David D. Friedman

Professor of Law

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Professor Friedman is a widely published scholar with more than three decades of experience in academia, having taught extensively at both the undergraduate and graduate levels. His area of expertise ranges from business to economics to law; he has published economic analyses of punitive damages, trade-secret law, criminal punishment, the size of nations, and a variety of other topics, including medical care, population economics, the economics of war, historical perspectives on freedom, and criminal defense. He is the author of books on price theory, economic analysis of law, implications of future technology, and libertarian economics and philosophy, as well as two novels.

Prior to joining the Santa Clara University School of Law faculty in 2005, Professor Friedman taught at VPI, U.C. Irvine, Cornell, Tulane, UCLA, the University of Pennsylvania, Columbia University, and the University of Chicago.

Education

M.S. and Ph.D., University of Chicago

B.S., magna cum laude, Harvard University

Areas of Specialization

Economic Analysis of the Law, Computers, Crime, Privacy, Other Legal Systems

Affiliations and Honors

  • Fellow, John M. Olin Faculty, University of Chicago Law 1986-93, 1994-95
  • Fellow, Earhard Foundation Post-Doctoral Fellowship, University of Pennsylvania’s School of Public and Urban Policy, 1973-75
  • National Science Foundation Fellowship, University of Chicago, 1965-70

Bibliography

Books

How to Milk an Almond, Stuff an Egg, and Armor a Turnip: A Thousand Years of Recipes with Cook. CreateSpace (2011) | Link to Library Catalog | Link to Full Text

Future Imperfect: Technology and Freedom in an Uncertain World. Cambridge University Press (2008) (Paperback edition published 2011) | Link to Library Catalog

Law's Order: What Economics Has to Do with Law and Why It Matters. Princeton University Press (2000) | Link to Library Catalog | Link to Full Text

Hidden Order: The Economics of Everyday Life. Harper Business (1996) (Translated into Chinese, German and Japanese) | Link to Library Catalog

Price Theory: An Intermediate Text. 2nd edition. South-Western Publishing Co. (1990) (Translated into Spanish, 1993) | Link to Library Catalog

The Machinery of Freedom: Guide to Radical Capitalism. 2nd edition. Open Court (1989) (Translated into French, German, Italian and Japanese) | Link to Library Catalog

Price Theory: An Intermediate Text. South-Western Publishing Co. (1986) (Accompanied by Instructor's Manual (1986)) | Link to Library Catalog

The Machinery of Freedom: Guide to a Radical Capitalism. Harper and Row (1973) (Republished by Arlington House in 1978) | Link to Library Catalog

Chapters

The Case for Privacy in Contemporary Debates in Applied Ethics. Cohen and Wellman, editors. Blackwell (2005) | Link to Library Catalog

Economics and Evolutionary Psychology in Evolutionary Psychology and Economic Theory. Koppl, editor. Elsevier (2004) (Advances in Austrian Economics, v.7. An earlier version of this chapter is published in English, Catalan, and Castilian in the 4/2001 issue of the web journal InDret.) | Link to Library Catalog | Link to Full Text

Technology and the Case for Free Banking with Macintosh in The Half-Life of Policy Rationales: How New Technology Affects Old Policy Issues. Klein and Foldvary, editors. New York University Press (2003) | Link to Library Catalog

Privacy and Technology in The Right to Privacy. Paul, Miller, and Paul, editors. Cambridge University Press (2000) (Reprinted in 17 Social Philosophy and Policy 186-212 (Summer 2000)) | Link to Library Catalog

Anarchy and Efficient Law in For and Against the State: New Philosophical Readings. Sanders and Narveson, editors. Rowman & Littlefield (1996) | Link to Library Catalog

Rational Criminals and Profit-Maximizing Police: Gary Becker's Contribution to the Economic Analysis of Law and Law Enforcement in The New Economics of Human Behavior. Tommasi and Ierulli, editors. Cambridge University Press (1995) | Link to Library Catalog

Should Medical Care Be a Commodity? An Economist's Perspective in Rights to Health Care. Bole and Bondeson, editors. Kluwer Academic (1991) | Link to Library Catalog

In Defense of Thomas Aquinas and the Just Price in St. Thomas Aquinas (1225-1274). Blaug, editor. E. Elgar ((1991)) (Reprinted from an article of the same title published in 12 History of Political Economy 234-242 (1980) | Link to Library Catalog

Comments on "Rationing Medical Care: Processes for Defining Adequacy" in The Price of Health. Agich and Begley, editors. D. Reidel Publishing Co. (1986) | Link to Library Catalog

Comments on "Rationing and Publicity" in The Price of Health. Agich and Begley, editors. D. Reidel Publishing Co. (1986) | Link to Library Catalog

The Economics of War in Blood and Iron. Pournelle, editor. Tom Doherty Associates (1984) (There Will Be War, III) | Link to Library Catalog

An Unnoticed Stock-Flow Error in The Wealth of Nations in Liberalism and Less Developed Countries: Essays in Memory of Bellicoth Raghunath Shenoy. Bhatt and Trivedi, editors. Gujarat University (1982) | Link to Library Catalog

