Mitu Gulati
Works in Progress
- Innovation Versus Encrustation: Agency Costs in Contract Reproduction (July 18, 2020) (with others)
- Unlawfully-Issued Sovereign Debt (July 09, 2020) (with Mark C. Weidemaier)
- Contracts of Inattention (May 10, 2020) (with Marcel Kahan)
- Make-Wholes in Sovereign Bonds (Not Sure Why They Are There, but They May Be Free) (April 03, 2020) (with Ugo Panizza)
- The Price of Law: The Case of the Eurozone's Collective Action Clauses (October 19, 2018) (with others)
- How Good Is the Public Data on Sovereign Bond Contracts? (May 21, 2018) (with others)
- Sleeping Giant Contracts (August 25, 2019) (with Marcel Kahan)
- Nailing the Flag to the Mast – Promises of Super-Priority in Public Debt (August 05, 2019) (with others)
- When Governments Promise to Prioritize Public Debt: Do Markets Care? (April 13, 2019) (with others)
- Maduro Bonds (September 18, 2018) (with Ugo Panizza)
- Hidden Holdouts: Contract Arbitrageurs and the Pricing of Collective Rights (July 10, 2018) (with others)
- Paper Tigers: Or How Much Will Courts Protect Rights in a Financial Crisis? (June 11, 2018) (with Georg Vanberg)
- Sovereign Bond Contracts: Flaws in the Public Data? (May 21, 2018) (with others)
- Should I Stay or Should I Go? The Gender Gap for SEC Attorneys (April 03, 2018) (with others)
- How to Restructure Venezuelan Debt (¿Cómo restructurar la deuda venezolana?) (July 21, 2017) (with Lee C. Buchheit)
- A Sovereign's Cost of Capital: Go Foreign or Stay Local (June 21, 2016) (with others)
- In the Absence of Scrutiny: Narratives of Probable Cause (July 01, 2013) (with others)
- Odious Debts and Nation Building: When the Incubus Departs (December 01, 2007) (with Lee C. Buchheit)
Forthcoming
- The Myth of Optimal Expectation Damages, Marquette Law Review (forthcoming) (with others)
- King Leopold's Bonds and the Odious Debts Mystery, Virginia Journal of International Law (forthcoming) (with others)
- Contractual Arbitrage, in Oxford Handbook of Institutions of International Economic Governance and Market Regulation (Eric Brousseau, Jean-Michel Glachant, and Jérôme Sgard eds., forthcoming) (with others)
Books
- Filling the Gaps in Governance: The Case of Europe (European University Institute, 2016) (editor with others)
- Acting White?: Rethinking Race in Post-Racial America (Oxford University Press, 1st ed. 2013, 2nd ed. 2015) (with Devon W. Carbado)
- The 3 1/2 Minute Transaction: Boilerplate and the Limits of Contract Design (University of Chicago Press, 2013) (with Robert E. Scott)
Articles and Essays
- Anticipating Venezuela’s Debt Crisis: Hidden Holdouts and the Problem of Pricing Collective Action Clauses, 100 Boston University Law Review 253-300 (2020) (with others)
- Born Out of Necessity: A Debt Standstill for COVID-19, Center for Economic Policy Research; Policy Insight No. 103 (2020) (with others)
- How to Restructure Euro Area Sovereign Debt in the Era of COVID-19, 15 Capital Markets Law Journal 322-346 (2020) (with others)
- Necessity and the Covid-19 Pandemic, 15 Capital Markets Law Journal 277-283 (2020) (with W. Mark C. Weidemaier)
- Revising Boilerplate: A Comparison of Private and Public Company Transactions, 2020 Wisconsin Law Review 629-655 (with others)
