Publications from 1999
Revaluing Restitution: From the Talmud to Postsocialism, Michael A. Heller and Christopher Serkin
An Economic Analysis of the Guaranty Contract, Avery W. Katz
In Defense of the Incorporation Strategy, Jody S. Kraus and Steven D. Walt
Legal Aid and Public Interest Law in China, Benjamin L. Liebman
Reforming Labor Law for the New Century, Lance Liebman
Police Reform and the Department of Justice: An Essay on Accountability, Debra A. Livingston
Secured Credit and Software Financing, Ronald J. Mann
Verification Institutions in Financing Transactions, Ronald J. Mann
Dispute Settlement Procedures and Mechanisms, Petros C. Mavroidis
Beyond the Independent Counsel: Evaluating the Options, Thomas W. Merrill
The Constitution and the Cathedral: Prohibiting, Purchasing, and Possibly Condemning Tobacco Advertising, Thomas W. Merrill
The Nuttiness of Divorce, Thomas W. Merrill
Japan's Experience with Deposit Insurance and Failing Banks: Implications for Financial Regulatory Design?, Curtis J. Milhaupt
So Much for Savages: Navajo 1, Government 0 in Final Moments of Play, Eben Moglen
Economic Development, Legality, and the Transplant Effect, Katharina Pistor, Daniel Berkowitz, and Jean-Francois Richard
Who's in Control? The Courts, the Legislature and the Public in Colorado's School Finance Debate, Christina D. Ponsa-Kraus and Drew Dunphy
Grand Jury Secrecy: Plugging the Leaks in an Empty Bucket, Daniel Richman
Foreword, Elizabeth S. Scott
Rethinking the Uniformity Norm in Commercial Law: Optimal Institutional Design for Regulating Incomplete Contracts, Robert E. Scott
Moral Icons: A Comment on Steven Lubet's Reconstructing Atticus Finch, William H. Simon
The Legal and the Ethical in Legal Ethics: A Brief Rejoinder to Comments on The Practice of Justice, William H. Simon
Three Limitations of Deliberative Democracy: Identity Politics, Bad Faith, and Indeterminancy, William H. Simon
Virtuous Lying: A Critique of Quasi-Categorical Moralism, William H. Simon
The Common Law and Statutes, Peter L. Strauss
Introduction: Reconnecting Labor and Civil Rights Advocacy, Susan P. Sturm
Precedential Cascades: An Appraisal, Eric Talley
Taking the "I" Out of "Team": Intra-Firm Monitoring and the Content of Fiduciary Duties, Eric L. Talley
The Political Economy of Recognition: Affirmative Action Discourse and Constitutional Equality in Germany and the U.S.A., Kendall Thomas
The Supreme Court, Sexual Citizenship and the Idea of Progress, Kendall Thomas
Siegecraft and Surrender: The Law and Strategy of Cities and Targets, Matthew C. Waxman
Application-Centered Internet Analysis, Tim Wu
Publications from 1998
Does the Constitution Require That We Kill the Competitive Goose? Pricing Local Phone Services to Rivals, William J. Baumol and Thomas W. Merrill
Comparative Law in the New European Community, George Bermann
Reflections on the Papers Presented by Weiler, Goebel, and Meyers & Levie, George A. Bermann
The European Intergovernmental Conference: An American Perspective, George A. Bermann
Free Speech and Good Character, Vincent A. Blasi
The New York City Charter and the Question of Scale, Richard Briffault
Global Labor Rights and the Alien Tort Claims Act, Sarah H. Cleveland
Conflicts Consent and Allocation After Amchem Products – Or Why Attorneys Still Need Consent to Give Away Their Clients' Money, John C. Coffee Jr.
Modern Mail Fraud: The Restoration of the Public/Private Distinction, John C. Coffee Jr.
