Michael Frakes

Duke University School of Law

Professor of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

  • Duke University School of Law

SCHOLARLY PAPERS

27

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5,473

SSRN CITATIONS
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Top 5,952

in Total Papers Citations

69

CROSSREF CITATIONS

123

Scholarly Papers (27)

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1.

The Impact of Medical Liability Standards on Regional Variations in Physician Behavior: Evidence from the Adoption of National-Standard Rules

American Economic Review, Forthcoming
Number of pages: 49 Posted: 20 Oct 2009 Last Revised: 19 Mar 2012
Michael Frakes
Duke University School of Law
Downloads 659 (42,061)
Citation 12

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malpractice, standard of care, regional variations, locality rule

2.

Does Agency Funding Affect Decisionmaking?: An Empirical Assessment of the PTO’s Granting Patterns

Vanderbilt Law Review, Vol. 66, 2013, Cornell Legal Studies Research Paper No. 12-22, 7th Annual Conference on Empirical Legal Studies Paper
Number of pages: 84 Posted: 18 Jan 2012 Last Revised: 25 May 2014
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 648 (43,071)
Citation 12

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patents, patent law, administrative law, grant, bias, bureaucrat, budget, PTO, patent and trademark office

3.

Irrational Ignorance at the Patent Office

Vanderbilt Law Review, Vol. 72, 2019, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-64
Number of pages: 82 Posted: 13 Nov 2018 Last Revised: 07 May 2019
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 471 (64,624)
Citation 4

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Patent Office, cost-benefit analysis, ex ante versus ex post, rational ignorance, invalid patents, patent litigation

4.

Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence from Micro-Level Application Data

Downloads 459 ( 66,674)
Citation 7

Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence from Micro-Level Application Data

Review of Economics and Statistics, Forthcoming, Northwestern Public Law Research Paper No. 14-39, Northwestern Law & Econ Research Paper No. 14-16, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-39, Illinois Public Law Research Paper No. 14-44
Number of pages: 93 Posted: 18 Jul 2014 Last Revised: 28 Oct 2015
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 422 (73,160)

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U.S. Patent Office, patent examiner, over granting, time allocations

Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence from Micro-Level Application Data

NBER Working Paper No. w20337
Number of pages: 52 Posted: 28 Jul 2014 Last Revised: 30 Sep 2014
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 37 (477,195)
Citation 7

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5.

Does the U.S. Patent & Trademark Office Grant Too Many Bad Patents?: Evidence from a Quasi-Experiment

Stanford Law Review, Vol. 67, 2015, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-32, Illinois Public Law Research Paper No. 14-36
Number of pages: 91 Posted: 18 Apr 2014 Last Revised: 13 Aug 2015
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 449 (68,489)
Citation 4

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Patents, Patent and Trademark Office, Overgranting, Bias, Continuations, RCEs

6.

Classified Boards and Firm Value

Delaware Journal of Corporate Law, Vol. 32, No. 1, pp. 113-158, 2007
Number of pages: 46 Posted: 27 Mar 2007
Michael Frakes
Duke University School of Law
Downloads 397 (79,304)
Citation 1

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delaware, journal, corporate, law, classified board, takeover defense, governance, firm value, frakes, quantile regressions, negative association

7.

Does Medical Malpractice Law Improve Health Care Quality?

Downloads 381 ( 83,196)
Citation 13

Does Medical Malpractice Law Improve Health Care Quality?

Journal of Public Economics, Forthcoming
Number of pages: 89 Posted: 05 Jan 2014 Last Revised: 10 Sep 2016
Michael Frakes and Anupam B. Jena
Duke University School of Law and Harvard University
Downloads 337 (95,068)

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malpractice; health care quality; deterrence; defensive medicine

Does Medical Malpractice Law Improve Health Care Quality?

NBER Working Paper No. w19841
Number of pages: 53 Posted: 25 Jan 2014 Last Revised: 31 Jan 2014
Michael Frakes and Anupam B. Jena
Duke University School of Law and Harvard University
Downloads 44 (446,187)
Citation 3

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8.

The Failed Promise of User Fees: Empirical Evidence from the United States Patent and Trademark Office

Journal of Empirical Legal Studies, Vol. 11, 2014, Cornell Law School Research Paper No. 13-92
Number of pages: 84 Posted: 20 Jul 2013 Last Revised: 13 Aug 2015
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 298 (109,616)

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patents, patent law, administrative law, examination priority, grant, bias, budget, PTO, patent and trademark office

9.

