Faculty Publications
Following is a list of recent publications for all law school faculty. To
view a biographical entry for any individual faculty member, click on his/her
name.
Peter Berkowitz
“Varieties of Conservatism in America,” Hoover Institution Press, 2004 (editor).
“Liberalism, Morals, and the Supreme Law of the Land,” in POLICY REVIEW (forthcoming)
“Politicizing Reason,” a review of Reason: Why Liberals will win the Battle for America, by Robert Reich, in POLICY REVIEW, Oct. and Nov. 2004
“Tabloid Scholarship,” a review of Leo Strauss and the Politics of American Empire, by Anne Norton, in THE NEW YORK POST, Oct. 3, 2004
“Bush v. Gore Comes Back,” in THE NEW YORK SUN, Sept. 23, 2004, p. 9
“Liberalism and Power,” in Beyond Power and Paradise, ed. Tod Lindberg (New York: Routledge, 2004)
“Real Republicans,” in THE NEW YORK SUN, Sept. 2, 2004, p. 16
“Lubavitchers and Liberals,” a review of Jan Feldman, Lubavitchers as Citizens: A Paradox of Liberal Democracy, in POLICY REVIEW, August and September 2004
“Two Out of Three Ain’t Bad” in THE WEEKLY STANDARD, July 19, 2004
“Destructive Decision,” in THE NEW YORK SUN, July 12, 2004, p. 9
“Political Paradoxes,” in THE NEW YORK SUN, June 29, 2004, p. 10
“Demography and Security in Israel,” June 5, 2004 [This originally appeared in the June 14 issue of The Weekly Standard under a title that inadvertently encouraged opinions about the issue at variance with the tone and argument of the article.]
“The Shadow of Fascist Philosophy on Today’s Conservative Politics,” a letter to the editor, in THE CHRONICLE OF HIGHER EDUCATION, May 14, 2004, in response to Alan Wolfe, “A Fascist Philosopher Helps us Understand Contemporary Politics,” in THE CHRONICLE OF HIGHER EDUCATION, April 2, 2004
“The Lawfulness of the Election Decision: A Reply to Professor Tribe,” in 49 VILLANOVA LAW REVIEW 259 (2004)
“The Case for the War in Iraq,” in the STANFORD DAILY NEWS, April 16, 2004, and syndicated by Knight-Ridder as a Hoover Institution Weekly Essay
“Israel’s House Divided,” in THE WEEKLY STANDARD, April 12/April 19, 2004
“Fukuyama in Tel Aviv,” in THE WEEKLY STANDARD, March 19, 2004, online only
“What to do about Same-Sex Matrimony,” in the JERUSALEM POST, March 16, 2004
“An Oasis: Kuwait Women make Progress,” in NATIONAL REVIEW ONLINE, March 3, 2004
“Good Fences make Good Neighbors,” in THE WEEKLY STANDARD, March 1, 2004
“Reclash of Civilizations,” in THE BOSTON GLOBE, Feb. 15, 2004
“The Liberal Arts in Kuwait,” in THE WEEKLY STANDARD, Jan. 28, online only
“The Israeli Summit: Talking National Security in Herzliya,” in NATIONAL REVIEW ONLINE, Dec. 19, 2003
A Guide to US Liberalism, in THE JERUSALEM POST, Dec. 9, 2003
“Bush and the Liberal Tradition,” in THE JERUSALEM POST: Upfront, Nov. 14, 2003, p. 15
“Liberalism and School Choice,” in The Future of School Choice, ed. Paul Peterson (Hoover Institution Press, 2003), pp. 107-131
“Point of View: Rules and Grievances,” in THE CHRONICLE OF HIGHER EDUCATION, October 10, 2003, p. B16
Contribution to, “Has the Supreme Court Gone Too Far?: A Symposium” in COMMENTARY, October 2003, pp. 29-31
“Unradical Son,” in THE BOSTON GLOBE, August 10, 2003, p. H1
“The Liberal Spirit in America,” in POLICY REVIEW, August and September 2003, pp. 29-47
“Democracy in Kuwait,” online at THE WEEKLY STANDARD, July 11, 2003
“The Demagoguery of Democratic Theory,” in CRITICAL REVIEW, vol. 15, nos. 1-2, Winter-Spring 2003
“Dubious Diversity,” in THE WEEKLY STANDARD, July 7 and July 14, 2003, pp. 14-16
“What hath Strauss Wrought,” in THE WEEKLY STANDARD, June 2, 2003
“Hypocrisy at the U.N.,” in THE WEEKLY STANDARD, March 24, 2003, pp. 17-18
“This is Berlin: When a Famed Thinker Took to the Airwaves,” a review of Freedom and its Betrayal: Six Enemies of Human Liberty, by Isaiah Berlin, in THE FORWARD, Dec. 20, 2002
“The Academic Liberal,” in THE WEEKLY STANDARD, Dec. 16, 2002
“Reasonable Doubts,” a review of Evil in Modern Thought: An Alternative History of Modern Philosophy, by Susan Neiman, and Truth and Truthfulness: An Essay in Genealogy, by Bernard Williams, in THE WASHINGTON POST, Dec. 15, 2002, p. BW04
“Hamilton, Madison, and Jay in Jerusalem,” in THE WEEKLY STANDARD, Dec. 2, 2002
“Byron at Ground Zero,” a review of Romantics at War: Glory and Guilt in the Age of Terrorism, by George P. Fletcher, in THE NEW REPUBLIC, November 4, 2002, pp. 31- 37
“The Pathos of the Kass Report,” a review of Human Cloning and Human Dignity: An Ethical Inquiry, a report by the President's Council on Bioethics, in POLICY REVIEW, October & November 2002, pp. 71-78
“Beyond Good and Evil,” a review of Nietzsche: A Philosophical Biography, by Rüdiger Safranski, trans. Shelley Frisch, and Zarathustra's Secret: The Interior Life of Friedrich Nietzsche, by Joachim Köhler, trans. Ronald Taylor, in THE WASHINGTON POST, p. BW15, Aug. 18, 2002
“The Complexities of Cloning” in THE JERUSALEM POST, August 2, 2002
“Returning to Reason Reasonably,” a review of Return to Reason, by Stephen Toulmin, in FIRST THINGS, August 1, 2002, p. 61
“Liberals versus Religion,” in THE WEEKLY STANDARD, July 15, 2002, pp. 13-16
“Wilentz's Fabricated Scalia,” in NATIONAL REVIEW ONLINE, July 11, 2002
“Fish Story,” in THE NEW REPUBLIC ONLINE, June 28, 2002
“After Autonomy,” a review of Liberal Pluralism: The Implications of Value Pluralism for Political Theory and Practice, by William Galston, in THE WEEKLY STANDARD June 17, 2002, pp. 35-39
“In Praise of Balance,” a review of The Ship of State, by Norma Thompson, in THE NEW REPUBLIC, May 20, 2002, pp. 41-45
“Liberal Education,” a review of Charters, Vouchers, and Public Education, ed. Paul E. Peterson and David E. Campbell, Revolution at the Margins: The Impact of Competition on Urban School Systems, by Frederick M. Hess, Rhetoric versus Reality: What we Know and What we Need to Know about Vouchers and Charter Schools, by Brian p. Gill, P Michael Timpane, Karen E. Ross, Dominic J. Brewer, Schools, Vouchers, and the American Public, by Terry M. Moe, in THE WEEKLY STANDARD, May 20, 2002, pp. 35-39
