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Publications from 1987

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Formal and Functional Approaches to Separation-of-Powers Questions – A Foolish Inconsistency?, Peter L. Strauss

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One Hundred Fifty Cases Per Year: Some Implications of the Supreme Court's Limited Resources for Judicial Review of Agency Action, Peter L. Strauss

Publications from 1986

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Economic Perspectives on Trade in Professional Services, Jagdish N. Bhagwati

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Shareholders Versus Managers: The Strain in the Corporate Web, John C. Coffee Jr.

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Understanding the Plaintiff's Attorney: The Implications of Economic Theory for Private Enforcement of Law Through Class and Derivative Actions, John C. Coffee Jr.

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Rethinking the Theory of Legal Rights, Jules S. Coleman and Jody S. Kraus

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Curtiss-Wright Comes Home: Executive Power and National Security Secrecy, Harold Edgar and Benno C. Schmidt Jr.

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Fishing and Selling, Victor P. Goldberg

Takeover Defense Tactics: A Comment on Two Models, Jeffrey N. Gordon and Lewis A. Kornhauser

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Introduction to the Edwin S. Cohen Tax Symposium: An Overview of Business Taxation, Michael J. Graetz

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The Lawyer as Informer, Gerard E. Lynch

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Economics of Public Use, Thomas W. Merrill

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Time, Property Rights, and the Common Law, Thomas W. Merrill

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State Law Wrongs, State Law Remedies, and the Fourteenth Amendment, Henry Paul Monaghan

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Dworkin: A New Link in the Chain, Joseph Raz

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Sterilization of Mentally Retarded Persons: Reproductive Rights and Family Privacy, Elizabeth S. Scott

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A Relational Theory of Secured Financing, Robert E. Scott

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Error and Rationality in Individual Decisionmaking: An Essay on the Relationship Between Cognitive Illusion and the Management of Choice, Robert E. Scott

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Through Bankruptcy with the Creditors' Bargain Heuristic, Robert E. Scott

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Judicial Clerkships and Elite Professional Culture, William H. Simon

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Rights and Redistribution in the Welfare System, William H. Simon

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The Role of the President and OMB in Informal Rulemaking, Peter L. Strauss and Cass R. Sunstein

Publications from 1985

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The Pathological Perspective and the First Amendment, Vincent A. Blasi

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Distrust of Democracy, Richard Briffault

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The Unfaithful Champion: The Plaintiff as Monitor in Shareholder Litigation, John C. Coffee Jr.

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A Transaction Theory of Crime?, George P. Fletcher

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Paradoxes in Legal Thought, George P. Fletcher

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The Right and the Reasonable, George P. Fletcher

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Sharing Among the Human Capitalists: An Economic Inquiry into the Corporate Law Firm and How Partners Split Profits, Ronald J. Gilson and Robert H. Mnookin

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The Limits of Expanded Choice: An Analysis of the Interactions between Express and Implied Contract Terms, Charles J. Goetz and Robert E. Scott

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Price Adjustment in Long-Term Contracts, Victor P. Goldberg

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Television and the Quest for Gold: The Unofficial Paper of the 1984 Olympics, Victor P. Goldberg

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Efficient Markets, Costly Information, and Securities Research, Jeffrey N. Gordon and Lewis A. Kornhauser

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Retroactivity Revisited, Michael J. Graetz

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The Development of the Law of Seditious Libel and the Control of the Press, Philip A. Hamburger

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Equalities Real and Ideal: Affirmative Action in Indian Law Review, Lance Liebman

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Property Rules, Liability Rules, and Adverse Possession, Thomas W. Merrill

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The Common Law Powers of Federal Courts, Thomas W. Merrill

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Trespass, Nuisance, and the Costs of Determining Property Rights, Thomas W. Merrill

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Constitutional Fact Review, Henry Paul Monaghan

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Taking Bureaucracy Seriously, Henry Paul Monaghan

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Babbitt v. Brandeis: The Decline of the Professional Ideal, William H. Simon

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Legal Informality and Redistributive Politics, William H. Simon

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The Invention and Reinvention of Welfare Rights, William H. Simon

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The Metamorphosis of Legal Education Symposium on Legal Education, Peter L. Strauss

Publications from 1984

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The Federal Election Campaign Act and the 1980 Election, Richard Briffault

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Litigation and Corporate Governance: An Essay on Steering Between Scylla and Charybdis, John C. Coffee Jr.

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Market Failure and the Economic Case for a Mandatory Disclosure System, John C. Coffee Jr.

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Regulating the Market for Corporate Control: A Critical Assessment of the Tender Offer's Role in Corporate Governance, John C. Coffee Jr.

