Curriculum Vitae
Barak D. Richman
Office Address:
Assistant Professor of Law
Duke University School of Law
Box 90360, Durham, NC 27708-0360
Tel: (919) 613-7244
Fax: (919) 613-7231
E-mail: richman@law.duke.edu
SSRN Website: http://ssrn.com/author=334149
Classes Taught:
- Contracts
- Antitrust
- Comparative Antitrust
- Health Law
- Health Sector Management (as contributing lecturer, at Fuqua)
- Introduction to Health Policy (as contributing lecturer, at Sanford Inst.)
Areas of Research:
- Institutional Economics
- Law and Economics of Contracts
- Health Law & Policy
- Antitrust
- Regulation Policy
- Behavioral Economics & Health
Education:
2008 (expected) University of California, Berkeley
- Haas School of Business
- Ph.D. in Business Administration, Program in Business and Public Policy
- Dissertation Title: “Essays in Private Ordering: Origins, Efficiencies, and the Law”
- Advisors: Pablo T. Spiller & Oliver E. Williamson
2002 Harvard Law School
- J.D., magna cum laude
- John M. Olin Fellow in Law & Economics
1999 University of California, Berkeley
- M.A. in Economics
- Fields: Industrial Organization & International Economics
1993 Pardes Institute of Jewish Studies (Jerusalem, Israel)
- Certificate in Biblical and Talmudic Studies
1992 Brown University
- A.B. in Urban Studies, magna cum laude and with Honors
- Honors Thesis: “Urban Fiscal Crises and the Post-Industrial City: The Cases of Philadelphia and Providence”
Professional Experience:
2003-current
Associate Professor of Law
Duke University School of Law (2003-06 as Asst. Prof)
- Provost's Common Fund Award (2006-07)
- Dean Search Committee (2006)
- Blueprint Award(2005)
2002-2003
Law Clerk
- Judge Bruce M. Selya, United States Court of Appeals for the First Circuit
Spring 2001
Sophomore Tutorial Instructor
Economics Department, Harvard University
- Econ 970 “International Political Economy: An Examination of Globalization”
1996-1997
Visiting Lecturer in Economics
Economics Faculty, Hanoi National University
- “Introductory International Economics” to undergraduate economics students
- “International Relations” to Masters students in Public Administration
1993-1996
Research Assistant
- U.S. Senate Committee on Finance, International Trade Subcommittee,
- Democratic Staff (Sen. Daniel P. Moynihan, Chairman/Ranking Member)
Publications and Working Papers
Articles
- "Understanding the 'Corporate' in Corporate Social Responsibility" Harvard Law & Policy Review, vol.2 (December 2007) (with Aaron Chatterji)
- “Rebuilding Illinois Brick: A Functionalist Approach to the Indirect Purchaser Rule” Southern California Law Review, vol.81 (November 2007) (with Christopher Murray)
- “Antitrust and Nonprofit Hospital Mergers: A Return to Basics” University of Pennsylvania Law Review, vol.156 (November 2007)
- “Insurance Expansions: Do They Hurt Those They Are Designed to Help?” Health Affairs, vol.26 (Sept./Oct. 2007)
- “Distributive Injustice(s) in American Health Care” Law and Contemporary Problems, vol. 69 (Autumn 2006) (with Clark Havighurst)
- “The Corrosive Combination of Nonprofit Monopolies and U.S.Style Health Insurance: Implications for Antitrust and Merger Policy” Law and Contemporary Problems, vol.69 (Autumn 2006)
- “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 (September 2006) (with Jordi Weinstock and Jason Mehta)
- “How Communities Create Economic Advantage: Jewish Diamond Merchants in New York” Law and Social Inquiry, vol.31 (Spring 2006)
- “A Transaction Cost Economizing Approach to Regulation: Understanding the NIMBY Problem,” Yale Journal on Regulation, vol.23 (Winter 2006) (with Christopher Boerner)
- “Behavioral Economics and Health Policy: Understanding Medicaid’s Failure,” Cornell Law Review, vol.90 (March 2005)
- “Firms, Courts, and Reputation Mechanisms: Towards a Positive Theory of Private Ordering,” Columbia Law Review, vol.104 (December 2004)
- “Organizational Responses to Discontinuous Innovation: A Case Study Approach” International Journal of Innovation Management, vol.VIII (March 2004) (with Jeffrey Macher)
- “Modeling Supreme Court Strategic Decision Making: The Congressional Constraint” Legislative Studies Quarterly, vol.XXVIII (May 2003) (with Mario Bergara and Pablo Spiller)
- “Mandating Negotiations to Resolve the NIMBY Problem: A Creative Regulatory Response” UCLA Journal of Environmental Law and Policy, vol.20 (Spring 2002)