“Senator Schumer Performs an Unexpected Service,” in NATIONAL REVIEW ONLINE, May 17, 2002
“John Rawls and the Liberal Faith,” in the WILSON QUARTERLY, Spring 2002, pp. 60-69
“The Senate Judiciary Committee's Opportunity,” in NATIONAL REVIEW ONLINE, April 22, 2002
“Kafka in Massachusetts,” in THE WEEKLY STANDARD, April 1, 2002, pp. 15-16
“Jane Addams's Values,” a review of Jane Addams and the Dream of American Democracy, by Jean Bethke Elshtain, and The Jane Addams Reader, ed. Jean Bethke Elshtain, in THE WEEKLY STANDARD, March 25, 2002, pp. 36-38
“Tribe v. Truth,” in THE WEEKLY STANDARD, Feb. 4, 2002, pp. 29-33
Contribution to “Scoring the SOTU,” a symposium in NATIONAL REVIEW ONLINE, Jan.30, 2002
“Giving Sophistry a Bad Name,” in THE WEEKLY STANDARD, Dec. 31, 2001/ Jan. 7, 2002, pp. 18-19
“The Continuing Controversy over Bush v. Gore, “ in NATIONAL REVIEW ONLINE, Dec. 12, 2001
“The Professors and Bush v. Gore ,” in THE WILSON QUARTERLY, Autumn 2001, pp. 76-89
“Money and Love,” a review of Economic Sentiments, by Emma Rothschild, in THE NEW REPUBLIC, Oct. 1, 2001, pp. 41-45
“Contribution to ‘A Call to Arms,’” a symposium in NATIONAL REVIEW ONLINE, Sept.21, 2001
“Put to the Test,” in NATIONAL REVIEW ONLINE, Sept. 18, 2001
“Down to the Wire,” a review of Deadlock: The Inside Story of America's Closest Election, by the Political Staff of The Washington Post, Bush v. Gore: The Court Cases and Commentary, ed. E.J. Dionne Jr. & William Kristol, 36 Days: The Complete Chronicle of the 2000 Presidential Election Crisis, by Correspondents of The New York Times, and The Perfect Tie: The True Story of the 2000 Presidential Election, by James W. Ceaser and Andrew E. Busch, in the TIMES LITERARY SUPPLEMENT, July 27, 2001, p. 27
“Reckless Disregard, II,” a review of The Betrayal of America: How the Supreme Court Undermined the Constitution and Chose our President, by Vincent Bugliosi, in NATIONAL REVIEW ONLINE, July 20, 2001
“Reckless Disregard,” a review of Supreme Injustice: How the High Court Hijacked Election 2000, by Alan Dershowitz, in NATIONAL REVIEW ONLINE, July 13, 2001
“Questioning America,” a review of Moral Freedom, by Alan Wolfe, in THE WEEKLY STANDARD, June 25, 2001, pp. 34-37
“Virtue and Poverty,” Fighting Poverty with Virtue, by Joel Schwartz, in THE PUBLIC INTEREST, Summer 2001, pp. 116-120
“Complex, my Dear Holmes,” a review of Law without Values, by Albert W. Alschuler, in the TIMES LITERARY SUPPLEMENT, May 25, 2001, p. 14
“Puppy Love,” in THE NEW REPUBLIC ONLINE, March 8, 2001
“Ethicism,” a review of Conflict of Interest in American Public Life, by Andrew Stark, in THE NEW REPUBLIC, March 5, 2001, pp. 40-44
“Freedom and the Vulnerabilities of Virtue,” in 45 AMERICAN JOURNAL OF JURISPRUDENCE 51 ( 2000), pp. 55-63
“Sweet and Lowdown,” in THE NEW REPUBLIC ONLINE, Dec. 4, 2000
“Nutty Professors,” in THE NEW REPUBLIC, Nov. 27, 2000, pp. 1-12
“And Lofty Flowed the Don,” a review of The Cunning of Unreason, by John Dunn, in THE NEW REPUBLIC, Nov. 13, 2000, pp. 42-45
“Wooed by Freedom?” a review of Wing to Wing, Oar to Oar, ed. Amy Kass and Leon Kass, in THE ATLANTIC MONTHLY, Oct. 2000, pp. 128-133
“Sensitivity Isn't Enough,” a review of Virtue, Reason, and Toleration, by Glen Newey, in THE LONDON REVIEW OF BOOKS, Sept. 7, 2000, pp. 17-18
“Easy Virtue,” a review of Sovereign Virtue, by Ronald Dworkin, in NATIONAL REVIEW, August 28, 2000, pp. 43-45
“Liberty at War with Itself?” a review of In the Name of Liberalism: Illiberal Social Policy in the United States and Britain, by Desmond King, in the TIMES LITERARY SUPPLEMENT, August 25, 2000, p. 28
“The Futility of Utility,” a review of Law and Social Norms, by Eric A. Posner, in THE NEW REPUBLIC, June 5, 2000, pp. 38-44
“A Dramatic Struggle Over Self-Definition” a review of The Jewish State: The Struggle for Israel's Soul, by Yoram Hazony, in THE WALL STREET JOURNAL, June 1, 2000, p. A20
“Giving Liberalism Its Due,” Institute of United States Studies, University of London, 2000
“Hobbes and Rousseau in Israel,” a commentary, in The Jewish Political Tradition, vol. 1, ed. Michael Walzer (Yale University Press, 2000), pp. 497-500
“The Principle Problem,” a review of The Trouble with Principle, by Stanley Fish, in THE WEEKLY STANDARD, March 20, 2000, pp. 27-31
“Liberalism's Discontents,” a review of The Betrayal of Liberalism: How the Disciples of Freedom and Equality Helped Foster the Illiberal Politics of Coercion and Control, ed. Hilton Kramer and Roger Kimball, in THE WEEKLY STANDARD, Feb. 21, 2000, pp. 33-35
“Other People's Mothers,” a review of A Darwinian Left: Politics, Evolution, and Cooperation, by Peter Singer, and Practical Ethics, 2nd edition, by Peter Singer, in THE NEW REPUBLIC, Jan. 10, 2000, pp. 27-37
“Response and Restatement,” in Symposium: Virtue and the Making of Modern Liberalism, in the YALE JOURNAL OF ETHICS, Dec. 1999, pp. 5-15
“Feminism vs. Multiculturalism? The Liberal Project at Odds with Itself,” a review of Is Multiculturalism bad for Women?, by Susan Moller Okin and respondents, ed. Joshua Cohen, Matthew Howard, and Martha C. Nussbaum, in THE WEEKLY STANDARD, Nov. 1, 1999, pp. 40-43
“Reduction and Betrayal,” a review of The Problematics of Moral and Legal Theory, by Richard A. Posner, in THE NEW REPUBLIC, August 23, 1999, pp. 38-45
“A Measure of Compassion,” in THE NEW REPUBLIC, August 16, 1999, pp. 26-27
“The Pearl Diver,” a review of The Attack of the Blob: Hannah Arendt's Concept of the Social, by Hanna Fenichel Pitkin, in THE NEW REPUBLIC, June 14, 1999, pp. 44-52
“Fair Harvard,” in the HARVARD CRIMSON, May 26, 1999, p. 8
“The Good Fight,” in THE NEW REPUBLIC, May 10, 1999, pp. 20-21
“Looking for Love in all the Wrong Places,” a review of Monica's Story, by Andrew Morton in THE JERUSALEM REPORT, April 26, 1999, pp. 48-49
“Beyond Victimhood,” a review of A Dream Deferred: The Second Betrayal of Black Freedom in America, by Shelby Steele, in COMMENTARY, Feb. 1999, pp. 66-67
David E. Bernstein
Rethinking the Supreme Court and Race, 114 Yale L.J. 593 (2004) (review essay of Michael Klarman, From Jim Crow to Civil Rights) (co-authored with Ilya Somin)
