Since Fall 2000, faculty members at the University of Illinois College of Law have published their recent scholarly papers online through the Legal Scholarship Network of the Social Science Research Network. More recently, faculty members have begun publishing online through Berkeley Electronic Press.

The online publication of works-in-progress and of forthcoming articles has become increasingly popular among top-flight law faculty, and the College of Law faculty is very pleased to have joined in this exciting enterprise.

Illinois Law & Economics papers published to date in this series are shown below with authors and titles. The papers are arranged based on the year they first appeared online, although some of the papers were revised in later years. Some of these papers have been published in leading journals since their posting. Please check with the author if you would like to have a reprint of the article as published.

The title link will take you to an abstract page on SSRN or BePress from which you may download the full-text paper or contact the author for a current version. If you would like to have hard copies of any of these papers mailed to you, please contact Sally Cook at (217) 333-9851 or scook@law.uiuc.edu

2005 Papers 

Cross-Listing and Regulatory Competition (PDF)
Review of Law & Economics: Vol. 1: No. 1, Article 7
Larry E. Ribstein
University of Illinois College of Law

Wall Street and Vine: Hollywood's View of Business
Larry E. Ribstein
University of Illinois College of Law

Initial Reflections on the Law and Economics of Blogging
Larry E. Ribstein
University of Illinois College of Law

The Security of Social Security Benefits and the President's Proposal
The ElderLaw Report, Vol. 16, Np. 9, pp. 1-5, April 2005
Richard L. Kaplan
University of Illinois College of Law

Conformity to Inegalitarian Conventions and Norms: The Contribution of Coordination and Esteem
The Monist, Vol. 88, 2005
Richard H. McAdams
University of Illinois College of Law

International Judicial Lawmaking
Virginia Journal of International Law, Vol. 45, Spring 2005
Tom Ginsburg
University of Illinois College of Law

The Market for Private Dispute Resolution Services - An Empirical Re-Assessment of ICANN-UDRP Performance
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida

Why 'Bad' Patents Survive in the Market and How Should We Change? - The Private and Social Costs of Patents
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida

Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas, 1988-2002
Bernard S. Black, Charles Silver, David A. Hyman and William M. Sage
University of Texas at Austin - School of Law, University of Texas Law School, University of Illinois College of Law and Columbia Law School

Taking Eminent Domain Apart [also available on BePress]
Michigan State Law Review, p. 957, 2004
Lee Anne Fennell
University of Illinois College of Law

2004 Papers

Locked in Segregation [also available on BePress]
Virginia Journal of Social Policy and the Law, Vol. 12, No. 957
Daria Roithmayr
University of Illinois College of Law

Convergence and Competition in Rules Governing Lawyers and Auditors
[also available on BePress]
Journal of Corporation Law, Vol. 29, Forthcoming
Richard W. Painter
University of Illinois College of Law

Regulatory Competition in EU Corporate Law After Inspire Art: Unbundling Delaware's Product for Europe [also available on BePress]
Christian Kirchner, Richard W. Painter and Wulf A. Kaal
Humboldt University of Berlin - Faculty of Law, University of Illinois College of Law and University of Illinois College of Law

The Unreluctant Litigant? An Empirical Analysis of Japan's Turn to Litigation
[also available on BePress]
Tom Ginsburg and Glenn P. Hoetker
University of Illinois College of Law and University of Illinois at Urbana-Champaign - Department of Business Administration

Cracking the Conundrum: Toward a Rational Financing of Long-Term Care
[also availabe on BePress]
University of Illinois Law Review, Vol. 2004, No. 1
Richard L. Kaplan
University of Illinois College of Law

A Standard Form Approach to Same-Sex Marriage [also available on BePress]
Creighton Law Review, Vol. 38, p. 309, 2005
Larry E. Ribstein
University of Illinois College of Law

Expressive Adjudication [also available on BePress]
Richard H. McAdams
University of Illinois College of Law

