Publications from 2003
From the Ne'er-Do-Well to the Criminal History Category: The Refinement of the Actuarial Model in Criminal Law, Bernard Harcourt
The Shaping of Chance: Actuarial Models and Criminal Profiling at the Turn of the Twenty-First Century, Bernard Harcourt
Punishment, Proportionality, and Jurisdictional Transfer of Adolescent Offenders: A Test of the Leniency Gap Hypothesis, Aaron Kupchik, Jeffrey A. Fagan, and Akiva Liberman
Rethinking the Death Penalty: Can We Define Who Deserves Death – A Symposium Held at the Association of the Bar of the City of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, and Jeffrey A. Fagan
Towards a New Scholarship for Equal Justice, James S. Liebman
A Public Laboratory Dewey Barely Imagined: The Emerging Model of School Governance and Legal Reform, James S. Liebman and Charles F. Sabel
The Federal No Child Left Behind Act and the Post-Desegregation Civil Rights Agenda, James S. Liebman and Charles F. Sabel
The Fragile Promise of Provisionality, James S. Liebman and Charles F. Sabel
Reflections on the Life and Work of Justice Byron R. White, Lance Liebman
Local Institutions, Foreign Investment and Alternative Strategies of Development: Some Views from Practice, Tamara Lothian and Katharina Pistor
Revising the Model Penal Code: Keeping It Real, Gerard E. Lynch
Screening Versus Plea Bargaining: Exactly What Are We Trading Off?, Gerard E. Lynch
The Making of the Second Rehnquist Court: A Preliminary Analysis, Thomas W. Merrill
Privatization as Delegation, Gillian E. Metzger
Supreme Court Review of State-Court Determinations of State Law in Constitutional Cases, Henry Paul Monaghan
Of Legal Transplants, Legal Irritants, and Economic Development, Katharina Pistor and Daniel Berkowitz
Innovation in Corporate Law, Katharina Pistor, Yoram Keinan, Jan Kleinheisterkamp, and Mark D. West
Incomplete Law, Katharina Pistor and Chenggang Xu
About Morality and the Nature of Law, Joseph Raz
From Violent Crime to Terrorism: The Changing Basis of the Federal, State and Local Law Enforcement Dynamic, Daniel C. Richman
Professional Identity: Comment on Simon, Daniel C. Richman
Prosecutors and Their Agents, Agents and Their Prosecutors, Daniel C. Richman
Consensual Sex and the Limits of Harassment Law, Carol Sanger
Placing the Adoptive Self, Carol Sanger
Contract Theory and the Limits of Contract Law, Alan Schwartz and Robert E. Scott
Blaming Youth, Elizabeth S. Scott and Laurence Steinberg
A Theory of Self-Enforcing Indefinite Agreements, Robert E. Scott
Private Information, Self-Serving Biases, and Optimal Settlement Mechanisms: Theory and Evidence, Seth A. Seabury and Eric L. Talley
Criminal Defenders and Community Justice: The Drug Court Example, William H. Simon
Whom (Or What) Does the Organization's Lawyer Represent?: An Anatomy of Intraclient Conflict, William H. Simon
Who Needs the Bar?: Professionalism without Monopoly, William H. Simon
Why Defenders Feel Defensive, Jane M. Spinak
Employee Stock Ownership after Enron: Proceedings of the 2003 Annual Meeting, Association of American Law Schools Section on Employee Benefits, Norman P. Stein, Colleen E. Medill, Susan J. Stabile, Jeffrey N. Gordon, Louis H. Diamond, Damon Silvers, and Patricia E. Dilley
Equality and the Forms of Justice, Susan Sturm
Learning from Conflict: Reflections on Teaching About Race and Gender, Susan Sturm and Lani Guinier
Network Neutrality, Broadband Discrimination, Tim Wu
When Code Isn't Law, Tim Wu
Publications from 2002
Endowment Effects Within Corporate Agency Relationships, Jennifer H. Arlen, Matthew L. Spitzer, and Eric L. Talley
It's a Question of Market Access, Kyle W. Bagwell, Robert W. Staiger, and Petros C. Mavroidis
Afterword: The Question of Linkage, Jagdish N. Bhagwati
Trade and Poverty in the Poor Countries, Jagdish N. Bhagwati and T.N. Srinivasan
Something to Remember, Something to Celebrate: Women at Columbia Law School In, Barbara Aronstein Black
School Vouchers and Religious Liberty: Seven Questions from Madison's Memorial and Remonstrance, Vincent A. Blasi
For My Friend, Philip Chase Bobbitt
Youngstown: Pages from the Book of Disquietude, Philip Chase Bobbitt
Bush v. Gore as an Equal Protection Case, Richard Briffault
Facing the Urban Future After September 11, 2001, Richard Briffault
Public Funds and the Regulation of Judicial Campaigns, Richard Briffault
Smart Growth and American Land Use Law, Richard Briffault
The Contested Right to Vote, Richard Briffault
The Future of Reform: Campaign Finance after the Bipartisan Campaign Reform Act of 2002, Richard Briffault
Playing Favorites with Shareholders, Stephen J. Choi and Eric Talley
Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power over Foreign Affairs, Sarah H. Cleveland
Law and Regulatory Competition: Can They Co-Exist?, John C. Coffee Jr.