Bolling, Equal Protection, Due Process, and Lochnerphobia, 83 Geo. L.J. __ (2005)
Hodges v. United States: Comment on Karlan, 82 B.U. L. Rev. __ (2005) (symposium)
You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws (Cato Institute Oct. 2003; paperback Oct. 2004)
The New Wigmore: Expert Evidence (Aspen Law & Business 2004) (with David Kaye and Jennifer Mnookin)
Expressive Association After Dale, 21 Social Philosophy and Policy 195 (2004), also published in Ellen Frankel Paul, Fred D. Miller, Jr. & Jeffrey Paul, eds., Freedom of Speech (Cambridge U. Press 2004)
The Daubert Trilogy in the States, Jurimetrics (Spring 2004)
The Story of Lochner v. New York: Barrier to the Regulatory State, in Constitutional Law Stories (Michael Dorf, ed. 2004)
Lochner's Feminist Legacy, 101 Mich. L. Rev. 2140 (2003) (Review essay, Julie Novkov, Constituting Workers, Protecting Women: Gender, Law and Labor in the Progressive Era and New Deal Years)
Lochner's Legacy's Legacy, 92 Tex L. Rev. 1 (2003)
Lochner Era Revisionism, Revised: Lochner and the Origins of Fundamental Rights Constitutionalism, 82 Geo. L.J. 1 (2003)
Defending Civil Liberties from Antidiscrimination Laws, 82 N.C. L. Rev. 100 (2003)
Keeping Junk Science Out of Asbestos Litigation, 31 Pepp. L. Rev. 11 (2003) (symposium)
Improving the Qualifications of Experts in Medical Malpractice Cases, 1 Law, Probability & Risk 9 (2002) (peer-reviewed, Oxford U. Press)
Only One Place of Redress: African-Americans, Labor Regulations and the Court from Reconstruction to the New Deal. (Duke University Press 2001)
Frye, Frye, Again: The Past, Present, and Future of the General Acceptance Test, 41 Jurimetrics 385 (2001) (peer-reviewed) (winner of the Loevinger Prize for the best contribution to the field of Law, Science, and Technology in Volume 41 of Jurimetrics)
The Right of Expressive Association and Private Universities' Racial Preferences and Speech Codes, 9 Wm. & Mary Bill Rts. L.J. 619 (2001) (symposium)
Anti-Discrimination Laws and the First Amendment, 66 Mo. L. Rev. 83 (2001) (symposium)
Railroad Unions, Racism, and Labor Regulations, 5 Independent Rev. 237 (2000) (peer-reviewed)
Lochner vs. Plessy: The Berea College Case 25 J. Sup. Ct. Hist. 93 (2000) (peer-reviewed)
Sex Discrimination Laws vs. Civil Liberties, 1999 U. Chi. Leg. Forum 133 (symposium)
Lochner, Parity, and the Chinese Laundry Cases, 41 Wm. & Mary L. Rev. 211 (1999) (symposium)
The Breast Implant Fiasco, 87 Calif. L. Rev. 457 (1999)
Assessing the Social and Legal Consequences of Scientific Ambiguity, in Cutting Green Tape: Tort Law, Bureaucracy, and the Environment (Meiners & Stroup eds.) (Independent Institute 1999) (with Kenneth Foster and Peter Huber)
Two Asian Laundry Cases, 24 J. Sup. Ct. Hist. 95 (1999) (peer-reviewed)
Francis H. Buckley
Just Exchange: A Theory of Contract, Routledge (2005).
"The Market for Laughter," in The Law and Economics of Irrational Behavior (Vernon Smith & Francesco Parisi, ed.) (forthcoming University of Chicago Press, 2004)
The Morality of Laughter, University of Michigan Press (2003).
"His Secret Life," 22 New Criterion (October 2003).
"Machine Law," 6 The Green Bag 359 (2003).
"Nationalism," Encyclopedia of Public Choice (2003).
"The Debtor as Victim," 87 Cornell L. Rev. 1078 (2002).
“Liberal Nationalism,” 48 UCLA L. Rev. 221 (2000).
“Calling a Truce in the Marriage Wars,” 2001 U. Ill. L. Rev. 561 (with Larry Ribstein)
Cowriter, “The Uneasy Case for the Flat Tax,” 11 Constitutional Political Economy 295 (2000) (with Eric Rasmusen)
“Culture and Liberty,” 19 Quinnipiac Law Rev. 665 (2000) .
Editor, The Fall and Rise of Freedom of Contract, Durham, N.C. (Duke University Press, 1999).
Cowriter, “Is the Ugly Duckling a Fairy Tale? The Law and Economics of Child Abuse,” 1 Journal of Law and Family Relations 1 (1999).
“Marriage and Homosexuals,” in It Takes Two: The Family in Law and Finance, Douglas W. Allen & John Richards, eds., Toronto: C.D. Howe (1999).
James E. Byrne
“Comparison of ISP98 and UCP500” (Institute of International Banking Law and Practice, 2000).
“The Myth of Prime Bank Investment Scams” (Institute of International Banking, 2000).
“Annual Surveys of Letter of Credit Law & Practice,” editor 1994-Present (Institute of International Banking, 2000).
Preface to Droit et Practique de la Lettre De Credit Standby, Jean-Laurent Anglade (2000).
“Surveys of Annual Letters of Credit Cases”, cowritten with James G. Barnes, The Business Lawyer, 1993-Present.
Standby LC Rules and Laws, editor (Institute of International Banking Law, 1999).
“The Myth of Prime Bank Financial Instruments,” 1999 Enforcement Law Reporter, 178.
“International Standby Practices” (ISP98), reporter. (As of June 1, 2000, translated into Bulgarian, Chinese (Taiwan), French, Greek, Hebrew, Italian, Korean, Portugese, Russian, Spanish, and Turkish.)
“The Original Documents Controversy” (1999).
“The Official Commentary on the International Standby Practices” (ISP98) (1999).
“International Standby Practices (ISP98): New Rules for Standby Letters of Credit,” 32 U.C.C.L.J. 149 (1999).
“ISP98: New Rules for Standby Letters of Credit,” TMA Journal 66 (September/October 1999).
Terrence R. Chorvat
“Taxing International Corporate Income Efficiently,” 53 Tax L. Rev. 225 (2000).
“Ending the Taxation of Foreign Business Income,” 42 Arizona Law Review (forthcoming 2000).
Randall B. Clark
The Law Most Beautiful and Best, Rowman & Littlefield—Lexington Books (2003).
"Speed, Safety, and Dignity: Pediatric Pharmaceutical Development in an Age of Optimism ," 9 University of Chicago Law School Roundtable 1 (2002)
"Platonic Love in a Colorado Courtroom: Martha Nussbaum, John Finnis and Plato's Laws in Evans v. Romer ," 12 Yale Journal of Law and the Humanities 1 (2000). Reprinted in Richard O. Brooks, ed., Plato and Modern Law (Ashgate 2007).
Lloyd Cohen
“The Israeli Lust For Peace,” ___ Israel Affairs ___ (October 2005) (forthcoming).
“Lifesharers.Com: An "Opting-In" Paradigm Already in Operation,” with Steve P. Calandrillo and David J. Undis, 4:4 The American Journal of Bioethics 17 (Fall 2004).
