Publications from 1987
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
Massachusetts and the Judges: Judicial Independence in Perspective, Barbara Aronstein Black
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
Aspects of Puritan Jurisprudence; Comment on Berman, Revolution and Law: II The Puritan Revolution and English Law, Barbara Aronstein Black
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