Barak D. Richman

Duke University - School of Law

Professor of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

SCHOLARLY PAPERS

42

DOWNLOADS
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Top 2,111

in Total Papers Downloads

12,705

CITATIONS
Rank 5,317

SSRN RANKINGS

Top 5,317

in Total Papers Citations

97

Scholarly Papers (42)

1.

Transaction Cost Economics: An Assessment of Empirical Research in the Social Sciences

Duke Law School Legal Studies Paper No. 115
Number of pages: 66 Posted: 16 Aug 2006 Last Revised: 28 Mar 2012
Barak D. Richman and Jeffrey Thomas Macher
Duke University - School of Law and Georgetown University - McDonough School of Business - Strategy, Economics and Policy
Downloads 1,476 (8,462)
Citation 27

Abstract:

Transaction Cost Economics, Organizational Theory

2.

How Community Institutions Create Economic Advantage: Jewish Diamond Merchants in New York

Law and Social Inquiry, Vol. 31, No. 2, Spring 2006, Duke Law School Legal Studies Research Paper No. 65, Harvard Law and Economics Discussion Paper No. 384
Number of pages: 39 Posted: 17 Jun 2005 Last Revised: 03 Aug 2012
Barak D. Richman
Duke University - School of Law
Downloads 953 (16,556)
Citation 9

Abstract:

Dispute Resolution, Private Ordering, Religion & Economics, Reputation Mechanisms

3.

Behavioral Economics and Health Policy: Understanding Medicaid's Failure

Cornell Law Review, Vol. 90, No. 3, 2005, Duke Law School Legal Studies Paper No. 62
Number of pages: 66 Posted: 09 Mar 2005
Barak D. Richman
Duke University - School of Law
Downloads 804 (20,870)

Abstract:

Behavioral Economics, Health Economics, Health Care, Health Policy, Medicaid

4.

Organizational Responses to Discontinuous Innovation: A Case Study Approach

International Journal of Innovation Management, Vol. VII, No. 1, March 2004
Number of pages: 28 Posted: 12 Jan 2004 Last Revised: 03 Aug 2012
Jeffrey Thomas Macher and Barak D. Richman
Georgetown University - McDonough School of Business - Strategy, Economics and Policy and Duke University - School of Law
Downloads 618 (31,935)
Citation 4

Abstract:

Architectural/Radical Innovation, Entrant-Incumbant Competition, Managemenet of Technology

5.

Distributive Injustice(s) in American Health Care

Law and Contemporary Problems, Vol. 69, No. 4, 2006, Duke Law School Legal Studies Paper No. 140
Number of pages: 77 Posted: 05 Feb 2007
Clark C. Havighurst and Barak D. Richman
Duke University School of Law and Duke University - School of Law
Downloads 594 (32,175)
Citation 3

Abstract:

6.

A Careful Examination of the Live Nation-Ticketmaster Merger

William & Mary Law School Research Paper No. 09-41
Number of pages: 130 Posted: 27 Jan 2010 Last Revised: 28 Dec 2014
Alan J. Meese and Barak D. Richman
William & Mary Law School and Duke University - School of Law
Downloads 561 (35,649)

Abstract:

7.

A Transaction Cost Economizing Approach to Regulation: Understanding the NIMBY Problem and Improving Regulatory Responses

Yale Journal on Regulation, Winter 2006, Duke Law School Legal Studies Paper No. 56
Number of pages: 48 Posted: 06 May 2005 Last Revised: 04 Mar 2011
Barak D. Richman and Christopher Boerner
Duke University - School of Law and Genentech, Inc.
Downloads 556 (33,990)
Citation 3

Abstract:

Environmental Regulation, Transaction Cost Economics, Land Use, NIMBY

8.

Firms, Courts, and Reputation Mechanisms: Towards a Positive Theory of Private Ordering

Columbia Law Review, Vol. 104, No. 8, 2004
Number of pages: 41 Posted: 19 Jul 2004
Barak D. Richman
Duke University - School of Law
Downloads 525 (37,445)
Citation 15

Abstract:

Private Ordering, Contract Enforcement, Transaction Cost Economics

9.

When Money Grew on Trees: Lucy v. Zehmer and Contracting in a Boom Market

Duke Law Journal Vol. 61:1511, 2012
Number of pages: 52 Posted: 04 Feb 2011 Last Revised: 28 Dec 2014
Barak D. Richman and Dennis Schmelzer
Duke University - School of Law and Dechert LLP
Downloads 500 (38,571)

Abstract:

10.