“Transplant Organs,” The Encyclopedia of Law and Society (2005) (forthcoming).
“__________, in Rethinking Commodification: Cases and Readings in Law and & Culture,” Martha Ertman and Joan Williams ed. (NYU Press 2004) (forthcoming).
“Germline Engineering: Whose Right?,” p. 270 in The Elgar Companion To The Economics of Property Rights, Enrico Colombatto ed.(Arthur Elgar 2004).
“Straw Men, Fibs, and Other Academic Sins,” 67:1 Albany L. Rev. 285 (2003).
“Insider Trading: Searching for Similes,” 11 Annual Review of Law And Ethics 361 (2003).
“Invidious Racial Discrimination in Admissions At Thomas Jefferson High School for Science and Technology: Monty Python and Franz Kafka Meet A Probit Regression,” 66:2 Albany L. Rev. 447(2003).
“The Lure Of The Lottery,” 36:3 Wake Forest L. Rev. 705 (2001).
“Ethical Protocols for Collecting DNA Samples? The Virtue of Traditional Economic/Legal Categories,” 10 Annual Review of Law And Ethics 57 (2002).
“Marriage: The Long-Term Contract,” p. 10 in The Law and Economics of Marriage & Divorce, Anthony W.Dnes & Robert Rowthorn ed. (Cambridge University Press 2002).
“Fixing The Race: Re-Engineering The Human Germline,” 9 Annual Review of Law And Ethics 201 (2001).
“Multi-Jurisdiction Regulation of Germline Intervention: A Policy With Neither Virtue Nor Prospect of Success, p. 142 in Engineering The Human Germline: An Exploration Of The Science And Ethics Of Altering The Genes We Pass To Our Children,” Gregory Stock & John Campbell ed. (Oxford University Press 2000).
“The Human Genome Project and the Economics of Insurance: How Increased Knowledge May Decrease Human Welfare, and What Not To Do About It,” 7 Annual Review of Law And Ethics 219 (1999).
John L. Costello
Virginia Remedies, 2d ed., The Michie Company/Lexis Law Publishing
(1999).
Ross E. Davies
“The Reluctant Recusants: Two Parables of Supreme Judicial
Disqualification,”
10 Green Bag 2d ___ (2006)
The Green Bag Almanac & Reader 2006 (Green Bag Press 2005)
“The Other Supreme Court,” 32 J. Sup. Ct. Hist. ___ (2006)
“William Cushing, Chief Justice of the United States,” 37 U. Tol. L. Rev. 597 (2006)
“A Certain Mongrel Court: Congress's Past Power and Present Potential to Reinforce the Supreme Court,” 90 Minn. L. Rev. 678 (2006)
Review of Bruce Ackerman's “The Failure of the Founding Fathers” (Harvard University Press 2005), Wilson Quarterly (Autumn 2005)
“Strike Season: Protecting Labor-Management Warfare in the Age of Terror,” 93 Georgetown L.J. 1783 (2005), reprinted in Proceedings of New York University, 55th Annual Conference on Labor: Workplace Discrimination, Privacy, and Security After 9/11 (Estreicher & Bodie eds.) (Kluwer Law Int'l Press) (forthcoming)
In Chambers Opinions by the Justices of the Supreme Court of the United States, Volume IV, Part 2 (Green Bag Press 2005), with Cynthia Rapp
In Chambers Opinions by the Justices of the Supreme Court of the United States, Volume IV, Part 1 (Green Bag Press 2004), with Cynthia Rapp
“Remedial Nonacquiescence,” 89 Iowa L. Rev. 65 (2003)
“Learning from Laptops,” Legal Times, Sept. 9, 2002, at 29
“The Most Important Article of All Time,” 5 Green Bag 2d 351 (2002)
“A Founding Father Who Deserves Some Renewed Appreciation: A Review of James Monroe’s Political Writings,” FindLaw's Writ: Legal Commentary (July 26, 2002)
“An Acceptable President In Spite Of Himself: A Review of Garry Wills’s James Madison,” FindLaw's Writ: Legal Commentary (Apr. 26, 2002)
“American Legal Revolutions and How They Happen: A Review of James Ely’s Railroads & American Law,” FindLaw's Writ: Legal Commentary (Jan. 25, 2002)
“Brown, Smith, and the Importance of Civil Rights “Doorkeepers”: A Review of Thurgood Marshall’s Collected Writings,” FindLaw's Writ: Legal Commentary (Oct. 12, 2001)
“Faithless Electors of 1912,” 4 Green Bag 2d 179 (2001); Faithless Electors of 1912: Appendix (2001)
Steven J. Eagle
Regulatory Takings, Third Ed. (New York: Lexis Publishing) (2005).
“Wireless Telecommunications, Infrastructure Security, and the NIMBY Problem,” 54 Cath. U. L. Rev.445-496 (2005).
“A Resurgent 'Public Use' Clause is Consistent with Fairness,” Probate & Property, 18-19 (March/April 2005)
“The Public Use Requirement and Doctrinal Renewal,” 34 Envtl. L. Rep. 10999-11004 (2004).
“Environmental Amenities, Private Property and Public Policy,” 44 Nat. Resources J. 425-444 (2004).
“The 'Character of the Governmental Action' Test: A Possible New Career,” 27:6 Zoning and Planning Law Report 1 (June 2004).
“Planning Moratoria and Regulatory Takings: The Supreme Court’s Fairness Mandate Benefits Landowners,” 31 Fla. St. U. L. Rev. 429-507 (2004).
Regulatory Takings, Second Ed. (New York: Lexis Publishing 2000) (with 2001 and 2002 supplements).
“Tahoe-Sierra and Its Implications for Takings Law,” in Taking Sides on Takings Issues: The Impact of Tahoe-Sierra, 15-29 (Thomas E. Roberts, ed., American Bar Association) (2003).
“Protecting Property from Unjust Deprivations beyond Takings: Substantive Due Process, Equal Protection, and State Legislation,” in Taking Sides on Takings Issues: Public and Private Perspectives, 511-554 (Thomas E. Roberts, ed., American Bar Association 2002).
“Devolutionary Proposals and Contractarian Principles,” in The Fall and Rise of Freedom of Contract 184-191 (F. H. Buckley, ed., Duke University Press 1999).
Entries on “Property” (657-660) and “Takings” (782-783) in The Oxford Companion to American Law (Kermit L. Hall, ed., Oxford University Press 2002).
Regulatory Takings, Public Use, and Just Compensation After Brown, 33 Envtl. L. Rep. 10807-10814 (October 2003).
“Some Permanent Problems with the Supreme Court’s Temporary Regulatory Takings Jurisprudence,” 25 Haw. L.Rev. 325-352 (2003).
“The Development of Property Rights in America and the Property Rights Movement,” 1 Geo. J. L. & Pub. Pol. 77-129 (2002).
“The Regulatory Takings Notice Rule,” 24 Haw. L.Rev. 533-587 (2002). Reprinted in 2003 Zoning and Planning Law Handbook 181-249 (2003).
“The Supreme Court’s Evolving Takings Jurisprudence: A First Look at Tahoe-Sierra,” 16:6 Property & Probate, 5-10 (November/December 2002).
“Palazzolo v. Rhode Island: A Few Clear Answers and Many New Questions,” 32 Envtl. L. Rep. 10127-10136 (2002).
“Development Moratoria, First English Principles, and Regulatory Takings,” 31 Envtl. L. Rep. 11232-11237 (2001).