Are Partners Fiduciaries? [also available on BePress]
Illinois Law Review, Symposia Issue, Vol. 2005, No. 1, February 2005
Larry E. Ribstein
University of Illinois College of Law

Revealing Options
Harvard Law Review, Vol. 118, March 2005
Lee Anne Fennell
University of Illinois College of Law

The Economic Case for Cyberinsurance [also available on BePress]
SECURING PRIVACY IN THE INTERNET AGE, Stanford University Press, 2005
Jay P. Kesan, Ruperto P. Majuca and William J. Yurcik
University of Illinois College of Law, University of Illinois at Urbana-Champaign - Department of Economics and University of Illinois at Urbana-Champaign - National Center for Supercomputing Applications (NCSA)

Book Review - Democracy, Markets and Doomsaying: Is Ethnic Conflict Inevitable?
[also available on BePress]
Berkeley Journal of International Law, Forthcoming
Tom Ginsburg
University of Illinois College of Law

Adjudicating in Anarchy: An Expressive Theory of International Dispute Resolution
William & Mary Law Review, Forthcoming
Tom Ginsburg and Richard H. McAdams
University of Illinois College of Law and University of Illinois College of Law

Mother of All Conflicts: Auditors and Their Clients
Richard Kaplan
University of Illinois College of Law

The Market for Elite Law Firm Associates
Tom Ginsburg and Jeffrey A. Wolf
University of Illinois College of Law and Research Associate, Program in Asian Law, Politics and Society, University of Illinois College of Law

Enron, Pension Policy, and Social Security Privitization
Richard L. Kaplan
University of Illinois College of Law

Economic Inequality and the Role of Law
Richard L. Kaplan
University of Illinois College of Law

2003 Papers

Leximetrics: Why the Same Laws are Longer in Some Countries than Others
Robert D. Cooter and Tom Ginsburg
University of California, Berkeley - School of Law (Boalt Hall) and University of Illinois College of Law

Testing the Focal Point Theory of Legal Compliance: Expressive Influence in an Experimental Hawk/Dove Game
Richard H. McAdams and Janice Nadler
University of Illinois College of Law and Northwestern University School of Law

Money and Politics: A Review of Ackerman & Ayres, Voting with Dollars
University of Illinois Law Review, Forthcoming
Thomas S. Ulen
University of Illinois College of Law

A Nobel Prize in Legal Science: Theory, Empirical Work, and the Scientific Method in the Study of Law
University of Illinois Law Review, Vol. 2002, No. 4
Thomas S. Ulen
University of Illinois College of Law

Introduction to the Symposium on Empirical and Experimental Methods in Law
University of Illinois Law Review, Vol. 2002, No. 4
Richard H. McAdams and Thomas S. Ulen
University of Illinois College of Law and University of Illinois College of Law

Symposium on Empirical and Experimental Methods in Law: Table of Contents and Contact Information
University of Illinois Law Review, Vol. 2002, No. 4
Thomas S. Ulen
University of Illinois College of Law

What Do Patents Purchase? In Search of Optimal Ignorance in the Patent Office
Houston Law Review, Vol. 40, p. 1219, 2004
Shubha Ghosh and Jay P. Kesan
State University of New York - Law School and University of Illinois College of Law

Solidarity and Multiculturalism
THEORY OF LAW AND SOCIETY, Duncker & Humblot Publishers, Berlin, December 2003
Jan M. Broekman
University of Illinois College of Law

International Implications of Sarbanes-Oxley: Raising the Rent on U.S. Law
Journal of Corporate Law Studies, Vol. 3, No. 2, 2003
Larry E. Ribstein
University of Illinois College of Law

Fiduciary Duties and Limited Partnership Agreements
Larry E. Ribstein
University of Illinois College of Law

The Structure of the Fiduciary Relationship
Larry E. Ribstein
University of Illinois College of Law

