Randal C. Picker
Paul H. and Theo Leffmann Professor of Commercial Law; Senior Fellow, The Computation Institute of the University of Chicago and Argonne National Laboratory
1111 East 60th Street
Chicago, IL 60637
phone: 773-702-0864
email: r-picker@uchicago.edu

Publications (Books | Articles | American Bar Association | Other)

BOOKS

Security Interests in Personal Property: Cases, Problems and Materials, 3d ed. (Foundation Press, 2002) (with Douglas G. Baird and Thomas H. Jackson).

Game Theory and the Law (Harvard University Press 1994) (with Douglas G. Baird and Robert H. Gertner) (paperback edition, 1998) (Chinese Simple Language edition, 1999).

Reforming the Bankruptcy Code: The National Bankruptcy Conference's Code Review Project (Matthew Bender 1994, 1997) (Project Reporter).

ARTICLES

"Twombly, Leegin, and the Reshaping of Antitrust," 2007 Supreme Court Review 161, Dennis Hutchinson, David Strauss, Geoffrey Stone, eds. (June 2008)

"Pulling a Rabbi Out of His Hat: The Bankruptcy Magic of Dick Posner," 74 University of Chicago Law Review 1845 (2007).

"Competitive disadvantage," Chicago Tribune 23 (August 22, 2007).

“Of Pirates and Puffy Shirts,” Virginia Law Review In Brief (2007).

Review of Hovenkamp, The Antitrust Enterprise: Principle and Execution, 2 Competition Policy International 183 (2006).

"Latte serves up a lesson in bootleg economics," Chicago Tribune C7 (October 8, 2006).

"Mistrust-Based Digital Rights Management," 5 Journal on Telecommunications & High Technology Law 47 (2006).

"Cybersecurity: Of Heterogeneity and Autarky," in The Law and Economics of Cybersecurity, ed. by Mark F. Grady and Francesco Parisi (Cambridge Univ. Press 2006).

"Copyright and the DMCA: Market Locks and Technological Contracts," in Antitrust, Patents and Copyrights: EU and US Perspectives, ed. by Francois Leveque and Howard Shelanski (Edward Elgar 2005).

"Rewinding Sony: The Evolving Product, Phoning Home and the Duty of Ongoing Design," 55 Case Western Reserve L. Rev. 749 (2005).

"Unbundling Scope-of-Permission Goods: When Should We Invest in Reducing Entry Barriers?" 72 University of Chicago Law Review 189 (Winter 2005).

"The Digital Video Recorder: Unbundling Advertising and Content," University of Chicago Law & Economics, Olin Working Paper No. 197 (September 2003).

"Entry Policy in Local Telecommunications: Iowa Utilities and Verizon," 2002 Supreme Court Review 41 (2003) (with Douglas Lichtman).

"From Edison to the Broadcast Flag: Mechanisms of Consent and Refusal and the Propertization of Copyright," 70 University of Chicago Law Review 281 (2003).

"Copyright as Entry Policy: The Case of Digital Distribution," The Antitrust Bulletin (Summer-Fall 2002).

"SimLaw 2011," 2002 University of Illinois Law Review 1019.

"When Do We Take the Horse Out to the Back Pasture? Firm Valuations and Liquidation Decisions in Chapter 11," National Conference of Bankruptcy Judges Annual Meeting Proceedings (forthcoming 2001) (with Douglas G. Baird and Edward R. Morrison).

"Pursuing a Remedy in Microsoft: The Declining Need for Centralized Coordination in a Networked World," 158 J. Institutional & Theoretical Econ. (2002).

"A New Experience for Microsoft," The Financial Times (London) (July 24, 2001).

"Fat pipes and faulty regulation," Financial Times (December 19, 2000).

"The Law and Economics of Contract Damages," in Chicago Lectures in Law and Economics, Eric A. Posner, ed. (2000).

"Regulating Network Industries: A Look at Intel," 23 Harv. J. Law & Public Policy 159 (1999).

"Perfection Hierarchies and Non-Temporal Priority Rules," 74 Chi.-Kent L. Rev. 1157 (1999).

"Corporate Reorganizations," The New Palgrave Dictionary of Law and Economics, Peter Newman, ed., (Grove Dictionaries 1998).

"Simple Games in a Complex World: A Generative Approach to the Adoption of Norms," 64 U. Chi. L. Rev. 1225 (1997). (paper and CD-ROM publication).

"Overview of History and Eligibility: Preservation of State Authority in The Presence of Exclusive Federal Power," in Municipal Bankruptcies: How to Handle a Chapter 9 from Start to Finish (PLI 1995).

"The Pros and Cons of Chapter 11: A Law and Economics Perspective" (Proceedings of the Insolvency Institute of Canada).

