Kenneth W. Dam
Max Pam Professor Emeritus of American & Foreign Law and Senior Lecturer
1111 East 60th Street
Chicago, IL 60637
phone: 773-702-0216
email: kdam@law.uchicago.edu

Publications
(Books | Articles | Reports, Comments, & Book Reviews | Working Papers)

Books

The Law-Growth Nexus: The Rule of Law and Economic Development (Brookings Institution Press 2006).

The Rules of the Global Game: A New Look at U.S. International Policymaking (University of Chicago Press 2001).

Cryptography's Role in Securing the Information Society (co-editor) (National Academy 1996).

The Rules of the Game: Reform and Evolution in the International Monetary System (University of Chicago Press 1982).

Energy: The Next Twenty Years, A Study Group Report Sponsored by the Ford Foundation (Ballinger Publishing Co. 1979) (co-author).

Economic Policy Beyond the Headlines (W. W. Norton 1978) (with George P. Shultz) (2nd ed. 1998).

Oil Resources: Who Gets What How? (University of Chicago Press 1976).

The GATT: Law and International Economic Organization (University of Chicago Press 1970).

Federal Tax Treatment of Foreign Income (Brookings Institution 1964) (with Lawrence Krause).

Articles

"Cordell Hull, the Reciprocal Trade Agreements Act, and the WTO," 1 New York University Journal of Law and Business 709 (2005).

"Cordell Hull, the Reciprocal Trade Agreements Act, and the WTO," in Reforming the World Trading System: Legitimacy, Efficiency, and Democratic Governance, Ernst-Ulrich Petersmann, ed. (Oxford University Press 2005).

"Intellectual Property in an Age of Software and Biotechnology," in Chicago Lectures in Law and Economics 113, Eric A. Posner, ed. (2000).

"Intellectual Property and the Academic Enterprise," in The Changing Character, Use and Protection of Intellectual Property 17, German-American Academic Council Foundation (GAAC Bonn-Washington 1999).

"Self-Help in the Digital Jungle," 28 (2) J. of Leg. Studies (June 1999), reprinted in Expanding the Boundaries of Intellectual Property: Innovation Policy for the Knowledge Society, Rochelle Dreyfus, Diane L. Zimmerman & Harry First, eds. (Oxford 2001).

"Who Says Who Can Access What? The Policy Crisis over Cryptography in the Information Age," Science, Technology, and the Law (New York Academy of Sciences 1998).

"National Cryptography Policy for the Information Age," Issues in Science and Technology 33 (Summer 1996).

"Some Economic Considerations in the Intellectual Property Protection of Software," 24 J. of Leg. Studies 321 (1995).

"Die Ökonomischen Grundlagen des Patentrechts," in Ökonomische Analyse der rechtlichen Organisation von Innovationen 283, Claus Ott and Hans-Bernd Schaefer, eds. (1994).

"The Economic Underpinnings of Patent Law," 23 J. of Leg. Studies 247 (1994).

"Extraterritoriality in an Age of Globalization: The Hartford Fire Case," 1993 Supreme Court Review 289.

"The Growing Importance of International Protection of Intellectual Property," 21 The International Lawyer 3 (1987).

"Economic and Political Aspects of Extraterritoriality," 19 The International Lawyer 887 (1985).

"Extraterritoriality and Conflicts of Jurisdiction," 77 Am. Soc. of Int'l Law (Proceedings) 370 (1983).

"From the Gold Clause Cases to the Gold Commission: A Half Century of American Monetary Law," 50 U. Chi. L. Rev. 504 (1983).

"The Legal Tender Cases," 1981 Supreme Court Review 367.

"Antitrust in an Open World Economy," Conference Board Bulletin No. 94, p. 9 (1981).

"The Economics of Due Process," in Directions in Energy Policy: A Comprehensive Approach to Energy Resource Decision-Making, Behram Kursunoglu and Arnold Perlmutter, eds. (1979).

"The American Fiscal Constitution," 44 U. Chi. L. Rev. 271 (1977).

"Reflections on Wage and Price Controls," 30 Industrial and Labor Relations Review 139 (1977) (with George P. Shultz).

"The Myth of Budget Tuning," 5 The Stanford Magazine 13 (1977) (with George P. Shultz).

"The Role of Rules in the International Monetary System," (U. of Miami Law and Economic Center 1976).

"Class Actions: Efficiency, Compensation, Deterrence, and Conflict of Interest," 4 J. of Legal Studies 47 (1975).

"Economic Intelligence and Analysis," Commission on the Organization of the Government for the Conduct of Foreign Policy, Appendices to Report, Vol. 3, p. 303.

"Class Action Notice: Who Needs It?," 1974 Supreme Court Review 97.

"The Evolution of North Sea Licensing Policy in Britain and Norway," 17 J. Law and Econ. 213 (1974).

"The Special Responsibility of Lawyers in the Executive Branch," 55 Chicago Bar Record, Special Centennial Issue 4 (1974).

"Implementation of Import Quotas: The Case of Oil," 14 J. Law and Econ. 1 (1971).

"Consumer Protection: An Overview," 39 Antitrust L.J. 914 (1970).

"Corporate Takeovers and the Antitrust Laws," 25 Bus. Lawyer 735 (1970); 30 Antitrust L.J. (1970).

"The Pricing of North Sea Gas in Britain," 13 J. Law and Econ. 11 (1970).

"Fortner Enterprises v. United States Steel: 'Neither a Borrower nor a Lender Be,'" 1969 Supreme Court Rev. 1, reprinted in The Supreme Court and Patents and Monopolies 215, Philip B. Kurland, ed. (1975).

"Exclusive Distributorships in the United States and the European Economic Community," in Ius Privatum Gentium, Festschrift für Max Rheinstein, Vol. 2, p. 721 (1969), reprinted in 16 Antitrust L.J. 111 (1971).