U.S. Plant Variety Protection: Sound and Fury...?
Houston Law Review, Symposium on the Future of Patent Law, Vol. 39, p. 727, 2002
Jay P. Kesan and Mark D. Janis
University of Illinois College of Law and University of Iowa, College of Law

Privacy and Firms
Denver University Law Review, Forthcoming
Bruce H. Kobayashi and Larry E. Ribstein
George Mason University School of Law and University of Illinois College of Law 

2002 Papers

Open Competition in League Sports
Wisconsin Law Review, p. 625, 2002
Stephen F. Ross and Stefan Szymanski
University of Illinois College of Law and University of London - Imperial College of Science, Technology and Medicine

From Efficiency to Politics in Contractual Choice of Law
Georgia Law Review, Forthcoming
Larry E. Ribstein
University of Illinois College of Law

Light, Less-Filling, It's Blue Ribbon!
Cardozo Law Review, Vol. 23, p. 1675, 2002
Stephen F. Ross
University of Illinois College of Law

Market vs. Regulatory Responses to Corporate Fraud: A Critique of the Sarbanes-Oxley Act of 2002
Journal of Corporation Law, Vol. 28, No. 1
Larry E. Ribstein
University of Illinois College of Law

Roundtable Discussion: Corporate Governance
As published in Chicago-Kent Law Review, Vol. 77, pp. 235-49, 2001
William J. Carney, Jack B. Jacobs, Richard W. Painter, Robert Pritzker and Robert H. Sitkoff
Emory University School of Law, Delaware Court of Chancery, University of Illinois College of Law, Colson Associates, Inc. and Northwestern University School of Law

Takeover Defenses under Delaware Law, the Proposed Thirteenth EU Directive and the New German Takeover Law: Comparison and Recommendations for Reform
American Journal of Comparative Law, 2002
Richard W. Painter and Christian Kirchner
University of Illinois College of Law and Humboldt University of Berlin - Faculty of Law

Carrots and Sticks to Create a Better Patent System
Berkeley Technology Law Journal, Vol. 17, No. 2, pp. 763-797, Spring 2002
Jay P. Kesan
University of Illinois College of Law

Words that Kill: An Economic Perspective on Hate Speech and Hate Crimes
Dhammika Dharmapala and Richard H. McAdams
University of Connecticut - Department of Economics and University of Illinois College of Law

Health Policy, Health Insurance, and the Social Contract
Comparative Labor Law and Policy Journal, Vol. 21, pp. 397-421, Winter 2000
Robert Rich
University of Illinois College of Law

2001 Papers

Optimizing Regulation of Electronic Commerce
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida

Cyber-Working or Cyber-Shirking?: A First Principles Examination of Electronic Privacy in the Workplace
As published in Florida Law Review, Vol. 54, P. 289, 2002
Jay P. Kesan
University of Illinois College of Law

Democracy and the Internet: Cass R. Sunstein, Republic.Com. Princeton, NJ. Princeton University Press. Pp. 224. 2001
Journal of Law, Technology and Policy, No. 2, Fall 2001
Thomas S. Ulen
University of Illinois College of Law

The Death of Consumer Bankruptcy in the United States?
Bankruptcy Developments Journal, Fall 2001
Charles Jordan Tabb
University of Illinois College of Law

Funding a Grandchild's College Education
Journal of Retirement Planning, September-October 2001
Richard L. Kaplan
University of Illinois College of Law

The '.us' Internet Domain
Peter B. Maggs
University of Illinois College of Law

Do We Need the Corporate Self-Evaluative Privilege?
Jay P. Kesan and Birendra K. Mishra
University of Illinois College of Law and University of Texas at Dallas - Department of Accounting & Information Management

Economic Analysis and the Design of Constitutional Courts
Theoretical Inquiries in Law, December 2001
Tom Ginsburg
University of Illinois College of Law