- Transferable Sovereignty: Lessons from the History of the Congo Free State, 69 Duke Law Journal 1219-1273 (2020) (with Joseph Blocher)
- Why Did Belgium Pay Leopold’s Bonds?, 83 Law and Contemporary Problems 49-70 (2020) (with others)
- Financial Crises and Constitutional Compromise, in Constitutions in Times of Financial Crisis 117-145 (Tom Ginsburg, Mark D. Rosen & Georg Vanberg, eds., 2019) (with Georg Vanberg)
- If Boilerplate Could Talk: The Work of Standard Terms in Sovereign Bond Contracts, 44 Law & Social Inquiry 617-646 (2019) (with others)
- Sovereign Debt Restructuring and U.S. Executive Power, 14 Capital Markets Law Journal 114-130 (2019) (with Lee C. Buchheit)
- The Hausmann-Gorky Effect, Journal of Business Ethics (2019) https://doi.org/10.1007/s10551-019-04132-9 (with Ugo Panizza)
- The Sovereign-Debt Listing Puzzle, 71 Oxford Economic Papers 472-495 (2019) (with others)
- Cash America and the Structure of Bondholder Remedies, 13 Capital Markets Law Journal 570-586 (2018) (with Marcel Kahan)
- Deterring Holdout Creditors in a Restructuring of PDVSA Bonds and Promissory Notes, 13 Capital Markets Law Journal 148-151 (2018) (with Lee C. Buchheit)
- Evaluating Judges and Judicial Institutions: Reorienting the Perspective, 67 Duke Law Journal Online (2018) (with others)
- Pricing Sovereign Debt: Foreign Versus Local Parameters, 24 European Financial Management 261-297 (2018) (with others)
- Puerto Rico and the Right of Accession, 43 Yale Journal of International Law 229-271 (2018) (with Joseph Blocher)
- Sovereign Debt Restructuring in Europe, 9 Global Policy (Special Issue) S1, 65-69 (2018) (with Lee C. Buchheit)
- Talking Judges, 67 Duke Law Journal Online (2018) (with Jack Knight)
- Use of the Local Law Advantage in the Restructuring of European Sovereign Bonds, 3 University of Bologna Law Review 172-179 (2018) (with Lee C. Buchheit)
- Variation in Boilerplate: Rational Design or Random Mutation?, 20 American Law and Economics Review 1-45 (2018) (with others)
- What Does Puerto Rican Citizenship Mean for Puerto Rico's Legal Status?, 67 Duke Law Journal Online 122-132 (2018) (with Joseph Blocher)
- A Market for Sovereign Control, 66 Duke Law Journal 797-843 (2017) (with Joseph Blocher)
- Adjudicating Death: Professionals or Politicians?, 70 Vanderbilt Law Review 1709-1727 (2017) (with Stephen J. Choi)
- Custom in Our Courts: Reconciling Theory with Reality in the Debate About Erie Railroad and Customary International Law, 27 Duke Journal of Comparative & International Law 243-290 (2017) (with Nikki C. Gutierrez)
- Forced Secessions, 80 Law & Contemporary Problems 215-247 (No. 1 2017) (with Joseph Blocher)
- International Finance and Sovereign Debt, in Oxford Handbook of Law and Economics 482-500 (Francesco Parisi ed., 2017) (with W. Mark C. Weidemaier)
- Introduction to the Law and Markets: Regulating Controversial Exchange, 54 Osgoode Hall Law Journal 333-338 (2017) (with others)
- Market Practice and the Evolution of Foreign Sovereign Immunity, Journal of Law & Social Inquiry (2017) (with Mark C. Weidmaier)
- Markets and Sovereignty, 54 Osgoode Hall Law Journal 465-490 (2017) (with Joseph Blocher)