“Just Compensation for Permanent Takings of Temporal Interests,” 10 Fed. Cir. B.J. 485-511 (2001).
“Temporary Regulatory Takings and Development Moratoria: The Murky View From Lake Tahoe,” 31 Envtl. L. Rep. 10224-10227 (2001).
“The Birth of the Property Rights Movement,” Cato Institute, Washington, D.C., Policy Analysis No. 404 (2001).
“The Rise and Rise of ‘Investment-Backed Expectations,’” 32 Urb. Law. 437-446 (2000).
“Substantive Due Process and Regulatory Takings: A Reappraisal,” 51 Ala. L. Rev. 977-1045 (2000). Reprinted in 33 Land Use & Env’t. L. Rev. 171-239 (2002).
“Del Monte Dunes, Good Faith, and Land Use Regulation, 30 Envtl. L. Rep. 10100-10110 (2000).
“Privatizing Urban Land Use Regulation: The Problem of Consent,” 7 Geo. Mason L. Rev. 905-921 (1999).
Douglas Ginsburg
Introduction to R.H. Bork, “Legislative Intent and the Policy of the Sherman Act.” 2 Competition Pol'y Int'l 225 (2006).
“Article I, Section 1, Legislative Vesting Clause,” in The Heritage Guide to the Constitution (Edwin Meese III, ed.) (2005).
“Comparing Antitrust Enforcement in the United States and Europe,” 1 J. Comp. Law & Econ.427 (2005).
“Determinants of Private Antitrust Enforcement in the United States,” Vol. 1, No. 2 Comp. Pol. Int'l 29 (2005) (with L. Brannon).
“Book Review: 'Competition Rules for the 21st Century: Principles from America's Experience,' by Ky P. Ewing,” 103 Mich. L. Rev. (2004).
“On Constitutionalism,” Cato Supreme Court Review 7 (2003).
“The Court En Banc: 1991-2002,” 70 Geo. Wash. L. Rev. 259 (2002) (with B. Boynton).
“International Antitrust: 2000 and Beyond,” 68 Antitrust L.J. 571 (2000).
“Multinational Merger Review: Lessons From Our Federalism,” 68 Antitrust L.J. 219 (2000) (with S. Angstreich).
Book review, Money for Nothing: Politicians, Rent Extraction, and Political Extortion, by Fred S. McChesney, 97 Mich L. Rev. 6 (1999).
Allison Hayward
Encyclopedia of the First Amendment, contributor, CQ Press (forthcoming 2007).
"The Per Curiam Opinion of Steel: Buckley v. Valeo as Superprecedent?
Clues from Wisconsin and Vermont," Cato Supreme Court Review 195 (2005-06).
Arizona’s Clean Elections Experiment, Goldwater Institute Reports (2006).
"Rethinking Campaign Finance Prohibitions," 6 Engage 62 (2005).
"Don’t Shoot the Messenger: The FEC, 527 Groups, and the Scope of Administrative Authority," 4 Election Law Journal 82 (2005) (with Bradley A. Smith).
"Drafting Buckley v. Valeo: The Court, Liberty, and Politics," Federalist Society White Paper (2003).
"The War on Terrorism and the Commander in Chief Clause: Delegation of the President's Command Authority (with Daniel Kelly and Michael Williams)," Federalist Society National Security White Papers (2002).
"Teach Yourself E-Politics Today: Using the Internet to Participate in Politics and Interact with Your Government" (Sams Publishing, 2000).
"When is an Advertisement about Issues an Issues Ad?," 49 Catholic University Law Review 63 (1999).
"Registration and Reporting Under the Lobbying Disclosure Act " (in Political Activity, Lobbying Laws and Gift Rule Guide, Glasser Legal Works, 1999).
Harry G. Hutchison, IV
“Vilifying Kindergartners? Channeling Dred Scott? Freedom of Expression Rights in Public Schools,” 56 Catholic University Law Review (forthcoming, Spring 2007).
“Review Essay: Compulsory Unionism as a Fraternal Conceit?,” 6 University of California at Davis, Business Law Journal (forthcoming, Fall 2006).
“A Clearing in the Forest: Infusing The Labor Union Dues Dispute with First Amendment Values,” 14 William & Mary, Bill of Rights Journal 1309 (2006).
“Director Primacy, Corporate Governance: Shareholder Voting Rights Captured by the Accountability/Authority Paradigm,” 36 Loyola Chicago Law Journal 1111 (2005).
“Diversity, Tolerance, and Human Rights: The Future of Labor Unions and the Union Dues Dispute,” 49 Wayne Law Review 705 (2004).
“Liberal Hegemony? School Vouchers and The Future of the Race,” 68 Missouri Law Review 559 (2003).
“Toward A Robust Conception of Independent Judgment: Back to the Future?” University of San Francisco Law Review (Winter 2002).
“Presumptive business Judgment, Substantive Good Faith, Litigation Control: The Socioeconomic Meaning of Harhen v. Brown,” 26 Journal of Corporation Law, University of Iowa 286 (Winter, 2001).
“The Collision of Employment At-Will, Section 1981 and Gonzalez: Discharge, Consent and Contract Sufficiency,” 3 University of Pennsylvania Journal of Labor and Employment Law (Winter 2001).
“Review Essay: The Semiotics of Labor Law, Trade Unions and Work in East Asia: International “Labor Standards” in the Mirror of Culture?” 14 Emory International Law Review 1451 (Fall 2000).
“Reclaiming the Labor Movement Through Union Dues? A Postmodern Perspective in the Mirror of Public Choice Theory.” 33 University of Michigan Journal of Law Reform 447 (Summer 2000).
“Evolution, Consistency and Community: The Political, Social and Economic Assumptions that Govern the Incorporation of Terms in British Employment Contracts,” 25 North Carolina Journal of International Law & Commercial Regulation 335 (Winter 2000).
“Subordinate or Independent, Status or Contract, Clarity or Circularity: British Employment Law, American Implications,” 28 Georgia Journal of International & Comparative Law 55 (Fall 1999).
D. Bruce Johnsen
Book review of Titles, Conflict and Land Use: The Development
of Property Rights and Land Reform on the Brazilian Frontier,
by Lee J. Alston, Gary D. Libecap, and Bernardo Mueller, Economic
History Services (July 2000).URL: http://www.eh.net/BookReview/reviews/0260.html
“The Private Placement of Debt and Outside Equity as Information
Revelation Mechanisms,” review of Financial Studies, cowriter
(forthcoming).
“The Welfare Effects of Soft Dollar Brokerage: Law and Economics”,
cowriter (monograph forthcoming from the Association for Investment
Management and Research).
“Daubert, The Scientific Method, and Economic Expert Testimony,”
9 Kansas Journal of Law and Journal of Law and Public Policy,
149-164 (1999).
“The Financing and Redeployment of Specific Assets,” cowriter,
54 Journal of Finance 693 (1999).
Book review of Aboriginal Slavery on the Northwest Coast of
North America, by Leland H. Donald, 58 Journal of Economic History
1160 (December 1998).
“The Economics and Ethics of Soft Dollar Brokerage,” 104 Business
& Society Review 21 (1999).
Bruce H. Kobayashi
“Not Ready for Prime Time? A Survey of the Economic Literature on Bundling,” Journal of Competition Law & Economics, Vol. 1 (forthcoming 2005).
“Two Tales of Bundling: Implications for the Applications of Antitrust Law to Bundled Discounts,” AEI/Brookings Joint Center Monograph, (forthcoming 2005).