A Libertarian Perspective on Welfare with Brennan in Income Support: Conceptual and Policy Issues. Brown, Johnson, and Vernier, editors. Rowman and Littlefield (1981) | Link to Library Catalog

Love is Not Enough in Survival of Freedom. Pournelle and Carr, editors. Fawcett Crest (1981) | Link to Library Catalog

Articles

Economic Aspects of Secession, 3 Santa Clara Journal of International Law 212-219 (2005)

From Imperial China to Cyberspace: Contracting Without the State, 1 Journal of Law, Economics & Policy 349-369 (2005) | Link to Digital Commons

Does Technology Require New Law?, 25 Harvard Journal of Law and Public Policy 71-85 (2001) | Link to Digital Commons

The Cash of the Twenty-First Century, with Macintosh, 17 Santa Clara Computer and High-Technology Law Journal 273-284 (2001) | Link to Digital Commons

Privacy and Technology, 17 Social Philosphy and Policy 186-212 (Summer 2000) (Published as a chapter by the same title in The Right to Privacy. Paul, Miller, and Paul, editors. Cambridge University Press (2000)) | Link to Full Text

Why Not Hang Them All: The Virtues of Inefficient Punishment, 107 Journal of Political Economy S259-S269 (1999)

In Defense of Private Orderings: Comments on Julie Cohen’s "Copyright and the Jurisprudence of Self-Help", 13 Berkeley Technology Law Journal 1151-1172 (1998) | Link to Digital Commons

More Justice for Less Money, 39 Journal of Law and Economics 211-240 (1996) | Link to Digital Commons

A World of Strong Privacy: Promises and Perils of Encryption, 13 Social Philosophy and Policy 212-228 (Summer 1996)

Beyond the Tort/Crime Distinction, (Symposium: The Intersection of Tort and Criminal Law), 76 Boston University Law Review 103-112 (1996) (Response to Seipp article in same issue, p.59) | Link to Digital Commons

Making Sense of English Law Enforcement in the Eighteenth Century, 2 University of Chicago Law School Roundtable 475-505 (1995) | Link to Digital Commons

A Positive Account of Property Rights, 11 Social Philosophy and Policy 1-16 (Summer 1994)

Standards as Intellectual Property: An Economic Approach, 19 University of Dayton Law Review 1109-1129 (1994) | Link to Digital Commons

Law as a Private Good, 10 Economics and Philosophy 319-327 (1994)

Rethinking Indigent Defense: Promoting Effective Representation Through Consumer Sovereignty and Freedom of Choice for All Criminal Defendants, with Schulhofer, 31 American Criminal Law Review 73-122 (1993) | Link to Digital Commons

Should the Characteristics of Victims and Criminals Count? Payne v. Tennessee and Two Views of Efficient Punishment, 34 Boston College Law Review 731-769 (1993) | Link to Digital Commons

Hanged for a Sheep--The Economics of Marginal Deterrence, with Sjostrom, 22 Journal of Legal Studies 345-366 (1993) | Link to Digital Commons

Comments on Peltzman, "The Political Economy of the Decline of American Public Education", 36 Journal of Law and Economics 371-378 (1993) | Link to Digital Commons

Comment on "An Economic Argument for Affirmative Action", 4 Rationality and Society 356-369 (1992)

Some Economics of Trade Secret Law, with Landes and Posner, 5 Journal of Economic Perspectives 61-72 (1991) | Link to Full Text

Impossibility, Subjective Probability, and Punishment for Attempts, 20 Journal of Legal Studies 179-186 (1991) | Link to Digital Commons

An Economic Analysis of Alternative Damage Rules for Breach of Contract, 32 Journal of Law and Economics 281-310 (1989) | Link to Digital Commons

An Economic Explanation of Punitive Damages, (Symposium: Punitive Damages), 40 Alabama Law Review 1125-1142 (1989) | Link to Digital Commons

Does Altruism Produce Efficient Outcomes? Marshall versus Kaldor, 17 Journal of Legal Studies 1-13 (1988) | Link to Digital Commons

Comment: Problems in the Provision of Public Good, (A Symposium Sponsored by the Institute for Humane Studies), 10 Harvard Journal of Law and Public Policy 505-520 (1987) (Comments on Tie-Ins and the Market Provision of Collective Goods, by Klein, 10 Harvard Journal of Law and Public Policy 451-474 (1987) and Comments on Contracts and Public Goods, by Schmidtz, 10 Harvard Journal of Law and Public Policy 475-503 (1987)) | Link to Digital Commons

Cold Houses in Warm Climates and Vice Versa: A Paradox of Rational Heating, 95 Journal of Political Economy 1089-1097 (1987) | Link to Full Text

Efficient Institutions for the Private Enforcement of Law, 13 Journal of Legal Studies 379-397 (1984) | Link to Digital Commons

Comment on Brody: "Redistribution Without Egalitarianism", 1 Social Philosophy and Policy 88-93 (Autumn 1983)

What Is 'Fair Compensation' for Death or Injury?, 2 International Review of Law and Economics 81-93 (1982)

What Does "Optimum Population" Mean?, 3 Research in Population Economics 273-287 (1981)

Reflections on Optimal Punishment, or: Should the Rich Pay Higher Fines?, 3 Research in Law and Economics 185-205 (1981)

Why There Are No Risk Preferrers, 89 Journal of Political Economy 600 (1981) | Link to Full Text

Many, Few, One--Social Harmony and the Shrunken Choice Set, 70 American Economic Review 225-232 (1980) | Link to Full Text

In Defense of Thomas Aquinas and the Just Price, 12 History of Political Economy 234-242 (1980) (Reprinted as a chapter in St. Thomas Aquinas (1225-1274). Blaug, editor. E. Elgar (1991)) | Link to Library Catalog | Link to Full Text

Private Creation and Enforcement of Law -- A Historical Case, 8 Journal of Legal Studies 399-415 (1979) | Link to Digital Commons

In Defense of the Long-Haul/Short-Haul Discrimination, 10 Bell Journal of Economics 706-708 (1979) | Link to Full Text

A Theory of the Size and Shape of Nations, 85 Journal of Political Economy 59-77 (1977) | Link to Full Text

Book Reviews

Reforming Products Liability, 101 Journal of Political Economy 554-560 (1993) | Link to Library Catalog | Link to Full Text

Less Law Than Meets the Eye, (review of Order Without Law: How Neighbors Settle Disputes), 90 Michigan Law Review 1444-1452 (1992) | Link to Digital Commons | Link to Library Catalog

Economic Analysis of Accident Law, 97 The Journal of Political Economy 497-501 (1989) | Link to Library Catalog | Link to Full Text

Icelandic Enterprise: Commerce and Economy in the Middle Ages, 43 Journal of Economic History 315-316 (1981) | Link to Library Catalog | Link to Full Text

Murder at the Margin, 34 Public Choice 233-236 (1979) | Link to Library Catalog | Link to Full Text

Further Explorations in the Theory of Anarchy, 25 Public Choice 101-104 (1976) | Link to Library Catalog | Link to Full Text

Other Articles

How Will New Technologies Shape Our Future?, 16 Santa Clara Law 29 (Fall/Winter 2009) (excerpted from Future Imperfect: Technology and Freedom in an Uncertain World by Friedman (2008)) | Link to Full Text

Contracts in Cyberspace, 6 Journal of Internet Law 12-15 (December 2002) | Link to Full Text

Choosing Metarules for Legal Change, 82 American Economic Review (Papers and Proceedings of the Hundred and Fourth Annual Meeting of the American Economic Association) 285-289 (May 1992) | Link to Full Text

The World According to Coase, 38 The Law School Record 4 (Spring 1992)

Constitutional Interpretation: Defining Liberty Under the Constitution, (Federalist Society 1988 Northeast Regional Symposium: Liberty and Justice for All: Protecting Individual Rights Under the Constitution), 41 Rutgers Law Review 853-858 (1989) | Link to Digital Commons

Law and Economics: What and Why, 9 Journal of Economic Affairs 25-28 (February/March 1989) | Link to Full Text

Diamonds Are a Government's Best Friend: Burden-Free Taxes on Goods Valued for Their Values: Comment, 78 American Economic Review 297 (1988) | Link to Full Text

Revenue Sharing and Monopoly Government: A Comment, with Kurth, 37 Public Choice 365-370 (1981)

Models for Diffraction Scattering with Fixed Pole and Shielding Cut, 9A Il Nuovo Cimento della Società Italiana di Fisica. A. 219 (1972) (Physics)

Fixed-Branch-Point Model for Pion-Nucleon Diffraction Scattering, 63A Il Nuovo Cimento, Ser. 10 483 (1969) (Physics)

Other

A Miscellany. By Cariadoc and Elizabeth 10th edition. (2011) (Part I is published separately as How to Milk an Almond, Stuff an Egg, and Armor a Turnip: A Thousand Years of Recipes / by David Friedman and Elizabeth Cook. (2011))

[Comments on several chapters] in Justice Across Generations: What Does It Mean?. Cohen, editor. American Association of Retired Persons, Public Policy Institute (1993) | Link to Library Catalog

Law and Economics entry in The Fortune Encyclopedia of Economics. Henderson, editor. Warner Books (1993) | Link to Library Catalog

Economics of Crime entry in The Fortune Encyclopedia of Economics. Henderson, editor. Warner Books (1993) | Link to Library Catalog

The Just Price entry in The New Palgrave: A Dictionary of Economics. Eatwell, Milgate and Newman, editors. Macmillan (1987) | Link to Library Catalog

Economic Analysis of Law entry in The New Palgrave: A Dictionary of Economics. Eatwell, Milgate, and Newman, editors. Macmillan (1987) | Link to Library Catalog

Gold, Paper, or ...: Is There a Better Money?. Cato Institute (1982) (Cato Policy Analysis, no. 17) | Link to Full Text

Laissez-Faire in Population: The Least Bad Solution. Population Council (1972) (An occasional paper of the Population Council) | Link to Library Catalog

Currently Teaching:

Fall 2014

IP Theory

Mon & Wed

Fall 2014