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Douglas G. Baird : Publications

Books (Author)

    Commercial and Debtor-Creditor Law: Selected Statutes (2014 ed.) (Foundation Press, (edited with Theodore Eisenberg & Thomas H. Jackson).

    Elements of Bankruptcy (6th ed.) (Foundation Press, 2014).

    Reconstructing Contracts (Harvard University Press, 2013). [CU]

    Contracts: Cases and Comment (10th ed.) (LEG, Inc./West Academic Publishing, 2013) (edited with John P. Dawson, William Burnett Harvey & Stanley D. Henderson). [CU]

    Commercial and Debtor-Creditor Law: Selected Statutes (2013 ed.) (Foundation Press, 2013) (edited with Theodore Eisenberg & Thomas H. Jackson). [CU]

    Elements of Bankruptcy (5th ed.) (Foundation Press, 2010). [CU]

    Security Interests in Personal Property: Cases, Problems, and Materials (4th ed.) (Foundation Press, 2009) (edited with Randal C. Picker & Thomas H. Jackson). [CU]

    Contracts: Cases and Comment (9th ed.) (Foundation Press, 2008) (edited with John P. Dawson, William Burnett Harvey & Stanley D. Henderson). [CU]

    Appendix to Contracts, Cases and Comments (Foundation Press, 2008) (edited with John P. Dawson, William Burnett Harvey & Stanley D. Henderson). [CU]

    Cases, Problems, and Materials on Bankruptcy (4th ed.) (Foundation Press, 2007) (edited with Barry E. Adler & Thomas H. Jackson). [CU]

    Commercial and Debtor-Creditor Law: Selected Statutes (2007 ed.) (Foundation Press, 2007) (edited with Theodore Eisenberg & Thomas H. Jackson). [CU]

    Commercial and Debtor-Creditor Law: Selected Statutes (2006 ed.) (Foundation Press, 2006) (edited with Theodore Eisenberg & Thomas H. Jackson). [CU]

    Commercial and Debtor-Creditor Law: Selected Statutes (Foundation Press, 2005) (edited with Theodore Eisenberg & Thomas H. Jackson). [CU]

    Commercial and Debtor-Creditor Law: Selected Statutes (2004 ed.) (Foundation Press, 2004) (edited with Theodore Eisenberg & Thomas H. Jackson). [CU]

    Commercial and Debtor-Creditor Law: Selected Statutes (2003 ed.) (Foundation Press, 2003) (edited with Theodore Eisenberg & Thomas H. Jackson). [CU]

    Cases, Problems, and Materials on Security Interests in Personal Property (3rd ed.) (Foundation Press, 2002) (edited with Thomas H. Jackson). [CU]

    Security Interests in Personal Property: Cases, Problems, and Materials (3rd ed.) (Foundation Press, 2002) (edited with Randal C. Picker & Thomas H. Jackson). [CU]

    Game Theory and the Law (Harvard University Press, 1994) (edited with Randal C. Picker & Robert H. Gertner). [CU]

    Cases, Problems and Materials on Bankruptcy, 1994 Supplement (Little Brown and Company, 1994) (with Thomas H. Jackson). [CU]

    Strategic Behavior and the Law: The Role of Game Theory and Information Economics in Legal Analysis (1993) (edited with Randal C. Picker & Robert H. Gertner). [CU]

    The Elements of Bankruptcy (Revised ed.) (Foundation Press, 1993). [CU]

    The Elements of Bankruptcy (Foundation Press, 1992). [CU]

    Cases, Problems, and Materials on Bankruptcy (2nd ed.) (Little Brown and Company, 1990) (edited with Thomas H. Jackson). [CU]

    Cases, Problems and Materials on Bankruptcy, 1989 Supplement, 1989 ed., 1989 Supplement (Little Brown and Company, 1989). [CU]

    Cases, Problems, and Materials on Security Interests in Personal Property (2nd ed.) (Foundation Press, 1987) (edited with Thomas H. Jackson). [CU]

    Cases, Problems, and Materials on Security Interests in Personal Property (Foundation Press, 1984) (edited with Thomas H. Jackson). [CU]

Books (Editor)

    Economics of Contract Law (Edward Elgar, 2007). [CU]

    Contracts Stories (Foundation Press, 2006). [CU]

Journal Articles

    "One-and-a-Half Badges of Fraud," 60 Practical Lawyer 41 (2014).

