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Publications of the University of Michigan Law School Faculty


Works in Progress & Working Papers

(Note: When Works in Progress and Working Papers are accepted for publication they are moved to Forthcoming.)

Click author's name for individual list and full-text links

  • Avi-Yonah, Reuven S. (2000- ) Find It and Tax It: From TIEAs to IGAs. Savir, G., co-author. U of Michigan Public Law Research Paper No. 443. Working Paper.

    ______. All or Nothing? The Obama Budget Proposals and BEPS. U of Michigan Public Law Research Paper No. 442. Working Paper.

    ______. The Parallel March of the Ginis: How Does Taxation Relate to Inequality and What Can Be Done About it? U of Michigan Public Law & Legal Theory Research Paper No. 385; U of Michigan Law & Economics Research Paper No. 14-003. Working Paper.

    ______. A World Turned Upside Down: Reflections on the 'New Wave' Inversions and Notice 2014-52. U of Michigan Public Law & Legal Theory Research Paper No. 421. Working Paper.

    ______. No Country is an Island: Is a Radical Rethinking of International Taxation Needed? U of Michigan Public Law & Legal Theory Research Paper No. 380. Working Paper.

    ______. Is it Time to Coordinate Corporate Tax Rates? A Note on Horst. U of Michigan Public Law & Legal Theory Research Paper No. 381. Working Paper.

    ______. Virtual PE: International Taxation and the Fairness Act. U of Michigan Public Law & Legal Theory Research Paper No. 328. Working Paper.

    ______, Co-author. Unitary Taxation and International Tax Rules. Z. P. Tinhaga, co-author. U of Michigan Public Law & Legal Theory Research Paper No. 369; U of Michigan Law & Economics Research Paper No. 13-020. Working Paper.

    ______. Splitting the Unsplittable: Toward a Formulary Approach to Allocating Residuals Under Profit Split. U of Michigan Public Law & Legal Theory Research Paper No. 378. Working Paper.

    ______. FIRPTA, Branch Profit Tax and Earning Stripping: Reflections on Non-Discrimination. U of Michigan Public Law & Legal Theory Research Paper No. 319. Working Paper.

    ______, co-author. IGAs vs. MAATM: Has Tax Bilateralism Outlived Its Usefulness? G. Savir, co-author. U of Michigan Public Law & Legal Theory Research Paper No. 384; U of Michigan Law & Economics Research Paper No. 14-002. Working Paper.

    ______. Who Invented the Single Tax Principle? An Essay on the History of US Treaty Policy. U of Michigan Public Law & Legal Theory Research Paper No. 318. Working Paper.

    ______. What Goes Around Comes Around: Why the US is Responsible for Capital Flight (And What it Can Do About it). U of Michigan Public Law & Legal Theory Research Paper No. 307. Working Paper.

    ______. Tax Competition and the Trend toward Territoriality. U of Michigan Public Law & Legal Theory Research Paper No. 297. Working Paper.

    ______, co-author. Double or Nothing: A Tax Treaty for the 21st Century. O. Halabi, co-author. U of Michigan Law & Economics Research Paper No. 12-009. Working Paper.

    ______, co-author. US Subpart F Legislative Proposals: A Comparative Perspective. N. Sartori, co-author. U of Michigan Law & Economics Research Paper No. 12-003; U of Michigan Public Law & Legal Theory Research Paper No. 264. Working Paper.

    ______, co-author. Real Time Audit - It is the Time to Act? Oz Halabi, co-author. U of Michigan Law & Economics Empirical Legal Studies Center Research Paper No. 11-010; U of Michigan Public Law & Legal Theory Research Paper No. 242. Working Paper.

    ______. Deja Vu All Over Again? Reflections on Auerbach's "Modern Corporate Tax". U of Michigan Law & Economics Empirical Legal Studies Center Research Paper No. 10-030; U of Michigan Public Law & Legal Theory Research Paper No. 226. Working Paper.

    ______. Corporate and International Tax Reform: Long-, Medium-, and Short Term Proposals. U of Michigan John M. Olin Center for Law & Economics Research Paper No. 09-015; U of Michigan Public Law & Legal Theory Research Paper No. 157. Working Paper.
  • Beny, Laura N. (2003- ), co-author. Analysis of the Republic of South Sudan's Accession to the East African Community: Benefits, Detriments and Recommendations. M. Snyder, co-author. U of Michigan Public Law & Legal Theory Research Paper No. 337. Working Paper.

