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MAX SCHANZENBACH

2024

Op-Eds/Blog Posts/Popular Press

• Law Professors: Northwestern University Must Embrace the First Amendment Standard of Speech, Chicago Tribune (Aug. 30, 2024) (Co-authored by: Kimberly A. Yuracko).

• College Speech Policies Are a Mess — and a Liability, Chronicle of Higher Education (Aug. 28, 2024) (Co-authored by: Kimberly A. Yuracko).

• Israel Divestment Is a Legal Risk for College Trustees, Wall Street Journal (May 5, 2024).

• Max Schanzenbach: In Debate Over ShotSpotter and Police in Schools, Remember Victimization, Chicago Tribune (Mar. 7, 2024).

• Just Follow the First Amendment, Inside Higher Ed (Jan. 5, 2024) (Co-authored by: Kimberly Yuracko).

2023

Articles

• What Is the University—Student Contract?, 65 Arizona Law Review 965 (2023) (Co-authored by: Kimberly Yuracko).

• Does Discipline Decrease Police Misconduct? Evidence from Chicago Civilian Allegations, 15 American Economic Journal: Applied Economics 80 (2023) (Co-authored by: Kyle Rozema).

Op-Eds/Blog Posts/Popular Press

• Law Professors: Universities’ Shifting Policies Toward Speech Are Not Only Hypocritical but Also Illegal, Chicago Tribune (Nov. 29, 2023) (Co-authored by: Kimberly Yuracko).

• Law Professors: Former Northwestern Cheerleader Is Right to Sue School for Breach of Contract, Chicago Tribune (Oct. 12, 2023) (Co-authored by: Kimberly Yuracko).

• Law Professors: Northwestern Should Hold Its Students Accountable for Hazing Culture, Chicago Tribune (Aug. 3, 2023) (Co-authored by: Kimberly Yuracko).

Working Papers

• What Is the University-Student Contract?, ___ Arizona Law Review ___, Northwestern Public Law Research Paper No. 23-49 (forthcoming 2023) (Co-authored by: Kim Yuracko).

2022

Articles

• Policing the Police: Personnel Management and Police Misconduct, 75 Vanderbilt Law Review 1523 (2022).

Op-Eds/Blog Posts/Popular Press

• No, Biden Isn't Forcing Your Retirement Money Into ESG Funds, Wall Street Journal (Dec. 22, 2022) (Co-authored by: Robert H. Sitkoff).

• Opinion: Markets or Regulators: Who Decides on ESG?, Barron’s (Oct. 20, 2022) (Co-authored by: Robert H. Sitkoff).

• Universities Breach Their Contracts, Wall Street Journal (Jan. 13, 2022) (Co-authored by: Nadav Shoked).

2021

Articles

• Risk Management and the Prudent Investor Rule, Trusts & Estates (Co-authored by: Robert H. Sitkoff).

Contributions to Books

• Fiduciary Duty, Social Conscience, and ESG Investing by a Trustee, in 55th Annual Heckerling Institute on Estate Planning 9-1 (2021) (Co-authored by: Robert H. Sitkoff).

Legal Documents

• Comment Letter of Professors Max M. Schanzenbach and Robert H. Sitkoff on the Department of Labor’s Proposed Rulemaking on Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights, Northwestern Law & Econ Research Paper No. 21-13, Northwestern Public Law Research Paper No. 21-35 (Dec. 13, 2021) (Co-authored by: Robert H. Sitkoff).

2020

Articles

• Good Cop, Bad Cop: An Analysis of Chicago Civilian Allegations of Police Misconduct, 11 American Economic Journal: Economic Policy 225 (2019) (Co-authored by: Kyle Rozema).

• Reconciling Fiduciary Duty and Social Conscience: The Law and Economics of Environmental, Social, and Governance Investing, 72 Stanford Law Review 381 (2020) (Co-authored by: Robert H. Sitkoff).

Op-Eds/Blog Posts/Popular Press

• A Proactive Approach to Abusive Policing, Wall Street Journal (June 3, 2020) (Co-authored by: Kyle Rozema).

Working Papers

• Comment Letter of Professors Max M. Schanzenbach and Robert H. Sitkoff on the Department of Labor’s Proposed Rulemaking on Financial Factors in Selecting Plan Investments (2020) (Co-authored by: Robert H. Sitkoff).

• Comment Letter of Professors Max M. Schanzenbach and Robert H. Sitkoff on the Securities and Exchange Commission’s Request for Comment on the Names Rule for Mutual Finds in Light of ESG Investing and Other Market Developments, Northwestern Law & Econ Research Paper No. 20-05 (2020) (Co-authored by: Robert H. Sitkoff).

2019

Working Papers

• The Law and Economics of Environmental, Social, and Governance Investing by a Fiduciary, Northwestern Law & Econ Research Paper No. 18-22 (2018) (Co-authored by: Robert H. Sitkoff).

2018

Articles

• The Prudent Investor Rule and Market Risk: An Empirical Analysis, 14 Journal of Empirical Legal Studies 129 (2017) (Co-authored by: Robert H. Sitkoff).