Racing Towards the Top?: The Impact of Cross-Listing and Stock Market Competition on International Corporate Governance, John C. Coffee Jr.
Understanding Enron: "It's about Gatekeepers, Stupid", John C. Coffee Jr.
"When Smoke Gets in Your Eyes": Myth and Reality about the Synthesis of Private Counsel and Public Client, John C. Coffee Jr.
The First Decade: Critical Reflections, or "A Foot in the Closing Door", Kimberlé W. Crenshaw
Human Rights, Terrorism, and Trade – Remarks by Lori Fisler Damrosch, Lori Fisler Damrosch
Interpreting U.S. Treaties in Light of Human Rights Values, Lori Fisler Damrosch
Draft Convention on Jurisdiction and Recognition of Judgments in Intellectual Property Matters, Rochelle Cooper Dreyfuss and Jane C. Ginsburg
Misstatements of Fact in Adam Vangrack's Student Note: A Letter to the Editors of the Washington University Law Quarterly, Jeffery Fagan, James S. Liebman, and Valerie West
Vangrack's Explanations: Treating the Truth as a Mere Matter of "Form", Jeffery Fagan, James S. Liebman, and Valerie West
This Will Hurt Me More Than It Hurts You: Social and Legal Consequences of Criminalizing Delinquency, Jeffrey Fagan
Policing Guns and Youth Violence, Jeffrey A. Fagan
On Justice and War: Contradictions in the Proposed Military Tribunals, George P. Fletcher
Remembering Gary – and Tort Theory, George P. Fletcher
The Fault of Not Knowing, George P. Fletcher
The Storrs Lectures: Liberals and Romantics at War: The Problem of Collective Guilt, George P. Fletcher
Illegalized Sexual Dissent: Sexualities and Nationalisms, Katherine M. Franke
Women Imagining Justice, Katherine M. Franke
The Birth, Death, and Rebirth of the World Trade Center and the Fate of New York, Michael B. Gerrard
Lipton and Rowe's Apologia for Delaware: A Short Reply, Ronald J. Gilson
From Having Copies to Experiencing Works: The Development of an Access Right in U.S. Copyright Law, Jane C. Ginsburg
How Copyright Got a Bad Name for Itself, Jane C. Ginsburg
"The Exclusive Right to Their Writings": Copyright and Control in the Digital Age, Jane C. Ginsburg
On Making Anti-Essentialist and Social Constructionist Arguments in Courts, Suzanne B. Goldberg
Panel One: Gender, Race, and Sexuality: Historical Themes and Emerging Issues in Women's Rights Law: Introduction, Suzanne B. Goldberg
Parallel Lives: Women's Rights and Lesbian Rights Litigation, Suzanne B. Goldberg
A Reexamination of Glanzer v. Shepard: Surveyors on the Tort- Contract Boundary, Victor P. Goldberg
Discretion in Long-Term Open Quantity Contracts: Reining in Good Faith, Victor P. Goldberg
Free Riding on Hot Wheels, Victor P. Goldberg
What Enron Means for the Management and Control of the Modern Business Corporation: Some Initial Reflections, Jeffrey N. Gordon
100 Million Unnecessary Returns: A Fresh Start for the U.S. Tax System, Michael J. Graetz
Erwin Griswold's Tax Law – And Ours, Michael J. Graetz
Natural Law and Public Reasons, Kent Greenawalt
Racial Profiling Under Attack, Samuel R. Gross and Debra A. Livingston
Illiberal Liberalism: Liberal Theology, Anti-Catholicism, & Church Property, Philip A. Hamburger
Measured Interpretation: Introducing the Method of Correspondence Analysis to Legal Studies, Bernard E. Harcourt
Policing Disorder: Can We Reduce Serious Crime by Punishing Petty Offenses?, Bernard E. Harcourt
Economic Development, Competition Policy, and the World Trade Organization, Bernard Hoekman and Petros C. Mavroidis
Thirteen Ways of Looking at the Law, Bert I. Huang
New Death Penalty Debate: What's DNA Got to Do with It, James S. Liebman
Opting for Real Death Penalty Reform, James S. Liebman
Rates of Reversible Error and the Risk of Wrongful Execution, James S. Liebman
A Broken System, Part II: Why There is So Much Error in Capital Cases and What Can be Done About It, James S. Liebman, Jeffrey A. Fagan, Andrew Gelman, Valerie West, Garth Davies, and Alexander Kiss
Unifying Commercial Law in the New Century, Lance Liebman
Patent Signals, Clarisa Long
Credit Cards and Debit Cards in the United States and Japan, Ronald J. Mann