Publications from 1990
Justice Harlan's Conservatism and Altenative Possibilities, Kent Greenawalt
O'er the Land of the Free: Flag Burning as Speech, Kent Greenawalt
Religious Convictions and Political Choice: Some Further Thoughts, Kent Greenawalt
The Perceived Authority of Law in Judging Constitutional Cases, Kent Greenawalt
The Strategic Structure of Offer and Acceptance: Game Theory and the Law of Contract Formation, Avery W. Katz
Desegregating Politics: "All-Out" School Desegregation Explained, James S. Liebman
Implementing Brown in the Nineties: Political Reconstruction, Liberal Recollection, and Litigatively Enforced Legislative Reform, James S. Liebman
More than "Slightly Retro:" The Rehnquist Court's Rout of Habeas Corpus Jurisdiction in Teague v. Lane, James S. Liebman
A Conceptual, Practical, and Political Guide to RICO Reform, Gerard E. Lynch
How Useful is Civil RICO in the Enforcement of Criminal Law?, Gerard E. Lynch
Federal Jurisdiction, Ronald J. Mann
Introduction: The Role of Interest Groups in the Appointment Process, Thomas W. Merrill
Wealth and Property, Thomas W. Merrill
Sunstein's New Canons: Choosing the Fictions of Statutory Interpretation Exchange, Eben Moglen and Richard J. Pierce Jr.
Harmless Error and the Valid Rule Requirement, Henry Paul Monaghan
Rational Decisionmaking about Marriage and Divorce, Elizabeth S. Scott
A Relational Theory of Default Rules for Commercial Contracts, Robert E. Scott
The Case for Market Damages: Revisiting the Lost Profits Puzzle, Robert E. Scott
The Rule of Law and the Two Realms of Welfare Administration, William H. Simon
When the Judge is Not the Primary Official with Responsibility to Read: Agency Interpretation and the Problem of Legislative History, Peter L. Strauss
Resolving the Remedial Dilemma: Strategies of Judicial Intervention in Prisons, Susan P. Sturm
Panel III: Congressional Control of the Administration of Government: Hearings, Investigators, Oversight, and Legislative History, Stephen Williams, Griffin Bell, L. Gordon Crovitz, Peter L. Strauss, and Michael Davidson
Women in the AIDS Epidemic: A Portrait of Unmet Needs, Arlene Zarembka and Katherine M. Franke
Publications from 1989
The Single European Act: A Constitution for the Community?, George A. Bermann
Manufacturing Matters: The Myth of the Postindustrial Economy, Jagdish N. Bhagwati
Methods of Constitutional Argument, Philip C. Bobbitt
Is Law Politics?, Philip Chase Bobbitt
Harry Kalven, the Proust of the First Amendment, Lee C. Bollinger
The Future and the First Amendment, Lee C. Bollinger
The Mandatory/Enabling Balance in Corporate Law: An Essay on the Judicial Role, John C. Coffee Jr.
Unstable Coalitions: Corporate Governance as a Multi-Player Game, John C. Coffee Jr.
Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics, Kimberlé W. Crenshaw
Covert Operations, Lori Fisler Damrosch
Current Developments Concerning the Settlement of Disputes Involving States by Arbitration and the World Court – Remarks by Lori Fisler Damrosch, Lori Fisler Damrosch
Politics Across Borders: Nonintervention and Nonforcible Influence over Domestic Affairs, Lori Fisler Damrosch
Cessation of Family Violence: Deterrence and Dissuasion, Jeffrey Fagan
The Meaning of Morality, George P. Fletcher
Delaware's Intermediate Standard for Defensive Tactics: Is There Substance to Proportionality Review?, Ronald J. Gilson and Reinier Kraakman
Coming of Age in a Corporate Law Firm: The Economics of Associate Career Patterns, Ronald J. Gilson and Robert H. Mnookin
French Copyright Law: A Comparative Overview, Jane C. Ginsburg
Corruption, Legal Education and Change in West Africa: A Broader View of Human Rights, Suzanne B. Goldberg
The Mandatory Structure of Corporate Law, Jeffrey N. Gordon
Retirement Security and Tax Policies: A Reply, Michael J. Graetz
Free Speech Justifications, Kent Greenawalt
Reflections on Holding and Dictum, Kent Greenawalt
The Constitution's Accommodation of Social Change, Philip A. Hamburger
The Development of the Nineteenth-Century Consensus Theory of Contract, Philip A. Hamburger
On the Nature of Bankruptcy: An Essay of Bankruptcy Sharing and the Creditor's Bargain, Thomas H. Jackson and Robert E. Scott
Independent Agencies – Independent from Whom?, Sally Katzen, Edward Markey, James Miller, Joseph Grundfest, R. Gaull Silberman, and Peter L. Strauss
Evaluating Child Care Legislation: Program Structures and Political Consequences, Lance Liebman
Some Comments on Professor Neuborne's Paper, Henry Paul Monaghan
Administrative Law Symposium: Question & Answer with Professors Elliott, Strauss, and Sunstein, Dick Pierce, Donald Elliott, Peter L. Strauss, and Cass Sunstein
Facing Up: A Reply, Joseph Raz
Seasoned to the Use, Carol Sanger
Rethinking the Regulation of Coercive Creditor Remedies, Robert E. Scott
Sharing the Risks of Bankruptcy: Timbers, Ahlers, and Beyond, Robert E. Scott
Considering Political Alternatives to "Hard Look" Review, Peter L. Strauss
Legislative Theory and the Rule of Law: Some Comments on Rubin, Peter L. Strauss
A House Divided Against Itself: A Comment on "Mastery, Slavery, and Emancipation", Kendall Thomas
Publications from 1988
The Hague Evidence Convention in the Supreme Court: A Critique of the Aérospatiale Decision, George A. Bermann
An Astonishing Political Innovation: The Origins of Judicial Review, Barbara Aronstein Black
The First Amendment and the Ideal of Civic Courage: The Brandeis Opinion in Whitney v. California, Vincent A. Blasi
Lessons of the Iran-contra Affair: Are They Being Taught?, Philip C. Bobbitt
The Committee on the Constitutional System Proposals: Coherence and Dominance, Philip Chase Bobbitt
Hush: The Criminal Status of Confidential Information after McNally and Carpenter and the Enduring Problem of Overcriminalization, John C. Coffee Jr.
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
Introduction, Barbara Aronstein Black
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