“The Economics of Loyalty Discounts and Antitrust Law in the United States,” Competition Policy International, Vol. 1 (Autumn 2005), pp. 115-148.
“Private Versus Social Incentives in Cybersecurity, Law, and Economics,” in The Law & Economics of Cybersecurity, M. Grady and F. Parisi, eds., Cambridge University Press (forthcoming 2005).
“An Economic Analysis of the Private and Social Costs of the Provision of Cybersecurity and other Pubic Security Goods,” Supreme Court Economic Review, Vol. 14 (forthcoming 2005).
“Class Action Lawyers as Lawmakers,” (with L. Ribstein), Arizona Law Review, Vol. 46 (Winter 2004), pp. 733-780.
“Multijurisdictional Regulation of the Internet,” (with L. Ribstein) in Who Rules the Net? Internet Governance and Jurisdiction, A. Thierer and C. W. Crews Jr., eds. Cato Institute (2003), pp. 159-215.
"Privacy and Firms,” (with L. Ribstein), Denver University Law Review, Vol. 79 (Summer 2002), p. 526.
“State Regulation of Electronic Commerce,” (with L. Ribstein) Emory Law Journal, Vol. 51 (Winter 2002), pp. 1-82.
“Agency, Amnesty, & Antitrust: An Economic Analysis of the Criminal Enforcement of the Antitrust Laws Against Corporations,” George Washington Law Review, Vol. 69 (October/December 2001), pp. 715-744.
“Choice of Form and Network Externalities,” (with L. Ribstein) William & Mary Law Review, Vol. 43 (2001), pp. 79-140.
“A Recipe for Cookies: State Regulation of Consumer Marketing Information,” (with L. Ribstein), American Enterprise Institute Federalism Project Roundtable Paper Series (2001).
“When an Original is Better than a Copy: Intellectual Property,” the Antitrust Refusal to Deal, and ISO Antitrust Litigation, (with M. Burtis) Supreme Court Economic Review, Vol. 9 (2001), pp. 143-170.
“Evidence Production in Adversarial vs. Inquisitorial Regimes,” cowriter, 70 Economics Letters 267 (2001).
“Intellectual Property and Antitrust Limitations on Contract,” cowriter, Competition in Dynamic Economies, J. Ellig., ed., Cambridge (Cambridge University Press, 2001).
“Civil Procedure,” cowriter, The Encyclopedia of Law and Economics, Edward Elgar and the University of Ghent, Boudewijn Bouckaert, and Gerrit De Geest, eds. (2000).
“Evidence,” cowriter, The Encyclopedia of Law and Economics, Edward Elgar and the University of Ghent, Boudewijn Bouckaert, and Gerrit De Geest, eds. (2000).
“Uniformity, Choice of Law, and Software Sales,” cowriter, 8 Geo. Mason L. Rev. 261 (1999).
“Contract and Jurisdictional Competition,” cowriter, The Fall and Rise of the Freedom of Contract, F. H. Buckley, ed. (Duke University Press, 1999).
Michael I. Krauss
“Public Services Meet Private Law,” forthcoming, San Diego L. Rev. 2006-7.
“Palsgraf: The Rest of the Story,” 9 The Green Bag 2d 299 (2006).
“Reflections on the Perpetual Myth of the University as Seeker of Truth,” 11 Cardozo Women's L. J. 581 (2006)
Legal Ethics in a Nutshell, 2nd Edition (co-authored with Ron Rotunda), West Publications, 2006.
International Encyclopedia of the Social Sciences, 2nd Edition. Macmillan Reference USA (Thomson Gale), 2006. “Rule of Law.”
“Can Tort Reform and Federalism Coexist?” Cato Policy Analysis No. 514 (April 14, 2004). (co-authored with Robert A. Levy).
“Punitive Damages and the Supreme Court: A Tragedy in Five Acts,” 4:2 Engage 118 (2003).
Legal Ethics in a Nutshell, West Publications, 2003 (co-authored with Ron Rotunda).
“The Role of the Supreme Court in Preserving Federalism,” 1 Georgetown J. of L. & Pub. Policy 43 (2002) [Inaugural Issue]
“Federalism and Product Liability: One More Trip to the Choice-of-Law Well”, [2002] Brigham Young University Law Review 759.
“Regulation Masquerading as Judgment: Chaos Masquerading as Tort Law”, 71 Mississippi Law Journal 619 (2002).
“The Lawyer as Limo: A Brief History of the Hired Gun,” 8 U. Chi. L. School Roundtable 1 (2001).
Tort Reform, CATO Institute Handbook for 107th Congress (2000).
“NAFTA Meets the American Torts Crisis: The Loewen Case,” 9 George Mason Law Review 69 (2000).
“Corrupting the Rule of Law,” 13 (2) Academic Questions 38 (June 2000).
Fire and Smoke: Government Lawsuits and the Rule of Law, Independent Institute (June 2000).
“Restoring the Boundary: Tort Law and the Right to Contract,” CATO Institute, Policy Analysis 347 (June 1999).
“So Sue Them, Sue Them,” Weekly Standard (May 24, 1999).
“Tort Law, Moral Accountability and Efficiency,” 2 Journal of Markets and Morality 114 (1999).
“Tort Reform,” chapter in the CATO Institute’s Handbook for 106th Congress (1999).
“Property Rules and Liability Rules,” International Encyclopedia of Law and Economics (1999).
Craig Lerner
“Reasonable Suspicion and Mere Hunches,” 59 Vanderbilt Law Review __ (2006) (forthcoming)
“Calling a Truce in the Culture Wars: From Enron to the CIA,” 17 Stanford Law and Policy Review __ (2005) (forthcoming)
“Saving the Constitution: Lincoln, Secession, and the Price of Union, Review of Daniel Farber, Lincoln’s Constitution,” 102 Michigan Law Review 1263 (2004).
“Legislators as the ‘American Criminal Class’: Why Congress (Sometimes) Protects the Rights of Defendants,” 2004 University of Illinois Law Review 599 (2004).
“‘Accommodations’ for the Learning Disabled: A Level Playing Field or Affirmative Action for Elites?” 57 Vanderbilt Law Review 1043 (2004).
“The USA Patriot Act: Promoting the Cooperation of Foreign Intelligence Gathering and Law Enforcement,” 11 George Mason Law Review 493 (2003).
“The Reasonableness of Probable Cause,” 81 Texas Law Review 951 (2003).
“Lessons from the Zacarias Moussaoui Investigation: Recasting Probable Cause,” 30 Search and Seizure Law Report No. 8 (2003) (adapted from The Reasonableness of Probable Cause).
“Impeachment, Attainder, and a True Constitutional Crisis: Lessons from the Strafford Trial,” 69 University of Chicago Law Review 2057 (2002).
“Conspirators’ Privilege and Innocents’ Refuge: A New Approach to Joint Defense Agreements,” 77 Notre Dame Law Review 1449 (2002).
Nelson Lund
“Putting the Second Amendment to Sleep,” 8 Green Bag 2d 101 (Autumn 2004).
“Lawrence v. Texas and Judicial Hubris,” (with John O. McGinnis), Michigan Law Review (forthcoming).
“The Rehnquist Court's Pragmatic Approach to Civil Rights,” Northwestern University Law Review (forthcoming).
“Rousseau and Direct Democracy (with a Note on the Supreme Court's Term Limits Decision),” Journal of Contemporary Legal Issues (forthcoming).
“Carnival of Mirrors: Professor Tribe's ‘Unbearable Wrongness,'” 19 Constitutional Commentary 609 (2002).