    ______. Diversity Among Elite American Law Firms: A Signal of Quality and Prestige. Working Paper. (Last revised November 2006.)

    ______. "The Law and Economics of Public Global Efforts to Prevent and Punish Genocide." Working Paper.
  • Chambers, David L. (1969- ). Satisfaction in the Practice of Law: Findings from a Long-Term Study of Attorneys' Careers. U of Michigan Public Law & Legal Theory Research Paper No. 330. Working Paper.
  • Crane, Daniel A. (2009- ). Predation Analysis and the FTC's Case Against Intel. U of Michigan Empirical Legal Studies Center Research Paper No. 10-014; U of Michigan Public Law & Legal Theory Research Paper No. 202. Working Paper.
  • Davis, Alicia J. (2004- ). Inverse Lemons Markets and Mandatory Disclosure. Working Paper.

    ______. Are Investors' Gains and Losses from Securities Fraud Equal Over Time? Theory and Evidence. U of Michigan Empirical Legal Studies Center Research Paper No. 09-002. Working Paper. (Last revised April 2010)

    ______. Do Individual Investors Affect Share Price Accuracy? Some Preliminary Evidence. U of Michigan John M. Olin Center for Law & Economics Research Paper No. 07-018. Working Paper (Last revised April 2010)
  • Ellsworth, Phoebe C. (1987- ), co-author. Confirmation Bias in Criminal Investigations. B. O'Brien, co-author. Univ. of Texas School of Law, Conference on Empirical Legal Studies Paper. Working Paper.
  • Friedman, Richard D. (1988- ) "Aggregate Versus Unit Scoring." (Work in progress).
  • Halberstam, Daniel (1999- ) 'It's the Autonomy, Stupid!' A Modest Defense of Opinion 2/13 on EU Accession to the ECHR, and a Way Forward. U of Michigan Public Law Research Paper No. 439. Working Paper.
  • Hathaway, James C. (1998- ), co-author. Non-Refoulement in a World of Cooperative Deterrence. T. Gammeltoft-Hansen, co-author. U of Michigan Law & Economics Research Paper No. 14-016. Working Paper.

    ______. Prosecuting a Refugee for "Smuggling" Himself. U of Michigan Public Law & Legal Theory Research Paper No. 429. Working Paper.
  • Hines, James R., Jr. (2006- ), co-author. Corporate Taxes and Union Wages in the United States. R. A. Felix, co-author. NBER Working Paper, no. 15263. Cambridge, MA: National Bureau of Economic Research, Working Paper.

    ______, co-author. Foreign Direct Investment and Domestic Economic Activity. M. A. Desai and C. F. Foley, co-authors. NBER Working Paper, no. 11717. Cambridge, MA: National Bureau of Economic Research, Working Paper.

    ______, co-author. Economic Effects of Regional Tax Havens. M.A.Desai and C.F.Foley, co-authors. NBER Working Paper, no. 10806. Cambridge, MA: National Bureau of Economic Research, Working Paper.

    ______, co-author. Tax Credits and Charitable Contributions in Michigan. N.E.Feldman, co-author. U of Michigan Office of Tax Policy Research Research Paper, no. 2007-3. Working Paper.

    ______, co-author. Economic Foundations of International Tax Rules. M. A. Desai, co-author. Washington, D.C.: American Tax Policy Institute, Working Paper.

    ______, co-author. Value-Added Taxes and International Trade: The Evidence. M.A.Desai, co-author. Working Paper.

    ______, co-author. Understanding Tax Evasion Dynamics. E.Engel, co-author. NBER Working paper, no. 6903. Cambridge, MA: National Bureau of Economic Research, Working Paper.

    ______. Investment Ramifications of Distortionary Tax Subsidies. NBER Working Paper, no. 6615. Cambridge, MA: National Bureau of Economic Research, Working Paper.

    ______. Taxed Avoidance: American Participation in Unsanctioned International Boycotts. NBER Working Paper, no. 6116. Cambridge, MA: National Bureau of Economic Research, Working Paper.

    ______. Forbidden Payment: Foreign Bribery and American Business After 1977. NBER Working Paper, no. 5266. Cambridge, MA: National Bureau of Economic Research, Working Paper.

    ______. The Transfer Pricing Problem: Where the Profits Are. NBER Working Paper, no. 3538. Cambridge, MA: National Bureau of Economic Research, Working Paper.