- “Examining the Effect of Health Provider Race on Adherence to Asthma Regimes” Research prospectus to the Duke Center for Comparative Biology of Vulnerable Populations, funded by the National Institute of Environmental Health Sciences, 1 P30 ES01196101A1. (finding granted) (with Laura Smart Richman and Judith Voynow)
- “Transaction Cost Economics: An Assessment of Empirical Research in the Social Sciences” Duke Law School Legal Studies Paper No. 115, (with Jeffrey Macher), available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=924192
- "Examining the Effect of Health Provider Race on Adherence to Asthma Regimes" Research prospectus to the Duke Center for Comparative Biology of Vulnerable Populations, funded by the National Institute of Environmental Health Sciences, 1 P30 ES-011961-01A1. (finding granted) (with Laura Smart Richman and Judith Voynow)
- "The Antitrust of Reputation Mechanisms: Institutional Economics and Concerted Refusals to Deal"
- “Do Optimal Deterrence Jury Instructions Optimally Deter? An Empirical Test of the PolinskyShavell Jury Instructions”
- “The History, Economics, and Political Economics of Automobile Insurance Regulation”
- “National Comparative Advantage and New Institutional Economics: How Political Institutions in Japan and the United States Determine the Flow of Trade”
Book Chapters, Op-Eds, and Shorter Works
- “Ethnic Networks, Extralegal Certainty, and Globalisation: Peering into the Diamond Industry,” in LEGAL CERTAINTY BEYOND THE STATE (Hart Publishing, 2007) (Volkmar Gessner, ed.)
- "Who Pays for Health Insurance?" Wall Street Journal (September 6, 2007) (with Clark Havighurst)
- “The King of Rockingham County and the Original Bridge to Nowhere,” in CONTRACTS STORIES (Foundation Press, 2007) (Douglas Baird, ed.)
- “Blood Diamonds’ Many Facets” Raleigh News & Observer (January 11, 2007) (with Joost Pauwelyn)
- “Foreword: Health Policy’s Fourth Dimension” Law and Contemporary Problems, vol.69 (Autumn 2006) (with Clark Havighurst)
- “Unintended Consequences: A Critical View of U.S. v. Nektalov” New York Law Journal (August 10, 2006)
- “Fifty Years of Community Service: A Tribute to Mel Shimm” Law and Contemporary Problems, vol.69 (Summer 2006)
- “The Adventures of Keeping Kosher in Vietnam” New York Times (April 23, 1997)
Volumes
- Who Pays? Who Benefits? Distributional Issues in Health Care. Law and Contemporary Problems (Autumn 2006) (ed. with Clark Havighurst).
Conference & Workshop Presentations
Conferences Organized
- Triangle Law & Economics Conference: A New Generation of Antitrust. University of North Carolina, Chapel Hill (May 2008) (with Scott Baker & Tracy Lewis)
- Triangle Law & Economics Conference: The Role of Information in Supporting Legal and Economic Institutions. Duke Law School (April 2007) (with Scott Baker & Tracy Lewis)
- Who Pays? Who Benefits? A Discussion of Distributional Issues in American Health Care, Duke Law School Symposium (November 2005) (with Clark Havighurst)
Presentations
- Our Fragmented Health Care System: Causes and Solutions
- Harvard Law School, Cambridge, MA (June 2008)
- “Mental Health Consumption as an Investment in Future Health”
- Conference on Law, Commerce, and Development
- NYU School of Law, New York (April 2008)
- “The Persistence and Future of Ethnic-based Exchange”
- Law and Economics Faculty Workshop, Center for Contract and Economic Organization
- Columbia Law School, New York (January 2008)
- “The Antitrust of Reputation Mechanisms: Concerted Refusals to Deal Under the Rule of Reason”
- Conference on Empirical Legal Studies
- New York, NY (November 2007)
- “Insurance Expansions: Do They Hurt Those They Are Designed to Help?”
- Law & Business Conference: International Corporate Governance
- Vanderbilt Law School, Nashville, TN (November 2007)
- Discussant for “The Role of Lawyers in Relational Contracting.”
- American Enterprise Institute
- Washington, DC (May 2007)
- “Robin Hood, Robber Baron, or Rubik's Cube? How Fair Is the Distribution of Benefits in the U.S. Health-Care System?”
- American Law & Economic Association Annual Meetings
- Cambridge, MA (May 2007)
- “Rebuilding Illinois Brick: A Functionalist Approach to the Indirect Purchaser Rule”
- Triangle Law & Economics Conference
- Durham, NC (April 2007)
- “The Antitrust of Private Ordering”
- John Hope Franklin Center
- Durham, NC (March 2007)
- “Patterns in Health Care Consumption: Do You Get What You Pay For?”