- Puerto Rico and the Netherworld of Sovereign Debt Restructuring, 91 Southern California Law Review 133-162 (2017) (with Robert K. Rasmussen)
- Restructuring Sovereign Debt After NML v. Argentina, 12 Capital Markets Law Journal 224-238 (2017) (with Lee C. Buchheit)
- The Black Hole Problem in Commercial Boilerplate, 67 Duke Law Journal 1-77 (2017) (with others)
- The Puzzle of PDVSA Bond Pricing, 12 Capital Markets Law Journal 66-77 (2017) (with others)
- Courts of Good and Ill Repute: Garoupa & Ginsburg's Judicial Reputation: A Comparative Theory, 83 University of Chicago Law Review 1683-1715 (2016) (reviewing Nuno Garoupa & Tom Ginsburg, Judicial Reputation: A Comparative Theory (2015))
(with Tracy E. George)
- Can Greece be Expelled from the Eurozone? Toward a Default Rule of Expulsion from International Organizations, in Filling the Gaps in Governance: The Case of Europe 127-150 (Franklin Allen et al eds., 2016) (with others)
- Competing for Refugees: A Market-Based Solution to a Humanitarian Crisis, 48 Columbia Human Rights Law Review 53-111 (2016) (with Joseph Blocher)
- Customary International Law: How Do Courts Do It?, in Custom's Future: International Law in a Changing World (Curtis A. Bradley, ed., 2016) (with Stephen J. Choi)
- Discrimination by Customers, 102 Iowa Law Review 223-257 (2016) (with Katharine T. Bartlett)
- How Bayesian are Judges?, 16 Nevada Law Journal 1061-1084 (2016) (with others)
- Pricing Contract Terms in a Crisis: Venezuelan Bonds in 2016, 11 Capital Markets Law Journal 540-555 (2016) (with others)
- Talking One's Way Out of a Debt Crisis, in Filling the Gaps in Governance: The Case of Europe 37-44 (Franklin Allen et al. eds., 2016) (with Lee C. Buchheit)
- Targeted Subordination of Official Sector Debt, 31 Banking & Finance Law Review 371-376 (2016) (with Lee C. Buchheit)
- The Management of Staff by Federal Court of Appeals Judges, Vanderbilt Law Review 479-497 (2016) (with Richard A. Posner)
- The Pricing of Non-Price Terms in Sovereign Bonds: The Case of the Greek Guarantees, 1 Journal of Law, Finance, and Accounting 1-40 (2016) (with Stephen J. Choi)
- When Governments Write Contracts: Policy and Expertise in Sovereign Debt Markets, in Contractual Knowledge: One Hundred Years of Experimentation in Global Markets 92-117 (Grégoire Mallard & Jérôme Sgard eds., 2016) (with others)
- Evaluating the 2013 Euro CAC Experiment, in The New Financial Architecture of the Eurozone 123-136 (Franklin Allen et al eds., 2015) (with others)
- The Diversity Feedback Loop, in A Nation of Widening Opportunities: The Civil Rights Act at 50 119-143 (Ellen D. Katz & Samuel R. Bagenstos eds., 2015) (and in Chicago Legal Forum (2014))
(with others)
- The Relevance of Law to Sovereign Debt, 11 Annual Review of Law & Social Science 395-408 (2015) (with W. Mark Weiddemaier)
- The Role of Competence in Promotions from the Lower Federal Courts, 44 Journal of Legal Studies s107-s131 (January 2015) (with others)
- From Pigs to Hogs (2014) (with Stephen J. Choi)
- The International Monetary Fund's Imperiled Priority, 10 Duke Journal of Constitutional Law & Public Policy 119-148 (2014) (with Melissa Boudreau)
- Santa Anna and His Black Eagle: The Origins of Pari Passu?, 9 Capital Markets Law Journal 216-241 (2014) (with Benjamin Remy Chabot)
