Research
Edited Volume
- Research Handbook on Behavioral Law and Economics, Edward Elgar Publishing (2018) (ed. with Joshua C. Teitelbaum) (electronic version)
Book Chapters
- What Explains Observed Reluctance to Trade? A Comprehensive Literature Review (2018), in Research Handbook on Behavioral Law and Economics, Edward Elgar Publishing (ed. Joshua C. Teitelbaum and Kathryn Zeiler)
- Do Damages Caps Reduce Medical Malpractice Insurance Premiums?: A Systematic Review of Estimates and the Methods Used to Produce Them, in Research Handbook on the Economics of Torts, edited by Jennifer Arlen (2013) (with Lorian Hardcastle)
Journal Articles
- The Transparency of Quantitative Empirical Legal Research (2018-2020), F1000 Research 12:144 (2024) (with Jason Chin, Natali Dilevski, Alex O. Holcombe, Rosemary Gatfield-Jeffries, Ruby Bishop, Simine Vazire, Sarah Schiavone) (version 2; version 1 peer review: 3 approved)
Selected for Conference for Empirical Legal Studies, 2021 (Toronto Law)
- Metaresearch, Psychology, and Law: A Case Study on Implicit Bias, Connecticut Law Review 56(1):225 (2023) (with Jason M. Chin, Alex O. Holcombe, Patrick S. Forscher, Ann Guo)
- Reproducibility in Empirical Legal Research, Annual Review of Law and Social Science 17:239 (2021) (with Jason M. Chin)
- Improving the Credibility of Empirical Legal Research: Practical Suggestions for Researchers, Journals, and Law Schools, Law, Technology and Humans 3(1) (2021) (with Jason M. Chin, Crystal Steltenpohl, David Mellor, Alexander DeHaven, Alexander O. Holcombe, Justin Pickett, Simine Vazire, Tobias Heycke)
- Law, Technology, and Patient Safety, DePaul Law Review 68(2):459 (2019) (with Gregory Hardy)
- Mistaken about Mistakes, European Journal of Law & Economics 48(1):9 (2018)
- The Future of Empirical Legal Scholarship: Where Might We Go From Here?, Journal of Legal Education 66(1):78 (Autumn 2016)
- Against Endowment Theory: Experimental Economics and Legal Scholarship, UCLA Law Review 61:2 (2013) (with Gregory Klass)
- The Willingness to Pay-Willingness to Accept Gap, the “Endowment Effect,” Subject Misconceptions, and Experimental Procedures for Eliciting Valuations: Reply, American Economic Review 101(2):1012 (April 2011) (with Charles R. Plott)
- Cautions on the Use of Economics Experiments in Law, Journal of Institutional and Theoretical Economics 166(1):178 (March 2010)
- Medical Malpractice Liability Crisis or Patient Compensation Crisis?, 59 DePaul Law Review, Rising Stars Symposium 675 (Winter 2010)
- Malpractice Payouts and Malpractice Insurance: Evidence from Texas Closed Claims, 1990-2003, The Geneva Papers on Risk and Insurance: Issues and Practice 33:177 (2008) (with Charles Silver, Bernard Black, David Hyman, and William Sage)
- Empirical Health Law Scholarship: The State of the Field, Georgetown Law Journal 96:649 (2008) (with Michelle M. Mello)
- Exchange Asymmetries Incorrectly Interpreted as Evidence of Endowment Effect Theory and Prospect Theory?, American Economic Review 97:1449 (September 2007) (with Charles R. Plott)
- Physicians’ Insurance Limits and Malpractice Payments: Evidence from Texas Closed Claims, 1990-2003, Journal of Legal Studies 36:S2 (June 2007) (with Charles Silver, Bernard Black, David Hyman and William Sage)
Reprinted in Law and Economics of Insurance, edited by Daniel Schwarcz (2011)
- Do Defendants Pay What Juries Award? Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988-2003, Journal of Empirical Legal Studies 4:3 (March 2007) (with Bernard Black, David Hyman, William Sage and Charles Silver)
- Common Law Disclosure Duties and the Sin of Omission: Testing the Meta-theories, Virginia Law Review 91(7):1795 (December 2005) (with Kimberly Krawiec)
- Turning from Damage Caps to Information Disclosure: A New Approach to Tort Reform, Yale Journal of Health Policy, Law, and Ethics 5(1):385 (Winter 2005)
- The Willingness to Pay/Willingness to Accept Gap, The “Endowment Effect,” Subject Misconceptions and Experimental Procedures for Eliciting Valuations, American Economic Review 95(3):530 (June 2005) (with Charles R. Plott)
Reprinted in (1) The International Library of Critical Writings in Economics, New Developments in Experimental Economics, Vol. 1, edited by Enrica Carbone and Chris Starmer (2007)
(2) Experimental Law and Economics, edited by Jennifer Arlen and Eric Talley (2008)
(3) Valuing Environment and Natural Resources, edited by Kenneth G. Willis and Dr. Guy Garrod (2011)
Commentary
- Investigating the Politics of Legal Empirics: Possible Next Steps, Journal of Institutional and Theoretical Economics (2018)
- Communication-and-Resolution Programs: The Jury Is Still Out, JAMA Intern Med. (October 9, 2017)
- The Peer Review System No Longer Works to Guarantee Academic Rigour — A Different Approach is Needed, The Conversation (November 22, 2024) (with Stephen Pinfield and Ludo Waltman)
- Celebrating 70 Years of Health Law at BU, American Journal of Law & Medicine (forthcoming)
(with the Boston University Health Law Program Faculty)
Works in Progress
- Reforming Research Misconduct Investigations: Lessons from Criminal Procedure (with Jason
Chin) (documenting research institution influence over revised federal research misconduct
regulations and proposing protocols for university investigations that balance reputation
protection and rapid scientific record correction)
- What We Should Know About the Reliability of Empirical Legal Studies (forthcoming in DePaul
Law Review)
- The Promise of Empirics (summarizing findings from the field of metaresearch that inform our
assessment of the reliability of empirical legal studies; based on 2023 American Law and Economics Association Annual Meeting Presidential Keynote Address)
- Replicability of Quantitative Empirical Studies Cited in U.S. Supreme Court Opinions (with
Jason Chin and Patrick Forscher) (mass computational replication project to gauge the
reliability of studies relied on by the U.S. Supreme Court in merits decisions)
- Statistical Power in Empirical Legal Studies (with Jason Chin) (estimating the portion of
empirical legal studies that explicitly justify sample sizes)
Unpublished Manuscripts
- Medical Malpractice and Contract Disclosure: An Equilibrium Model of the Effects of Legal Rules on Behavior in Health Care Markets (a game-theoretic model of how contract disclosure rules, damages caps and tortfeasor rules influence MCO/physician contract choices, treatment decisions and medical malpractice litigation decisions)
Dissertation