- Braxton Craven Inn of Court
- Durham, NC (February 2007)
- “The King of Rockingham County and the Original Bridge to Nowhere”
- Onati International Institute for the Sociology of Law: Legal Certainty Beyond the State: Autonomous Structures in Globalized Exchange Processes,
- Onati, Spain (September 2006)
- “Ethnic Networks, Extralegal Certainty, and Globalisation: Peering into the Diamond Industry”
- American Law and Economics Association Annual Meetings
- New York, NY (May 2006)
- “Distributive Injustice(s) in American Health Care”
- Washington University Law School Faculty Workshop
- St. Louis, MO (March 2006)
- “The Story and Legacy of Rockingham County v. Luten Bridge Co.”
- The Law & Economics of Organizations Conference
- University of Virginia Law School, Charlottesville VA (February 2006)
- Discussant for Henry Hansmann’s “The Role of the Law in the Organization of the Firm”
- University of North Carolina Law School Faculty Workshop
- Chapel Hill, NC (November 2005)
- “A Bridge, a Tax Revolt, and the Struggle to Industrialize: The Story and Legacy of Rockingham County v. Luten Bridge Co.”
- Who Pays? Who Benefits? A Discussion of Distributional Issues in American Health Care (co-organizer)
- Duke Law School Symposium (November 2005)
- “The Interaction of Monopoly and U.S.-style Health Insurance”
- “Nonprofit Monopolies and Cross Subsidies, with Antitrust Implications”
- Southeastern Association of Law Schools Annual Meeting
- Hilton Head, SC (July 2005)
- “A Bridge, a Tax Revolt, and the Struggle to Industrialize: The Story and Legacy of Rockingham County v. Luten Bridge Co.”
- Western Economic Association Annual Meetings
- San Francisco, CA (July 2005)
- Discussant for “Markets, Norms, and Law: Transaction Costs and Institutions.”
- American Law and Economics Association Annual Meetings
- New York, NY (May 2005)
- “Community Institutions”
- Tulane University Law School Faculty Workshop
- New Orleans, LA (January 2005)
- “Courts and Communities: A Comparative Institutional Analysis (Plus Policy Implications)”
- Association for the Study of Religion, Economics, and Culture Annual Meetings
- Kansas City, MO (October 2004)
- “How Communities Create Economic Advantage: Jewish Diamond Merchants in New York”
- University of Virginia Law School Faculty Workshop
- Charlottesville, VA (October 2004)
- “Firms, Courts, and Reputation Mechanisms: Towards a Positive Theory of Private Ordering”
- Yale/Stanford Junior Faculty Forum
- New Haven, CT (June 2004)
- “Behavioral Economics and Health Policy: Understanding Medicaid’s Failure”
- Institute for Law and Economic Policy Annual Conference
- Miami, FL (April 2004)
- Commentator on “Illinois Brick: Is It Time for Remodeling?”
- American Law and Economics Association Annual Meetings
- Toronto, CA (September 2003, originally scheduled for May 2003)
- “Incorporating Psychosocial Variables into Health Care Policy: A Behavioral Economic Examination of Medicaid Expansion”
- American Law and Economics Association Annual Meetings
- Cambridge, MA (May 2002)
- “Modeling Supreme Court Strategic Decision Making: The Congressional Constraint”
- Administrative Sciences Association of Canada
- University of Quebec at Montreal (July 2000)
- “Corporate Responses to Architectural Innovation”
Academic Honors & Fellowships
2006-2007
- Provost Common Fund Award
2005-2006
- Faculty Fellow, Duke University Social Science Research Institute (2005-06)
2005-2006
- National Institute of Environmental Health Sciences Grant, 1 P30 ES-011961-01A1
2000-1, 2001-2
- John M. Olin Fellowship in Law and Economics, Harvard Law School
2000
- John M. Olin Summer Research Grant
1997-1998
- Sasakawa Fellowship, Haas School of Business
1996-1997
- Henry R. Luce Scholarship, Luce Foundation
1992-1993
- Dorot Fellowship, Dorot Foundation
1992
- Phi Beta Kappa, Alpha Chapter of Rhode Island
Professional Affiliations
- American Law Institute
- Massachusetts Bar Association
- American Bar Association
- American Economic Association
- American Law and Economics Association
- International Society for New Institutional Economics
- Western Economic Association
- Editorial Board of International Journal of Strategic Change Management
- Referee for:
- Oxford University Press
- Journal of Legal Studies
- Journal of Law, Economics, & Organization
- Public Choice
- Business and Politics
- Yale Journal of Health Policy, Law, & Ethics
Personal
- Wife: Laura Smart Richman, Ph.D.
- Daughters:
- Ariella Sofi Richman, born January 2001
- Eden Mae Richman, born November 2004
- Hometown: Philadelphia, PA
