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Daniel R. Fischel : Publications

Books (Author)

    Payback: The Conspiracy to Destroy Michael Milken and the Financial Revolution He Created (Harper Collins, 1995). [CU]

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

Journal Articles

    "Market Evidence in Corporate Law," 69 University of Chicago Law Review 941 (2002). [CU]

    "Multidisciplinary Practice," 55 Business Lawyer 951 (2000). [CU] [SSRN]

    "Government Liability for Breach of Contract," 1 American Law and Economics Review 313 (1999) (with Alan O. Sykes). [CU] [SSRN]

    "Lawyers and Confidentiality," 65 University of Chicago Law Review 1 (1998). [CU]

    "The Law and Economics of Vanishing Premium Insurance," 22 Delaware Journal of Corporate Law 1 (1997) (with Robert S. Stillman). [CU]

    "Clustering and Competition in Asset Markets," 40 Journal of Law and Economics 23 (1997) (with Kenneth R. Cone, Sanford J. Grossman & Merton H. Miller). [CU]

    "Corporate Crime," 25 Journal of Legal Studies 319 (1996) (with Alan O. Sykes). [CU]

    "Contract and Fiduciary Duty," 36 Journal of Law and Economics 425 (1993) (with Frank H. Easterbrook). [CU]

    "Civil RICO after Reves: An Economic Commentary," 1993 Supreme Court Review 157 (1993) (with Alan O. Sykes). [CU]

    "Should the Law Prohibit 'Manipulation' in Financial Markets?," 105 Harvard Law Review 503 (1991) (with David J. Ross). [CU]

    "Property Rights, Legal Wrongs in Insider Trading," American Enterprise 57 (1990) (with Frank H. Easterbrook). [CU]

    "The Corporate Contract," 89 Columbia Law Review 1416 (1989) (with Frank H. Easterbrook). [CU]

    "The Economics of Lender Liability," 99 Yale Law Journal 131 (1989). [CU]

    "Efficient Capital Markets the Crash and the Fraud on the Market Theory," 74 Cornell Law Review 907 (1989). [CU]

    "ERISA's Fundamental Contradiction: The Exclusive Benefit Rule," 55 University of Chicago Law Review 1105 (1988) (with John H. Langbein). [CU]

    "Organized Exchanges and the Regulation of Dual Class Common Stock," 54 University of Chicago Law Review 119 (1987). [CU]

    "The Regulation of Banks and Bank Holding Companies," 73 Virginia Law Review 301 (1987) (with Andrew M. Rosenfield & Robert S. Stillman). [CU]

    "From MITE to CTS: State Anti-Takeover Statutes, the Williams Act, the Commerce Clause and Insider Trading," 1987 Supreme Court Review 47 (1987). [CU]

    "The Regulation of Accounting: Some Economic Issues," 52 Brooklyn Law Review 1051 (1986). [CU]

    "The Role of Liability Rules and the Derivative Suit in Corporate Law: A Theoretical and Empirical Anaylsis," 71 Cornell Law Review 261 (1986) (with Michael Bradley). [CU]

    "Comparable Worth and Discrimination in Labor Markets," 53 University of Chicago Law Review 891 (1986) (with Edward P. Lazear). [CU]

    "Comparable Worth: A Rejoinder," 53 University of Chicago Law Review 950 (1986) (with Edward P. Lazear). [CU]

    "Regulatory Conflict and Entry Regulation of New Futures Contracts," 59 Journal of Business S85 (1986). [CU]

    "Limited Liability and the Corporation," 27 Corporate Practice Commentator 313 (1985) (with Frank H. Easterbrook) (originally published as 52 U. Chi. L. Rev. 89 1985). [CU]

    "Limited Liability and the Corporation," 52 University of Chicago Law Review 89 (1985) (with Frank H. Easterbrook). [CU]

    "Optimal Damages in Securities Cases," 52 University of Chicago Law Review 611 (1985) (with Frank H. Easterbrook). [CU]

    "Close Corporations and Agency Costs," 38 Stanford Law Review 271 (1985) (with Frank H. Easterbrook). [CU]

    "Mandatory Disclosure and the Protection of Investors," 70 Virginia Law Review 669 (1984) (with Frank H. Easterbrook). [CU]

    "Labor Markets and Labor Law Compared with Capital Markets and Corporate Law," 51 University of Chicago Law Review 1061 (1984). [CU]

    "Insider Trading and Investment Analysts: An Economic Analysis of Dirks v. Securities and Exchange Commission," 13 Hofstra Law Review 127 (1984). [CU]

    "Business Judgment Rule and the Trans Union Case, The Institute on Dynamics of Corporate Control," 40 Business Lawyer (ABA) 1437 (1984). [CU]

    "Customer Protection in Futures and Securities Markets," 4 Journal of Futures Markets 273 (1984) (with Sanford J. Grossman). [CU]