"Law and Economics: Intellectual Arbitrage," 27 Loy. L.A. L. Rev. 127 (1993).

"When Cities Go Broke: A Conceptual Introduction to Municipal Bankruptcy," 60 U. Chi. L. Rev. 425 (1993) (with Michael W. McConnell), reprinted in Municipal Bankruptcies: How to Handle a Chapter 9 from Start to Finish (PLI 1995).

"Law and Economics II: The Sequel," The University of Chicago Law School Record (Spring, 1993).

"Voluntary Petitions and the Creditors' Bargain," 61 U. Cinn. L. Rev. 519 (1992) (invited article for Corporate Law Symposium Issue), reprinted at 35 Corporate Practice Commentator 226 (1993).

"Security Interests, Misbehavior, and Common Pools," 59 U. Chi. L. Rev. 645 (1992) (formerly Chicago Law & Economics Working Paper No. 5 (2d Series)).

"A Simple Noncooperative Bargaining Model of Corporate Reorganizations," 20 J. Legal Stud. 311 (1991) (with Douglas G. Baird) (formerly Chicago L & E Working Paper No. 30 (1st Series)).

AMERICAN BAR ASSOCIATION PUBLICATIONS

"United States v. Microsoft: The Proposed Final Judgment," AT-IP Report, Electronic Newsletter of the Intellectual Property Committee (November 5, 2001).

"New York Times Co. v. Tasini," ABA Section of Antitrust Law, AT-IP Report, Electronic Newsletter of the Intellectual Property Committee (June 25, 2001).

"Cross-Licensing in Network Industries: A Look at the Federal Trade Commission's Case Against Intel," ABA Section of Antitrust Law, Intellectual Property Committee Newsletter (Fall, 2000).

OTHER PUBLICATIONS

"Modified Beam-it, Napster could be happy compromise," CNN Online (May 17, 2000). (a longer version is available at Writ).

"A Firm That Failed Well," The Wall Street Journal (October 12, 1998) (with Daniel R. Fischel).

"In Microsoft Case, Justice is on Dangerous Path to Stifling Innovation," www.thestreet.com (January 18, 1998).

PRESENTATIONS

Why Facilities-Based Competition?, Univ. of Pennsylvania Law School (March, 2003); S.J. Quinney College of Law, Univ. of Utah (April, 2003).

Digital Rights Management Panel, Univ. of Chicago Graduate School of Business (January, 2003).

Understanding Statutory Bundles: Does the Sherman Act Come with the Telecommunications Act, Center for the Digital Economy, Manhattan Institute (December, 2002).

Introduction to Electricity Regulation, Agent 2002 Conference on Social Agents: Ecology, Exchange and Evolution, Univ. of Chicago/Argonne National Lab (October, 2002).

FTC/DOJ Hearings on Intellectual Property and Antitrust, Panel Discussion with Deputy Assistant Attorney General R. Hewitt Pate, University of Chicago Law School (May 2002).

The Lessons of Enron, moderator and panel discussant, The University of Chicago Law School (April 2002).

Copyright as Entry Policy: The Case of Digital Distribution, U.S. Federal Trade Commission, Bureau of Competition Distinguished Lecturer Series (March 2002).

Exploring Concepts with ABMS, Joint Program of Argonne National Laboratory, The University of Chicago, and the Santa Fe Institute on Capturing Business Complexity with Agent-Based Modeling and Simulation (March 2002).

Firm Valuations and Real Options: The Shutdown Decision in Chapter 11, National Conference of Bankruptcy Judges Annual Meeting (October 2001) (with Douglas Baird).

Understanding Microsoft: The Decline of Centralized Coordination in a Peer-to-Peer World, Institutional Seminar on New Institutional Economics: Organizing and Designing Markets, Rottach-Egern, Schloss Ringberg, Germany (June 2001).

SimLaw 2011, Univ. of Illinois Conference on Empirical and Experimental Methods in Law (April 2001).

Intellectual Property: Looking at Napster, Univ. of Michigan Conference on Law Policy and the Convergence of Telecommunications and Computing Technologies (March 2001).

Endogenous Neighborhoods and Norms, Georgetown, April, 1999; Chicago, April, 1999; Virginia, March, 2000; Max Planck Project Group, Common Goods: Law, Politics and Economics, Bonn, Germany, June, 2001.

Alternative Methodologies in Law and Economics, American Association of Law Schools (1998).

Chairman, Panels on Bankruptcy, Annual Meetings, American Law and Economics Association (May, 1998).

Testing in Silico: Computer-Based Approaches in Law and Economics to Norms and Social Interactions, Wilbur Katz Lecture, Univ. of Chicago Law School; Columbia Law School (1997); American Association of Law Schools (1998).