    "No Exit? Withdrawal Rights and the Law of Corporate Reorganizations," 113 Columbia Law Review 1 (2013) (with Anthony Casey). [CU] [SSRN]

    "Bankruptcy Step Zero," 2012 Supreme Court Review 203 (2013) (with Anthony Casey). [CU] [SSRN]

    "Precontractual Disclosure Duties under the Common European Sales Law," 50 Common Market Law Review 297 (2013). [CU]

    "Lessons from the Automobile Reorganizations," 4 Journal of Legal Analysis 271 (2012). [CU]

    "Blue Collar Constitutional Law," 86 American Bankruptcy Law Journal 3 (2012). [CU]

    "Dodd-Frank for Bankruptcy Lawyers," 19 American Bankruptcy Institute Law Review 287 (2011) (with Edward Morrison). [CU] [SSRN]

    "Antibankruptcy," 119 Yale Law Journal 648 (2010) (with Robert K. Rasmussen). [CU]

    "Bankruptcy from Olympus," 77 University of Chicago Law Review 959 (2010). [CU]

    "Present at the Creation: The SEC and the Origins of the Absolute Priority Rule," 18 American Bankruptcy Institute Law Review 591 (2010). [CU]

    "The Bankruptcy Exchange," 4 Brooklyn Journal of Corporate, Financial and Commercial Law 23 (2009). [CU] [SSRN]

    "Bankruptcy's Undiscovered Country," 25 Emory Bankruptcy Developments Law Journal 1 (2008). [CU]

    "The Holmesian Bad Man's First Critic," 44 Tulsa Law Review 739 (2008). [CU] [SSRN]

    "Other People's Money," 60 Stanford Law Review 1309 (2008) (with M. Todd Henderson). [CU] [SSRN]

    "In Memoriam: Bernard D. Meltzer (1914-2007)," 74 University of Chicago Law Review 417 (2007). [CU]

    "The Young Astronomers," 74 University of Chicago Law Review 1641 (2007). [CU]

    "Technology, Information, and Bankruptcy," 2007 University of Illinois Law Review 305 (2007). [CU]

    "Legal Approaches to Restricting Distributions to Shareholders: The Role of Fraudulent Transfer Law," 7 European Business Organization Law Review 199 (2006). [CU] [SSRN]

    "Beyond Recidivism," 54 Buffalo Law Review 343 (2006). [CU]

    "Discharge, Waiver, and the Behavioral Undercurrents of Debtor-Creditor Law," 73 University of Chicago Law Review 17 (2006). [CU]

    "Absolute Priority, Valuation Uncertainty, and the Reorganization Bargain," 115 Yale Law Journal 1930 (2006) (with Donald S. Bernstein). [CU] [SSRN]

    "Private Debt and the Missing Lever of Corporate Governance," 154 University of Pennsylvania Law Review 1209 (2006) (with Robert K. Rasmussen). [CU]

    "The Prime Directive," 75 University of Cincinnati Law Review 921 (2006) (with Robert K. Rasmussen). [CU]

    "Introduction to Symposium: Homo Economicus, Homo Myopicus, and the Law and Economics of Consumer Choice," 73 University of Chicago Law Review 1 (2006) (with Richard A. Epstein & Cass R. Sunstein). [CU]

    "¿Bogart permanece en boga?: Rights of publicity en la era digital," 14 ius et veritas 179 (2005). [CU]

    "The Boilerplate Puzzle," 104 Michigan Law Review 933 (2005). [CU]

    "Substantive Consolidation Today," 47 Boston College Law Review 5 (2005). [CU]

    "Serial Entrepreneurs and Small Business Bankruptcies," 105 Columbia Law Review 2310 (2005) (with Edward Morrison). [CU]

    "Adversary Proceedings in Bankruptcy: A Sideshow," 79 American Bankruptcy Law Journal 951 (2005) (with Edward Morrison). [CU] [SSRN]

    "Secured Lending and Its Uncertain Future," 25 Cardozo Law Review 1789 (2004). [CU]

    "The New Face of Chapter 11," 12 American Bankruptcy Institute Law Review 69 (2004). [CU]

    "Remembering Pine Gate," 38 John Marshall Law Review 5 (2004). [CU]

    "Remembrances of Adolf Sprudzs," 95 Law Library Journal 331 (2003). [CU]

    "In Coase's Footsteps," 70 University of Chicago Law Review 23 (2003). [CU]

    "Reply: Chapter 11 at Twilight," 56 Stanford Law Review 673 (2003) (with Robert K. Rasmussen). [CU] [SSRN]

    "Llewellyn's Heirs," 62 Louisiana Law Review 1287 (2002). [CU]

    "The End of Bankruptcy," 55 Stanford Law Review 751 (2002) (with Robert K. Rasmussen). [CU] [SSRN]

    "Four (Or Five) Easy Lessons from Enron," 55 Vanderbilt Law Review 1787 (2002) (with Robert K. Rasmussen). [CU] [SSRN]

    "Does Bogart Still Get Scale? Rights of Publicity in the Digital Age," 4 Green Bag 2d 357 (2001). [CU]

    "Control Rights, Priority Rights, and the Conceptual Foundations of Corporate Reorganizations," 87 Virginia Law Review 921 (2001) (with Robert K. Rasmussen). [CU]

    "Commercial Norms and the Fine Art of the Small Con: Comments on Daniel Keating's Exploring the Battle of the Forms in Action," 98 Michigan Law Review 2716 (2000). [CU]

    "Boyd's Legacy and Blackstone's Ghost," 1999 Supreme Court Review 393 (1999) (with Robert K. Rasmussen). [CU] [SSRN]

    "Bankruptcy's Uncontested Axioms," 108 Yale Law Journal 573 (1998). [CU]

    "The Future of Law and Economics: Looking Forward," 64 University of Chicago Law Review 1129 (1997). [CU]

    "Importance of Priority," 82 Cornell Law Review 1420 (1996). [CU]

    "Remembering Walter", 62 University of Chicago Law Review 1339 (1995). [CU]

    "Security Interests Reconsidered," 80 University of Virginia Law Review 2249 (1994). [CU]

    "The Reorganization of Closely Held Firms and the 'Opt Out' Problem," 72 Washington University Law Quarterly 913 (1994). [CU]

    "Introduction: Taking Stock," 36 Journal of Law and Economics 237 (1993). [CU]

    "Revisiting Auctions in Chapter 11," 36 Journal of Law and Economics 633 (1993). [CU]

    "The Dark Side of Chapter 11: A Comment on Professor Triantis' Article," 20 Canadian Business Law Journal 261 (1992). [CU]

    "Book Review (reviewing Avinash K. Dixit & Barry J. Nalebuff, Thinking Strategically: The Competitive Edge in Business, Politics, and Everyday Life (1991))," 100 Journal of Political Economy 1278 (1992). [CU]

    "A Simple Noncooperative Bargaining Model of Corporate Reorganizations," 20 Journal of Legal Studies 311 (1991) (with Randal C. Picker). [CU]

    "Fraudulent Conveyances, Agency Costs, and Leveraged Buyouts," 20 Journal of Legal Studies 1 (1991). [CU]

    "Jury Trials after Granfinanciera," 65 American Bankruptcy Law Journal 1 (1991). [CU]

    "The Initiation Problem in Bankruptcy," 11 International Review of Law and Economics 223 (1991). [CU]

    "Avoiding Powers under the Bankruptcy Code," Current Developments in Bankruptcy and Reorganization __ (1990). [CU]

    "Self-Interest and Cooperation in Long-Term Contracts," 19 Journal of Legal Studies 583 (1990). [CU]

    "The Seventh Amendment and Jury Trials in Bankruptcy," 1989 Supreme Court Review 261 (1989). [CU]

    "Bargaining after the Fall and the Contours of the Absolute Priority Rule," 55 University of Chicago Law Review 738 (1988) (with Thomas H. Jackson). [CU]

    "World without Bankruptcy, A Bankruptcy Revisited," 50 Law and Contemporary Problems 173 (1987). [CU]

    "Loss Distribution, Forum Shopping, and Bankruptcy: A Reply to Warren," 54 University of Chicago Law Review 815 (1987). [CU]