Valuing Health Care: Improving Productivity and Quality

Number of pages: 64 Posted: 20 Apr 2012
Stanford University - Department of Economics, University of Wisconsin - Madison - Department of Economics, New America Foundation, Duke University - School of Medicine, affiliation not provided to SSRN, Ewing Marion Kauffman Foundation, Drug Discovery Center of Innovation, Sage Bionetworks, Manhattan Institute for Policy Research, University of Pennsylvania - Wharton School, Georgetown University, Cato Institute, Ewing Marion Kauffman Foundation, Dr. Susan Love Research Foundation, EGL Advisors/The Ludy Family Foundation, Ewing Marion Kauffman Foundation, Harvard University - Department of Health Policy & Management, Ewing Marion Kauffman Foundation, Arizona State University, Mayo Clinic Center for Individualized Medicine, Yale University - Law School, Duke University School of Law, Brookings Institution, Duke University - School of Law, Syracuse University, Yale University - Law School, Pfizer, Inc., West Wireless Health Institute, Ewing Marion Kauffman Foundation, Ewing Marion Kauffman Foundation and Ewing Marion Kauffman Foundation
Downloads 452 (44,354)

Abstract:

health care, health, policy, productivity, regulation

11.

Ethnic Networks, Extralegal Certainty, and Globalisation: Peering into the Diamond Industry

LEGAL CERTAINTY BEYOND THE STATE, Volkmar Gessner, ed., Hart Publishing, Forthcoming, Duke Law School Legal Studies Paper No. 134
Number of pages: 20 Posted: 05 Dec 2006 Last Revised: 03 Aug 2012
Barak D. Richman
Duke University - School of Law
Downloads 422 (44,920)
Citation 5

Abstract:

12.

Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic Cartels

Pepperdine Law Review, Vol. 39, Special Issue, 2013
Number of pages: 24 Posted: 13 Apr 2011 Last Revised: 28 Dec 2014
Barak D. Richman
Duke University - School of Law
Downloads 376 (60,321)

Abstract:

Modeling Supreme Court Strategic Decision Making: The Congressional Constraint

Number of pages: 34 Posted: 22 Aug 2003
Mario Bergara, Barak D. Richman and Pablo T. Spiller
Universidad de la Republica (University of Uruguay) - Department of Economics, Duke University - School of Law and University of California, Berkeley - Business & Public Policy Group
Downloads 334 (70,056)
Citation 25

Abstract:

Modeling Supreme Court Strategic Decision Making: The Congressional Constraint

Legislative Studies Quarterly, Vol. 28, No. 2, May 2003
Posted: 22 Aug 2003
Mario Bergara, Barak D. Richman and Pablo T. Spiller
Universidad de la Republica (University of Uruguay) - Department of Economics, Duke University - School of Law and University of California, Berkeley - Business & Public Policy Group

Abstract:

14.

The Provider-Monopoly Problem in Health Care

Oregon Law Review, Vol. 89, No.3, 2011
Number of pages: 38 Posted: 27 May 2009 Last Revised: 25 Dec 2014
Clark C. Havighurst and Barak D. Richman
Duke University School of Law and Duke University - School of Law
Downloads 300 (59,748)

Abstract:

15.

Antitrust and Nonprofit Hospital Mergers: A Return to Basics

University of Pennsylvania Law Review, Vol. 156, 2007, Duke Law School Legal Studies Paper No. 156, Duke Science, Technology & Innovation Paper No. 15
Number of pages: 31 Posted: 26 Mar 2007 Last Revised: 30 Jan 2014
Barak D. Richman
Duke University - School of Law
Downloads 300 (71,130)
Citation 2

Abstract:

nonprofits, hospital mergers, health care competition

16.

A Bridge, a Tax Revolt, and the Struggle to Industrialize: The Story and Legacy of Rockingham County V. Luten Bridge Co.

North Carolina Law Review, Vol. 84, 2006, Duke Law School Legal Studies Paper No. 101
Number of pages: 72 Posted: 16 Dec 2005 Last Revised: 03 Aug 2012
Barak D. Richman, Jordi Weinstock and Jason Mehta
Duke University - School of Law, affiliation not provided to SSRN and Harvard Law School
Downloads 266 (87,078)

Abstract:

17.

Incorporating Psychosocial Variables Into Health Care Policy: A Behavioral Economic Examination of Medicaid Expansion

Number of pages: 63 Posted: 27 Jan 2003
Barak D. Richman
Duke University - School of Law
Downloads 250 (95,176)

Abstract:

Behavioral Economics, Health Economics, Health Care, Health Policy, Medicaid

18.

Concentration in Health Care Markets: Chronic Problems and Better Solutions

American Enterprise Institute, June 2012
Number of pages: 31 Posted: 19 Oct 2012 Last Revised: 27 Dec 2014
Barak D. Richman
Duke University - School of Law
Downloads 244 (89,604)

Abstract:

19.