The Surprising Relevance of Medical Malpractice Law

University of Chicago Law Review, Forthcoming
Number of pages: 64 Posted: 18 Mar 2014
Michael Frakes
Duke University School of Law
Downloads 244 (135,016)
Citation 2

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10.

The Deterrent Effect of Death Penalty Eligibility: Evidence from the Adoption of Child Murder Eligibility Factors

Downloads 193 (168,748)
Citation 1

The Deterrent Effect of Death Penalty Eligibility: Evidence from the Adoption of Child Murder Eligibility Factors

Number of pages: 55 Posted: 07 May 2009 Last Revised: 29 Sep 2009
Michael Frakes and Matthew C. Harding
Duke University School of Law and Stanford University - Department of Economics
Downloads 193 (168,614)
Citation 1

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death penalty, deterrence, capital punishment

The Deterrent Effect of Death Penalty Eligibility: Evidence from the Adoption of Child Murder Eligibility Factors

American Law and Economics Review, Vol. 11, Issue 2, pp. 451-497, 2009
Posted: 25 Jan 2010
Michael Frakes and Matthew C. Harding
Duke University School of Law and Stanford University - Department of Economics

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K14, K42

11.

The Economics of Healthcare Rationing

Oxford Handbook of U.S. Healthcare Law, Forthcoming
Number of pages: 40 Posted: 16 May 2015
Michael Frakes, Matthew Frank and Kyle Rozema
Duke University School of Law, Harvard University, Law School, Students and Washington University in St. Louis - School of Law
Downloads 187 (173,605)

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economics, healthcare rationing, healthcare, economic analyses, decision-making, cost-benefit analysis, cost-effectiveness analysis, ethics

12.

Defensive Medicine and Obstetric Practices

Downloads 179 (180,535)
Citation 14

Defensive Medicine and Obstetric Practices

Journal of Empirical Legal Studies, Forthcoming, CELS 2009 4th Annual Conference on Empirical Legal Studies Paper, Duke Law School Public Law & Legal Theory Series No. 2020-12
Number of pages: 35 Posted: 13 Jul 2009 Last Revised: 17 Mar 2020
Michael Frakes
Duke University School of Law
Downloads 177 (182,315)
Citation 3

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malpractice, defensive medicine, cesarean, damage cap

Defensive Medicine and Obstetric Practices

Journal of Empirical Legal Studies, Vol. 9, Issue 3, pp. 457-481, 2012
Number of pages: 25 Posted: 25 Jul 2012
Michael Frakes
Duke University School of Law
Downloads 2 (714,330)
Citation 1
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13.

The Effect of Statutory Rape Laws on Teen Birth Rates

Cornell Legal Studies Research Paper No. 13-89
Number of pages: 69 Posted: 09 Jun 2013 Last Revised: 14 Sep 2015
Michael Frakes and Matthew C. Harding
Duke University School of Law and Stanford University - Department of Economics
Downloads 170 (188,807)

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criminal law, deterrence, statutory rape, public health

14.

Patent Office Cohorts

65 DUKE L.J. 1601 (2016)
Number of pages: 55 Posted: 11 Jul 2015 Last Revised: 13 Sep 2016
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 146 (214,635)
Citation 2

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15.

Empirical Scholarship on the Prosecution Process at the Patent Office (PTO)

2 RESEARCH HANDBOOK ON THE LAW & ECONOMICS OF INTELLECTUAL PROPERTY (Peter S. Menell, David L. Schwartz & Ben Depoorter, eds., Edgar Elgar Publishing) (2016, Forthcoming)
Number of pages: 15 Posted: 09 Aug 2016 Last Revised: 10 Sep 2016
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 101 (282,343)

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Patent Office, patents, agency, empirical, intellectual property

16.

Procrastination in the Workplace: Evidence from the U.S. Patent Office

Downloads 97 (289,894)
Citation 3

Procrastination in the Workplace: Evidence from the U.S. Patent Office

Duke Law School Public Law & Legal Theory Series No. 2017-15
Number of pages: 71 Posted: 21 Dec 2016 Last Revised: 25 Apr 2017
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 88 (310,828)
Citation 2

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Procrastination, Patents, Patent Office, Backlog, Patent Quality

Procrastination in the Workplace: Evidence from the U.S. Patent Office

NBER Working Paper No. w22987
Number of pages: 51 Posted: 27 Dec 2016
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 9 (656,580)
Citation 1

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17.

Do Physicians Respond to Liability Standards?

