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Gillian Hadfield

Gillian Hadfield

Richard L. and Antoinette Schamoi Kirtland Professor of Law and Professor of Economics

Last Updated: Wednesday, September 27, 2017

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Telephone: (213) 821-6793
Fax: (213) 740-5502
699 Exposition Blvd. Los Angeles, CA 90089-0074 USA Room: 442
Personal Website: Link
SSRN Author Page: Link

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Gillian Hadfield is the Richard L. and Antoinette Schamoi Kirtland Professor of Law and Professor of Economics at the University of Southern California. She studies the design of legal and dispute resolution systems in advanced and developing market economies; the markets for law, lawyers and dispute resolution; contract law and theory; economic analysis of law; and regulation of legal markets and legal profession. She is the director of the USC Center for Law and Social Science. She teaches Contracts; Advanced Contracts: Strategic Analysis and Advice; and Legal Design.

Hadfield joined the USC Gould faculty in 2001. Her recent publications include Rules for a Flat World: Why Humans Invented Law and How to Reinvent It for a Complex Global Economy (Oxford University Press 2016); “How to Regulate Legal Services to Promote Access, Innovation and the Quality of Lawyering” (with Deborah Rhode) (Hastings Law Journal 2016); "The Microfoundations of the Rule of Law” (with Barry Weingast) (Annual Review of Political Science 2015); "Building Legal Order in Ancient Athens" (with Federica Carugati and Barry Weingast) (Journal of Legal Analysis 2015); "Innovating to Improve Access: Changing the Way Courts Regulate Legal Markets” (Daedalus 2014).

Hadfield holds a BAH from Queen’s University, a JD from Stanford Law School and an MA and PhD in Economics from Stanford University. She served as clerk to Chief Judge Patricia Wald on the U.S. Court of Appeals, D.C. Circuit. Prior to joining the faculty at USC, she was on the law faculty at the UC Berkeley, and the University of Toronto, and a member of the faculty of the Global Law School at New York University and the European School for New Institutional Economics. Hadfield was the Daniel R. Fischel and Sylvia M. Neil Distinguished Visiting Professor of Law at the University of Chicago (Fall 2016), the Eli Goldston Visiting Professor (Spring 2012) and the Sidley Austin Visiting Professor (Winter 2010) at Harvard Law School, and the Justin W. D'Atri Visiting Professor of Law, Business and Society at Columbia Law School in the fall of 2008. She was a 2006-07 and 2010-11 fellow of the Center for Advanced Study in the Behavioral Sciences and a National Fellow at the Hoover Institution in 1993. She also has held Olin Fellowships at Columbia Law School, Cornell Law School and USC and is a member of the Comparative Law and Economics Forum. She is past president of the Canadian Law and Economics Association and a former director of the American Law and Economics Association. She is a member of the American Law Institute and of the World Economic Forum’s Global Future Council on the Future of Technology, Values, and Policy and previously on the World Economic Forum’s Global Agenda Council on Justice.
 

Works in Progress

  • "Legal Markets" (commissioned by Journal of Economic Literature).
  • "Arbitrary Norms, or: The Case for Lots of Silly Rules" (with Dylan Hadfield-Menell).
  • "Achieving Inclusion: Extending Access to the Rule of Law in Ancient Athens" (with Barry Weingast and Federica Carugati).
  • "Superregulation: Competitive Approved Private Regulators."

Books

  • 2017 Rules for a Flat World: Why Humans Invented Law and How to Reinvent It for a Complex Global Economy. Oxford University Press.
  • 1999 The Second Wave of Law and Economics (with Megan Richardson). Federation Press.