Mechanism Choice

PUBLIC CHOICE AND PUBLIC LAW, Daniel A. Farber and Anne Joseph O'Connell, eds., Forthcoming, Duke Law School Public Law & Legal Theory Paper No. 250
Number of pages: 44 Posted: 21 May 2009 Last Revised: 06 Oct 2012
Jonathan B. Wiener and Barak D. Richman
Duke University and Duke University - School of Law
Downloads 234 (99,688)
Citation 2

Abstract:

20.

Lessons from India in Organizational Innovation: A Tale of Two Heart Hospitals

Health Affairs, Vol. 27, No. 5, 2008, Duke Law School Public Law & Legal Theory Paper No. 222, Duke Science, Technology & Innovation Paper No. 30
Number of pages: 13 Posted: 06 Oct 2008
Duke University - School of Law, affiliation not provided to SSRN, Duke University - Fuqua School of Business and Duke University Medical Center
Downloads 216 (104,565)

Abstract:

21.

The King of Rockingham County and the Original Bridge to Nowhere

CONTRACT STORIES, Foundation Press, 2007, Duke Law School Legal Studies Paper No. 131
Number of pages: 32 Posted: 17 Oct 2006
Barak D. Richman
Duke University - School of Law
Downloads 213 (107,840)

Abstract:

22.

The Antitrust of Reputation Mechanisms: Institutional Economics and Concerted Refusals to Deal

Virginia Law Review, Vol. 94, April 2009, Duke Law School Public Law Paper No. 209
Number of pages: 63 Posted: 15 May 2008 Last Revised: 03 Aug 2012
Barak D. Richman
Duke University - School of Law
Downloads 175 (131,971)
Citation 1

Abstract:

23.

Rebuilding Illinois Brick: A Functionalist Approach to the Indirect Purchaser Rule

Southern California Law Review, Vol. 81, 2007, Duke Law School Legal Studies Paper No. 155
Number of pages: 42 Posted: 12 Apr 2007 Last Revised: 04 Aug 2012
Barak D. Richman and Christopher R. Murray
Duke University - School of Law and affiliation not provided to SSRN
Downloads 172 (128,693)

Abstract:

Antitrust Standing, Indirect Purchaser Rule, Illinois Brick

24.

The Challenge of Co-Religionist Commerce

64 Duke Law Journal 769 (2015), Pepperdine University Legal Studies Research Paper No. 2015/4, Duke Law School Public Law & Legal Theory Series
Number of pages: 54 Posted: 03 Mar 2014 Last Revised: 30 Mar 2015
Michael A. Helfand and Barak D. Richman
Pepperdine University School of Law and Duke University - School of Law
Downloads 162 (113,771)

Abstract:

formalism, Establishment Clause, religion, contextualism, co-religionist commerce, neutral principles of law

Who Pays? Who Benefits? Unfairness in American Health Care

Notre Dame Journal of Law, Ethics and Public Policy, Vol. 25, p. 101, 2011
Number of pages: 34 Posted: 26 May 2011 Last Revised: 25 Dec 2014
Clark C. Havighurst and Barak D. Richman
Duke University School of Law and Duke University - School of Law
Downloads 139 (167,929)

Abstract:

Who Pays? Who Benefits? Unfairness in American Health Care

Notre Dame Journal of Law, Ethics and Public Policy, Vol. 25, No. 2, 2011
Number of pages: 34 Posted: 05 May 2016
Clark C. Havighurst and Barak D. Richman
Duke University School of Law and Duke University - School of Law
Downloads 11 (496,282)

Abstract:

26.

Foreword: Health Policy's Fourth Dimension

Law and Contemporary Problems, Vol. 69, No. 4, 2006, Duke Law School Legal Studies Paper No. 140
Number of pages: 7 Posted: 29 Jan 2007
Clark C. Havighurst and Barak D. Richman
Duke University School of Law and Duke University - School of Law
Downloads 125 (177,642)

Abstract:

27.

On Doctors and Judges

Duke Law Journal, Vol. 58, No. 7, 2009, Duke Law School Public Law & Legal Theory Paper No. 248
Number of pages: 12 Posted: 18 May 2009 Last Revised: 01 Jun 2009
Barak D. Richman
Duke University - School of Law
Downloads 105 (199,090)

Abstract:

28.

Insurance Expansions: Do They Hurt Those They are Designed to Help?

Health Affairs, Vol. 26, No. 5, 2007, Duke Law School Legal Studies Paper No. 169
Number of pages: 14 Posted: 14 Sep 2007
Barak D. Richman
Duke University - School of Law
Downloads 91 (225,054)
Citation 1

Abstract:

29.

Understanding the 'Corporate' in Corporate Social Responsibility

Harvard Law & Policy Review, Vol. 2, No. 1, p. 33, 2008
Number of pages: 20 Posted: 19 Oct 2012
Aaron Chatterji and Barak D. Richman
Duke University - Fuqua School of Business and Duke University - School of Law
Downloads 85 (193,992)

Abstract:

30.