- A Winner's Curse?: Promotions from the Lower Federal Courts (2014) (with others)
- Altruism Exchanges and the Kidney Shortage, 77 Law & Contemporary Problems 289-322 (2014) (with others)
- Cultivating Inclusion, 112 Michigan Law Review First Impressions 117-123 (2014) (with Patrick S. Shin)
- Lawyers: Gatekeepers of the Sovereign Debt Market?, 38 International Review of Law & Economics 150-168 (2014) (with others)
- Managing Holdouts: The Case of the 2012 Greek Exchange, in Sovereign Debt Management 25-38 (Rosa Lastra & Lee Bucheit eds., 2014) (with others)
- Reprofiling Sovereign Debt, Journal of International Banking Law (2014) (with others)
- Restructuring a Euro Area Sovereign Guarantee, in Bearing the Losses from Bank and Sovereign Default in the Eurozone 143-164 (Franklin Allen et al eds., 2014) (with Lee C. Buchheit)
- Sovereign Contingent Liabilities, in Sovereign Debt Management 241-254 (Rosa Lastra & Lee Bucheit eds., 2014) (with Lee C. Buchheit)
- Ukraine and Russia: "You Break It, You Bought It", Financial History 28-32 (Fall 2014) (with Joseph Blocher)
- Collective Action Clauses for the Eurozone, Review of Finance 1-58 (2013) (with Michael Bradley)
- How Markets Work: The Lawyer's Version (Studies in Law, Politics, and Society, v. 62), in From Economy to Society? Perspectives on Transnational Risk Regulation 107-134 (Bettina Lange et al. eds, 2013) (with W. Mark C. Weidemaier)
- A Eurozone Debt Crisis: The Options Now, 8 Capital Markets Law Journal 54-61 (2013) (with Lee C. Buchheit)
- A People's History of Collective Action Clauses, 54 Virginia Journal of International Law 1 (2013) (with Mark C. Weidemaier)
- Book Review, 36 PoLAR: Political and Legal Anthropology Review 190-192 (2013) (reviewing Annelise Riles, Collateral Knowledge: Legal Reasoning in the Global Financial Markets (2011))
(with W. Mark C. Weidemaier)
- Origin Myths, Contracts, and the Hunt for Pari Passu, 38 Law & Social Inquiry 72-105 (2013) (with others)
- Restructuring a Sovereign Debtor's Contingent Liabilities, in Sovereign Financing and International Law: The UNCTAD Principles on Responsible Lending and Borrowing 287-294 (Carlos Esposito et al. eds., 2013) (with Lee C. Buchheit)
- Revisiting Sovereign Bankruptcy (Brookings Institute 2013) (with others)
- The Evolution of Contractual Terms in Sovereign Bonds, 4 Journal of Legal Analysis 131-179 (2013) (with others)
- The Greek Debt Restructuring: An Autopsy, 28 Economic Policy 513-563 (2013) (with others)
- The Intersectional Fifth Black Woman, 10 Du Bois Review: Social Science Research on Race 527-540 (2013) (with Devon W. Carbado)
- The Law and Policy of Judicial Retirement, 42 Journal of Legal Studies 111-150 (2013) (with others)
- The Problem of Holdout Creditors in Eurozone Sovereign Debt Restructurings, Butterworths Journal of International Banking and Financial Law 191-194 (April 2013) (with others)
- The Role of the IMF in Future Sovereign Debt Restructurings: Report of the Annenberg House Expert Group (November 25, 2013) (with others)
- The Wonder-Clause, 41 Journal of Comparative Economics 367-385 (2013) (with Anna Gelpern)
- Engineering an Orderly Greek Debt Restructuring, 2012 (with Jeromin Zettelmeyer)
- CDS Zombies, 13 European Business Organization Law Review 347-390 (2012) (with Anna Gelpern)
- Foreword: The Duke Project on Custom and Law, 62 Duke Law Journal 529-533 (2012) (with Curtis A. Bradley)
- Making a Voluntary Greek Debt Exchange Work, 7 Capital Markets Law Journal 169-183 (2012) (reprinted in Sovereign Insolvency (Christoph Paulus ed., 2014)
(with Jeromin Zettelmeyer)
- Sonia Sotomayor and the Construction of Merit, 61 Emory Law Journal 801-861 (2012) (with others)
- The Dynamics of Contract Evolution, 2012 (John M. Olin Law & Economics (2d Series) Working Paper No. 605, 2012)
(with others)
- Greek Debt: The Endgame Scenarios (2011) (with Lee C. Buchheit)
- Mandatory Versus Default Rules: How Can Customary International Law Be Improved?, 120 Yale Law Journal Online 421-454 (2011) (with Curtis A. Bradley)
- Drafting A Model Collective Action Clause For Eurozone Sovereign Bonds, 6 Capital Markets Law Journal 317-325 (2011) (with Lee C. Buchheit)
- Foreword: The Three and a Half Minute Transaction: Boilerplate and the Limits of Contract Design, 40 Hofstra Law Review 1-9 (2011) (with Robert E. Scott)
- How Well Do Measures of Judicial Ability Translate into Performance?, 33 International Review of Law & Economics 37-53 (2011) (with others)
- Judging Women, 8 Journal of Empirical Legal Studies 504-532 (2011) (with others)
- Political Risk and Sovereign Debt Contracts, 2011 (John M. Olin Law & Economics (2d Series), Working Paper No. 583, 2011)
(with others)
- Showcasing Diversity, 89 North Carolina Law Review 1017-1053 (2011) (with Patrick S. Shin)
- The New Old Legal Realism, 105 Northwestern University Law Review 689-735 (2011) (with others)
- Professionals or Politicians: The Uncertain Empirical Case for an Elected Rather Than Appointed Judiciary, 26 Journal of Law, Economics, & Organization 290-336 (2010) (with others)
- Restructuring a Nation's Debt, 29 International Financial Law Review 46-49 (2010) reprinted in, Managing Risk in the Financial System 168-178 (John Raymond LaBrosseet al. eds., 2010)
(with Lee C. Buchheit)
- Responsible Sovereign Lending and Borrowing, 2010 63-92 (UNCTAD, Discussion Paper No.198 April, 2010) (with Lee C. Buchheit) also published in, 73 Law & Contemporary Problems 63-92 (Fall 2010)
(with Lee C. Buchheit)
- Talking Judges, 2010 The Legal Workshop - Duke Law Journal (with Jack Knight)
- Evaluating Judges and Judicial Institutions: Reorienting the Perspective, 2010 The Legal Workshop - Duke Law Journal (with others)
- Applied Legal History: Demystifying The Doctrine Of Odious Debts, 11 Theoretical Inquiries in Law 247-281 (2010) (with others)
- Customary International Law and Withdrawal Rights in an Age of Treaties, 21 Duke Journal of Comparative & International Law 1-30 (2010) (with Curtis A. Bradley)
- Foreword: Of Lawyers, Leaders, and Returning Riddles in Sovereign Debt, 73 Law & Contemporary Problems i-xii (2010) (with Anna Gelpern)
- Judicial Ability and Securities Class Actions, 2010 (John M. Olin Law & Economics (2d Series), Working Paper No. 519, 2010)
(with others)
- Pricing Terms in Sovereign Debt Contracts: A Greek Case Study with Implications for the European Crisis Resolution Mechanism, 6 Capital Markets Law Journal 163-187 (2010) (with others)
