentives, Legal Human Capital and the Adaptation of Law.” Journal of Economic Behavior and Organization Vol. 79, pp. 80-94.
2011 “Equipping the Garage Guys in Law.” Maryland Law Review Vol 70, pp. 484-498.
2011 Rules for Growth: Promoting Innovation and Growth Through Legal Reform (with R. Litan, et al: The Kauffman Foundation Task Force on Law, Innovation and Growth) Ewing Marion Kauffman Foundation.
2008 “Legal Barriers to Innovation: The Growing Economic Cost of Professional Control over Corporate Legal Markets.” Stanford Law Review Vol. 60pp. 1689-1732; Reprinted in Regulation Vol. 31, No. 3, pp. 14-21
2008 “Framing the Choice between Cash and the Courthouse: Experiences with the 9/11 Victim Compensation Fund.” Law & Society Review Vol. 42, pp. 645-682
2008 “The Levers of Legal Design: Institutional Determinants of the Quality of Law.” Journal of Comparative Economics Vol. 36, pp. 43-73
2006 “On Public versus Private Provision of Corporate Law.” (with Eric Talley) Journal of Law, Economics and Organization Vol. 22, pp. 414-441
2005 “Exploring Economic and Democratic Theories of Litigation: Differences between Individual and Organizational Litigants in the Disposition of Federal Civil Cases.” Stanford Law Review Vol. 57, pp. 1275-1327
2005 “Feminism, Fairness and Welfare: An Invitation to Feminist Law and Economics.” Annual Review of Law and Social Science Vol. 1, pp. 285-306. Reprinted in Lee Anne Fennell and Richard H. McAdams (eds.) Fairness in Law and Economics. Northampton, MA: Edward Elgar (2014)
2005 “The Many Legal Institutions that Support Contractual Commitment.” in Claude Menard and Mary Shirley (eds.) Handbook of New Institutional Economics. Netherlands: Kluwer. pp. 175-203
2004 “Where Have All the Trials Gone? Settlements, Non-trial Adjudications and Statistical Artifacts in the Changing Disposition of Federal Civil Cases.” Journal of Empirical Legal Studies Vol. 1, pp. 705-734
2004 “Delivering Legality on the Internet: Developing Principles for the Private Provision of Commercial Law.” American Law and Economics Review Vol. 6, pp.154-184
1999 “A Coordination Model of the Sexual Division of Labor.” Journal of Economic Behavior and Organization Vol. 40, pp. 125-153
1998 “Information-Based Principles for Rethinking Consumer Protection Policy” (with Robert Howse and Michael Trebilcock). Journal of Consumer Policy Vol. 21, pp.131-169
1996 “Rational Women: A Test for Sex-Based Harassment.” California Law Review Vol. 83, pp. 1151-1189
1994 “Judicial Competence and the Interpretation of Incomplete Contracts.” Journal of Legal Studies Vol. 23, pp. 159 – 184
1992 “Bias in the Evolution of Legal Rules.” Georgetown Law Journal Vol. 80, pp. 583-616; excerpted in Kenneth G. Dau-Schmidt and Thomas S. Ulen (eds.) A Law and Economics Anthology (1998) and reprinted in Paul H. Rubin (ed.) The Evolution of Efficient Common Law (2007), pp.249-282
1991 “Credible Spatial Preemption through Franchising.” RAND Journal of Economics Vol. 22, pp. 531-543
1990 “Problematic Relations: Franchising and the Law of Incomplete Contracts.” Stanford Law Review Vol. 42, pp. 927-992; excerpted in Richard Craswell and Alan Schwartz (eds.) Foundations of Contract Law (1994), pp.203-210