    "Voting in Corporate Law Corporations and Private Property," 26 Journal of Law and Economics 395 (1983) (with Frank H. Easterbrook). [CU]

    "The Appraisal Remedy in Corporate Law," 1983 American Bar Foundation Research Journal 875 (1983). [CU]

    "Antitrust Suits by Targets of Tender Offers," 24 Corporate Practice Commentator 515 (1982) (with Frank H. Easterbrook) (originally published as 80 Mich L Rev 1155 1982). [CU]

    "Antitrust Suits by Targets of Tender Offers," 80 Michigan Law Review 1155 (1982) (with Frank H. Easterbrook). [CU]

    "Auctions and Sunk Costs in Tender Offers," 35 Stanford Law Review 1 (1982) (with Frank H. Easterbrook). [CU]

    "Use of Modern Finance Theory in Securities Fraud Cases Involving Actively Traded Securities," 38 Business Lawyer (ABA) 1 (1982). [CU]

    "The Corporate Governance Movement," 35 Vanderbilt Law Review 1259 (1982). [CU]

    "The Regulation of Insider Trading," 35 Stanford Law Review 857 (1982) (with Dennis W. Carlton). [CU]

    "The Proper Role of a Target's Management in Responding to a Tender Offer," 94 Harvard Law Review 1161 (1981) (with Frank H. Easterbrook). [CU]

    "Corporate Control Transactions," 91 Yale Law Journal 698 (1981) (with Frank H. Easterbrook). [CU]

    "Takeover Bids, Defensive Tactics, and Shareholders' Welfare," 36 Business Lawyer (ABA) 1733 (1981) (with Frank H. Easterbrook). [CU]

    "Secondary Liability under Section 10(b) of the Securities Act of 1934," 69 California Law Review 80 (1981). [CU]

    "Race to the Bottom Revisited: Reflections on Recent Developments in Delaware's Corporation Law," 76 Northwestern University Law Review 913 (1981). [CU]

    "The Law and Economics of Dividend Policy," 67 Virginia Law Review 699 (1981). [CU]

    "Efficient Capital Market Theory, the Market for Corporate Control, and the Regulation of Cash Tender Offers," 57 Texas Law Review 1 (1978). [CU]

    "Antitrust Liability for Attempts to Influence Government Action: The Basis and Limits of the Noerr--Pennington Doctrine," 45 University of Chicago Law Review 80 (1977). [CU]

    Comment, "The Demand and Standing Requirements in Stockholder Derivative Actions," 44 University of Chicago Law Review 168 (1976). [CU]

    Comment, "The Use of Government Judgments in Private Antitrust Litigation: Clayton Act Section 5(a), Collateral Estoppel, and Jury Trial," 43 University of Chicago Law Review 338 (1975). [CU]

Book Sections

    "The Hewlett-Packard Merger: A Case Study," in The New Investor Relations: Expert Perspectives on the State of the Art, Benjamin Mark Cole ed. (Bloomberg Press, 2004) (with Kenneth R. Cone, Eduardo Peñalver & David J. Ross). [CU]

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

    "The Corporate Contract," in Foundations of Corporate Law, Roberta Romano ed. (Oxford University Press, 1993) (with Frank H. Easterbrook). [CU]

    "Limited Liability and the Corporation," in Foundations of Corporate Law, Roberta Romano ed. (Oxford University Press, 1993) (with Frank H. Easterbrook). [CU]

    "The Corporate Contract," in Corporate Law and Economic Analysis, Lucian Arye Bebchuk ed. (Cambridge University Press, 1990) (with Frank H. Easterbrook). [CU]

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

    "Corporate Control Transactions," in Corporate Counsel's Annual, E. Burchell ed. (1983) (with Frank H. Easterbrook). [CU]

    "The Proper Role of a Target's Management in Responding to a Tender Offer," in Corporate Counsel's Annual, E. Burchell ed. (1982) (with Frank H. Easterbrook). [CU]

    "The Proper Role of a Target's Management in Responding to a Tender Offer," in Fiduciary Problems in Acquisitions and Takeovers, Leo Herzel ed. (1981) (with Frank H. Easterbrook). [CU]

    "The Proper Role of a Target's Management in Responding to a Tender Offer," in Thirteenth Annual Institute on Securities Regulation, A. Fleischer ed. (1981) (with Frank H. Easterbrook). [CU]

Other Publications

    "The Lessons of Enron," Fathom, 2002 (with Douglas G. Baird & Randal C. Picker & Julie Roin). [WWW]

    "A Firm That Failed Well," Wall Street Journal, October 13, 1998 (with Randal C. Picker).

    "Trading on Inside Information," University of Chicago Law School Record, Spring 1990 (with Frank H. Easterbrook).

    "Is Takeover Defense in Shareholders' Best Interest?," Legal Times of Washington, August 11, 1981, at p. 42 (with Frank H. Easterbrook).