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Some Unwise Reflections about Discretion, George P. Fletcher

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The Mechanisms of Market Efficiency, Ronald J. Gilson

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Value Creation by Business Lawyers: Legal Skills and Asset Pricing, Ronald J. Gilson

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Copyright Law, David Goldberg and Jane C. Ginsburg

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An Economic Analysis of the Lost-Volume Retail Seller, Victor P. Goldberg

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The Free Rider Problem, Imperfect Pricing, and the Economics of Retailing Services, Victor P. Goldberg

The Perplexing Borders of Justification and Excuse, Kent Greenawalt

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Constitutional Law as Moral Philosophy, Gerard E. Lynch

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Federal Jurisdiction over Preemption Claims: A Post-Franchise Tax Board Analysis, Ronald J. Mann

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Third Party Standing, Henry Paul Monaghan

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Antitrust Standing, Antitrust Injury, and the Per Se Standard, Daniel C. Richman

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Rethinking Joint Custody, Elizabeth S. Scott and Andre Derdeyn

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Visions of Practice in Legal Thought, William H. Simon

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Albert J. Rosenthal in Grateful Appreciation, Michael I. Sovern

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The Place of Agencies in Government: Separation of Powers and the Fourth Branch, Peter L. Strauss

Publications from 1983

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Rescuing the Private Attorney General: Why the Model of the Lawyer as Bounty Hunter is Not Working, John C. Coffee Jr.

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The Mitigation Principle: Toward a General Theory of Contractual Obligation, Charles J. Goetz and Robert E. Scott

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The 1982 Minimum Tax Amendments as a First Step in the Transition to a "Flat-Rate" Tax, Michael J. Graetz

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To Praise the Estate Tax, Not to Bury It, Michael J. Graetz

How Empty Is the Idea of Equality, Kent Greenawalt

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Commercial Arbitration in the Eighteenth Century: Searching for the Transformation of American Law, Eben Moglen

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Marbury and the Administrative State, Henry Paul Monaghan

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Sharing Parenthood After Divorce, Carol Sanger

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Legality, Bureaucracy, and Class in the Welfare System, William H. Simon

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Teaching Administrative Law: The Wonder of the Unknown, Peter L. Strauss

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Was There a Baby in the Bathwater? A Comment on the Supreme Court's Legislative Veto Decision, Peter L. Strauss

Publications from 1982

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The Case for Treason, George P. Fletcher

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Seeking Competitive Bids Versus Pure Passivity in Tender Offer Defense, Ronald J. Gilson

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The Case Against Shark Repellent Amendments: Structural Limitations on the Enabling Concept, Ronald J. Gilson

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Resale Price Maintenance and the FTC: The Magnavox Investigation, Victor P. Goldberg

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Overbreadth, Henry Paul Monaghan

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Promises in Morality and Law, Joseph Raz

Publications from 1981

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Toward a Theory of Prior Restraint: The Central Linkage, Vincent A. Blasi

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A Reply to Professor Ball, Philip Chase Bobbitt

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From Tort to Crime: Some Reflections on the Criminalization of Fiduciary Breaches and the Problematic Line between Law and Ethics, John C. Coffee Jr.

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"No Soul to Damn: No Body to Kick": An Unscandalized Inquiry into the Problem of Corporate Punishment, John C. Coffee Jr.

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"Twisting Slowly in the Wind": A Search for Constitutional Limits on Coercion of the Criminal Defendant, John C. Coffee Jr.

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The Survival of the Derivative Suit: An Evaluation and a Proposal for Legislative Reform, John C. Coffee Jr. and Donald E. Schwartz

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Two Modes of Legal Thought Symposium on Legal Scholarship: Its Nature and Purposes, George P. Fletcher

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A Structural Approach to Corporations: The Case Against Defensive Tactics in Tender Offers, Ronald J. Gilson

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Principles of Relational Contracts, Charles J. Goetz and Robert E. Scott

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Monrad Paulsen and the Idea of a University Law School, Michael J. Graetz and Charles H. Whitebread II

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Our Perfect Constitution, Henry Paul Monaghan

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Authority and Consent, Joseph Raz

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In Fond Appreciation, Michael I. Sovern

In Fond Appreciation, Michael I. Sovern

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Regulatory Reform in a Time of Transition, Peter L. Strauss

Publications from 1980

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Constitutional Fate, Philip Chase Bobbitt

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Making the Punishment Fit the Corporation: The Problem of Finding an Optimal Corporation Criminal Sanction, John C. Coffee Jr.

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Rebuttal: The Individual or The Firm? Focusing The Threat of Criminal Liability, John C. Coffee Jr.

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Manifest Criminality, Criminal Intent, and the Metamorphosis of Lloyd Weinreb, George P. Fletcher