- The Market Reaction to Legal Shocks and Their Antidotes: Lessons From The Sovereign Debt Market, 39 Journal of Legal Studies 289-324 (2010) (with others)
- Withdrawing from International Custom, 120 Yale Law Journal 202-275 (2010) (with Curtis A. Bradley)
- The Coroner's Inquest: Ecuador's Default and Sovereign Bond Documentation, 28 International Financial Law Review 22-25 (2009) (authors' manuscript)
(with Lee C. Buchheit)
- "Make or Buy" and International Law, 165 Journal of institutional and Theoretical Economics JITE 134-141 (2009) (with Scott Baker)
- "Only Connect": Toward a Unified Measurement Project, 58 Duke Law Journal 1181-1190 (2009) (with David F. Levi)
- Are Judges Overpaid?: A Skeptical Response to the Judicial Salary Debate, 1 Journal of Legal Analysis 47-117 (Winter 2009) (with others)
- Feel-good Formalism, 35 Queen's Law Journal 97-116 (2009) (with Anna Gelpern)
- Innovation after the Revolution: Foreign Sovereign Bond Contracts Since 2003, 4 Capital Markets Law Journal 85-103 (2009) (with Anna Gelpern)
- Judicial Evaluations and Information Forcing: Ranking State High Courts and Their Judges, 58 Duke Law Journal 1313-1382 (2009) (with others)
- Mr. Presidential Candidate: Whom Would You Nominate?, 42 Loyola of Los Angeles Law Review 293-334 (2009) (with Stuart M. Benjamin)
- What do Federal District Judges Want?: An Analysis of Publications, Citations, and Reversals (2009) (John M. Olin Law & Economics (2d Series), Working Paper No. 508, 2009), republished in, 27 Journal of Law Economics & Organization (2011)
(with others)
- A Convenient Untruth: Fact and Fantasy in the Doctrine of Odious Debts, 48 Virginia Journal of International Law 595-639 (2008) (with Sarah Ludington)
- After Inclusion, 4 Annual Review of Law & Social Science 83-102 (2008)
- Bias in Judicial Citations: A Window into the Behavior of Judges?, 37 Journal of Legal Studies 87-129 (2008) (with Stephen J. Choi)
- Judging Measures, 77 UMKC Law Review 381-413 (2008) (with David F. Levi)
- Odious Debts and Nation-Building: When the Incubus Departs, 60 Maine Law Review 477-485 (2008) (with Lee C. Buchheit)
- Trading Votes For Reasoning: Covering In Judicial Opinions, 81 Southern California Law Review 735-779 (2008) (with Stephen J. Choi)
- Which States Have the Best (and Worst) High Courts?, 2008 (2d Series), Working Paper No. 405, 2008
(with others)
- Contracts Without Law: Sovereign Versus Corporate Debt, 75 University of Cincinnati Law Review 977-1004 (2007) (with George G. Triantis)
- Foreword: Making Makeup Matter, 14 Duke Journal of Gender Law & Policy 1-11 (2007) (with others)
- Partially Odious Debts?, 70 Law & Contemporary Problems 47-81 (Autumn 2007) (with Omri Ben-Shahar)
- Public Symbol in Private Contract: A Case Study, 84 Washington University Law Review 1627-1715 (2007) (with Anna Gelpern)
- Ranking Judges According to Citation Bias, 82 Notre Dame Law Review 1279-1309 (2007) (with Stephen J. Choi)
- The Dilemma of Odious Debts, 56 Duke Law Journal 1201-1262 (2007) (with others)
- A Response to Professor Sander: Is It Really All About the Grades?, 84 North Carolina Law Review 1823-1839 (2006) (with James E. Coleman Jr.)