Journal of Institutional and Theoretical Economics (Forthcoming), Northwestern Public Law Research Paper No. 14-45
Number of pages: 18 Posted: 04 Aug 2014 Last Revised: 11 Sep 2014
Michael Frakes, Matthew Frank and Seth A. Seabury
Duke University School of Law, Harvard University, Law School, Students and University of Southern California - Keck School of Medicine
Downloads 97 (289,894)
Citation 1

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18.

Does Falling Smoking Lead to Rising Obesity?

NBER Working Paper No. w11483
Number of pages: 30 Posted: 18 Aug 2005 Last Revised: 17 Jan 2014
Jonathan Gruber and Michael Frakes
Massachusetts Institute of Technology (MIT) - Department of Economics and Duke University School of Law
Downloads 70 (352,505)
Citation 2

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19.

Knowledge Spillovers and Learning in the Workplace: Evidence from the U.S. Patent Office

Downloads 69 (355,223)

Knowledge Spillovers and Learning in the Workplace: Evidence from the U.S. Patent Office

Duke Law School Public Law & Legal Theory Series No. 2018-11
Number of pages: 40 Posted: 12 Jan 2018 Last Revised: 14 Jun 2018
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 64 (374,324)

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knowledge spillovers, Patent Office, patents, peer effects, examiners

Knowledge Spillovers and Learning in the Workplace: Evidence from the U.S. Patent Office

NBER Working Paper No. w24159
Number of pages: 55 Posted: 03 Jan 2018 Last Revised: 22 Jan 2018
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 5 (686,916)

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20.

Do Patent Lawsuits Target Invalid Patents

Selection and Decision In The Judicial Process Around The World: Empirical Inquiries (Yun-chien Chang ed., Cambridge University Press 2018 Forthcoming), Duke Law School Public Law & Legal Theory Series No. 2018-24
Number of pages: 31 Posted: 12 Mar 2018 Last Revised: 18 Jun 2018
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 65 (366,576)

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21.

Is Great Information Good Enough? Evidence from Physicians as Patients

NBER Working Paper No. w26038
Number of pages: 49 Posted: 09 Jul 2019 Last Revised: 13 Aug 2019
Michael Frakes, Jonathan Gruber and Anupam Jena
Duke University School of Law, Massachusetts Institute of Technology (MIT) - Department of Economics and Harvard University
Downloads 30 (499,730)

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22.

Are There as Many Trademark Offices as Trademark Examiners?

Duke Law Journal, Vol. 69, 2020, Duke Law School Public Law & Legal Theory Series No. 2020-1
Number of pages: 41 Posted: 16 Jan 2020
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 26 (521,572)

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23.

Defensive Medicine: Evidence from Military Immunity

NBER Working Paper No. w24846
Number of pages: 52 Posted: 01 Aug 2018
Michael Frakes and Jonathan Gruber
Duke University School of Law and Massachusetts Institute of Technology (MIT) - Department of Economics
Downloads 19 (564,352)
Citation 1

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24.

Patent Trial and Appeal Board's Consistency-Enhancing Function

Iowa Law Review, Vol. 104, No. 5, 2019, Duke Law School Public Law & Legal Theory Series No. 2019-61
Number of pages: 30 Posted: 24 Aug 2019
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 12 (609,764)

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Agency Adjudication, Patents, PTAB, Patent Office, Heterogeneity

25.

The Effect of Malpractice Law on Physician Supply: Evidence from Negligence-Standard Reforms

NBER Working Paper No. w23446
Number of pages: 39 Posted: 30 May 2017 Last Revised: 12 Jun 2017
Michael Frakes, Matthew Frank and Seth A. Seabury
Duke University School of Law, Harvard University, Law School, Students and University of Southern California - Keck School of Medicine
Downloads 6 (650,886)

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26.

Defensive Medicine and Obstetric Practices: Evidence from the Military Health System

Journal of Empirical Legal Studies, Vol. 17, Issue 1, pp. 4-37, 2020
Number of pages: 34 Posted: 28 May 2020
Michael Frakes and Jonathan Gruber
Duke University School of Law and Massachusetts Institute of Technology (MIT) - Department of Economics
Downloads 0 (712,633)
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27.

The Failed Promise of User Fees: Empirical Evidence from the U.S. Patent and Trademark Office

Journal of Empirical Legal Studies, Vol. 11, Issue 4, pp. 602-636, 2014
Number of pages: 35 Posted: 29 Oct 2014
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 0 (712,633)
Citation 1
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