Publications from 1995
Lani Guinier and the Dilemmas of American Democracy, Richard Briffault
Race and Representation After Miller v. Johnson, Richard Briffault
Class Wars: The Dilemma of the Mass Tort Class Action, John C. Coffee Jr.
Competition Versus Consolidation: The Significance of Organizational Structure in Financial and Securities Regulation, John C. Coffee Jr.
Corruption of the Class Action: The New Technology of Collusion, John C. Coffee Jr.
Re-Engineering Corporate Disclosure: The Coming Debate over Company Registration, John C. Coffee Jr.
Constitutional Control over War Powers: A Common Core of Accountability in Democratic Societies?, Lori Fisler Damrosch
The Constitutional Responsibility of Congress for Military Engagements, Lori Fisler Damrosch
Political Correctness in Jury Selection, George P. Fletcher
The Central Mistake of Sex Discrimination Law: The Disaggregation of Sex from Gender, Katherine M. Franke
Business Lawyers and Value Creation for Clients, Ronald J. Gilson and Robert H. Mnookin
Domestic and International Copyright Issues Implicated in the Compilation of a Multimedia Product, Jane C. Ginsburg
Exploiting the Artist's Commercial Identity: The Merchandizing of Art Images, Jane C. Ginsburg
Global Use/Territorial Rights: Private International Law Questions of the Global Information Infrastructure, Jane C. Ginsburg
Putting Cars on the "Information Superhighway": Authors, Exploiters, and Copyright in Cyberspace, Jane C. Ginsburg
Shareholder Dividend Options, Zohar Goshen
Paint-by-Numbers Tax Lawmaking, Michael J. Graetz
Legal Enforcement of Morality, Kent Greenawalt
Quo Vadis: The Status and Prospects of Tests Under the Religion Clauses, Kent Greenawalt
Some Problems with Public Reason in John Rawls's Political Liberalism, Kent Greenawalt
The "Language of Law" and "More Probable Than Not": Some Brief Thoughts, Kent Greenawalt
The World Trade Organization's Agreement on Government Procurement: Expanding Disciplines, Declining Membership?, Bernard Hoekman and Petros C. Mavroidis
Integrating the "Underclass": Confronting America's Enduring Apartheid, Olatunde C.A. Johnson
Taking Private Ordering Seriously, Avery W. Katz
The Profession of Law: Columbia Law School's Use of Experiential Learning Techniques to Teach Professional Responsibility, Carol B. Liebman
Proposed Evidence Rules 413 to 415 – Some Problems and Recommendations, James S. Liebman
U. S. Social Welfare Policy, Lance Liebman
Bankruptcy and the Entitlements of the Government: Whose Money Is It Anyway?, Ronald J. Mann
Dolan v. City of Tigard: Constitutional Rights as Public Goods, Thomas W. Merrill
Holmes's Legacy and the New Constitutional History, Eben Moglen
Banks McDowell, Henry P. Monaghan
Rights and Politics, Joseph Raz
Cooperating Clients, Daniel Richman
Girls and the Getaway: Cars, Culture, and the Predicament of Gendered Space, Carol Sanger
Parents as Fiduciaries, Elizabeth S. Scott and Robert E. Scott
The Mythology of Article 9, Robert E. Scott
Thomas Jefferson, James Madison and the Role of Interdisciplinary Studies, Robert E. Scott
Reflections on a Case (of Motherhood), Jane M. Spinak
On Resegregating the Worlds of Statute and Common Law, Peter L. Strauss
Liability-Based Fee-Shifting Rules and Settlement Mechanisms Under Incomplete Information, Eric Talley
Linguistic Indeterminacy and the Rule of Law: On the Perils of Misunderstanding Wittgenstein, Christian Zapf and Eben Moglen
Rediscovering Client Decisionmaking: The Impact of Role-Playing, Mary Zulack
Publications from 1994
What Happens When Mediation is Institutionalized?: To the Parties, Practitioners and Host Institutions, James J. Alfini, John Barkai, Robert A. Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol B. Liebman, Sharon Press, and Leonard Riskin
What Happens When Mediation is Institutionalized?: To the Parties, Practitioners, and Host Institutions, James J. Alfini, John Barkai, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol B. Liebman, Sharon Press, and Leonard Riskin
Solomonic Bargaining: Dividing a Legal Entitlement to Facilitate Coasean Trade, Ian Ayres and Eric Talley
Democracy and Domination in the Law of Workplace Cooperation: From Bureaucratic to Flexible Production, Mark Barenberg
Taking Subsidiarity Seriously: Federalism in the European Community and the United States, George A. Bermann
The World Trading System, Jagdish N. Bhagwati
Free Speech and the Widening Gyre of Fund-Raising: Why Campaign Spending Limits May Not Violate the First Amendment after All Symposium on Campaign Finance Reform, Vincent A. Blasi
Reflections Inspired by My Critics, Philip Chase Bobbitt
War Powers: An Essay on John Hart Ely's War and Responsibility: Constitutional Lessons of Vietnam and its Aftermath, Philip Chase Bobbitt
Federalism and Health Care Reform: Is Half a Loaf Really Worse Than None?, Richard Briffault
"What About the 'Ism'?" Normative and Formal Concerns in Contemporary Federalism, Richard Briffault
The SEC and the Institutional Investor: A Half-Time Report, John C. Coffee Jr.