    "The Uneasy Case for Corporate Reorganizations," 15 Journal of Legal Studies 127 (1986). [CU]

    "Fraudulent Conveyance Law and Its Proper Domain," 38 Vanderbilt Law Review 829 (1985) (with Thomas H. Jackson). [CU]

    "Information, Uncertainty, and the Transfer of Property," 13 Journal of Legal Studies 299 (1984) (with Thomas H. Jackson). [CU]

    "Changing Technology and Unchaning Doctrine: Sony Corporation v. Universal Studios, Inc.," 1984 Supreme Court Review 237 (1984). [CU]

    "Kovacs and Toxic Wastes in Bankruptcy," 36 Stanford Law Review 1199 (1984) (with Thomas H. Jackson). [CU]

    "Corporate Reorganizations and the Treatment of Diverse Ownership Interests: A Comment on Adequate Protection of Secured Creditors in Bankruptcy," 51 University of Chicago Law Review 97 (1984) (with Thomas H. Jackson). [CU]

    "Common Law Intellectual Property and the Legacy of International News Service v. Associated Press," 50 University of Chicago Law Review 411 (1983). [CU]

    "Notice Filing and the Problem of Ostensible Ownership," 12 Journal of Legal Studies 53 (1983). [CU]

    "Possession and Ownership: An Examination of the Scope of Article 9," 35 Stanford Law Review 175 (1983) (with Thomas H. Jackson). [CU]

    "Standby Letters of Credit in Bankruptcy," 49 University of Chicago Law Review 130 (1982). [CU]

    "Bankruptcy Procedure and State-Created Rights: The Lessons of Gibbons and Marathon," 1982 Supreme Court Review 25 (1982). [CU]

    "Rules, Standards, and the Battle of the Forms: A Reassessment of §2-207," 68 Virginia Law Review 1217 (1982) (with Robert Weisberg). [CU]

    Note, "Human Cannonballs and the First Amendment: Zacchini v. Scripps-Howard Broadcasting Co.", 30 Stanford Law Review 1185 (1978). [CU]

Book Sections

    "Coase's Journey," in Ronald H. Coase, (University of Chicago Law School, 2014).

    "American Stoic," in American Guy: Masculinity in American Law and Literature, Saul Levmore & Martha Nussbaum eds. (Oxford University Press, 2014).

    "Law, Commerce, and Gender in Trollope's Framley Parsonage," in Subversion and Sympathy: Gender, Law, and the British Novel, Martha Nussbaum & Alison LaCroix eds. (Oxford University Press, 2013). [CU]

    "Reconstructing Contracts: Hamer v. Sidway," in Contracts Stories, Douglas G. Baird ed. (Foundation Press, 2006). [CU]

    "The Story of INS v. AP," in Intellectual Property Stories, Rochelle Cooper Dreyfuss & Jane C. Ginsburg eds. (Foundation Press, 2006). [CU]

    "Enron and the Long Shadow of Stat. 13 Eliz.," in Enron: Corporate Fiascos and their Implications, Bala G. Dharan & Nancy Rapoport eds. (Foundation Press, 2004). [CU]

    "The Law and Economics of Contract Damages," in Chicago Lectures in Law and Economics, Eric Posner ed. (Foundation Press, 2000). [CU]

    "Game Theory and the Law," in 2 The New Palgrave Dictionary of Economics and the Law 192. Peter Newman ed. (Grove Dictionaries, 1998). [CU]

    "Fraudulent Conveyance," in The New Palgrave Dictionary of Economics and the Law 168. Peter Newman ed. (Grove Dictionaries, 1998). [CU]

    "Leveraged Buyouts," in The New Palgrave Dictionary of Economics and the Law 570. Peter Newman ed. (Grove Dictionaries, 1998). [CU]

    "Property Rights, Priority Rights, and Ostensible Ownership: The Deep Structure of Article 9.," in Secured Transactions Under the Uniform Commercial Code, William Hogan, Peter Coogan, Julian McDonnell & Detlev Vagts eds. (Matthew Bender, 1988). [CU]

Other Publications

    "The Lessons of Enron," Fathom, 2002 (with Daniel R. Fischel, Randal C. Picker & Julie Roin). [WWW]