Books
Sources of Law: The Economics of Lawmaking, Oxford University Press, 2008 (with Vincy Fon).
The Law and Economics of the Anticommons: Issues in Property Law, Elgar, forthcoming 2008 (with Ben Depoorter).
The Language of Law and Ecomonics: A Dictionary, Cambridge University Press (forthcoming).
Responsabilitá Civile Ed Analisi Economica [Tort Law and Economics], Giuffre, 2006 (with Giampaolo Frezza).
The Law and Economics of the European Union, Lexis Publishing, 2003 (with Paul Stephan & Ben Depoorter).
Liability for Negligence and Judicial Descretion, California, 1st ed. 1990 at x-200, California 2nd ed. 1992 at xxiv-459 (with foreword by Peter Stein).
Il Contratto Concluso Mediante Computer [The Formation of Contracts via Computer], Cedam, 1987, at ix-140.
Edited Volumes
Recent Developments in Law and Economics, Elgar, forthcoming (with Robert D. Cooter).
1-20 Handbooks In Law and Economics, Elgar, forthcoming (with Richard A. Posner).
The Law and Economics of Cybersecurity, Cambridge University Press, 2006 (with Mark Grady).
1-16 Economic Approaches to Law, Elgar, 2006 & 2007 (with Richard A. Posner).
The Law and Economics of Irrational Behavior, Stanford University Press, 2005 (with Vernon Smith).
The Origins of Law and Economics: Essays by the Founding Fathers, Elgar, 2005 (with Charles K. Rowley).
Economic Foundations of Private Law, Elgar, 2002 (with Richard A. Posner).
1-3 Collected Economic Papers of Richard A. Posner, Elgar, 2000 & 2001.
1-3 Law and Economics, Elgar, 1997 (with Richard A. Posner).
Articles
"Stability and Change in International Customary Law," 17 Supreme Court Econ. Rev., forthcoming 2009 (with Vincy Fon).
"Legal Innovation and the Compliance Paradox," Minn. J. L. & Sci., forthcoming (with Emanuela Carbonara & Georg von Wangenheim).
"On the Optimal Specificity of Legal Rules," J. Inst. Econ., forthcoming (with Vincy Fon).
"Role-Reversibility, Stochastic Ignorance and Social Cooperation," J. Socio-Econ., forthcoming (with Vincy Fon).
"The Economics of Treaty Ratification," 4 J. L. Econ. & Pol'y, forthcoming 2008 (with Vincy Fon).
"The Paradox of Legal Harmonization," Pub. Choice, forthcoming 2007 (with Emanuela Carbonara).
"Social Networks, Self-Denial, and Median Preferences: Conformity as an Evolutionary Strategy," J. Socio-Econ., forthcoming 2007 (with Jonathan Klick & Jeffrey A. Stoops).
"Substituting Complement," 3 J. Competition L. & Econ. 1-15, 2007 (with Giuseppe Dari-Mattiacci).
"Crowding-Out in Productive and Redistributive Rent-Seeking," 133 Pub. Choice 199-229, 2007 (with Giuseppe Dari-Mattiacci, Eric Langlais & Bruno Lovat).
"The Formation of International Treaties," 3 Rev. L. & Econ. 37-60, 2007 (with Vincy Fon).
"The Comparative Law and Economics of Pure Economic Loss," 27 Int'l Rev. L. & Econ. 29-48, 2007 (with Vernon Palmer & Mauro Bussani).
"Creating Failures in the Market for Tax Planning," 26 Va. Tax Rev. 943-969, 2007 (with Phil Curry & Claire Hill).
"Matching Rules," 28 Manag. & Dec. Econ. 1-14, 2007 (with Vincy Fon).
"Judicial Precedents in Civil Law Systems: A Dynamic Analysis," 26 Int'l Rev. L. & Econ. 519-535, 2006 (with Vincy Fon).
"From 'Tragedy' to 'Disaster': Welfare Effects of Commons and Anticommons Dilemmas," 26 Int'l Rev. L. & Econ. 104-122, 2006 (with Sven Vanneste, A. Van Hiel & Ben Depoorter).
"Two Dimensions of Regulatory Competition," 26 Int'l Rev. L. & Econ. 56-66, 2006 (with Norbert Schulz & Jonathan Klick).
"A Law and Economics Perspective on Terrorism," 128 Pub. Choice 147-168, 2006 (with Nuno Garoupa & Jonathan Klick).
"International Customary Law and Articulation Theories: An Economic Analysis," 2 Int'l L. Mgmt. Rev. 201-232, 2006 (with Vincy Fon).
"The Role of Status Quo Bias and Bayesian Learning in the Creation of New Legal Rights," 3 J. L. Econ. & Pol'y 25-45, 2006 (with Robert L. Scharff).
"Intra-Jurisdictional Tax Competition," 16 Const. Polit. Econ. 387-395, 2005 (with Jonathan Klick).