Hail Britannia?: Institutional Investor Behavior Under Limited Regulation, John C. Coffee Jr. and Bernard S. Black
Nationalism and Internationalism: The Wilsonian Legacy, Lori Fisler Damrosch
On the Moral Irrelevance of Bodily Movements, George P. Fletcher
What is Punishment Imposed For?, George P. Fletcher
Insider Trading Deterrence Versus Managerial Incentives: A Unified Theory of Section 16(b), Merritt B. Fox
Thinking to be Paid versus Being Paid to Think, Merritt B. Fox
Environmental Commercial Law – Update on SEQRA Lawsuits for 1994, Michael B. Gerrard
Fear and Loathing in the Siting of Hazardous and Radioactive Waste Facilities: A Comprehensive Approach to a Misperceived Crisis, Michael B. Gerrard
The Role of Existing Environmental Laws in the Environmental Justice Movement, Michael B. Gerrard
The Victims of NIMBY, Michael B. Gerrard
Disputing Through Agents: Cooperation and Conflict Between Lawyers in Litigation, Ronald J. Gilson and Robert H. Mnookin
Four Reasons and a Paradox: The Manifest Superiority of Copyright over Sui Generis Protection of Computer Software, Jane C. Ginsburg
Surveying the Borders of Copyright, Jane C. Ginsburg
Facing the Challenge: A Lawyer's Response to Anti-Gay Initiatives, Suzanne B. Goldberg
Gay Rights Through the Looking Glass: Politics, Morality, and the Trial of Colorado's Amendment 2, Suzanne B. Goldberg
Violence Against Lesbians and Gay Men, Suzanne B. Goldberg and Bea Hanson
Recovery for Economic Loss Following the Exxon Valdez Oil Spill, Victor P. Goldberg
Institutions As Relational Investors: A New Look at Cumulative Voting, Jeffrey N. Gordon
On Public Reason, Kent Greenawalt
Revolution and Judicial Review: Chief Justice Holt's Opinion in City of London v. Wood, Philip A. Hamburger
Trivial Rights, Philip A. Hamburger
Property Rights: A View from the Trenches, Michael A. Heller
Echoes of Tomorrow: The Road to Serfdom Revisited, Alex Kozinski and David M. Schizer
Decoupling Sales Law from the Acceptance-Rejection Fulcrum, Jody S. Kraus
Brecht v. Abrahamson: Harmful Error in Habeas Corpus Law, James S. Liebman and Randy Hertz
Brutality in Blue: Community, Authority, and the Elusive Promise of Police Reform, Debra A. Livingston
Shouting Down the Voice of the People: Political Parties, Powerful PAC's and Concerns about Corruption, Clarisa Long
The Sentencing Guidelines as a Not-So-Model Penal Code, Gerard E. Lynch
A Modest Proposal for a Political Court, Thomas W. Merrill
Chief Justice Rehnquist, Pluralist Theory, and the Interpretation of Statutes, Thomas W. Merrill
Constitutional Limits on Physician Price Control, Thomas W. Merrill
Panel III: International Law, Global Environmentalism, and the Future of American Environmental Policy, Thomas W. Merrill
Reply to Professor Brewbaker, Thomas W. Merrill
Textualism and the Future of the Chevron Doctrine, Thomas W. Merrill
Two Social Movements, Thomas W. Merrill
Unburdening the Undue Burden Standard: Orienting Casey in Constitutional Jurisprudence, Gillian E. Metzger
Considering Zenger: Partisan Politics and the Legal Profession in Provincial New York, Eben Moglen
Taking the Fifth: Reconsidering the Origins of the Constitutional Privilege Against Self-Incrimination, Eben Moglen
Toward a New Deal Legal History, Eben Moglen
Of Laws and Men: An Essay on Justice Marshall's View of Criminal Procedure, Daniel C. Richman and Bruce A. Green
Curriculum Vitae (Feminae): Biography and Early American Women Lawyers, Carol Sanger
Foreword to Tributes, Robert E. Scott
The Politics of Article 9, Robert E. Scott
The Dark Secret of Progressive Lawyering: A Comment on Poverty Law Scholarship in the Post-Modern, Post-Reagan Era, William H. Simon
Sameness and Subordination: The Dangers of a Universal Solution, Susan P. Sturm