- An Empirical Study of Securities Disclosure Practice, 80 Tulane Law Review 1023-1108 (2006) (with Stephen J. Choi)
- Contract as Statute, 104 Michigan Law Review 1129-1173 (2006) (with Stephen J. Choi)
- Introduction: A New Legal Realist Perspective On Employment Discrimination, 31 Law & Social Inquiry 797-799 (2006) (with Laura Beth Nielsen)
- The Rat Race as an Information Forcing Device, 81 Indiana Law Journal 53-82 (2006) (with others)
- The Story of Jesperson v. Harrah's: Makeup and Women at Work, in Employment Discrimination Stories 105-152 (Joel Wm. Friedman ed., 2006) (with others)
- Foreword: The Klein Criteria Project, 2 Berkeley Business Law Journal 1-11 (2005) (with Paul S. Edwards)
- Judicial Triage: Reflections on the Debate over Unpublished Opinions, 62 Washington and Lee Law Review 1667-1708 (2005) (with David C. Vladeck)
- Mr. Justice Posner?: Unpacking the Statistics, 61 NYU Annual Survey of American Law 19-43 (2005) (with Stephen Choi)
- Race to the Top of the Corporate Ladder: What Minorities Do When They Get There, 61 Washington and Lee Law Review 1645-1693 (2005) (with Devon W. Carbado)
- Which Judges Write Their Opinions (And Should We Care?), 32 Florida State University Law Review 1077-1122 (2005) (with Stephen Choi)
- A Tournament of Judges?, 92 California Law Review 299-322 (2004) (with Stephen Choi)
- Choosing the Next Supreme Court Justice, 78 USC Law Review 23 (2004) (with Stephen Choi)
- Economic Organization in the Construction Industy: A Case Study of Collaborative Production Under High Uncertainty, 1 Berkeley Business Law Journal 137-174 (2004) (with William Klein)
- Fraud by Hindsight, 98 Northwestern Law Review 773 (2004) (with others)
- Innovation in Boilerplate Contracts: The Case of Sovereign Bonds, 53 Emory Law Journal 929 (2004) (revised version, with separate responses by Lee Buchheit and Sergio Galvis, in Essays on Sovereign Debt (Joseph Stiglitz & Jose Ocampo eds., forthcoming)
- Sovereign Bonds and the Collective Will, 51 Emory Law Journal 1317 (2004) (reprinted in Bank of England Proceedings of Conference on Sovereign Debt (2004))
(with Lee Buchheit)
- Sovereign Debt Reform and the Best Interest of Creditors, 57 Vanderbilt Law Review 1-79 (2004) (with William Bratton)
- The Muddled Duty to Disclose Under Rule 10b-5, 57 Vanderbilt Law Review 1639 (2004) (with Donald Langevoort)
- Why Lawyers Need to Take a Closer Look at Exit Consents, 15 International Financial Law Review 15-18 (2003) (with Stephen Choi)
- How Do Judges Maximize? (The Same Way Everybody Else Does - Boundedly): Rules of Thumb in Securities Fraud Opinions, 51 Emory Law Journal 83-152 (2003) , reprinted in Securities Law Handbook (2003)
(with Stephen Bainbridge)
- Tenure, 53 Journal of Legal Education 157 (2003) (with Devon Carbado)
- The Fifth Black Woman, 11 Journal of Contemporary Legal Issues 701 (2003) ( reprinted in Critical Feminist Theory Reader (Adrienne Wing, ed. 2003))
(with Devon Carbado)
- The Happy Charade: An Empirical Examination of the Third Year of Law School, 52 Journal of Legal Education 235 (2003) (with others)
- The Law and Economics of Critical Race Theory, 112 Yale Law Journal 1757-1828 (2003) (reviewing Francisco Valdes et. al., Crossroads, Directions and a New Critical Race Theory (2002))
(with Devon W. Carbado)
- What Exactly is Racial Diversity?, 91 California Law Review 1149-1165 (2003) (reviewing Andrea Guerrero, Silence at Boalt Hall: The Dismantling of Affirmative Action (2002))
(with Devon Carbado)
- Giants in a World of Pygmies? Testing the Superstar Hypothesis with Judicial Opinions in Casebooks, 87 Iowa Law Review 1141-1212 (2002) (with Veronica Sanchez)
- Incorporating Labor, Journal of Comparative Labor Law and Policy Journal 171 (2002)
- What are Larry's Criteria For Good Corporate Law, 70 George Washington University Law Review 886 (2002)