Playing Race Cards: Constructing a Proactive Defense of Affirmative Action, Kimberlé W. Crenshaw
The Contradictions of Mainstream Constitutional Theory, Kimberlé W. Crenshaw and Gary Peller
The Justiciability of Paraguay's Claim of Treaty Violation, Lori Fisler Damrosch
Use of Force and Constitutionalism, Lori Fisler Damrosch
A Constitution of Democratic Experimentalism, Michael C. Dorf and Charles F. Sabel
Declining Homicide in New York City: A Tale of Two Trends, Jeffery Fagan, Franklin E. Zimring, and June Kim
Crime in Public Housing: Clarifying Research Issues, Jeffrey A. Fagan, Tamara Dumanovsky, J. Phillip Thompson, and Garth Davies
Guns, Youth Violence, and Social Identity in Inner Cities, Jeffrey Fagan and Deanna L. Wilkinson
Dogmas of the Model Penal Code, George P. Fletcher
The Fall and Rise of Criminal Theory, George P. Fletcher
Truth in Codification, George P. Fletcher
The Political Economy of Statutory Reach: U.S. Disclosure Rules in a Globalizing Market for Securities, Merritt B. Fox
Gender Sex Agency and Discrimination: A Reply to Professor Abrams, Katherine M. Franke
Putting Sex to Work, Katherine M. Franke
Why Ownership Matters? Entrepreneurship and the Restructuring of Enterprises in Central Europe, Roman Frydman, Marek P. Hessel, and Andrzej Rapaczynski
Demons and Angels in Hazardous Waste Regulation: Are Justice, Efficiency, and Democracy Reconcilable?, Michael B. Gerrard
Emerging Statutory and Constitutional Tools for States to Resist Federal Environmental Regulation, Michael B. Gerrard
New York State's Brownfields Programs: More and Less than Meets the Eye, Michael B. Gerrard
Reflections in a Distant Mirror: Japanese Corporate Governance through American Eyes, Ronald J. Gilson
Understanding the Choice Between Public and Private Equity Financing of Early Stage Companies: A Comment on Barry and Turki, Ronald J. Gilson
Authors as "Licensors" of "Informational Rights" Under U.C.C. Article 2B, Jane C. Ginsburg
Ownership of Electronic Rights and the Private International Law of Copyright, Jane C. Ginsburg
Symposium on Electronic Rights in International Perspective: Introduction, Jane C. Ginsburg
Bloomer Girl Revisited or How to Frame an Unmade Picture, Victor P. Goldberg
Deutsche Telekom, German Corporate Governance, and the Transition Costs of Capitalism, Jeffrey N. Gordon
Individual Responsibility for the Investment of Retirement Savings: A Cautionary View, Jeffrey N. Gordon
Controlling Corporate Agency Costs: A United States-Israeli Comparative Law, Zohar Goshen
Hands Off! Civil Court Involvement in Conflicts Over Religious Property, Kent Greenawalt
Judicial Resolution of Issues about Religious Conviction, Kent Greenawalt
Originalism and the Religion Clauses: A Response to Professor George, Kent Greenawalt
Religious Law and Civil Law: Using Secular Law to Assure Observance of Practices with Religious Significance, Kent Greenawalt
Secret Knowledge of Genocide: British Failure to Disclose the Killing of Jews in 1941, Kent Greenawalt
Should the Religion Clauses of the Constitution Be Amended?, Kent Greenawalt
Why Now is Not the Time for Constitutional Amendment: The Limited Reach of City of Boerne v. Flores, Kent Greenawalt
Reflecting on the Subject: A Critique of the Social Influence Conception of Deterrence, the Broken Windows Theory, and Order-Maintenance Policing New York Style, Bernard Harcourt
The Tragedy of the Anticommons: Property in the Transition from Marx to Markets, Michael A. Heller
Can Patents Deter Innovation? The Anticommons in Biomedical Research, Michael Heller and Rebecca S. Eisenberg
The Great Transformation of Regulated Industries Law, Joseph D. Kearney and Thomas W. Merrill
Careers and Contingency, Gillian Lester
Autonomy Through Separation?: Environmental Law and the Basic Law of Hong Kong, Benjamin L. Liebman
Class Action Litigation in China, Benjamin L. Liebman
Some Effectual Power: The Quantity and Quality of Decisionmaking Required of Article III Courts, James S. Liebman and William F. Ryan
Police, Community Caretaking, and the Fourth Amendment, Debra A. Livingston
Police Patrol, Judicial Integrity, and the Limits of Judicial Control, Debra A. Livingston
Our Administrative System of Criminal Justice, Gerard E. Lynch
Towards A Model Penal Code, Second (Federal?): The Challenge of the Special Part, Gerard E. Lynch
A New Age of Federalism, Thomas W. Merrill
Compensation and the Interconnectedness of Property, Thomas W. Merrill
High-Level, "Tenured" Lawyers, Thomas W. Merrill
Property and the Right to Exclude, Thomas W. Merrill
Toward a Principled Interpretation of the Commerce Clause, Thomas W. Merrill
Antisuit Injunctions and Preclusion against Absent Nonresident Class Members, Henry Paul Monaghan
Judicial Review of Discount Rates Used in Regulatory Cost-Benefit Analysis, Edward R. Morrison
The WTO Legal System: Sources of Law, David Palmeter and Petros C. Mavroidis
Recent Publications: Puerto Rico, Christina D. Ponsa-Kraus
Is There a Future for Future Claimants After Amchem Products, Inc. v. Windsor?, Alex Raskolnikov
Federal Criminal Law, Congressional Delegation, and Enforcement Discretion, Daniel Richman
Foreword, Daniel Richman
The Challenges of Investigating Section 5K1.1 in Practice, Daniel Richman