    ______, co-author. Tax Reform, Investment, and the Value of the Firm. A.J.Auerbach, co-author. NBER Working Paper, no. 1803. Cambridge,MA: National Bureau of Economic Research, Working Paper.

    ______, co-author. Delegating Tax. K. D. Logue, co-author. U of Michigan Public Law & Legal Theory Research Paper No. 391; U of Michigan Law & Economics Research Paper No. 14-005. Working Paper.
  • Kahn, Douglas A. (1964- ), co-author. Cancellation of Debt and Related Transactions. Kahn, Jeffrey H., co-author. Tax Lawyer, Forthcoming; U of Michigan Public Law Research Paper No. 441. Working Paper.
  • Khanna, Vikramaditya S. (2004- ), co-author. The Anatomy of Legal Recruitment in India: Tracing the Tracks of Globalization. A. Singh and J. Gingerich, co-authors. HLS Center on the Legal Profession Research Paper No. 2014-25. Working Paper.

    ______. When Should We Impose Criminal Sanctions on Executives? Working Paper.

    ______, co-author. The Rise of the Corporate Counsel in India. D. B. Wilkins, co-author. Working Paper.

    ______. The Evolving Global Supply Chain in Legal Services. Working Paper.

    ______, co-author. Reforming the Corporate Bonds Market in India. U. Varottil, co-author. National Stock Exchange of India Working Paper Series, No. 6. Working Paper.

    ______. Law Enforcement and Stock Market Development. Working Paper.

    ______, co-author. Freeze-Outs Before Cross-Listings: An Analysis of the Mardi Gras Effect. D. Dharmapala, co-author. Working Paper.

    ______, co- author. Firm-Level Corporate Governance in Emerging Markets A Case Study of India. B.N.Balasubramanian and B.S.Black, co-authors. European Corporate Governance Institute, Working Paper Series in Law, no. 119/2009. Working Paper. (Last revised July 2009)

    ______. Corporate Defendants and the Protections of Criminal Procedure An Economic Analysis. U of Michigan John M. Olin Center for Law & Economics Research Paper No. 04-015. Working Paper. (Last revised February 2006)

    ______. Toward a Functional Understanding of Standing. Harvard Law School, Center for Law, Economics, & Business Discussion Paper, no. 355. Working Paper.

    ______, co-author. Toward an Economic Theory of Pro-Defendant Criminal Procedure. K. N. Hylton, co-author. Harvard Law School Center for Law, Economics, & Business Discussion Paper, no. 318. Working Paper.
  • Kim, Hwa-Jin (2011- ). Toward Transatlantic Convergence in Financial Regulation. U of Michigan Law & Economics Empirical Legal Studies Center Research Paper No. 11-004; U of Michigan Public Law & Legal Theory Research Paper No. 234. Working Paper.

    ______. Concentrated Ownership and Corporate Control: Wallenberg Sphere and Samsung Group. U of Michigan Law & Economics Research Paper No. 14-015. Working Paper.
  • Krier, James E. (1983- ). The Evolution of Property Rights: A Synthetic Overview. U of Michigan John M. Olin Center for Law & Economics Research Paper No. 08-021. Working Paper.
  • Lempert, Richard O. (1968- ), Affirmative Action in the United States: A Brief Summary of the Law and Social Science. U of Michigan Public Law & Legal Theory Research Paper No. 430. Working Paper.

    ______, co-author. The Mismatch Myth in American Higher Education: A Synthesis of Empirical Evidence at the Law School and Undergraduate Levels. W. C. Kidder, co-author. U of Michigan Public Law & Legal Theory Research Paper No. 404. Working Paper.

    ______. Failing Law Schools, by Brian Z. Tamanaha: A Review. U of Michigan Public Law Research Paper No. 399. Working Paper, 2014.

    ______. Growing Up in Law & Society: The Pulls of Policy and Methods. U of Michigan Public Law & Legal Theory Research Paper No. 335. Working Paper.

    ______. University of Michigan Bar Passage 2004-2006: A Failure to Replicate Professor Sander’s Results, With Implications for Affirmative Action. U of Michigan Law & Economics Research Paper No. 12-013. Working Paper.

