Publications from 1988
No Exit?: Opting Out, The Contractual Theory of the Corporation, and the Special Case of Remedies, John C. Coffee Jr.
The Uncertain Case for Takeover Reform: An Essay on Stockholders, Stakeholders and Bust-Ups, John C. Coffee Jr.
Corporate Takeovers: Who Wins; Who Loses; Who Should Regulate, John C. Coffee Jr., Joseph A. Grundfest, Roberta Romano, and Murray L. Weidenbaum
Standards for Organizational Probation: A Proposal to the United States Sentencing Commission, John C. Coffee Jr., Richard Gruner, and Christopher D. Stone
Foreword, Kimberlé W. Crenshaw
Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law, Kimberlé W. Crenshaw
Toward a Race-Conscious Pedagogy in Legal Education, Kimberlé W. Crenshaw
Mistake in the Model Penal Code: A False False Problem, George P. Fletcher
The Role of the Market Model in Corporate Law Analysis: A Comment on Weiss and White, Merritt B. Fox
Drafting an Effective Greenmail Prohibition, Ronald J. Gilson
Colors in Conflicts: Moral Rights and the Foreign Exploitation of Colorized U.S. Motion Pictures, Jane C. Ginsburg
One Hundred and Two Years Later: The U.S. Joins the Berne Convention, Jane C. Ginsburg and John M. Kernochan
Nicaragua: United States Assistance to the Nicaraguan Human Rights Association and the Nicaraguan Resistance, Suzanne B. Goldberg, Lee Crawford, Kevin Reed, and John Tennant
Accountable Accountants: Is Third-Party Liability Necessary?, Victor P. Goldberg
Clarifying the Record: A Comment, Victor P. Goldberg
Impossibility and Related Excuses, Victor P. Goldberg
Ties that Bond: Duel Class Common Stock and the Problem of Shareholder Choice, Jeffrey N. Gordon
The Truth About Tax Reform, Michael J. Graetz
A Vice of Its Virtues: The Perils of Precision in Criminal Codification, as Illustrated by Retreat, General Justification, and Dangerous Utterances, Kent Greenawalt
The Rule of Recognition and the Constitution, Kent Greenawalt
Reflections on Fuller and Perdue's The Reliance Interest in Contract Damages: A Positive Economic Framework, Avery W. Katz
A Reply to Michael Goldsmith, Gerard E. Lynch
The Scope of Consular Immunity under the Vienna Convention on Consular Relations: Towards a Principled Interpretation, Curtis J. Milhaupt
Stare Decisis and Constitutional Adjudication, Henry Paul Monaghan
The Confirmation Process: Law or Politics?, Henry Paul Monaghan
The Ninth Amendment and the Unwritten Constitution: The Problems of Constitutional Interpretation, Andrzej Rapaczynski
Children's Preference in Adjudicated Custody Decisions, Elizabeth S. Scott, N. Dickon Reppucci, and Mark Aber
Ethical Discretion in Lawyering, William H. Simon
Publications from 1987
The Global Correspondence Principle: A Generalization, Jagdish N. Bhagwati, Richard A. Brecher, and Tatsuo Hatta
The Teaching Function of the First Amendment, Vincent A. Blasi
The Court's Role in Congressional Federalism: A Play with (at Least) Three Acts, Philip C. Bobbitt
Wade H. McCree, Jr., Lee C. Bollinger
State-Local Relations and Constitutional Law, Richard Briffault
Rethinking the Class Action: A Policy Primer on Reform, John C. Coffee Jr.
The Future of Corporate Federalism: State Competition and the New Trend toward De Facto Federal Minimum Standards, John C. Coffee Jr.
The Regulation of Entrepreneurial Litigation: Balancing Fairness and Efficiency in the Large Class Action, John C. Coffee Jr.