Designing Verifiability: Boyd's Implications for Modern Bankruptcy Law, Univ. of Pennsylvania Law School Bankruptcy Conference (May, 1997); related version, Donner Bankruptcy Conference at George Mason Univ. Law School (January, 1997).

Simple Games in a Complex World: A Generative Approach to the Adoption of Norms, Stanford, Chicago, Caltech, Georgetown, American Law and Economics Annual Meeting (Academic Year, 1996-97).

An Introduction to Game Theory and the Law, Univ. of Kansas (February, 1996); Univ. of Illinois (March, 1995).

Insolvency, Extended Liability and Industry-Based Solvency Structures, Stanford Law and Economics Workshop (November, 1995).

Paper, Bankruptcy Rules, Managerial Entrenchment, and Firm-Specific Human Capital, Georgetown Law & Economics Workshop (October, 1994).

Paper and Panel Discussion, Rotten Apples?: Industry Issues, Contagion, and Bankruptcy, Washington Univ. Interdisciplinary Conference on Bankruptcy and Insolvency Theory (February, 1994).

Lecture, Law and Economics Perspectives on Bankruptcy, Seventh Circuit Bankruptcy Judges Conference, Chicago (December, 1993).

Paper and Panel Discussion, The Pros and Cons of Chapter 11: A Law and Economics Perspective, 4th Annual Meeting of the Insolvency Institute of Cananda, Lake Carling, Quebec (October, 1993).

Chairman, Panel on The Challenges of Commercial Reorganizations in Insolvency: Empirical Results and Economic Perspectives, 23rd Annual Workshop on Commercial and Consumer Law, University of Toronto (June, 1993).

Chairman, Panel on Game Theory and the Law, Annual Meetings, American Law and Economics Association (May, 1993).

Lecture, An Introduction to Game Theory and the Law, Third Coase Lecture, The University of Chicago Law School (April, 1993).

Lecture, Current Developments in Bankruptcy and Real Estate, Chicago Bar Association (March, 1993).

Paper, Game Theory and the Law: Chapters 4 and 5, Faculty Workshop, George Mason Univ. Law School (December, 1992).

Paper, Game Theory and the Law: Chapters 4 and 5, Faculty Workshop, University of Virginia Law School (November, 1992).

Paper, Game Theory and the Law: Chapters 1 and 2, Faculty Workshop, New York Univ. Law School (September, 1992).

Paper, Bankruptcy and the Allocation of Control, Annual Meetings, American Law and Economics Association (May, 1992) (joint presentation with Robert Gertner).

Commentator, Bankruptcy Workouts and Debt Contracts, by Alan Schwartz, John M. Olin Centennial Conference in Law and Economics, The University of Chicago (April, 1992).

Paper, Bankruptcy Rules, Entrenchment, and Human Capital, Work-in-Progress Workshop, The University of Chicago (April, 1992).

Paper, Voluntary Petitions and the Creditors' Bargain, The University of Cincinnati College of Law, Fifth Annual Corporate Law Symposium, Contemporary Issues in Bankruptcy and Corporate Law (March, 1992).

Paper, Bankruptcy and the Allocation of Control, The Law and Economics Workshop, The University of Chicago (February, 1992) (joint presentation with Robert Gertner).

Paper, Security Interests, Misbehavior and Common Pools, Harvard Law School, Law & Economics Workshop (September, 1991).

Paper, Security Interests, Misbehavior and Common Pools, Work-in-Progress Workshop, The University of Chicago (July, 1991).

Paper, A Simple Noncooperative Bargaining Model of Corporate Reorganizations, The Law and Economics Workshop, The University of Chicago (November, 1990) (joint presentation with Douglas G. Baird).

Lecture, Civil Justice Reform, Federal Judge's Seminar, The Law School, The University of Chicago (June, 1990).

Lecture, Fundamentals of Corporate Bankruptcy Law, Harvard Business School Finance Seminar (May 1990).

Works in Progress / Unpublished Manuscripts

"Why Facilities-Based Competition?" (March, 2003).

"Understanding Statutory Bundles: Does the Sherman Act Come with the Telecommunications Act" (December, 2002).

"Endogenous Neighborhoods and Norms" (April, 1999).

"Designing Verifiability: Boyd's Implications for Modern Bankruptcy Law" (May, 1997).

"A Primer on Secured Transactions in Personal Property" (Nov. 1996).

"Insolvency, Extended Liability and Industry-Based Solvency Structures" (January, 1996).

"Bankruptcy Rules, Managerial Entrenchment, and Firm-Specific Human Capital," Chicago L& E Working Paper No. 16 (August, 1993) (with Lucian Arye Bebchuk).

"Bankruptcy and the Allocation of Control" (February, 1992) (with Robert Gertner).