    ______, co-author. Affirmative Action in American Law Schools: A Critical Response to Richard Sander's "A Reply to Critics". W. Kidder, T. T. Clydesdale, and D. L. Chambers, co-authors. U of Michigan Law & Economics Research Paper No. 06-001. Working Paper.
  • Logue, Kyle D. (1993- ). Encouraging Insurers to Regulate: The Role (If Any) for Tort Law. U of Michigan Law & Economics Research Paper No. 15-001. Working Paper.

    ______, co-author. Under the Weather: Government Insurance and the Regulation of Climate Risks. O. Ben-Shahar, co-author. University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 714; U of Chicago, Public Law Working Paper No. 499; U of Michigan Law & Economics Research Paper No. 15-002. Working Paper.

    ______, co-author. Explaining Variation in Insurance Anti-Discrimination Laws. R. Avraham and D. Schwarcz, co-authors. U of Michigan Law & Economics Research Paper No. 13-018. Working Paper.

    ______, co-author. Delegating Tax. J. R. Hines Jr., co-author. U of Michigan Public Law & Legal Theory Research Paper No. 391; U of Michigan Law & Economics Research Paper No. 14-005. Working Paper.
  • McCrudden, Christopher (2001- ). Transnational culture wars. U of Michigan Public Law & Legal Theory Research Paper No. 447. Working Paper.

    ______. Human Rights Histories. U of Michigan Public Law & Legal Theory Research Paper No. 448. Working Paper.

    ______. Reva Siegel and the Role of Religion in Constructing the Meaning of "Human Dignity". U of Michigan Public Law & Legal Theory Research Paper No. 320. Working Paper.

    ______. Human Rights, Southern Voices, and 'Traditional Values' at the United Nations. U of Michigan Public Law & Legal Theory Research Paper No. 419. Working Paper.

    ______. Faith-Based Non-Governmental Organizations in the Public Square. U of Michigan Public Law & Legal Theory Research Paper No. 418. Working Paper.

    ______. State Architecture: Subsidiarity, Devolution, Federalism and Independence. U of Michigan Public Law & Legal Theory Research Paper No. 417. Working Paper.

    ______, co- author. The Future of the EU Charter of Fundamental Rights. J. Dutheil de la Rochère and G. De Búrca, co-authors. NYU School of Law, Jean Monnet Working Paper Series, no. 10/01. Working Paper.
  • Prescott, James J. (2006- ). co-author. Disaggregating Employment Protection: The Case of Disability Discrimination. C. Jolls, co-author. Harvard Public Law Working Paper, no. 106. Working Paper.

    ______, co-author. Process Costs and Police Discretion. C. Gerstein, co-author. Robina Institute Working Paper; U of Michigan Public Law & Legal Theory Research Paper No. 431. Working Paper.
  • Pritchard, Adam C. (1998- ). Halliburton II: A Loser's History. U of Michigan Law & Economics Research Paper No. 15-007. Working Paper.

    ______, co-author. Carrot or Stick? The Shift from Voluntary to Mandatory Disclosure of Risk Factors. K. K. Nelson, co-author. U of Michigan Law & Economics Research Paper No. 14-013. Working Paper.

    ______. Enumeration and Continuity. U of Michigan Public Law & Legal Theory Research Paper No. 416. Working Paper.

    ______, co-author. SEC Investigations and Securities Class Actions: An Empirical Comparison. S. J. Choi, co-author. U of Michigan Law & Economics Research Paper No. 12-022. Working Paper. (Last Revised: August 2014.)

    ______, co-author. Do Delaware CEOs Get Fired? M. Jagannathan, co-author. U of Michigan John M. Olin Center for Law & Economics Research Paper No. 08-024. Working Paper. (Last revised March 2013.)
  • Radin, Margaret Jane (2007- ). What Boilerplate Said: A Response to Omri Ben-Shahar (and a Diagnosis). U of Michigan Public Law & Legal Theory Research Paper No. 392; U of Michigan Law & Economics Research Paper No. 14-007. Working Paper.
  • Regan, Donald H. (1968- ), co-author. EC – Seal Products: Seals and Sensibilities (TBT Aspects of the Panel and Appellate Body Reports). P.I. Levy, co-author. Robert Schuman Centre for Advanced Studies Research Paper No. 2014/108. Working Paper.
  • Santarosa, Veronica A. (2011- ). Financing Long-Distance Trade Without Banks: The Joint Liability Rule and Bills of Exchange in 18th-century France. Under Review.