Articles and Book Chapters

  • 2017 "Is Rule of Law an Equilibrium Without Private Ordering?" (with Barry Weingast) (forthcoming, NOMOS). - (SSRN)
  • 2017 "The Problem of Social Order: What Should  We Count as Law?" 41 Journal of Law and Social Inquiry 16-27. - (bepress) - (www)
  • 2016 “How to Regulate Legal Services to Promote Access, Innovation and the Quality of Lawyering” (with Deborah Rhode). 67 Hastings Law Journal 1191-1223. - (bepress) - (Hein) - (SSRN)
  • 2016 “Scaffolding: Using Formal Contract to Build Informal Relations to Support Innovation” (with Iva Bozovic). 2016 Wisconsin Law Review 981-1032. - (bepress) - (SSRN)
  • 2016 “Life in the Law-Thick World: The Legal Resource Landscape for Ordinary Americans" (with Jamie Heine). In S. Estreicher and J. Radice (eds.) Beyond Elite Law: Access to Civil Justice in America. Cambridge: Cambridge University Press.
  • 2015 “Building Legal Order in Ancient Athens” (with Federica Carugati and Barry Weingast). 7 Journal of Legal Analysis 291-324. - (SSRN) - (bepress)
  • 2014 “Microfoundations of the Rule of Law.” (with Barry Weingast). 17 Annual Review of Political Science 21-42. - (SSRN) - (bepress)
  • 2014 “Innovating to Improve Access: Changing the Way Courts Regulate Legal Markets.” 143 Daedalus 83-95, (Published in The Invention of Courts, American Academy of Arts and Sciences, eds., Cambridge, MA: MIT Press, 2014). - (SSRN) - (bepress)
  • 2014 “Constitutions as Coordinating Devices.” (with Barry Weingast). In S. Galiani and I. Sened (eds.) Institutions, Property Rights, and Economic Growth: The Legacy of Douglass North. Cambridge: Cambridge University Press. - (SSRN) - (bepress)
  • 2014 “The Cost of Law: Promoting Access to Justice through the (Un)Corporate Practice of Law.” 38 International Review of Law and Economics S43-63. - (SSRN) - (bepress)
  • 2013 Review of The Economic Foundations of International Law, by Eric Posner and Alan Sykes. 51 Journal of Economic Literature 897-900. - (www)
  • 2013 “Democracy, Courts and the Information Order” (with Dan Ryan). 54 European Journal of Sociology 67-95. - (SSRN) - (bepress)
  • 2013 “Law without the State: Legal Attributes and the Coordination of Decentralized Collective Punishment.” (with Barry Weingast). 1 Journal of Law and Courts 3-34. - (SSRN) - (bepress)
  • 2012 "The Numbers Don't Lie: Why It's Time for Lawyers and Judges to Reduce the Regulatory Barriers to the Provision of Legal Help." In Liman at Fifteen: Accessing Justice, Rationing Law. Yale Law School, 26-28.
  • 2012 “Rational Reasonableness: Toward a Positive Theory of Public Reason” (with Stephen Macedo). 6 Law & Ethics of Human Rights 7. - (SSRN) - (bepress)
  • 2012 “Response to Comments: ‘Legal Infrastructure and the New Economy’” (Mini Symposium). I/S: 8 Journal of Law and Policy for the Information Society 109 (Summer). - (Hein)
  • 2012 "Legal Infrastructure and the New Economy" (Mini Symposium). I/S: 8 Journal of Law and Policy for the Information Society 1-59 (Summer). - (SSRN) - (bepress)
  • 2012 "What is Law?  A Coordination Model of the Characteristics of Legal Order" (with Barry Weingast). 4 Harvard Journal of Legal Analysis 471-514 (Winter). - (bepress)
  • 2012 "Attorney-Client Confidentiality"(with Shmuel Leshem). In C. Sanchirico (ed.) Encyclopedia of Law and Economics (2nd Ed.), 8 Procedural Law and Economics. Northampton, MA: Edward Elgar Publishing. - (bepress)
  • 2011 "Promoting Innovation and Growth Through Legal Reform." In R. Litan, et al: The Kaufman Foundation Task Force on Law, Innovation and Growth (eds.) Rules for Growth. Ewing Marion Kauffman Foundation, 23-54.
  • 2011 "Equipping the Garage Guys in Law." 70 Maryland Law Review 484-498. - (Hein)
  • 2011 "Producing Law for Innovation." In R. Litan, et al. (eds.) Rules for Growth. - (bepress)
  • 2010 “The Dynamic Quality of Law: Judicial Incentives, Legal Human Capital and the Adaptation of Law.” 79 Journal of Economic Behavior and Organization 80-94. - (bepress)
  • 2010 “Higher Demand, Lower Supply? A Comparative Assessment of the Legal Resource Landscape for Ordinary Americans.” 37 Fordham Urban Law Journal 129-156. - (SSRN)