“‘EQUAL PROTECTION, MY ASS!'?: Bush v. Gore and Laurence Tribe's Hall of Mirrors,” 19 Constitutional Commentary 543 (2002).
“The Conservative Case Against Racial Profiling in the War on Terrorism,” 66 Albany L. Rev. 329 (2003).
“Racial Profiling and the War on Terrorism,” 4 Engage: The Journal of the Federalist Society's Practice Groups No. 2, at 14 (October, 2003).
“The Future of Racial Profiling in the War on Terrorism,” 2 The CIP Report, No. 2, Aug. 2003, at 7.
“Politicians in Robes: The Supreme Court's Smoke Filled Room,” Virginia Viewpoint, Virginia Institute for Public Policy (August, 2003).
“Roe v. Wade & Bush v. Gore: Making Judicial Activism ‘Mainstream',” National Review Online, May 19, 2003.
“Executive Power and Governmental Attorney-Client Privilege: The Clinton Legacy,” (with Douglas R. Cox) 17 Journal of Law & Politics 631 (2001).
Review, "The Supreme Court on Trial," 4 Engage: The Journal of the Federalist Society's Practice Groups No. 1, at 154 (May, 2003)
“Will Supreme Court Rule Correctly on Second Amendment?: Ninth Circuit Denies Individual Right to Bear Arms,” Human Events, January 6, 2003, at 18.
“The Unbearable Rightness of Bush v. Gore,” 23 Cardozo Law Review 1219 (2002).
“The Replacements,” Wall Street Journal, October 12, 2002, at A12.
Review, “Capital Punishment in America,” 149 Public Interest 122 (Fall 2002).
“Applying Law to the Political Process,” 3 Engage: The Journal of the Federalist Society’s Practice Groups 24-26 (August 2002).
“A Primer on the Constitutional Right to Keep and Bear Arms,” Policy Paper, Virginia Institute for Public Policy (2002).
“Why Ashcroft is Wrong on Assisted Suicide,” Commentary (February 2002).
“The Unbearable Rightness of Bush v. Gore,” in The Longest Night: Polemics and Perspectives on Election 2000, Arthur J. Jacobson & Michel Rosenfeld, eds., University of California Press (2002).
“Why Ray Made the Deal: The Self-Pardon Card,” National Review Online, January 20, 2001.
“An Act of Courage,” The Weekly Standard, December 25, 2000 {reprinted in Bush v. Gore: The Court Cases and the Commentary, E.J. Dionne Jr. & William Kristol, eds., Brookings Institution Press (2001)}.
“Travesty in Tallahassee,” The Weekly Standard (December 18, 2000).
“Supreme Court’s Not the Last Word,” New York Post (December 4, 2000).
“Courts Don’t Own the Law,” New York Post (November 20, 2000).
Review, “Outsider Views on Guns and the Constitution,” 17 Constitutional Commentary (2000).
“Illusions of Antidiscrimination Law,” in Abigail Thernstrom & Stephan Thernstrom, eds., Beyond the Color Line: New Perspectives on Race and Ethnicity in America (Hoover Institution Press, 2002)
“Taking the Second Amendment Seriously,” The Weekly Standard (July 24, 2000).
“The Ends of Second Amendment Jurisprudence: Firearms Disabilities and Domestic Violence Restraining Orders,” 4 Texas Review of Law & Politics 157 (1999).
Joyce Lee Malcolm
Stepchild of the
Revolution: A Slave Child in Revolutionary America, Yale University Press,
forthcoming.
Null and Void: The Origins of American Judicial Review, in progress.
Guns and Violence: The English Experience, Harvard University
Press, May, 2002.
"Mad Dogs and
Englishmen," Wall Street Journal, June 17, 2006; European edition, June 19, 2006.
The UN's Global
Campaign to Disarm Civilians: Wisdom or Folly?" Breakthroughs, Massachusetts
Institute of Technology, Spring, 2005, pp. 22-30.
"Firearms (non-military)," essay for Encyclopedia of the New American Nation,
Scribers, in press.
"Where I come
from, our homes are still our castles," British Sunday Telegraph, October 231,
2004.
"The Case for
Self Protection," The American Legion Magazine, October 2004, 40-44.
"Moral
Strangers: Royalist Loyalty, Charles II and the Scots Invasion of 1651,"
will be included in book of essays, forthcoming, Cambridge University Press.
"A Rescue Effort to Save Diplomatic and Military History," Historically
Speaking, July/August, 2004, pp. 40-41.
"Self-Defense: An Endangered Right," cover essay, Cato Policy Report, Cato
Institute, vol. XXVI, no. 2, March-April, 2004.
H. Jefferson Powell, A Community Built on Words: The Constitution in History
and Politics, book review, American Historical Review, April, 2004, pp.
517-518.
"Gun Control in England:
The Tarnished Gold Standard," Firearms and Public Policy, vol. 16, Fall 2004,
pp. 123-134.
"Terror in Renaissance Europe: A Sampler," Massachusetts Center
for Renaissance Studies Journal, Spring 2004.
"Infringement:
The Second Amendment," in John T. Rourke, ed., You Decide: Current Debates in
American Politics (New York,
2003) and reprinted in 2nd edition, 3rd edition forthcoming.
"Lessons of History: Firearms Regulation and the Reduction of Crime," Texas
Review of Law and Politics, vol. 8, no. 1, Fall, 2003, pp. 175-187.
"Gun Laws and Policies: A Dialogue," Focus on Law Studies, American Bar
Association, vol. XVIII, no. 2 (Spring, 2003).
"Disarming History: How Arming America Was
Exposed as a Fraud," Reason Magazine, March,
2003, pp. 22-29.
"Gun Control in Great Britain:
A Failed Policy," BBC News Online feature essay, January 14-15, 2003.
"Infringement:
The Second Amendment," Common_Place, vol. 2, no. 4, July 2002. This was a
special issue with roundtables on controversial aspects of the
Constitution. This essay was reprinted in John T. Rourke, ed., You
Decide, Longman's Publishers.
"Targeting a
Myth," cover essay, Focus section, Boston Sunday Globe, May 26, 2002.
"The
Novelty of James Madison's Constitutionalism," in James Madison and the Future
of Limited Government, ed. John Samples, Cato Institute (Washington, D.C.,
2002), pp. 43-57.
Akhil Amar, The Bill of Rights: Creation and Reconstruction, book review,
American Historical Review, vol. 107, no. 1 (February, 2002), pp. 177-178.
Don Kates and Gary Kleck, Armed: New Perspectives on Gun Control, review, Ideas
on Liberty,
December, 2002, 246-247.
Michael Mendle, ed., The Putney Debates of 1647: The Army, the Levellers, and
the English State, book review, Journal of
Interdisciplinary History, January, 2003.
"Arming America: The Origin
of a Gun Culture by Michael Bellesiles," University of Texas
Law Review, vol. 79, no. 6 (May, 2001) pp. 1657-1676.
"The Missing Mob, or Why Charles I Was Not Rescued," North American
Society for Court Studies, Spring, 2000.
Stephen P. Halbrook, Freedmen, the Fourteenth Amendment, and the Right to Bear
Arms, 1866-1876, book review, American Historical Review, June 2000, pp.
931-932.
The Struggle for Sovereignty: Seventeenth-Century English Political Tracts, 2
vols., Liberty Classics, May, 1999. (editor)
"Doing No Wrong: Law, Liberty
and the Constraint of Kings," Journal of British Studies, vol. 38, no. 2
(April, 1999), pp. 161-186."The Vanishing Right of Self-Defence in England," Breakthroughs, MIT
Security Studies Program, vol. VIII, no. 1, Spring, 1999.