- Interactions at Work: Remembering David Charny, 17 Harvard Blackletter Law Journal 13 (2001) (with Devon Carbado)
- Sovereign Piracy, 56 The Business Lawyer 635 (2001) (with Kenneth N. Klee)
- What Law Students Think They Know About Elite Law Firms: Preliminary Results of a Survey of Third Year Law Students, 69 University of Cincinnati Law Review 1213 (2001) (with David Wilkins)
- Connected Contracts, 47 UCLA Law Review 887 (2000) (with others)
- Conversations at Work, 79 Oregon Law Review 103 (2000) (with Devon Carbado)
- Exit Consents in Sovereign Bond Exchanges, 48 UCLA Law Review 59-84 (2000) (with Lee C. Buchheit)
- Working Identity, 85 Cornell Law Review 1259-1308 (2000) (with Devon Carbado)
- Revisiting Kalyani: The Former Agricultural Worker, 34 Economic and Political Weekly (1999)
- When Corporate Managers Fear a Good Thing is Coming to an End: The Case of Interim Nondisclosure, 46 UCLA Law Review 1999-2000 (1999) (reprinted in 41 Corporate Practice Commentator 523 (1999-2000), and in Securities Law Review(2000))
- Efficiency Wages, Tournaments and Discrimination: A Theory of Employment Discrimination Law for 'High-Level' Jobs, 33 Harvard Civil Rights-Civil Liberties Law Review 57 (1998) (excerpted in Cases and Materials on Employment Discrimination and Employment Law (Michael Harper, Samuel Estreicher eds., 2000))
(with David Charny)
- Jayamma: Profile of a Widowed Brick Worker, in Widows in India: Social Neglect and Public Action (Martha Alter Chen ed., 1998) (with Leela Gulati)
- On Not Making Law, 61 Law & Contemporary Problems 157 (1998) (with Catherine McCauliff)
- Reconceiving the Tournament of Lawyers: Tracking, Seeding, and Information Control in the Internal Labor Markets of Elite Law Firms, 84 Virginia Law Review 1581 (1998) (with David Wilkins)
- Female Labour in the Unorganised Sector: The Brick Worker Revisited, 32 Economic and Political Weekly 968 (1997) (with Leela Gulati)
- Why are There so Few Black Lawyers in Corporate Law Firms, 84 California Law Review 282-5 (1996) (with David Wilkins)
- Passage Home to India, 6 Harvard Human Rights Journal 242-46 (1993)
- Remnants of Matriliny: Widows of Two Kerala Villages, 76 MANUSHI: Journal of Women & Society 32 (1993) (with Leela Gulati)
- Ethics in Finance, in The New Palgrave Dictionary of Money and Finance 779 (Peter Newman, Murray Milgate & John Eatwell eds., 1992) (with Susan Rose-Ackerman)
- Turning Points in Economic Time Series: Loss Structures and Bayesian Forecasting, in Bayesian and Likelihood Methods in Statistics and Economics 371 (1990) (with others)
Issues Edited
- Judicial Institutions and Behavior, 82 Law & Contemporary Problems (No. 2, 2019) (with others)
- A Modern Legal History of Sovereign Debt, Law & Contemporary Problems (Fall 2010) (with Anna Gelpern)
- Symposium: Odious Debts and State Corruption, Law & Contemporary Problems (Summer 2007) (with David A. Skeel Jr.)
Newspaper Articles and Commentary
- Sure, Trump Can Buy Greenland. But Why Does He Think It’s up to Denmark?, Politico Magazine (August 23, 2019) (with Joseph Blocher)
- If Countries Won’t Take Refugees for Moral Reasons, Let’s Give Them Financial Incentives, Quartz (April 06, 2018) (with Joseph Blocher)
- The Last Days of Stock Exchange Listings for Sovereign Bonds?, FinReg Blog (November 07, 2016) (with others)
- Guest Post: Ukraine and Russia-You Break It, You Bought It, ericposner.com (February 04, 2015) (with Joseph Blocher)
- The Content of One's Racial Character, Huffington Post (April 04, 2013) (with Devon Carbado)
- Walking Back From Cyprus (January 01, 2013) (with Lee C. Buchheit)
- Echoes of Subprime Ring Out Across Greek Debt Crisis, Financial Times (June 28, 2010) (with Eric Posner)
- Do Women Make Better Judges? Asked and Answered - with Data, Slate.com (October 02, 2009) (with others)