    ______. Unemployment Risk and Precautionary Savings: Evidence from the 1880s New Jersey Worker Surveys. Working Paper.

    ______. The Quality of Contracting Institutions and the Choice of Ownership vs. Contract. Working Paper.

    ______, co-author. Politics, Instability, and International Investment Flows. A. Durnev, R. Enikolopov, and M. Petrova, co-authors. Working Paper.
  • Schneider, Carl E. (1981- ). Co-author. The Futility of Cost Benefit Analysis in Financial Disclosure Regulation. O. Ben-Shahar, co-author. U of Michigan Public Law & Legal Theory Research Paper No. 385; U of Michigan Law & Economics Research Paper No. 14-008. Working Paper.
  • Starr, Sonja B. (2009- ). Explaining Race Gaps in Policing: Normative and Empirical Challenges. U of Michigan Law & Economics Research Paper No.15-003. Working Paper.
  • Vining, Joseph (1969- ). The Effect of Economic Integration with China on the Future of American Corporate Law. U of Michigan Law & Economics Empirical Legal Studies Center Research Paper No. 10-012; U of Michigan Public Law & Legal Theory Research Paper No. 192. Working Paper.

    ______. China, Business Law, and Finance -- Accession to the World Trade Organization. U of Michigan Public Law & Legal Theory Research Paper No. 123; U of Michigan John M. Olin Center for Law & Economics Research Paper No. 90. Working Paper.
  • Waggoner, Lawrence W. (1974- ). From Here to Eternity: The Folly of Perpetual Trusts. U of Michigan Public Law & Legal Theory Research Paper No. 259; U of Michigan Law & Economics Research Paper No. 13-007. Working Paper.

    ______.The Uniform Probate Code's Elective Share: Time for a Reassessment (With an Addendum Reporting on Post-Publication Amendments). U of Michigan Public Law & Legal Theory Research Paper No. 208. Working Paper. (Revised version of article originally published in U. Mich. J. L. Reform 37, no. 1 (2003): 1-37.)

    ______. The American Law Institute Proposes Simplifying the Doctrine of Estates. U of Michigan Public Law & Legal Theory Research Paper No. 198. Working Paper.

    ______. The American Law Institute Proposes a New Approach to Perpetuities: Limiting the Dead Hand to Two Younger Generations. U of Michigan Public Law & Legal Theory Research Paper No. 200. Working Paper.

    ______. Curtailing Dead-hand Control: The American Law Institute Declares the Perpetual-Trust Movement Ill Advised. U of Michigan Public Law & Legal Theory Research Paper No. 199. Working Paper.

    ______, co-author. Curing Execution Errors and Mistaken Terms in Wills. J. H. Langbein, co-author. U of Michigan Public Law & Legal Theory Research Paper No. 207. Working Paper.

    ______. Congress Should Impose a Two-Generation Limit on the GST Exemption: Here's Why. U of Michigan Public Law & Legal Theory Research Paper No. 205. Working Paper.

    ______. Rev. Proc. 2005-24 and the UPC Elective Share. U of Michigan Law & Economics Research Paper No. 05-009. Working Paper.
  • West, Mark D. (1998- ). Employment Market Institutions and Japanese Working Hours. U of Michigan John M. Olin Center for Law & Economics Research Paper No. 03-016; U of Michigan Public Law & Legal Theory Research Paper No. 38. Working Paper. (A revised version of this paper appears as a chapter in Law in Everyday Japan: Sex, Sumo, Suicide, and Statutes. Chicago: Univ. of Chicago Press, 2005.)

    ______. Dying to Get Out of Debt: Consumer Insolvency Law and Suicide in Japan. U of Michigan John M. Olin Center for Law & Economics Research Paper No. 03-015. Working Paper. (A revised version of this paper appears as a chapter in Law in Everyday Japan: Sex, Sumo, Suicide, and Statutes. Chicago: Univ. of Chicago Press, 2005.)

    ______. Legal Determinants of World Cup Success. U of Michigan John M. Olin Center for Law & Economics Research Paper No. 02-009. Working Paper.

    ______. Japanese Love Hotels: Legal Change, Social Change, and Industry Change. U of Michigan John M. Olin Center for Law & Economics Research Paper No. 02-018. Working Paper. (A revised version of this paper appears as a chapter in Law in Everyday Japan: Sex, Sumo, Suicide, and Statutes. Chicago: Univ. of Chicago Press, 2005.)

Revised 04/06/2015
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