"Rents, Dissipation, and Lost Treasures: Rethinking Tullock's Paradox," 124 Pub. Choice 411-422, 2005 (with Giuseppe Dari-Mattiacci).
"Causation and Responsibility: The Compensation Principle from Grotius to Calabresi," 64 Md. L. Rev. 108-135, 2005 (with Vincy Fon).
"Duality in Property: Commons and Anticommons," 25 Int'l. Rev. L. & Econ. 578-591, 2005 (with Norbert Schulz & Ben Depoorter).
"Legislate Today or Wait Until Tomorrow? An Investment Approach to Lawmaking," 23 J. Pub. Fin. & Pub. Choice 19-42, 2005 (with Nita Ghei).
"The Modernization of European Antitrust Enforcement: The Economics of Regulatory Competition," 13 Geo. Mason L. Rev. 309-324, 2005 (with Ben Depoorter).
"Problems with the Enforcement of Copyright Law: Is there a Social Norm Backlash?" 12 Int'l J. Econ. Bus. 361-369, 2005 (with Ben Depoorter & Sven Vanneste).
"Litigation, Judicial Path-Dependence, and Legal Change," 20 Eur'n J. Law & Econ. 43-56, 2005 (with Vincy Fon & Ben Depoorter).
"Wealth, Utility and the Human Dimension," 1 N.Y.U. J. L. & Lib. 590-608, 2005 (with Jonathan Klick).
"The Behavioral Foundations of Retaliatory Justice," 7 J. Bioecon. 45-72, 2005 (with Vincy Fon).
"Comparative Causation," 6 Am. L. & Econ. Rev. 345-368, 2004 (with Vincy Fon).
"The Rise and Fall of Communal Liability in Ancient Law," 24 Int'l Rev. L. & Econ. 489-506, 2004 (with Giuseppe Dari-Mattiacci).
"The Harmonization of Legal Warranties in European Law: An Economic Analysis," 52 Am. J. Comp. L. 403-431, 2004.
"Adverse Selection and Moral Hazard in Forum Shopping: Conflict of Laws as Spontaneous Order," 25 Cardozo L. Rev. 1367-1392, 2004 (with Nita Ghei).
"The Value of Waiting in Lawmaking," 18 Eur'n J. Law & Econ. 131-148, 2004 (with Vincy Fon & Nita Ghei).
"Functional Law and Economics: The Search for Value-Neutral Principles of Lawmaking," 79 Chi-Kent L. Rev. 431-450, 2004 (with Jonathan Klick).
"Simultaneous and Sequential Anticommons," 17 Eur'n J. Law & Econ. 175-190, 2004 (with Norbert Schulz & Ben Depoorter).
"Positive, Normative and Functional Schools in Law and Economics," 18 Eur'n J. Law & Econ. 259-272, 2004.
"Liability for Pure Financial Loss in Europe: An Economic Restatement," 51 Am. J. Comp. L. 113-162, 2003 (with Mauro Bussani & Vernon Palmer).
"Litigation and the Evolution of Legal Remedies: A Dynamic Model," 116 Pub. Choice 419-433, 2003 (with Vincy Fon.
"Reciprocity-Induced Cooperation," 159 J. Instit. & Theo. Econ. 76-92, 2003 (with Vincy Fon).
"The Cost of Delegated Control: Vicarious Liability, Secondary Liability and Mandatory Insurance," 23 Int'l Rev. L. & Econ. 453-475, 2003 (with Giuseppe Dari-Mattiacci).
"Political Coase Theorem," 115 Pub. Choice 1-36, 2003.
"The Disunity of Unanimity," 14 Const. Polit. Econ. 83-94, 2003 (with Jonathan Klick).
"Fragmentation of Property Rights: A Functional Interpretation of the Law of Servitudes," 3 Global Jur.: Frontiers 2: 1-41, 2003 (with Ben Depoorter).
"Treaty Reservations and the Economics of Article 21 of the Vienna Convention," 21 Berkeley J. Int'l L. 100-126, 2003 (with Catherine Sevcenko).
"The Role of Reciprocity in International Law," 36 Cornell Int'l L. J. 93-123, 2003 (with Nita Ghei).
"Fair Use and Copyright Protection: A Price Theory Explanation," 21 Inn's Rev. L. Econ. 453-473, 2002 (with Ben Depoorter).
"Rethinking Forum Shopping in Cyberspace," 77 Chi-Kent L. Rev. 1325-1355, 2002 (with Kimberly A. Moore).
"Rent-Seeking Through Litigation: Adversarial and Inquisitorial Systems Compared," 22 Int'l. Rev. L. & Econ. 193-216, 2002.
"Entropy in Property," 50 Am. J. Comp. L. 595-622, 2002.
"Fragmentation in Property: Towards a General Model," 158 J. Instit. & Theor. Econ. 594-613, 2002 (with Norbert Schulz & Ben Depoorter).
"Votes and Outcomes: Rethinking the Politics-Like-Markets Metaphor," 13 Eur. J. L. & Econ. 183-192, 2002.