Hidden Costs? Malpractice Allegations and Defensive Medicine Among Cardiac Surgeons

Number of pages: 41 Posted: 23 Jan 2012
Barak D. Richman and Marco Huesch
Duke University - School of Law and Duke University - School of Medicine
Downloads 81 (229,904)

Abstract:

31.

Norms and Law: Putting the Horse Before the Cart

Duke Law Journal, Vol. 62, No. 3, 2012
Number of pages: 28 Posted: 15 Dec 2012
Barak D. Richman
Duke University - School of Law
Downloads 80 (221,885)

Abstract:

private ordering, private legal systems, reputational exchange

32.

Fragmentation in Mental Health Benefits and Services: A Preliminary Examination into Consumption and Outcomes

OUR FRAGMENTED HEALTH SYSTEM: CAUSES AND SOLUTIONS, Barak Richman, Daniel Grossman, and Frank Sloan (Einer Elhauge, ed.), Oxford University Press, 2010
Number of pages: 22 Posted: 26 Aug 2009 Last Revised: 28 Dec 2014
Barak D. Richman, Frank A. Sloan and Dan Grossman
Duke University - School of Law, Duke University - Center for Health Policy, Law and Management and Duke University Medical Center
Downloads 80 (233,168)

Abstract:

33.

Overbilling and Informed Financial Consent -- A Contractual Solution

New England Journal of Medicine, Vol. 476, No. 5, p. 396, August 2012
Number of pages: 2 Posted: 09 Aug 2012
Barak D. Richman, Mark A. Hall and Kevin A. Schulman
Duke University - School of Law, Wake Forest University - School of Law and Duke University Medical Center
Downloads 69 (256,897)

Abstract:

34.

Contracts Meet Henry Ford

Hofstra Law Review, Vol. 40, No. 77, 2011
Number of pages: 10 Posted: 23 Jan 2012 Last Revised: 28 Dec 2014
Barak D. Richman
Duke University - School of Law
Downloads 68 (267,370)

Abstract:

35.

Mental Health Care Consumption and Outcomes: Considering Preventative Strategies Across Race and Class

Number of pages: 25 Posted: 23 Jan 2012
Barak D. Richman, Dan Grossman, Frank A. Sloan and Craig Chepke
Duke University - School of Law, Duke University Medical Center, Duke University - Center for Health Policy, Law and Management and affiliation not provided to SSRN
Downloads 52 (278,324)

Abstract:

36.

A Cautious Path Forward on Accountable Care Organizations

Journal of the American Medical Association, Vol. 305, No. 6, February 2011
Number of pages: 2 Posted: 19 Oct 2012
Barak D. Richman and Kevin A. Schulman
Duke University - School of Law and Duke University Medical Center
Downloads 23 (382,578)

Abstract:

37.

On the Constitutionality of Health Care Reform

North Carolina Medical Journal, Vol. 71, No. 3, May/June 2010
Number of pages: 7 Posted: 19 Oct 2012
Barak D. Richman
Duke University - School of Law
Downloads 15 (424,883)

Abstract:

38.

Could Data Broker Information Threaten Physician Prescribing and Professional Behavior?

CESR-Schaeffer Working Paper No. 2015-009, Duke Law School Public Law & Legal Theory Series No. 2015-28
Number of pages: 13 Posted: 27 Jun 2015
Marco Huesch, Michael Ong and Barak D. Richman
Duke University - School of Medicine, University of California, Los Angeles (UCLA) - Department of Health Services and Duke University - School of Law
Downloads 12 (409,855)

Abstract:

physician privacy

39.

Elhauge on Tying: Vindicated by History

Tulsa Law Review, Vol. 49, No. 3, 2014
Number of pages: 24 Posted: 05 May 2016
Barak D. Richman and Steven Usselman
Duke University - School of Law and Georgia Institute of Technology
Downloads 0 (476,062)

Abstract:

antitrust, tying, IBM

40.

Right-Skilling: Rabbis and the Rabbinic Role for a New Century

Number of pages: 17 Posted: 01 May 2016
Barak D. Richman and Daniel J. Libenson
Duke University - School of Law and affiliation not provided to SSRN
Downloads 0 (419,761)

Abstract:

organizational innovation, American Judaism, right-skilling

41.

An Autopsy of Cooperation: Diamond Dealers and the Limits of Trust-Based Exchange

Number of pages: 54 Posted: 21 Apr 2016 Last Revised: 02 Aug 2016
Barak D. Richman
Duke University - School of Law
Downloads 0 (225,054)

Abstract:

trust-based exchange, diamond dealers, private ordering, coordinated punishments

42.

The Mechanics of Statelessness: Peering into the Diamond Industry and the Institutions of Trust-Based Exchange

Inequality, Trust and Ethics Conference: London 2015
Posted: 18 May 2015
Barak D. Richman
Duke University - School of Law

Abstract: