Michael D Frakes | Scholars@Duke

Michael D Frakes
A. Kenneth Pye Distinguished Professor of Law

Michael Frakes is the A. Kenneth Pye Professor of Law at Duke Law School. He holds a secondary faculty appointment in the Duke Economics Department. Frakes also serves as a Research Associate at the National Bureau of Economic Research. He joined the Duke Law faculty in June, 2016 from Northwestern University’s Pritzker School of Law, where he was an associate professor.

Frakes is generally interested in empirical research in the areas of health law and innovation policy. His research in health is largely focused on understanding how certain legal and financial incentives affect the decisions of physicians and other health care providers. His research in innovation policy centers on exploring the determinants of behaviors and outcomes at the U.S. Patent and Trademark Office.

Frakes’ scholarship has appeared in leading economics, law and medicine journals, including the American Economic Review, American Economic Journal: Economic Policy, Review of Economics and Statistics, Stanford Law Review, University of Chicago Law Review and JAMA

He is currently serving as the Principal Investigator on an R01 award from the NIH, exploring the effects of immunizing physicians from medical liability on the extent and quality of the medical care they deliver.

Frakes received his BS in Economics from the Massachusetts Institute of Technology (MIT) in 2001, his JD, cum laude, from Harvard Law School in 2005, and his PhD in Economics from MIT in 2009. He was an associate at Skadden, Arps, Slate, Meagher & Flom in Wilmington, Del., from 2005 to 2007. From 2009 to 2011, he was an academic fellow at the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.

Current Appointments & Affiliations

A. Kenneth Pye Distinguished Professor of Law, Law School, Duke University 2020
Professor of Law, Law School, Duke University 2016
Professor of Economics, Economics, Trinity College of Arts & Sciences 2016
Associate of the Duke Initiative for Science & Society, Duke Science & Society, Initiatives 2017
Core Faculty Member, Duke-Margolis Center for Health Policy, Duke - Margolis Center For Health Policy, Initiatives 2019

Contact Information

Duke Law School Rm 3188, Box 90362, Durham, NC 27708
Duke Law School Rm 3188, Box 90362, Durham, NC 27708
michael.frakes@law.duke.edu (919) 613-7185

Background
Education, Training, & Certifications
- Ph.D., Massachusetts Institute of Technology 2009
- J.D., Harvard University 2005
Recognition
In the News
- APR 14, 2020
  
  Duke Awards 29 University Distinguished Professorships
Research
Selected Grants
- The Impact of Exempting Medical Providers from Malpractice Protection awarded by National Bureau of Economic Research 2016 - 2018
External Relationships
- AbbVie Pharmaceuticals
- National Bureau of Economic Research Inc.
Publications & Artistic Works
Selected Publications
- Academic Articles
  - Frakes, M., J. Gruber, and A. Jena. “Is Great Information Good Enough? Evidence from Physicians as Patients.” Journal of Health Economics 75 (2021): 1–20.
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  - Frakes, M., J. Gruber, and T. Simmons. “Public and Private Options in Practice: The Military Health System (In preparation),” 2020.
  - Frakes, M., M. Frank, and S. Seabury. “The Effect of Malpractice Law on Physician Supply: Evidence from Negligence-Standard Reforms.” Journal of Health Economics 70 (2020): 1–16.
  - Frakes, M., M. Mello, and E. Blumenkranz. “Malpractice Liability and Health Care Quality: A Review.” Jama 323, no. 4 (2020): 352–66.
  - Frakes, M., and J. Gruber. “Defensive Medicine and Obstetric Practices: Evidence from the Military Health System.” Journal of Empirical Legal Studies 17, no. 1 (2020): 4–37.
  - Frakes, M., and M. Wasserman. “Procrastination at the Patent Office?” Journal of Public Economics 183 (2020): 1–12.
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  - Frakes, M., and M. Wasserman. “Are There as Many Trademark Offices as Trademark Examiners?” Duke Law Journal 69, no. 8 (2020): 1807–53.
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  - Frakes, M., and M. Wasserman. “A Prescription for Rising Drug Prices: Enhanced Patent Examination (In preparation),” 2020.
  - Frakes, M., and R. Asirvatham. “Are Constitutional Rights Enough? An Empirical Assessment of Racial Bias in Police Stops (In preparation),” 2020.
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  - Frakes, M., and M. Wasserman. “Empirical Scholarship on the Prosecution Process at the USPTO,” 2019, 77–91.
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  - Frakes, M., and M. Wasserman. “Irrational Ignorance at the Patent Office.” Vanderbilt Law Review 72, no. 3 (2019): 975–1030.
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  - Frakes, M., and M. Wasserman. “Patent Trial and Appeal Board's Consistency-Enhancing Function.” Iowa Law Review 104, no. 5 (2019): 2417–46.
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  - Elsamadicy, Aladine A., Amanda R. Sergesketter, Michael D. Frakes, and Shivanand P. Lad. “Review of Neurosurgery Medical Professional Liability Claims in the United States.” Neurosurgery 83, no. 5 (November 1, 2018): 997–1006. https://doi.org/10.1093/neuros/nyx565.
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  - Frakes, M., A. Chandra, and A. Malani. “Challenges to Reducing Discrimination and Health Inequity Through Existing Civil Rights Laws.” Health Affairs 36, no. 6 (2017): 1041–47.
  - Frakes, M., and M. Wasserman. “Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents? Evidence from Microlevel Application Data.” Review of Economics and Statistics 99, no. 3 (2017): 550–63.
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  - Frakes, M., and M. Wasserman. “Knowledge Spillovers and Learning in the Workplace: Evidence from the U.S. Patent Office,” 2017.
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  - Frakes, M., and S. Seabury. “The Effect of Malpractice Law on Physician Supply: Evidence from Negligence-Standard Reforms,” 2017.
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  - Frakes, M., A. Chandra, and A. Malani. “Civil Rights Legislation and Racial Disparities in Health Care (In preparation),” 2016.
  - Frakes, M., M. Frank, and S. Seabury. “The Impact of National Medical Liability Standards on Local Access to Physician Services (In preparation),” 2016.
  - Frakes, M., and A. Jena. “Does Medical Malpractice Law Improve Health Care Quality?” Journal of Public Economics 143 (2016): 142–58.
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  - Frakes, M., and A. Jena. “Racial Disparities in Health Care: Geographic Causes and the Impact of Geographical Standardization in Malpractice Standard of Care Rules (In preparation),” 2016.
  - Frakes, M., and J. Gruber. “The Effects of Medical Liability Immunities: Evidence from the Military Health System (In preparation),” 2016.
  - Frakes, M., and M. Wasserman. “Patent Office Cohorts.” Duke Law Journal 65 (2016): 1601–55.
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  - Frakes, M. “The Surprising Relevance of Medical Malpractice Law.” University of Chicago Law Review 82 (2015): 317–91.
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  - Frakes, M., M. Frank, and S. Seabury. “Do Physicians Respond to Liability Standards?” Journal of Institutional & Theoretical Economics 171, no. 1 (2015): 58–77.
  - Frakes, M., and M. Harding. “The Effect of Statutory Rape Laws on Teen Birth Rates.” American Law & Economics Review 17, no. 2 (2015): 409–61.
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  - Frakes, M., and M. Wasserman. “Does the U.S. Patent and Trademark Office Grant Too Many Bad Patents?: Evidence from a Quasi-Experiment.” Stanford Law Review 67 (2015): 613–76.
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  - Frakes, M., and M. Wasserman. “The Failed Promise of User Fees: Empirical Evidence from the U.S. Patent and Trademark Office.” Journal of Empirical Legal Studies 11, no. 4 (2014): 602–36.
  - Frakes, M. “The Impact of Medical Liability Standards on Regional Variations in Physician Behavior: Evidence from the Adoption of National-Standard Rules.” American Economic Review 103, no. 1 (2013): 257–76.
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  - Frakes, M., and M. Wasserman. “Does Agency Funding Affect Decisionmaking?: An Empirical Assessment of the PTO's Granting Patterns.” Vanderbilt Law Review 66 (2013): 67–125.
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  - Frakes, M. “Defensive Medicine and Obstetric Practices.” Journal of Empirical Legal Studies 9, no. 3 (2012): 457–81.
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  - Frakes, M., and M. Harding. “The Deterrent Effect of Death Penalty Eligibility: Evidence from the Adoption of Child Murder Eligibility Factors.” American Law & Economics Review 11 (2009): 451–97.
  - Frakes, M. “Classified Boards and Firm Value.” Delaware Journal of Corporate Law 32 (2007): 113–58.
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  - Frakes, M., and J. Gruber. “Does Falling Smoking Lead to Rising Obesity?” Journal of Health Economics 25 (2006): 183–97.
- Book Sections
  - Frakes, M., and M. Wasserman. “Do Patent Law Suits Target Invalid Patents?” In Selection and Decision in the Judicial Process Around the World: Empirical Inquiries, 6–29. Cambridge University Press, 2019.
  - Frakes, M., M. Franks, and K. Rozema. “The Economics of Healthcare Rationing.” In The Oxford Handbook of U.S. Health Law, 914–33, 2017.
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- Other Articles
  - Frakes, M., J. Gruber, and A. Jena. “Do as the Doctor Says, Not as He or She Does.” Stat, 2019.
  - Frakes, M., and M. Wasserman. “Revising Patent Examiner’s Time Allocations.” Berkeley Technology Law Journal, Commentaries, 2016.
  - Frakes, M., and M. Wasserman. “Reducing Patent Application Backlog to Improve Patent Quality.” Berkeley Technology Law Journal, Commentaries, 2016.
  - Frakes, M., and M. Wasserman. “Improving Patent Quality by Reducing the Patent Office’s Backlog of Applications.” The Regulatory Review, 2015.
  - Frakes, M., and M. Wasserman. “Evaluating the PTO’s Proposed Fee Structure.” The Regulatory Review, 2012.
- Reports
  - Frakes, M., and M. Wasserman. “Decreasing the Patent Office’s Incentives to Grant Invalid Patents,” 2017.
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Teaching & Mentoring
Recent Courses
- LAW 180: Torts 2021
- HLTHMGMT 898: Special Topics 2020
- LAW 347: Health Care Law and Policy 2020
- LAW 580: Law and Economics Colloquium 2020
- LAW 623: Externship Associated Research Paper 2020
- LAW 627: Externship Research Tutorial 2020
- LAW 640: Independent Research 2020
- GS 990: Duke Graduate Academy 2019
- LAW 180: Torts 2019
- LAW 319: Analytical Methods 2019
- LAW 580: Law and Economics Colloquium 2019

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Education, Training, & Certifications

In the News

Selected Grants

External Relationships

Selected Publications

Academic Articles

Book Sections

Other Articles

Reports

Recent Courses