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Articles

How To Grade Law Students Taking 'Paper Classes' Given Student Access to Artificial Intelligence Programs: The Experience From One Class, 47 University of Arkansas at Little Rock Law Review 1 (forthcoming 2024)

"Reverse Divisibility" and "Subsequent Modification": Expanding the Scope of Justified Non-Performance in Multiple Contract Situations, 17 Wake Forest Law Review 92 (2024)

Will the Public Service Loan Forgiveness Program Ever Forgive Any Loans?, 421 Connecticut Law Review 625 (2019)
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The Public Service Loan Forgiveness Program: The Need for Better Employment Eligibility Regulations, 66 Buffalo Law Review 819 (2018)
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Does Failure to Mitigate Damages Bar Recovery of the Costs of Mitigation?, 46 Hofstra Law Review 827 (2018)

Presenting a Critical Perspective on 'Economic Efficiency' in Law and Economics Courses, 71 ÃÛÌÒ½´Law Review 315 (2018)

The Obama Administration's new "REPAYE" Plan for Student Loan Borrowers: Not Much Help for Law School Graduates, 35 Quinnipiac Law Review 323 (2017)
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Should We Defuse the "Tax Bomb" Facing Lawyers Who are Enrolled in Income-Based Student Loan Repayment Plans? 68 South Carolina Law Review 117 (2017)
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The Family Office Exclusion under the Investment Advisers Act of 1940, 69 ÃÛÌÒ½´Law Review 97 (2016) (with Nathan Crow)
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Will the Income-Based Repayment Program Enable Law Schools to Continue to Provide 'Harvard-Style' Legal Education?, 67 ÃÛÌÒ½´Law Review 51 (2014)
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Teaching Contract Law Through Common Law Analysis: The UC-Irvine Experiment, 66 ÃÛÌÒ½´Law Review 341 (2013)

Teaching Contract Law: Introducing Students to a Critical Perspective Through Indentured Servitude and Sharecropper Contracts, 66 ÃÛÌÒ½´Law Review 351 (2013)
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Who is Liable for Attorney's Fees under Texas Civil Practice & Remedies Code Section 38.001 in Breach of Contract Litigation?, 65 ÃÛÌÒ½´Law Review 71 (2012)
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Misbehavior and Mistake in Bankruptcy Mortgage Claims, 45 Creighton Law Review 361 (2012)
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The Underappreciated Importance of the Sequence in Which the Issues are Raised in Contract Litigation, 46 New England Law Review (On Remand) 37 (2011)
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Cost-Benefit Analysis: Not a Suitable Approach for Evaluating Climate Regulation Policies, 2 Washington & Lee Journal of Energy, Climate and the Environment 227 (2011)
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The Trillion Dollar Problem of Underwater Homeowners: Avoiding a New Surge of Foreclosures by Encouraging Principal-Reducing Modifications, 51 Santa Clara Law Review 153 (2011)
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Green Cards for Foreign House Buyers: A Way to Help Stabilize Housing Prices, 45 Tulsa Law Review 471 (2010)
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The Endogeniety Problem in Cost-Benefit Analysis: Valuing Policies That Alter Preferences or Genetic Identities, 8 Georgetown Journal of Law & Public Policy 91 (2010)
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How Recognizing the Endogeniety of Identity Renders the Discounting Debate Largely Irrelevant, 30 Journal of Land, Resources & Environmental Law 75 (2010)
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Further Reflections on Post-Realist Legal Scholarship and Teaching: A Brief Response to Professor Scordato, 50 Santa Clara Law Review 281 (2010)
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A Brief Reflection on the Problem of Person-Altering Consequences, 2 Journal of Applied Economy 13 (2009)
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Incorporating Endogenous Preferences in Cost-Benefit Analysis, 17 Penn State Environmental Law Review 157 (2009)
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The Fatal Flaw of Cost-Benefit Analysis: The Problem of Person-Altering Consequences, 38 Environmental Law Reporter 10703 (2008)

Choice of Law in Veil Piercing Litigation: Courts Should Discard the Internal Affairs Rule and Embrace General Choice of Law Principles, 64 NYU Annual Survey of American Law 85 (2008)
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Would It be Unethical to Dump Radioactive Wastes in the Ocean? The Surprising Ethical Implications of the Person-Altering Consequences of Policies, 1 Ecology Law Currents 1 (2008); reprinted as Chapter 2 of WASTE MANAGEMENT ENVIRONMENTAL IMPACT, (L. Lakshmi, ed., 2008)
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Clarifying the Boundary Between the Parol Evidence Rule and the Rules Governing Subsequent Oral Modifications, 34 Ohio Northern University Law Review 71 (2008)
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What’s Wrong With Dumping Radioactive Wastes in the Ocean? The Surprising Ethical Implications of the Problem of Person-Altering Consequences, 37 Environmental Law Reporter 10873 (2007)

Maximizing the Wealth of Fictional Shareholders: Which Fiction Should Directors Embrace?, 32 Journal of Corporation Law 381 (2007)
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Valuation in Cost-Benefit Analysis: Choosing Between Offer Prices and Asking Prices as the Appropriate Measure of Willingness to Pay, 39 John Marshall Law Review 429 (2006)
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Standards of Conduct and Standards of Review in Corporate Law: The Need for Closer Alignment, 82 Nebraska Law Review 671 (2004)
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Is a Signed Offer Sufficient to Satisfy the Statute of Frauds?, 80 North Dakota Law Review 1 (2004)
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Judicial and Law Review Citation Frequencies for Articles Published in Different 'Tiers' of Law Journals: An Empirical Analysis, 44 Santa Clara Law Review 897 (2004)
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The Influence of Two Decades of Contract Law Scholarship on Judicial Rulings: An Empirical Analysis, 57 ÃÛÌÒ½´Law Review 105 (2004)
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Redefining the Fiduciary Duties of Corporate Directors in Accordance with the Team Product, 36 Creighton Law Review 623 (2003)
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Rethinking Corporate Fiduciary Duties: The Inefficiency of the Shareholder Primacy Norm, 55 ÃÛÌÒ½´Law Review 141 (2002)
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Selling Structured Settlements: The Uncertain Effect of Anti-Assignment Clauses, 28 Pepperdine Law Review 787 (2001)

The Enforcibility of Fixed-Term Employment Contracts that Conflict with Corporate Bylaws, 36 Tulsa Law Journal 583 (2001)

The Influence of a Decade of Statutory Interpretation Scholarship on Judicial Rulings: An Empirical Analysis, 53 ÃÛÌÒ½´Law Review 9 (2000)

Ranking Specialized Law Reviews: A Methodological Critique, 26 Florida State University Law Review 837 (1999)

Ranking the Environmental Law, Natural Resources Law and Land Use Planning Journals: A Survey of Expert Opinion, 23 William & Mary Environmental Law & Policy Review 273 (1998)

Exploring the Complicationist Gambit: An Austrian Approach to the Economic Analysis of Law, 73 Notre Dame Law Review 316 (1998)

Ranking International and Comparative Law Journals: A Survey of Expert Opinion, 31 International Lawyer 869 (1997)

Does the Chicago School Need to Expand Its Curriculum? LAW AND ECONOMICS: NEW AND CRITICAL PERSPECTIVES (Robin Paul Malloy and Christopher Braun, eds., P. Lang 1995) 22 Law & Social Inquirer 149 (1997) (book review)

Putting the Chicago School Debate in Proper Perspective, 22 Law & Social Inquirer 201-207 (1997)

Comparing American and New Zealand Legal Education: Are American Law Schools Too Good?, 30 Vanderbilt Transactional Law Journal 31-57 (1997)
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