Publications from 2003
The Attorney as Gatekeeper: An Agenda for the SEC, John C. Coffee Jr.
What Caused Enron? A Capsule Social and Economic History of the 1990s, John C. Coffee Jr.
An Appreciation of Jonathan I. Charney, Lori Fisler Damrosch
The Interface of National Constitutional Systems with International Law and Institutions on Using Military Force: Changing Trends in Executive and Legislative Powers, Lori Fisler Damrosch
Agora (Continued): Future Implications of the Iraq Conflict: Editors' Note, Lori Fisler Damrosch and Bernard H. Oxman
Agora: Future Implications of the Iraq Conflict: Editors' Introduction, Lori Fisler Damrosch and Bernard H. Oxman
The New Technology Transfer Block Exemption: Will the New Block Exemption Balance the Goals of Innovation and Competition?, Maurits Dolmans and Anu Bradford
The Proposed New Technology Transfer Block Exemption: Is Europe Really Better Off Than with the Current Regulation?, Maurits Dolmans and Anu Bradford
Problem-Solving Courts: From Innovation to Institutionalization, Michael C. Dorf and Jeffrey A. Fagan
Women's Rights: Reframing the Issues for the Future, Ariana Dubler, Anika Rahman, Kathy Rodgers, and Jane M. Spinak
Theorizing Community Justice Through Community Courts, Jeffery Fagan and Victoria Malkin
Reciprocal Effects of Crime and Incarceration in New York City Neighborhoods, Jeffery Fagan, Valerie West, and Jan Holland
Atkins, Adolescence, and the Maturity Heuristic: Rationales for a Categorical Exemption for Juveniles from Capital Punishment, Jeffrey A. Fagan
Thinking about Eden: A Tribute to Herbert Morris, George P. Fletcher
Optimal Regulatory Areas for Securities Disclosure, Merritt B. Fox
Law, Share Price Accuracy and Economic Performance: The New Evidence, Merritt B. Fox, Randall Morck, Bernard Yeung, and Artyom Durnev
On Discipline and Canon, Katherine M. Franke
Frictions and Tax-Motivated Hedging: An Empirical Exploration of Publicly-Traded Exchangeable Securities, William M. Gentry and David M. Schizer
Damage to Family Relationships as a Collateral Consequence of Parental Incarceration, Philip Genty
Disasters First: Rethinking Environmental Law After September 11, Michael B. Gerrard
Private Lawyers and Environmental Justice, Michael B. Gerrard
Harnessing Information Technology to Improve the Environmental Impact Review Process, Michael B. Gerrard and Michael Herz
Engineering a Venture Capital Market: Lessons from the American Experience, Ronald J. Gilson
Controlling Controlling Shareholders, Ronald J. Gilson and Jeffrey N. Gordon
The Mechanisms of Market Efficiency Twenty Years Later: The Hindsight Bias, Ronald J. Gilson and Reinier Kraakman
Understanding Venture Capital Structure: A Tax Explanation for Convertible Preferred Stock, Ronald J. Gilson and David M. Schizer
Achieving Balance in International Copyright Law, Jane C. Ginsburg
The Concept of Authorship in Comparative Copyright Law, Jane C. Ginsburg
The Cyberian Captivity of Copyright: Territoriality and Authors' Rights in a Networked World, Jane C. Ginsburg
Thinking about Feminism, Social Justice, and the Place of Feminist Law Journals: A Letter to the Editor, Suzanne B. Goldberg
Emotional Harm in Housing Discrimination Cases: A New Look at a Lingering Problem, Victor M. Goode and Conrad Johnson
Governance Failures of the Enron Board and the New Information Order of Sarbanes-Oxley, Jeffrey N. Gordon
The Efficiency of Controlling Corporate Self-Dealing: Theory Meets Reality, Zohar Goshen
Taxing International Portfolio Income, Michael J. Graetz and Itai Grinberg
A Few Reflections on the Model Penal Code Commentaries, Kent Greenawalt
Establishing Religious Ideas: Evolution, Creationism, and Intelligent Design, Kent Greenawalt
A Civics Action: Interpreting Adequacy in State Constitutions Education Clauses, Joshua Gupta-Kagan
Law and Judicial Duty, Philip A. Hamburger
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
Illusion and Reality in the Compensation of Victims of International Terrorism, W. Michael Reisman and Monica Hakimi
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