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Daniel R. Fischel : Publications


Payback: The Conspiracy to Destroy Michael Milken and His Financial Revolution (Harper Business 1995).

The Economic Structure of Corporate Law (Harvard University Press 1991) (with Frank H. Easterbrook).


"Shareholders and Corporate Governance: The Hewlett-Packard Merger," forthcoming (with Kenneth R. Cone, Gregory J. Pelnar and David J. Ross).

"Market Evidence in Corporate Law," 69 U. Chi. L. Rev. 941 (2002).

"Market Evidence in Corporate Law," U. Chi. L. Rev. (forthcoming 2002).

"Multidisciplinary Practice," 55 The Business Lawyer (May 2000).

"Government Liability for Breach of Contract," 1 American L. & Econ. Rev. 313 (1999) (with Alan Sykes).

"Lawyers and Confidentiality," 65 U. Chi. L. Rev. 1 (1998).

"The Law and Economics of Vanishing Premium Life Insurance," 22 Del. J. Corp. Law 1 (1997) (with Robert S. Stillman).

"Clustering and Competition in Asset Markets," 20 J. Law & Econ. 23 (1997) (with Sanford J. Grossman, Merton H. Miller, Kenneth R. Cone and David J. Ross).

"Corporate Crime," 25 J. Legal Studies 319 (1996) (with Alan O. Sykes).

"The Use of Trading Models to-Estimate Aggregate Damages in Securities Fraud Litigation: A Proposal for Chang," in Securities Class Actions: Abuses and Remedies (The National Legal Center for the Public Interest 1994) (with David J. Ross).

"Civil Rico After Reves: An Economic Commentary, 1993 Sup. Ct. Rev. 157 (with Alan O. Sykes).

"Contract and Fiduciary Duty," 36 J. Law & Econ. 425 (1993) (with Frank H. Easterbrook).

"Should the Law Prohibit 'Manipulation' in Financial Markets?," 105 Harv. L. Rev. 503 (1991) (with David J. Ross).

"Efficient Capital Markets, the Crash, and the Fraud on the Market Theory," 74 Cornell L. Rev. 907 (1989).

"The Corporate Contract," 89 Colum. L. Rev. 1416 (1989) (with Frank H. Easterbrook); also published in Corporate Law and Economic Analysis, Lucian Bebchuk, ed. (Cambridge University Press 1990).

"The Economics of Lender Liability," 99 Yale L. J. 131 (1989).

"Should One Agency Regulate Financial Markets," in Black Monday and the Future of Financial Markets, R. Kormendi, R. Kamphuis & J. W. H. Watson, eds. (Dow Jones-Irwin Inc. 1988).

"ERISA's Fundamental Contradiction: The Exclusive Benefit Rule," 55 U. Chi. L. Rev. 1105 (1 988) (with John H., Langbein).

"From MITE to CTS: Takeovers, the Williams Act and the Commerce Clause," 1987 Sup. Ct. Rev. 47.

"The Regulation of Banks and Bank Holding Companies," 73 Va. L. Rev. 301 (1987) (with Andrew M. Rosenfield and Robert S. Stillman).

"The Regulation of Accounting: Some Economic Issues," 52 Brooklyn L. Rev. 1051 (1987).

"Organized Exchanges and the Regulation of Dual Class Common Stock," 54 U. Chi. L. Rev. 119 (1987).

"Comparable Worth and Discrimination in Labor Markets," 53 U. Chi. L. Rev. 891 (1986) (with Edward P. Lazear).

"Comparable Worth: A Rejoinder," 53 U. Chi. L. Rev. 950 (1986) (with Edward P. Lazear).

"Close Corporations and Agency Costs," 38 Stan. L. Rev. 271 (1986) (with Frank H. Easterbrook).

"The Role of Liability Rules and the Derivative Suit in Corporate Law: A Theoretical and Empirical Analysis," 71 Com. L. Rev. 261 (1986) (with Michael Bradley).

"Regulatory Conflict and Entry Regulation of New Futures Contracts," 59 J. Bus. S85 (1985).

"Optimal Damages in Securities Cases," 52 U. Chi. L. Rev. 611 (1985) (with Frank H. Easterbrook).

"The Business Judgment Rule and the Trans Union Case," 40 Bus. Law. 1437 (1985).

"Insider Trading and Investment Analysts: An Economic Analysis of Dirks v. SEC," 13 Hofstra L. Rev. 127 (1984).

"Limited Liability and the Corporation," 52 U. Chi. L. Rev. 89 (1985) (with Frank H. Easterbrook).

"Labor Markets and Labor Law Compared with Capital Markets and Corporate Law," 51 U. Chi. L. Rev. 1061 (1984).

"Customer Protection in Futures and Securities Markets," 4 J. Futures Markets 273 (1984) (with Sanford J. Grossman).

"Mandatory Disclosure and the Protection of Investors," 70 Va. L. Rev. 669 (1984) (with Frank H. Easterbrook).

"The Appraisal Remedy In Corporate Law," 1983 Am. Bar Found. Res. J. 875.

"The Regulation of Insider Trading," 35 Stan. L. Rev. 857 (1983) (with Dennis W. Carlton).

"Voting in Corporate Law," 26 J. Law & Econ. 395 (1983) (with Frank H. Easterbrook).

"Auctions and Sunk Costs in Tender Offers," 35 Stan. L. Rev. 1 (1982) (with Frank H. Easterbrook).

"The Corporate Governance Movement," 35 Vand. L. Rev. 1259 (1982).

"Use of Modern Finance Theory in Securities Fraud Cases Involving Actively Traded Securities," 38 Bus. Law 1 (1982).

"Antitrust Suits By Targets of Tender Offers," 80 Mich. L. Rev. 1155 (May 1982) (with Frank H. Easterbrook).

"Corporate Control Transactions," 91 Yale L. J. 698 (1982) (with Frank H. Easterbrook).

"The 'Race to the Bottom' Revisited: Reflections on Recent Developments in Delaware Corporation Law," 76 Nw. Univ. L. Rev. 913 (1982).

"Takeover Bids, Defensive Tactics and Shareholders' Welfare," 36 Bus. Law 1733 (1981) (with Frank H. Easterbrook).

"The Law and Economics of Dividend Policy," 67 Va. L. Rev. 699 (1981).

"The Proper Role of a Target's Management in Responding to a Tender Offer," 94 Harv. L. Rev. 1161 (1981) (with Frank H. Easterbrook) (awarded prize by Emory University for best paper written in law and economics for the year 1981).

"Secondary Liability Under Section 10(b) of the Securities Act of 1934," 69 California L. Rev. 80 (1981).

"Efficient Capital Market Theory, the Market for Corporation Control, and the Regulation of Cash Tender Offers," 57 Tex. L. Rev. 1 (1978); reprinted in Economic Perspectives on Corporation Law and Securities Regulation, K. Scott and R. Posner, eds. (Little Brown 1980).

"Antitrust Liability for Attempts to Influence Government Action: The Basis and Limits of the Noerr-Pennington Doctrine," 45 U. Chi. L. Rev. 80 (1977).

Comment, "The Demand and Standing Requirements in Stockholder Derivation Actions," 44 U. Chi. L. Rev. 168 (1977).

Comment, "The Use of Government Judgments in Private Antitrust Litigation: Clayton Act Section 5(a), Collateral Estoppel, and Jury Trial," 43 U. Chi. L. Rev. 338 (1976).