Congress and the Executive: Who Calls the Shots for National Security? – Remarks by Lori Fisler Damrosch, Lori Fisler Damrosch
Foreign States and the Constitution, Lori Fisler Damrosch
Are We a Nation of Tax Cheaters? New Econometric Evidence on Tax Compliance, Jeffrey A. Dubin, Michael J. Graetz, and Louis L. Wilde
Contributions of Victimization to Delinquency in Inner Cities, Jeffery Fagan, Elizabeth S. Piper, and Yu-Teh Cheng
Law and Morality: A Kantian Perspective, George P. Fletcher
The Universal and the Particular in Legal Discourses, George P. Fletcher
The Unmet Challenge of Criminal Theory, George P. Fletcher
Why Kant, George P. Fletcher
Evaluating Dual Class Common Stock: The Relevance of Substitutes, Ronald J. Gilson
Quantity and Price Adjustment in Long-Term Contracts: A Case Study of Petroleum Coke, Victor P. Goldberg and John R. Erickson
Bargaining in the Shadow of Eminent Domain: Valuing and Apportioning Condemnation Awards Between Landlord and Tenant, Victor P. Goldberg, Thomas W. Merrill, and Daniel Unumb
The Puzzling Persistence of the Constrained Prudent Man Rule, Jeffrey N. Gordon
Troubled Marriage of Retirement Security and Tax Policies, Michael J. Graetz
Church-State Relations and Religious Convictions, Kent Greenawalt
Constitutional Decisions and the Supreme Law, Kent Greenawalt
Chernobyl Fallout: Recent IAEA Conventions Expand Transboundary Nuclear Pollution Law, Michael A. Heller
RICO: The Crime of Being a Criminal Parts I and II, Gerard E. Lynch
RICO: The Crime of Being a Criminal Parts III and IV, Gerard E. Lynch
Public Contracts, Private Contracts, and the Transformation of the Constitutional Order, Thomas W. Merrill
Rent Seeking and the Compensation Principle, Thomas W. Merrill
Immigration Reform and Control of the Undocumented Family, Carol Sanger
Conflict and Cooperation in Long-Term Contracts, Robert E. Scott
Social Theory and Political Practice: Unger's Brazilian Journalism, William H. Simon
Formal and Functional Approaches to Separation-of-Powers Questions – A Foolish Inconsistency?, Peter L. Strauss
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
Economic Perspectives on Trade in Professional Services, Jagdish N. Bhagwati
The Role of Strategic Reasoning in Constitutional Interpretation: In Defense of the Pathological Perspective Comments, Vincent A. Blasi
Shareholders Versus Managers: The Strain in the Corporate Web, John C. Coffee Jr.
Understanding the Plaintiff's Attorney: The Implications of Economic Theory for Private Enforcement of Law Through Class and Derivative Actions, John C. Coffee Jr.
Rethinking the Theory of Legal Rights, Jules S. Coleman and Jody S. Kraus
Banning the Bomb: Law and Its Limits, Lori Fisler Damrosch
The Iran-United States Claims Tribunal 1981-1983, Lori Fisler Damrosch
Curtiss-Wright Comes Home: Executive Power and National Security Secrecy, Harold Edgar and Benno C. Schmidt Jr.
Child Sexual Abuse, Jeffrey A. Fagan
Lawmaking as an Expression of Self, George P. Fletcher
Fishing and Selling, Victor P. Goldberg
Takeover Defense Tactics: A Comment on Two Models, Jeffrey N. Gordon and Lewis A. Kornhauser
Introduction to the Edwin S. Cohen Tax Symposium: An Overview of Business Taxation, Michael J. Graetz
Distinguishing Justifications from Excuses, Kent Greenawalt
Natural Law and Political Choice: The General Justification Defense – Criteria for Political Action and the Duty to Obey the Law, Kent Greenawalt
Religiously Based Premises and Laws Restrictive of Liberty, Kent Greenawalt
The Concept of Religion in State Constitutions, Kent Greenawalt
The Limits of Rationality and the Place of Religious Conviction: Protecting Animals and the Environment, Kent Greenawalt
The Lawyer as Informer, Gerard E. Lynch
Economics of Public Use, Thomas W. Merrill
Time, Property Rights, and the Common Law, Thomas W. Merrill
Comment on Professor Van Alstyne's Paper, Henry P. Monaghan
State Law Wrongs, State Law Remedies, and the Fourteenth Amendment, Henry Paul Monaghan
Dworkin: A New Link in the Chain, Joseph Raz
Sterilization of Mentally Retarded Persons: Reproductive Rights and Family Privacy, Elizabeth S. Scott
A Relational Theory of Secured Financing, Robert E. Scott
Error and Rationality in Individual Decisionmaking: An Essay on the Relationship Between Cognitive Illusion and the Management of Choice, Robert E. Scott
Through Bankruptcy with the Creditors' Bargain Heuristic, Robert E. Scott
Judicial Clerkships and Elite Professional Culture, William H. Simon
Rights and Redistribution in the Welfare System, William H. Simon
The Role of the President and OMB in Informal Rulemaking, Peter L. Strauss and Cass R. Sunstein
Publications from 1985
Federal Tort Claims at the Agency Level: The FTCA Administrative Process, George A. Bermann
The Pathological Perspective and the First Amendment, Vincent A. Blasi
Distrust of Democracy, Richard Briffault
The Unfaithful Champion: The Plaintiff as Monitor in Shareholder Litigation, John C. Coffee Jr.
A Transaction Theory of Crime?, George P. Fletcher
Paradoxes in Legal Thought, George P. Fletcher
The Right and the Reasonable, George P. Fletcher