  • 2009 "The Public and the Private in the Provision of Law for Global Transactions."  In Volkmar Gessner (ed.) Contractual Certainty in International Trade:  Empirical Studies and Theoretical Debates on Institutional Support for Global Economic Exchanges. Oxford: Hart Publishing, 239-256. - (bepress) - (SSRN)
  • 2009 "The Role of International Law Firms and Multijural Human Capital in the Harmonization of Legal Regimes." In Albert Breton, Anne Des Ormeaux, Katharina Pistor, and Pierre Salmon, (eds.), Multijuralism:  Manifestations, Causes, and Consequences. Aldershot: Ashgate Publishing. - (bepress)
  • 2009 “Toward a 21st-Century Health Care System: Recommendations for Health Care Reform” (with Kenneth Arrow, Alan Auerbach, et al.) 150 Annals of Internal Medicine Issue 7, 493-495.
  • 2009 “The Strategy of Methodology: The Virtues of Reductionism for Comparative Law” 59 (2) University of Toronto Law Journal 223-235. (Focus Feature: responding to comments on “Levers of Legal Design” by Pierre Legrand, Ralf Michaels and John Reitz.) - (SSRN)
  • 2009 “The Role of International Law Firms and Multijural Human Capital in the Harmonization of Legal Regimes.” In Albert Breton, Anne Des Ormeaux, Katharina Pistor, and Pierre Salmon, (Eds.), Multijuralism: Manifestations, Causes, and Consequences. Aldershot: Ashgate Publishing. - (SSRN)
  • 2008 "Framing the Choice between Cash and the Courthouse: Experiences with the 9/11 Victim Compensation Fund." 42 Law & Society Review 645-682. - (SSRN)
  • 2008 “The Levers of Legal Design: Institutional Determinants of the Quality of Law.” 36 Journal of Comparative Economics 43-73. - (SSRN)
  • 2008 “Legal Barriers to Innovation: The Growing Economic Cost of Professional Control over Corporate Legal Markets.” 60 Stanford Law Review 1689-1732. - (Hein)
  • 2007 "Don't Forget the Lawyers: Legal Human Capital and The Role of Lawyers in Supporting the Rule of Law." 55 DePaul Law Review 401-421 - (Hein)
  • 2006 "On Public versus Private Provision of Corporate Law." (with Eric Talley) 22 Journal of Law, Economics and Organization 414-441. - (SSRN)
  • 2006 "Judging Science: An Essay on the Unscientific Basis of Beliefs about the Impact of Law on Science and the Need for Better Data about Law." 14 Journal of Law and Policy 137-163. - (Hein)
  • 2005 "Feminism, Fairness and Welfare: An Invitation to Feminist Law and Economics." 1 Annual Review of Law and Social Science 285-306.[reprinted in Lee Anne Fennell and Richard H. McAdams (eds.) Fairness in Law and Economics. Northampton, MA: Edward Elgar, 2014. - (SSRN)
  • 2005 "Exploring Economic and Democratic Theories of Litigation: Differences between Individual and Organizational Litigants in the Disposition of Federal Civil Cases." 57 Stanford Law Review 1275-1327. - (Hein)
  • 2005 "The September 11th Victim Compensation Fund: ‘An Unprecedented Experiment in American Democracy.’" The Future of Terrorism Risk Insurance. Defense Research Institute; [reprinted in A. V. Sarsimha Rao D&O and Terrorism Insurance, Hyderabad, India: ICFAI Press.] - (SSRN)
  • 2005 "The Many Legal Institutions That Support Contractual Commitment." In Claude Menard and Mary Shirley (eds.) Handbook of New Institutional Economics. Netherlands: Kluwer, 175-203. - (bepress)

Other Works

  • "Lawyers, make room for nonlawyers." CNN.com, Nov 23, 2012. - (www)
  • "Law Without (As Many) Lawyers" (podcast interview). Miller-McCune.com, August 12, 2011. - (www)
  • "Legal Services Wanted:  Lawyers Need Not Apply."  Miller-McCune.com, June 28, 2011 - (www)
  • "Making Legal Aid More Accessible and Affordable."  Washington Post, March 12, 2010. - (bepress)

FACULTY IN THE NEWS

The Washington Post
November 19, 2017
Re: Edward Kleinbard

Edward Kleinbard was quoted on why the GOP's tax reform bill may not encourage more investment by corporations. The bill features “a very top-heavy distribution,” said Kleinbard. The markets “are awash in capital today, and there’s not a sign of needing more investment.”

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