Publications from 1986
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
Authors' Rights in France: The Moral Right of the Creator of a Commissioned Work to Compel the Commissioning Party to Complete the Work, André Françon and Jane C. Ginsburg
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
Reforms and Innovations Regarding Authors' and Performers' Rights in France: Commentary on the Law of July 3, 1985, Jane C. Ginsburg
The Limits of Expanded Choice: An Analysis of the Interactions between Express and Implied Contract Terms, Charles J. Goetz and Robert E. Scott
Price Adjustment in Long-Term Contracts, Victor P. Goldberg
Television and the Quest for Gold: The Unofficial Paper of the 1984 Olympics, Victor P. Goldberg
Efficient Markets, Costly Information, and Securities Research, Jeffrey N. Gordon and Lewis A. Kornhauser
Retroactivity Revisited, Michael J. Graetz
Religious Convictions and Lawmaking, Kent Greenawalt
The Natural Duty to Obey the Law, Kent Greenawalt
The Development of the Law of Seditious Libel and the Control of the Press, Philip A. Hamburger
Equalities Real and Ideal: Affirmative Action in Indian Law Review, Lance Liebman
Property Rules, Liability Rules, and Adverse Possession, Thomas W. Merrill
The Common Law Powers of Federal Courts, Thomas W. Merrill
Trespass, Nuisance, and the Costs of Determining Property Rights, Thomas W. Merrill
Constitutional Fact Review, Henry Paul Monaghan
Taking Bureaucracy Seriously, Henry Paul Monaghan
From Sovereignty to Process: The Jurisprudence of Federalism after Garcia, Andrzej Rapaczynski
Babbitt v. Brandeis: The Decline of the Professional Ideal, William H. Simon
Legal Informality and Redistributive Politics, William H. Simon
The Invention and Reinvention of Welfare Rights, William H. Simon
The Metamorphosis of Legal Education Symposium on Legal Education, Peter L. Strauss
Publications from 1984
The Press and the Public Interest: An Essay on the Relationship Between Social Behavior and the Language of First Amendment Theory, Lee C. Bollinger
The Federal Election Campaign Act and the 1980 Election, Richard Briffault
Litigation and Corporate Governance: An Essay on Steering Between Scylla and Charybdis, John C. Coffee Jr.
Market Failure and the Economic Case for a Mandatory Disclosure System, John C. Coffee Jr.
Regulating the Market for Corporate Control: A Critical Assessment of the Tender Offer's Role in Corporate Governance, John C. Coffee Jr.
Some Unwise Reflections about Discretion, George P. Fletcher
Shelf Registration, Integrated Disclosure, and Underwriter Due Diligence: An Economic Analysis, Merritt B. Fox
The Mechanisms of Market Efficiency, Ronald J. Gilson
Value Creation by Business Lawyers: Legal Skills and Asset Pricing, Ronald J. Gilson
Copyright Law, David Goldberg and Jane C. Ginsburg
An Economic Analysis of the Lost-Volume Retail Seller, Victor P. Goldberg
The Free Rider Problem, Imperfect Pricing, and the Economics of Retailing Services, Victor P. Goldberg
Criminal Coercion and Freedom of Speech, Kent Greenawalt
Promise, Benefit, and Need: Ties that Bind Us to the Law, Kent Greenawalt
Religion as a Concept in Constitutional Law, Kent Greenawalt
The Perplexing Borders of Justification and Excuse, Kent Greenawalt
Constitutional Law as Moral Philosophy, Gerard E. Lynch
Federal Jurisdiction over Preemption Claims: A Post-Franchise Tax Board Analysis, Ronald J. Mann
Third Party Standing, Henry Paul Monaghan
Antitrust Standing, Antitrust Injury, and the Per Se Standard, Daniel C. Richman
Rethinking Joint Custody, Elizabeth S. Scott and Andre Derdeyn
Visions of Practice in Legal Thought, William H. Simon
Albert J. Rosenthal in Grateful Appreciation, Michael I. Sovern
The Place of Agencies in Government: Separation of Powers and the Fourth Branch, Peter L. Strauss
Publications from 1983
The Generalized Theory of Transfers and Welfare: Bilateral Transfers in a Multilateral World, Jagdish N. Bhagwati, Richard A. Brecher, and Tatsuo Hatta
Free Speech and Intellectual Values, Lee C. Bollinger
The Sedition of Free Speech, Lee C. Bollinger
Rescuing the Private Attorney General: Why the Model of the Lawyer as Bounty Hunter is Not Working, John C. Coffee Jr.
The Metastasis of Mail Fraud: The Continuing Story of the Evolution of a White-Collar Crime, John C. Coffee Jr.
The Watchdog of Neutrality, George P. Fletcher
The Mitigation Principle: Toward a General Theory of Contractual Obligation, Charles J. Goetz and Robert E. Scott
The 1982 Minimum Tax Amendments as a First Step in the Transition to a "Flat-Rate" Tax, Michael J. Graetz
To Praise the Estate Tax, Not to Bury It, Michael J. Graetz
How Empty Is the Idea of Equality, Kent Greenawalt
Punishment, Kent Greenawalt
Violence – Legal Justification and Moral Appraisal, Kent Greenawalt
Commercial Arbitration in the Eighteenth Century: Searching for the Transformation of American Law, Eben Moglen
Marbury and the Administrative State, Henry Paul Monaghan
Sharing Parenthood After Divorce, Carol Sanger
Legality, Bureaucracy, and Class in the Welfare System, William H. Simon
Teaching Administrative Law: The Wonder of the Unknown, Peter L. Strauss
Was There a Baby in the Bathwater? A Comment on the Supreme Court's Legislative Veto Decision, Peter L. Strauss
Publications from 1982
Directly Unproductive, Profit-seeking (DUP) Activities, Jagdish N. Bhagwati
Revenue Seeking: A Generalization of the Theory of Tariffs – A Correction, Jagdish N. Bhagwati and T.N. Srinivasan
The Skokie Legacy: Reflections on an "Easy Case" and Free Speech Theory, Lee C. Bollinger
Application of Customary International Law by U.S. Domestic Tribunals, Lori Fisler Damrosch
The Case for Treason, George P. Fletcher
Seeking Competitive Bids Versus Pure Passivity in Tender Offer Defense, Ronald J. Gilson