Publications from 1984
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
The Case Against Shark Repellent Amendments: Structural Limitations on the Enabling Concept, Ronald J. Gilson
Sabotaging and Reconstructing History: A Comment on the Scope of Copyright Protection in Works of History after Hoehling v. Universal City Studios, Jane C. Ginsburg
Resale Price Maintenance and the FTC: The Magnavox Investigation, Victor P. Goldberg
Overbreadth, Henry Paul Monaghan
The International Legal Status of Foreign Government Deposits in Overseas Branches of U.S. Banks, Robert B. Owen and Lori Fisler Damrosch
Promises in Morality and Law, Joseph Raz
Publications from 1981
Toward a Theory of Prior Restraint: The Central Linkage, Vincent A. Blasi
A Reply to Professor Ball, Philip Chase Bobbitt
Foreign Ownership and the Theory of Trade and Welfare, Richard A. Brecher and Jagdish N. Bhagwati
From Tort to Crime: Some Reflections on the Criminalization of Fiduciary Breaches and the Problematic Line between Law and Ethics, John C. Coffee Jr.
"No Soul to Damn: No Body to Kick": An Unscandalized Inquiry into the Problem of Corporate Punishment, John C. Coffee Jr.
"Twisting Slowly in the Wind": A Search for Constitutional Limits on Coercion of the Criminal Defendant, John C. Coffee Jr.
The Survival of the Derivative Suit: An Evaluation and a Proposal for Legislative Reform, John C. Coffee Jr. and Donald E. Schwartz
Punishment and Compensation, George P. Fletcher
Reflections on Felony-Murder, George P. Fletcher
Two Modes of Legal Thought, George P. Fletcher
A Structural Approach to Corporations: The Case Against Defensive Tactics in Tender Offers, Ronald J. Gilson
Principles of Relational Contracts, Charles J. Goetz and Robert E. Scott
Monrad Paulsen and the Idea of a University Law School, Michael J. Graetz and Charles H. Whitebread II
Conflicts of Law and Morality – Institutions of Amelioration, Kent Greenawalt
Silence as a Moral and Constitutional Right, Kent Greenawalt
Our Perfect Constitution, Henry Paul Monaghan
Authority and Consent, Joseph Raz
In Fond Appreciation, Michael I. Sovern
Monrad G. Paulsen, Michael I. Sovern
Regulatory Reform in a Time of Transition, Peter L. Strauss
Publications from 1980
Trade in Place of Migration, Jagdish N. Bhagwati
Revenue Seeking: A Generalization of the Theory of Tariffs, Jagdish N. Bhagwati and T.N. Srinivasan
Constitutional Fate, Philip Chase Bobbitt
Corporate Crime and Punishment: A Non-Chicago View of the Economics of Criminal Sanctions, John C. Coffee Jr.
Making the Punishment Fit the Corporation: The Problem of Finding an Optimal Corporation Criminal Sanction, John C. Coffee Jr.
Rebuttal: The Individual or The Firm? Focusing The Threat of Criminal Liability, John C. Coffee Jr.
Retaliation or Arbitration – Or Both: The 1978 United States-France Aviation Dispute, Lori Fisler Damrosch
Manifest Criminality, Criminal Intent, and the Metamorphosis of Lloyd Weinreb, George P. Fletcher
Democracy and Distrust: A Theory of Judicial Review, Gerard E. Lynch
Judicial Review and the National Political Process: A Functional Reconsideration of the Role of the Supreme Court, Henry Paul Monaghan
The Burger Court and "Our Federalism", Henry Paul Monaghan
Homo Psychologicus: Notes on a New Legal Formalism, William H. Simon
Disqualifications of Decisional Officials in Rulemaking, Peter L. Strauss
Publications from 1979
The "Stationarity" of Shadow Prices of Factors in Project Evaluation, with and without Distortions, Jagdish N. Bhagwati and Henry Wan Jr.
Bakke as Precedent: Does Mr. Justice Powell Have a Theory, Vincent A. Blasi
Should Intolerable Prison Conditions Generate a Justification or an Excuse for Escape?, George P. Fletcher
The Right to Life, George P. Fletcher
Enforcing Promises: An Examination of the Basis of Contract, Charles J. Goetz and Robert E. Scott
Measuring Sellers' Damages: The Lost-Profits Puzzle, Charles J. Goetz and Robert E. Scott
The Law and Economics of Vertical Restrictions: A Relational Perspective, Victor P. Goldberg
Implementing a Progressive Consumption Tax, Michael J. Graetz
The Unresolved Problems of Reverse Discrimination, Kent Greenawalt
Professor Jones and the Constitution, Henry Paul Monaghan
Taking Supreme Court Opinions Seriously, Henry Paul Monaghan
Publications from 1978
The Repressed Issues of Sentencing: Accountability, Predictability, and Equality in the Era of the Sentencing Commission, John C. Coffee Jr.
The Enduring Significance of Neutral Principles, Kent Greenawalt
Guiding Capital Sentencing Discretion beyond the "Boiler Plate": Mental Disorder as a Mitigating Factor, James S. Liebman and Michael J. Shepard
The Constitution Goes to Harvard, Henry Paul Monaghan
The Ideology of Advocacy: Procedural Justice and Professional Ethics, William H. Simon
To Herbert Wechsler with Grateful Appreciation, Michael I. Sovern
Shadow Prices for Project Selection in the Presence of Distortions: Effective Rates of Protection and Domestic Resource Costs, T.N. Srinivasan and Jagdish N. Bhagwati
Publications from 1977
The Scope of Judicial Review in French Administrative Law, George A. Bermann
Integrating Governmental and Officer Tort Liability, George A. Bermann
The Homer of the Pacific: Melville's Art and the Ambiguities of Judging Evil, Lee C. Bollinger
Section 1983 and Federalism, Richard Briffault
Beyond the Shut-Eyed Sentry: Toward a Theoretical View of Corporate Misconduct and an Effective Legal Response, John C. Coffee Jr.