"Freedom of Contract and the Laws of Entropy," 10 Supreme Court Econ. Rev. 65-90, 2002.
"The Differential Calculus of Consent," 20 J. Pub. Fin. & Pub. Choice 115-123, 2002 (with Jonathan Klick).
"Lessons from the Anticommons: The Economics of Tasini v. New York Times," 90 Ky. L. J. 295-328, 2002 (with Catherine Sevcenko).
"Floor Versus Screen Trading in the Stock Market: Comment," 158 J. Instit. & Theor. Econ. 55-62, 2002.
"The Genesis of Liability in Ancient Law," 3 Am, L, Econ, Rev, 82-124, 2001.
"Sources of Law and the Institutional Design of Lawmaking," 20 J. Pub. Finance & Pub. Choice 100-125, 2001.
"The Cost of the Game: A Taxonomy of Social Interactions," 9 Eur. J. L. & Econ. 99-114, 2000.
"The Market for Votes: Coasian Bargaining in an Arrovian Setting," 6 Geo. Mason L. Rev. 745-766, 1998.
"The Rise of Structuralism in European Merger Policy," 32 Stan. J. Int'l L. 15-40, 1996 (with Alessandro Bertolini).
"Toward a Theory of Spontaneous Law," 6 Constit. Polit. Econ. 211-231, 1995.
"Private Property and Social Costs," 2 Eur. J. L. & Econ. 149-173, 1995.
"Alterum non Laedere: An Intellectual History of Civil Liability," 39 Am. J. Juris. 317-351, 1994.
Selected Book Contributions
"Harmonizing European Law: Bargaining, Competition and Legal Obsolescence," in Hans-Bernd Schaefer Festschrif, J. Bigus, T. Eger, C. Ott & G. von Wangenheim, eds., forthcoming (with Emanuela Carbonara).
"Harmonization of European Private Law: An Economic Analysis," in European Private Law. A Handbook, M. Bussani & F. Werro eds., Staempfli Publications Ltd., forthcoming.
"Functional Law and Economics," in Norms and Values in Law and Economics, A.N. Hatzis ed., Routledge, forthcoming 2008.
"Sources of Law and the Production of Legal Rules: An Economic Perspective," in Economic Analysis of Law: A European Perspective, A. Hatzis ed., Elgar, forthcoming 2008.
"The Economics of Legal Harmonization in European Tort Law," in European Tort Law: Eastern and Western Perspectives, 103-120, M. Bussani, ed., 2007.
"Entropy and the Asymmetric Coase Theorem," in Property Rights Dynamics: A Law and Economics Perspective, 54-76, D. Porrini & G. Ramello eds., 2007.
"The Rise and Fall of Functional Property," in Property Rights Dynamics: A Law and Economics Perspective, 19-39, D. Porrini & G. Ramello eds., 2007.
"Bijural Services as Factors of Production" (comment), in Bijuralism: An Economic Approach, 65-70, A. Breton & M.J. Trebilcock eds., 2006.
"Legislation and Countervailing Effects from Social Norms," in Evolution and Design of Institutions, 25-55, C. Schubert & G. von Wangenheim eds., 2006 (with Georg von Wangenheim).
"The Economics of Tort Law," in Elgar Companion to Law and Economics, 87-102, J.G. Backhaus ed., 2nd ed., 2005 (with Giuseppe Dari-Mattiacci).
"Commons and Anticommons," in Elgar Companion to Law and Economics, 74-83, J.G. Backhaus ed., 2nd ed., 2005.
"The Origins and Evolution of Property Rights Systems," in Elgar Companion to Property Right Economics, 64-84, E. Colombatto ed., 2004.
"The Market for Intellectual Property: The Case of Complementary Oligopoly," in The Economics of Copyright: Developments in Research and Analysis, 158-171, W. Gordon & R. Watt eds., 2003 (with Ben Depoorter).
"Recovery for Pure Financial Loss: Economic Foundations of a Legal Doctrine," in Pure Economic Loss in Europe, 75-93, M. Bussani & V. Palmer eds., 2003.
"Family Law and Successions," in Introduction to Italian Law, 435-458, J.S. Lena & U. Mattei eds., 2001 (with Giampaolo Frezza).
"Coase Theorem and Transaction Cost Economics in the Law," in Elgar Companion to Law and Economics, 7-39, J.G. Backhaus ed., 1999.
"The Economics of Customary Law: Lessons From Evolutionary Socio-Biology," in Essays in Law and Economics IV, 245-269, C. Ott & B.G. Von Wangenheim eds., 1998.
"Law as a Voluntary Enterprise," in The Jurisprudence of Liberty, 111-128, S. Ratnapala & B.G. Moens eds., 1996.
Works in Progress
"Economic Analysis of Law" (accepted by West Publishing) (with Robert D. Cooter & Thomas Ulen).
"Comparative Law and Legal Institutions" (accepted by Aspen) (with Thomas Ginsburg & Guy Seidman).
"The Emergence of Law".