Intellectual Property Protection and Agricultural Biotechnology A Multidisciplinary Perspective
American Behavioral Scientist, Vol. 44, No. 3, pp. 464-503, November 2000
Jay P. Kesan
University of Illinois College of Law

Direct Measures: An Alternative Form of Affirmative Action
Michigan Journal of Race and the Law, Fall 2001
Daria Roithmayr
University of Illinois College of Law

Patents as Incomplete Contracts: Aligning Incentives for R&D Investment with Incentives to Disclose Prior Art
Washington University Journal of Law and Policy Vol. 2, No. 23, 2000
Jay P. Kesan and Marc Banik
University of Illinois College of Law and University of Quebec at Montreal, Centre Interuniversitaire de Recherche sur la Science et la Technologie (CIRST)

Encouraging Firms to Police Themselves: Strategic Presentations to Promote Corporate Self-Auditing
University of Illinois Law Review, Vol. 155, 2000
Jay P. Kesan
University of Illinois College of Law

Fool Us Once Shame On You - Fool Us Twice Shame On Us: What We Can Learn From the Privatizations of the Internet Backbone Network and the Domain Name System
As published in Washington University Law Quarterly, Vol. 79, P. 89, 2001
Jay P. Kesan and Rajiv C. Shah
University of Illinois College of Law and University of Illinois at Urbana-Champaign - Institute of Communications Research (ICR)

The Condorcet Jury Theorem and the Expressive Function of Law: A Theory of Informative Law
Dhammika Dharmapala and Richard H. McAdams
University of Connecticut - Department of Economics and University of Illinois College of Law

Network Economic Effects and the Limits of GTE Sylvania's Efficiency Analysis
As published in Antitrust Law Journal, Vol. 68, pp. 945-965, 2001
Stephen F. Ross
University of Illinois College of Law

Signaling Discount Rates: Law, Norms, and Economic Methodology
Yale Law Journal, Vol. 110, 2001
Richard H. McAdams
University of Illinois College of Law

Conventions and Norms (Philosophical Aspects)
International Encyclopedia of Social & Behavioral Sciences, 2001
Richard H. McAdams
University of Illinois College of Law

Barriers to Entry: A Market Lock-In Model of Discrimination
As published in Virginia Law Review, Vol. 86, 2000, (U Illinois Law & Economics RPS version)
Daria Roithmayr
University of Illinois College of Law

A Focal Point Theory of Expressive Law
As published in Virginia Law Review, Vol. 86, pp. 1649-1729, November 2000, (U Illinois Law & Economics RPS version)
Richard H. McAdams
University of Illinois College of Law

Comparative Administrative Procedure: Evidence from Northeast Asia
Tom Ginsburg
University of Illinois College of Law

An Attitudinal Theory of Expressive Law
Oregon Law Review, Vol. 79, pp. 339-390, Summer 2000
Richard H. McAdams
University of Illinois College of Law

The Marketing of Philanthropy and the Charitable Contributions Deduction
John D. Colombo
University of Illinois College of Law

The Paradox of Family Privacy
Vanderbilt Law Review, Vol. 53, P. 527, 2000
David D. Meyer
University of Illinois College of Law

Open Competition in League Sports
Stefan Szymanski and Stephen F. Ross
University of London - Imperial College of Science, Technology and Medicine and University of Illinois College of Law

The Economics of Germany's Shop Closing Hours Regulation
Christian Kirchner and Richard W. Painter
Humboldt University of Berlin - Faculty of Law and University of Illinois College of Law

Law and Behavioral Science: Removing the Rationality Assumption from Law and Economics
California Law Review, Vol. 88, 2000
Russell B. Korobkin and Thomas S. Ulen
University of California, Los Angeles - School of Law and University of Illinois College of Law

The Curious Evolution of Individual Retirement Accounts
Tax Notes, Vol. 87, P. 671, 2000
Richard L. Kaplan
University of Illinois College of Law