"Is the Colgate Doctrine Dead?," 37 Antitrust L.J. 772 (1968).

"Oil and Gas Licensing in the North Sea," 8 J. Law and Econ. 51 (1965).

"The European Common Market in Agriculture," 67 Columbia L. Rev. 209 (1967).

"Trademarks, Price Discrimination and the Bureau of Customs," 57 Trademark Reporter 14 (1967), reprinted from 7 J. Law and Econ. 45 (1964).

"Some International Constraints on Improved Export Earnings of Developing Countries: Tariff Preferences and the Cotton Textiles Agreement," in Development: International Law and Economics 107 (Vol. 2, Proceedings of the International Society, Stanford School of Law, 1967).

"International Legal Aspects of Federalism," in Federalism and the New Nations of Africa, David P. Currie, ed. (1964).

"The Economics and Law of Price Discrimination: Herein of Three Regulatory Schemes," 31 U. Chi. L. Rev. 1 (1963).

"Regional Economic Arrangements and the GATT: The Legacy of a Misconception," 30 U. Chi. L. Rev. 615 (1963).

Reports, Comments, and Book Reviews

"U.S. International Economic Strategies," in The Future of American International Engagement 85 (Center for Strategic & International Studies (1997).

"Role of Private Groups in Public Policy: Cryptography and the National Research Council" (Law School Occasional Paper 38) (1997).

"Government Should Loosen Reins on Communications Encryption," Dayton Daily News 19B (Nov. 24, 1996) (with Herbert S. Lin).

"Protecting Information in Cyberspace," Journal of Commerce (Sept. 23, 1996) (with Herbert S. Lin).

"The Cryptography Wars," Washington Post (July 23, 1996) (with Herbert S. Lin).

"Inter-Organizational Collaboration: Biotechnology and Computers Compared," 152 Journal of Institutional and Theoretical Economics 216 (1996).

"Law, Diplomacy, and Force: North Korea and the Bomb" (Law School Occasional Paper No. 33).

"At the Heart of the Political Culture," in Amerika in Uns, Deutsch-amerikanische Erfahrungen and Visionen, Beate Lindeman, ed. (1995).

"U.S. Policy Options in International Trade," The American Enterprise Vol. 1, No. 4, p. 30 (1990).

"Introduction" to Special Issue, The International Lawyer 807 (1989).

Korea At the Crossroads, a report of the Korea Study Group chaired by Kenneth W. Dam (Council on Foreign Relations and The Asia Society, 1987).

"The Questionable Future of a Business-Judgment Rule in Antitrust," in Betty Bock, "The Future of a Business-Judgment Standard in Antitrust," Antitrust Forum 1986, Conference Board Research Bulletin No. 207, p. 18.

"The Reform Package of 1986: The Mix of Politics, Law and Economics," in Betty Bock, Antitrust: New Directions vs. New Backlash, Antitrust Conference 1986, Conference Board Research Bulletin No. 197, p. 15.

"Economic Analysis and Antitrust Law," in Betty Bock, "Antitrust and New Views of Microeconomics," Conference Board Research Bulletin, No. 195, p. 10.

"The Future of Gold," Occasional Paper No. 20, University of Chicago Law School (1984).

"Implications for Antitrust of a Shrinking Globe," in Betty Bock, "Antitrust in the Competitive World of the 1980's," Conference Board Research Bulletin No. 112, p. 12.

Comment on Donald G. Ogilvie, "Constitutional Limits and the Federal Budget," in Rudolph G. Penner, The Congressional Budget Process After Five Years 135 (1981).

Comment on William F. Baxter, "The Political Economy of Antitrust," The Political Economy of Antitrust 71, Robert D. Tollison, ed. (1980).

Comment on J. M. Finger, "Trade Liberalization: A Public Choice Perspective," in Challenges to a Liberal International Economic Order 467, Ryan C. Amacher et al., eds. (1979).

Comment on Harold Demsetz, "Economics as a Guide to Antitrust," 19 J. Law and Econ. 385 (1976).

Comment on "Alternatives to a Law of the Sea Treaty," in Ryan C. Amacher and Richard James Sweeney, The Law of the Sea: U.S. Interests and Alternatives 152 (1976).

Comment on Herbert Stein, "The Politics of Inflation," in Meiselman and Laffer, The Phenomenon of Worldwide Inflation (1975).

Review of Carl H. Fulda and Warren F. Schwartz, Cases and Materials on the Regulation of International Trade and Investments, 57 A.B.A.J. 1018 (1971).

Review of Richard E. Caves, Air Transport and its Regulators, 32 U. Chi. L. Rev. 200 (1964).

Review of Association of the Bar of the City of New York, Conflict of Interest and Federal Service, Bulletin of Atomic Scientists 343 (1961).

Note: Professor Dam's speeches and Congressional testimony as Deputy Secretary of State were published in the State Department Bulletin from 1982 to 1985.

Working Papers

China as a Test Case: Is the Rule of Law Essential for Economic Growth?," University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 275 (2006).

"Institutions, History, and Economic Development," University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 271 (2006).

"Legal Institutions, Legal Origins, and Governance," University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 303 (2006).

"The Judiciary and Economic Development," University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 287 (2006).

"Land, Law and Economic Development," University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 272 (2006).

"Equity Markets, the Corporation and Economic Development," University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 280 (2006).

"Credit Markets, Creditors' Rights and Economic Development," University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 281 (2006).

"Cordell Hull, the Reciprocal Trade Agreement Act, and the WTO," University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 228 (2004).

"Intellectual Property and the Academic Enterprise," University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 68 (1999).

"Self-Help in the Digital Jungle," University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 59
(1999).