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M. Todd Henderson : Publications

Journal Articles

    "The Boundaries of 'Team' Production of Corporate Governance," 38 Seattle University Law Review 365 (2015) (with Anthony Casey). [WWW]

    "Boards-R-Us: Reconceptualizing Corporate Boards," 66 Stanford Law Review 1051 (2014) (with Stephen Bainbridge).

    "Can Lawyers Stay in the Driver's Seat?," 38 International Review of Law and Economics 17 (2014) (with Daniel G. Currell). [CU] [WWW]

    "Reconceptualizing Corporate Boards," 35 Corporate Board 22 (2014) (with Stephen Bainbridge). [CU]

    "Becoming a Fifth Branch," 99 Cornell Law Review 1 (2013) (with William A. Birdthistle). [CU] [SSRN]

    "Reverse Regulatory Arbitrage: An Auction Approach to Regulatory Assignments," 98 Iowa Law Review 1895 (2013) (with Frederick Tung). [CU]

    "Self-Regulation for the Mortgage Industry," 2013 University of Chicago Legal Forum 229 (2013). [CU]

    "Becoming the Fifth Branch," 99 Cornell Law Review 2013 (2012) (with William A. Birdthistle). [CU]

    "Voice and Exit in Health Care Policy," 17 Pathology Case Reviews 167 (2012). [CU]

    "Pay for Regulator Performance," 85 University of Southern California Law Review 1003 (2012) (with Frederick Tung). [CU]

    "The English Premier League's Home Grown Player Rule Under the Law of the European Union," 37 Brooklyn Journal of International Law 259 (2011). [CU]

    "Do Accounting Rules Matter? - The Dangerous Allure of Mark to Market," 36 Journal of Corporation Law 513 (2011) (with Richard A. Epstein). [CU]

    "Insider Trading and CEO Pay," 64 Vanderbilt Law Review 505 (2011). [CU]

    "Justifying Jones," 77 University of Chicago Law Review 1027 (2010). [CU] [SSRN]

    "Predicting Crime," 52 Arizona Law Review 15 (2010) (with Justin Wolfers & Eric Zitzewitz). [CU]

    "The Going Private Phenomenon: Causes and Implications," 76 University of Chicago Law Review 1 (2009) (with Richard A. Epstein). [CU]

    Response, "The Impotence of Delaware's Taxes: A Response to Barzuza's 'Delaware's Compensation'", 95 Virginia Law Review In Brief 49 (2009). [CU]

    "Credit Derivatives are Not Insurance," 16 Connecticut Insurance Law Journal 1 (2009). [CU]

    "Two Visions of Corporate Law," 77 George Washington Law Review 708 (2009). [CU]

    "The Nanny Corporation," 76 University of Chicago Law Review 1517 (2009). [CU]

    "Corporate Philanthropy and the Market for Altruism," 109 Columbia Law Review 571 (2009) (with Anup Malani). [CU] [SSRN]

    "One Hat Too Many - Investment Desegregation in Private Equity," 76 University of Chicago Law Review 45 (2009) (with William A. Birdthistle). [CU] [SSRN]

    "Citing Fiction," 11 Green Bag 2d 171 (2008). [CU] [SSRN]

    "Other People's Money," 60 Stanford Law Review 1309 (2008) (with Douglas G. Baird). [CU] [SSRN]

    "Deconstructing Duff and Phelps," 74 University of Chicago Law Review 1739 (2008). [CU] [SSRN]

    "Prediction Markets for Corporate Governance," 82 University of Notre Dame Law Review 1343 (2007) (with Michael Abramowicz). [CU] [SSRN]

    "Paying CEOs in Bankruptcy: Executive Compensation When Agency Costs Are Low," 101 Northwestern University Law Review 1543 (2007). [CU]

    "From Seriatim to Consensus and Back Again: A Theory of Dissent," 2007 Supreme Court Review 283 (2007). [CU]

    "The Influence of F.A. Hayek on Law: An Empirical Analysis," 1 New York University Journal of Law and Liberty 249 (2005). [CU] [SSRN]

    "Corporate Heroin: A Defense of Perks, Executive Loans, and Conspicuous Consumption," 93 Georgetown Law Journal 1835 (2004) (with James C. Spindler). [CU] [SSRN]

Book Sections

    "Second Best Is Good Enough: The Case of Jones v. Harris Associates," in Business and the Roberts Court, Jonathan Adler ed. (Oxford University Press, forthcoming).

    "The Changing Demand for Insider Trading Regulation," in Research Handbook on Insider Trading, Stephen Bainbridge ed. (Edward Elgar, 2013). [CU]

    "Insider Trading and Executive Compensation: What We Can Learn from the Experience with Rule 10b5-1," in Research Handbook On Executive Pay, Jennifer G. Hill & Randall S. Thomas eds. (Edward Elgar, 2012). [CU]

    "Everything Old Is New Again: Lessons from Dodge v. Ford Motor Company," in Corporate Law Stories, (Foundation Press, 2009). [CU]

Other Publications

    "Boards-R-Us: Reconceptualizing Corporate Boards," HLS Forum on Corporate Governance and Financial Regulation, July 27, 2013. [WWW]

    "Divestment and Financial Illiteracy," Huffington Post, May 22, 2013. [WWW]

    "Reconceptualizing Corporate Boards," Regulation, Fall 2013. [CU] [WWW]

    "Voice and Exit in Health Care Policy," Regulation, Spring 2013. [CU] [WWW]

    "Paying Bank Examiners for Performance: Should Regulators Receive Bonuses for Effectively Guarding the Public Interest?," Regulation, April Spring 2012 (with Frederick Tung). [CU] [SSRN]

    "What Kind of Health-Care Paternalism Do We Want?," Wall Street Journal, June 20, 2009, at p. 14.

    "Voluntary Disclosures Regarding Insiders’ Rule 10b5-1 Trading Plans," HLS Forum on Corporate Governance and Financial Regulation, August 27, 2008. [WWW]

    "Capitalism 2.0," Forbes Online, March 11, 2008 (with Anup Malani). [WWW]