Michael Frakes

Duke University School of Law

Professor of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

SCHOLARLY PAPERS

30

DOWNLOADS
Rank 10,358

SSRN RANKINGS

Top 10,358

in Total Papers Downloads

6,099

SSRN CITATIONS
Rank 5,840

SSRN RANKINGS

Top 5,840

in Total Papers Citations

102

CROSSREF CITATIONS

125

Scholarly Papers (30)

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 672 (50,936)
Citation 17

Abstract:

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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 669 (51,195)
Citation 14

Abstract:

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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 587 (60,537)
Citation 3

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

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 453 (82,635)

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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: 28 Jul 2021
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 48 (510,767)
Citation 12

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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 481 (77,523)
Citation 6

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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 401 (96,011)
Citation 2

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

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 344 (113,405)

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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: 19 Sep 2021
Michael Frakes and Anupam B. Jena
Duke University School of Law and Harvard University
Downloads 45 (524,955)
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 306 (129,565)

Abstract:

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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 246 (161,970)
Citation 4

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10.

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 220 (180,258)

Abstract:

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

11.

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 199 (197,836)

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criminal law, deterrence, statutory rape, public health

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 196 (200,541)
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

13.
Downloads 182 (214,248)
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 180 (216,409)
Citation 2

Abstract:

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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 (836,504)
Citation 1
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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 161 (237,796)
Citation 5

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15.
Downloads 129 (283,653)
Citation 5

Procrastination at the Patent Office?

Duke Law School Public Law & Legal Theory Series No. 2017-15
Number of pages: 12 Posted: 21 Dec 2016 Last Revised: 03 Feb 2021
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 117 (306,350)
Citation 5

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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 Last Revised: 24 Oct 2021
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 12 (746,987)
Citation 1

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16.

Are Constitutional Rights Enough? An Empirical Assessment of Racial Bias in Police Stops

Duke Law School Public Law & Legal Theory Series No. 2020-56
Number of pages: 82 Posted: 27 Aug 2020
Rohit Asirvatham and Michael Frakes
affiliation not provided to SSRN and Duke University School of Law
Downloads 126 (288,789)

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17.

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 116 (308,380)
Citation 1

Abstract:

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Patent Office, patents, agency, empirical, intellectual property

18.

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 99 (341,412)
Citation 1

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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: 12 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 78 (399,398)

Abstract:

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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: 05 Jan 2022
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 8 (781,513)

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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: 24 Posted: 12 Mar 2018 Last Revised: 03 Feb 2021
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 82 (383,782)

Abstract:

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21.

Does Falling Smoking Lead to Rising Obesity?

NBER Working Paper No. w11483
Number of pages: 30 Posted: 18 Aug 2005 Last Revised: 18 Nov 2021
Jonathan Gruber and Michael Frakes
Massachusetts Institute of Technology (MIT) - Department of Economics and Duke University School of Law
Downloads 76 (400,983)
Citation 4

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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 54 (476,446)

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23.

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: 19 Nov 2021
Michael Frakes, Jonathan Gruber and Anupam Jena
Duke University School of Law, Massachusetts Institute of Technology (MIT) - Department of Economics and Harvard University
Downloads 50 (492,837)
Citation 1

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24.

Defensive Medicine: Evidence from Military Immunity

NBER Working Paper No. w24846
Number of pages: 52 Posted: 01 Aug 2018 Last Revised: 09 Jan 2022
Michael Frakes and Jonathan Gruber
Duke University School of Law and Massachusetts Institute of Technology (MIT) - Department of Economics
Downloads 25 (623,790)
Citation 8

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25.

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 24 (630,692)
Citation 1

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Agency Adjudication, Patents, PTAB, Patent Office, Heterogeneity

26.

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 9 (743,214)

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27.

Public and Private Options in Practice: The Military Health System

NBER Working Paper No. w28256
Number of pages: 43 Posted: 04 Jan 2021 Last Revised: 09 Jan 2022
Michael Frakes, Jonathan Gruber and Timothy Justicz
Duke University School of Law, Massachusetts Institute of Technology (MIT) - Department of Economics and United States Military Academy, West Point
Downloads 6 (767,434)
Citation 1

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28.

Investing in Ex Ante Regulation: Evidence from Pharmaceutical Patent Examination

NBER Working Paper No. w27579, Duke Law School Public Law & Legal Theory Series No. 2022-01
Number of pages: 61 Posted: 28 Jul 2020 Last Revised: 12 Jan 2022
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 6 (767,434)
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29.

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 1 (813,049)
Citation 4
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30.

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 (830,710)
Citation 2
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