Books •
The Unwritten Law of Corporate Reorganizations (
Harvard University Press, 2022). •
Elements of Bankruptcy, 5th ed. (2020). •
Reconstructing Contracts (Harvard University Press, 2013). •
Cases, Problems, and Materials on Contracts (Foundation Press 9th edition 2008) (with Dawson, Harvey, and Henderson). •
Economics of Contract Law (Edward Elgar 2007) (editor). •
Contracts Stories (Foundation Press 2007) (editor). •
Elements of Bankruptcy, 4th ed. (2006). •
Elements of Bankruptcy, 3d ed. (2001). •
Cases, Problems, and Materials on Bankruptcy, 3d ed. (Foundation Press 2000) (with Adler and Jackson). •
Game Theory and the Law (Harvard University Press, 3d revised edition,1998) (with Gertner and Picker). •
Game Theory and the Law (Harvard University Press 1994) (with Gertner and Picker) •
Cases, Problems and Materials on Bankruptcy, 2d ed. (Little, Brown 1990) (with Thomas Jackson). •
Cases, Problems, and Materials on Security Interests in Personal Property, 2d ed. (Foundation Press 1987) (with Jackson). •
Cases, Problems, and Materials on Bankruptcy (Little, Brown 1985) (with Jackson). •
Cases, Problems, and Materials on Security Interests in Personal Property (Foundation Press 1984) (with Jackson).
Articles • "Bankruptcy's Undiscovered Country" 25 Emory Bankruptcy Developments Journal 1 (2008). • "Other People’s Money," 60 Stanford Law Review 1309 (2008) (with Todd Henderson). • "The Young Astronomers," 74
University of Chicago Law Review 1641 (2007). • “Tribute to Bernard Meltzer,” 74 University of Chicago Law Review 417 (2007). • "The Prime Directive," 75 University of Cincinnati Law Review 921 (2007) (with Robert K. Rasmussen). • "Technology, Information, and Bankruptcy," 2007 University of Illinois Law Review 305. • "Beyond Recidivism," 54 Buffalo Law Review 343 (2006) (with Robert K. Rasmussen). • "Legal Approaches to Restricting Distributions to Shareholders: The Role of Fraudulent Transfer Law," 7 European Business Org. L. Rev. 199 (2006). • “Reconstructing Contracts: Hamer v. Sidway,” in Contracts Stories 162, Douglas G. Baird, ed. (Foundation Press 2006). • "Absolute Priority, Valuation Uncertainty, and the Reorganization Bargain," 115 Yale Law Journal 1930 (2006) (with Bernstein). • "Private Debt and the Missing Lever of Corporate Governance," 154
University of Pennsylvania Law Review 1209 (2006) (with Rasmussen). • "Discharge, Waiver, and the Behavioral Undercurrents of Debtor-Creditor Law," 73 University of Chicago Law Review 17 (2006). • "The Boilerplate Puzzle," 104 Michigan Law Review 933 (2006). • "Serial Entrepreneurs and Small Business Bankruptcies," 105 Columbia Law Review 2310 (2005) (with Morrison). • "Adversary Proceedings in Bankruptcy: A Sideshow," 79 American Bankruptcy Law Journal 951 (2006) (with Morrison). • "Substantive Consolidation Today," 47 Boston College Law Review 5 (2005). • "The Story of INS v. AP," Intellectual Property Stories (2006). • "¿ Bogart permanece en boga?: Rights of publicity en la era digital," Ano XIV, No. 29 ius et veritas 179 (2005). • "Remembering Pine Gate," 38 John Marshall L. Rev. 5 (2004). • "Secured Lending and Its Uncertain Future," 25 Cardozo L. Rev. 1789 (2004). • "The New Face of Chapter 11," 12 Am. Bankr. L. Rev. 69 (2004). • "Chapter 11 at Twilight," 56 Stan. L. Rev. 673 (2003) (with Rasmussen). • "Enron and the Long Shadow of Stat. 13 Eliz.," in Enron: Corporate Fisacos and their Implications (Foundation Press 2004). • "In Coase's Footsteps," 70 U. Chi. L. Rev. 23 (2003). • "Llewellyn's Heirs," 62 Louisiana L. Rev. 1287 (2002). • "The End of Bankruptcy," 55 Stan. L. Rev. 751 (2002) (with Rasmussen). • "Four (or Five) Easy Lessons From Enron," 55 Vand. L. Rev. 1787 (2002) (with Rasmussen). • "Control Rights, Priority Rights, and the Conceptual Foundations of Corporate Reorganizations," 87 Va. L. Rev. 921 (2001) (with Rasmussen). • "Does Bogart Still Get Scale? Rights of Publicity in the Digital Age," 4 Green Bag 2d 357 (2001). • "Bankruptcy Decisionmaking," 17 J. Law Econ. & Org. 356 (2001) (with Morrison). • "Commercial Norms and the Fine Art of the Small Con," 98 Mich. L. Rev. 2716 (2000). • "Boyd's Legacy and Blackstone's Ghost," 1999 Supreme Court Review 393 (with Rasmussen). • "Optimal Timing and Legal Decisionmaking: The Case of the Liquidation Decision in Bankruptcy" (November 1999) (Chicago Working Papers in Law and Economics No. 86 (2d Series)) (with Morrison). • "Bankruptcy's Uncontested Axioms," 108 Yale L.J. 573 (1998). • "Fraudulent Conveyance," in 2 New Palgrave Dictionary of Law and Economics 192 (1998). • "Game Theory and the Law," in 2 New Palgrave Dictionary of Law and Economics 192 (1998). • "Leveraged Buyouts," in 2 New Palgrave Dictionary of Law and Economics 192 (1998). • "The Importance of Priority," 82 Cornell L. Rev. 1420 (1997). • "The Hidden Virtues of Chapter 11" (March 1997) (Chicago Working Papers in Law and Economics No. 43 (2d Series)). • "The Future of Law and Economics: Looking Forward," 64 U. Chi. L. Rev. 1129 (1997). • "Security Interests Reconsidered," 80 U. Va. L. Rev. 2249 (1994). • "The Reorganization of Closely Held Firms and the 'Opt Out' Problem," 72 Wash. U. L. Rev. 913 (1994). • "Revisiting Auctions in Chapter 11," 36 J. Law & Econ. 633 (1993). • "Introduction: Taking Stock," 36 J. Law & Econ. 237 (1993). • Book Review:
Thinking Strategically, Avinash K. Dixit & Barry J. Nalebuff, 100 Journal of Political Economy 1278 (1992). • "The Dark Side of Chapter 11: A Comment on Professor Triantis' Article," 20 Canadian Business L.J. 261 (1992). • "The Initiation Problem in Bankruptcy," 11 International Review of Law and Economics 223 (1991). • "Fraudulent Conveyances, Agency Costs, and Leveraged Buyouts," 20 J. Legal Stud. 1 (1991). • "Jury Trials After Granfinanciera," 65 Am. Bankr. L.J. 1 (1991). • "Self-Interest and Cooperation in Long-term Contracts," 19 J. Legal Stud. 583 (1990). • "Avoiding Powers under the Bankruptcy Code," in Current Developments in Bankruptcy and Reorganization 1990 (PLI 1990). • "The Seventh Amendment and Jury Trials in Bankruptcy," 1989 S. Ct. Rev. 261. • "Property Rights, Priority Rights, and Ostensible Ownership: The Deep Structure of Article 9," in Secured Transactions Under the Uniform Commercial Code, P. Coogan, W. Hogan, D. Vagts, & J. McDonnell (1988). • "Loss Distribution, Forum Shopping, and Bankruptcy: A Reply to Warren," 54 U. Chi. L. Rev. 815 (1987). • "A World Without Bankruptcy," 50 Law & Contemp. Probs. 173 (1987). • "The Uneasy Case for Corporate Reorganizations," 15 J. Legal Stud. 127 (1986). • Book Review, Commercial Transactions, Jonathan A. Eddy & Peter Winship (1985), 36 J. Legal Educ. 433 (1986). • "Changing Technology and Unchanging Doctrine: Sony Corp. v. Universal Studios," 1984 S. Ct. Rev. 237. • "Notice Filing and the Problem of Ostensible Ownership," 12 J. Legal Stud. 53 (1983). • "Common Law Intellectual Property and the Legacy of International News Service v. Associated Press," 50 U. Chi. L. Rev. 411 (1983). • "Bankruptcy Procedure and State-Created Rights: The Lessons of Gibbons and Marathon," 1982 S. Ct. Rev. 25. • "Standby Letters of Credit in Bankruptcy," 49 U. Chi. L. Rev. 130 (1982). • "A Simple Noncooperative Bargaining Model of Corporate Reorganizations," 20 J. Legal Stud. 311 (1991) (with Randal Picker). • "Bargaining After the Fall and the Contours of the Absolute Priority Rule," 55 U. Chi. L. Rev. 738 (1988) (with Jackson). • "Fraudulent Conveyance Law and its Proper Domain," 38 Vand. L. Rev. 829 (1985) (with Jackson). • "Corporate Reorganizations and the Treatment of Diverse Ownership Interests: A Comment on Adequate Protection of Secured Creditors in Bankruptcy," 51 U. Chi. L. Rev. 97 (1984) (with Jackson). • "Information, Uncertainty, and the Transfer of Property," 13 J. Legal Stud. 299 (1984) (with Jackson). • "Kovacs and Toxic Wastes in Bankruptcy," 36 Stan. L. Rev 1199 (1984) (with Jackson). • "Possession and Ownership: An Examination of the Scope of Article 9," 35 Stan. L. Rev. 175 (1983) (with Jackson). • "Rules, Standards, and the Battle of the Forms: A Reassessment of §2-207," 68 Va. L. Rev. 1217 (1982) (with Robert Weisberg). • "Human Cannonballs and the First Amendment," 30 Stan. L. Rev. 1185 (1978). ==Other positions==