• Reclaiming Fiduciary Law for the City, 70 Stanford Law Review 565 (2018) (Co-authored by: Nadav Shoked).

2016

Working Papers

• Fiduciary Financial Advice to Retirement Savers: Don't Overlook the Prudent Investor Rule, Northwestern Law & Economics Research Paper No. 16-11 (2016) (Co-authored by: Robert H. Sitkoff).

• The Effect of Prison Sentence Length on Recidivism: Evidence from Random Judicial Assignment (Co-authored by: Michael A. Roach).

2015

Articles

• Explaining the Public-Sector Pay Gap: The Role of Skill and College Major, 9 Journal of Human Capital 1 (2015).

• The Impact of Tort Reform on Intensity of Treatment: Evidence from Heart Patients, 39 Journal of Health Economics 273 (2015) (Co-authored by: Ronen Avraham).

Op-Eds/Blog Posts/Popular Press

• College Tenure Has Reached Its Sell-By Date, Wall Street Journal (Aug. 11, 2015) (Co-authored by: John O. McGinnis).

2014

Articles

• The Impact of Tort Reform on Intensity of Treatment: Evidence from Heart Patients, 39 Journal of Health Economics 273 (2015) (Co-authored by: Ronen Avraham).

2013

Working Papers

• The State and Local Pay Penalty: The Effect of Skill and College Major.

2012

Articles

• Racial Disparities Under the Federal Sentencing Guidelines: The Role of Judicial Discretion and Mandatory Minimums, 9 Journal of Empirical Legal Studies 729-764 (2012) (Co-authored by: Joshua B. Fischman).

• The Impact of Tort Reform on Employer-Sponsored Health Insurance Premiums, 28 Journal of Law, Economics, & Organization 657-686 (2012) (Co-authored by: Ronen Avraham and Leemore S. Dafny) (also available as NBER Working Paper no. 15371).

• Do Standards of Review Matter? The Case of Federal Criminal Sentencing, 40 Journal of Legal Studies 405-437 (2011) (Co-authored by: Joshua B. Fischman).

2010

Articles

• The Impact of Tort Reform on Private Health Insurance Coverage, 12 American Law and Economics Review 319-355 (2010) (Co-authored by: Ronen Avraham).

• The Case Against Public Sector Unions, 162 Policy Review 3 (2010) (Co-authored by: John McGinnis ).

2009

Articles

• Policing Politics at Sentencing , 103 Northwestern University Law Review 1371-1398 (2009) (Co-authored by: Emerson H. Tiller and Stephanos Bibas).

2008

Articles

• Reviewing the Sentencing Guidelines: Judicial Politics, Empirical Evidence, and Reform , 75 University of Chicago Law Review 715-760 (2008) (Co-authored by: Emerson H. Tille).

• Did Reform of Prudent Trust Investment Laws Change Trust Portfolio Allocation? , 50 Journal of Law & Economics 681-712 (2007) (Co-authored by: Robert H. Sitkoff ).

2007

Articles

• Strategic Judging Under the U.S. Sentencing Guidelines: Positive Political Theory and Evidence , 23 Journal of Law, Economics, & Organization 24-56 (2007) (Co-authored by: Emerson H. Tiller ).

Working Papers

• Did Reform of Prudent Trust Investment Laws Change Trust Portfolio Allocation? (Discussion Paper No. 580, John M. Olin Center for Law, Economics, and Business, Harvard Law School, February 2007) (Co-authored by: Robert H. Sitkoff ) (Journal of Law and Economics, forthcoming 2007).

2006

Articles

• Prison Time, Fines, and Federal White-Collar Criminals: The Anatomy of a Racial Disparity, 96 Journal of Criminal Law And Criminology 757-793 (2006) (Co-authored by: Michael L. Yaeger).

• Perpetuities or Taxes? Explaining the Rise of the Perpetual Trust, 27 Cardozo Law Review 2465-2509 (2006) (Co-authored by: Robert H. Sitkoff) Available at SSRN: http://ssrn.com/abstract=1022132.

2005

Articles

• Jurisdictional Competition for Trust Funds: An Empirical Analysis of Perpetuities and Taxes, 115 Yale Law Journal 356-437 (2005) (Co-authored by: Robert H. Sitkoff).

• Have Federal Judges Changed Their Sentencing Practices? The Shaky Empirical Foundations of the Feeney Amendment, 2 Journal of Empirical Legal Studies 1 (2005).

• Racial and Sex Disparities in Prison Sentences: The Effect of District-Level Judicial Demographics, 34 Journal of Legal Studies 57-92 (2005).

Contributions to Books

• The Employment at Will Doctrine, in Handbook of Career Development (2005).

2004

Articles

• Have Sentencing Practices Really Changed? A Brief Analysis of the Feeney Amendment's Real Concerns, 16 Federal Sentencing Reporter 257-263 (2004).

2003

Articles

• Exceptions to Employment at Will: Raising Firing Costs or Enforcing Life-Cycle Contracts?, 5 American Law And Economics Review 470-504 (2003).

2002

Articles

• Network Effects and Antitrust Law: Predation, Affirmative Defenses, and the Case of U.S. v. Microsoft, 2002 Stanford Technology Law Review 4 (2002).