Kevin McCabe
“Neuronal Substrates for Choice Under Ambiguity, Risk,
Certainty, Gains, and Losses,” with Kip Smith, John Dickhaut,
and Jose Pardo, Management Science (forthcoming 2002).
“A Cognitive Theory of Reciprocal Exchange,” to appear
in Trust and Reciprocity: Interdisciplinary Conceptual and Empirical
Lessons, Elinor Ostrom, ed., 2002.
“Using the Machiavellian Instrument to Predict Trustworthiness
in a Bargaining Game,” with Anna Gunnthursdottir and Vernon
Smith, Journal of Economic Psychology 23 (2002), pp. 49-66.
“Neuroeconomics,” Encyclopedia of Cognitive Science,
Lynn Nadel, ed., (2002).
“Evolutionary Economics,” with Vernon Smith, Encyclopedia
of Evolution, Kristen Hawkes, ed., (2002).
“Positive Reciprocity and Intentions in Trust Games,”
with Mary Rigdon and Vernon Smith, Journal of Economic Behavior
and Organizations (2002 forthcoming).
“Incremental Commitment and Reciprocity in a Real Time
Public Goods Game,” with Robert Kurzban, Vernon Smith, and
Bart Wilson in Personality and Social Psychology Bulletin 27 (2001),
pp.1662-1673.
“A Functional Imaging Study of Cooperation in Two-Person
Reciprocal Exchange,” with Daniel House, Lee Ryan, Vernon
Smith, and Theodore Trouard, Proceedings of the National Academy
of Sciences 98 (2001), pp. 11832-11835.
“A Cognitive Theory of Reciprocal Exchange,” in Trust and Reciprocity:
Interdisciplinary Conceptual and Empirical Lessons, Elinor Ostrom
ed., (forthcoming 2001).
“Using the Machiavellian Instrument to Predict Trustworthiness
in a Bargaining,” with Anna Gunnthursdottir and Vernon Smith,
Journal of Psychology and Economics (forthcoming 2001).
“Commitment and Reciprocity in a Real Time Public Goods Game,”
with Robert Kurzban, Vernon Smith, and Bart Wilson, Personality
and Social Psychology Bulletin (forthcoming 2001).
“Cooperation in Single Play, Two-Person Extensive Form Games
Between Anonymously Matched Players,” with Mary Rigdon and Vernon
Smith (forthcoming 2001).
“Strategic Analysis by Players in Games: What Information Do
They Use?” with Vernon Smith, in Trust and Reciprocity: Interdisciplinary
Conceptual and Empirical Lessons, Elinor Ostrom ed., (forthcoming
2001).
“What is the Role of Culture in Bounded Rationality,” with
J. Henrich, W. Albers, R. Boyd, G. Gigerenzer, A. Ockenfels, P.E.
Tetlock, and H.P. Young, Gigerenzer, G. & Selten, R., eds.,
in Bounded Rationality: The Adaptive Toolbox. Cambridge, MA (MIT
Press, pp. 343-359 (2001).
“Goodwill Accounting and the Process of Exchange,” with V.
Smith, Gigerenzer, G. & Selten, R., eds., in Bounded Rationality:
The Adaptive Toolbox. Cambridge, MA (MIT Press, pp. 319-340 (2001).
“The Impact of Exchange Context on the Activation of Equity
in Ultimatum Games,” with Elizabeth Hoffman and Vernon Smith,
3(1) Experimental Economics 5-9 (2000).
“Friend-or-Foe Intentionality Priming in an Extensive Form
Trust Game,” with Terry Burnham and Vernon Smith, 43 Journal of
Economic Behavior and Organizations 57-73 (2000).
“An Experimental Study of Information and Mixed-Strategy Play
in the Three-Person Matching-Pennies Game,” with Arijit Mukherji
and David Runkle, 15 Economic Theory 421 (2000).
“Avoiding Competence Substitution Through Knowledge Sharing,”
with Shobha Das and Susan McEviley, (25)2 Academy of Management
Review (2000).
“A Two-Person Trust Game Played by Naive and Sophisticated
Subjects,” with Vernon Smith and Mike LePore, (97)7 Proceedings
of the National Academy of Sciences 3777-3817 (2000).
“Intentionality Detection and “MindReading”: Why Does Game
Form Matter?” with Vernon Smith and Mike LePore, (97)8 Proceedings
of the National Academy of Sciences 4404-4409 (2000).
“Theory-of Mind Mechanism in Personal Exchange,” Georgio Coricelli,
Kevin McCabe, and Vernon Smith, in Affective Minds, G. Hatano,
N. Okada, and H. Tanabe, eds., Elsevier Science B.V., Amsterdam,
pp. 249-259 (2000).
“Social Distance and Other-Regarding Behavior in Dictator Games:
Reply,” with Elizabeth Hoffman and Vernon Smith, 89 American Economic
Review 1, 340-341 (1999).
“Are Decisions Under Risk Malleable?” with Christina Fong,
96 Proceedings of the National Academy of Sciences 10927-10932
(1999).
“Designing Auction Institutions for Exchange,” with Stephen
Rassenti and Vernon Smith, 31 IIE Transactions 803-811 (1999).
“Who Do You Trust?” with Vernon Smith, the Boston Review, December/
January, 1998/1999.
Timothy J. Muris
"Six Guides For a Competition Agency," University of Chicago Law Review (forthcoming)
"Improving the Economic Foundations of Competition Policy," George Mason University Law Review (forthcoming)
"Looking Forward: The Federal Trade Commission and the Future Development of U.S. Competition Policy," 2 Columbia Bus. L. Rev. 359 (2003)
"GTE Sylvania and the Empirical Foundations of Antitrust," 68 Antitrust Law Journal 899 (2001)
"The Rule of Reason After California Dental," 68 Antitrust Law Journal 527 (2000)
"California Dental Association v. Federal Trade Commission: The Revenge of the Footnote 17," 8 Supreme Court Economic Review 265 (2000)
"The FTC and the Law of Monopolization," 67 Antitrust Law Journal 693 (2000)
"Ronald Reagan and The Rise of Large Deficits: What Really Happened in 1981," 4 The Independent Review 365 (2000)
"In Defense of The Old Order," in The Fall and Rise of Freedom of Contract (Duke University Press 1999)
"The Government and Merger Efficiencies: Still Hostile After All These Years," 7 George Mason Law Review 729 (1999)
Michael E. O'Neill
“The Bill of Rights in Congress: Revisiting the Privilege Against Self-Incrimination, Georgetown Law Review (forthcoming 2001).
“Abraham’s Legacy: An Empirical Assessment of (Nearly) First Time Offenders in the Federal System,” Boston College Law Review (forthcoming).
“Stalking the Mark of Cain,” Harvard Journal of Law & Public Policy (forthcoming).
“Old Crimes in New Bottles: Sanctioning Cybercrime,” 9 Geo. Mason L. Rev. (forthcoming 2001).
“On Criminal Law in the Commonwealth,” U. Richmond Law Rev. (2000).
“Undoing Miranda,” 2000 BYU Law Rev. 1 (2000).
“Miranda Remediated,” 3 Green Bag 2nd 149 (2000).
Jeffrey S. Parker
“Procedure” (with Peter Lewisch), in Economic Analysis of Law: A European Perspective (A. Hatzis ed.) (forthcoming Edward Elgar: 2005).
“Decision Making in the Absence of Successful Fact Finding: Theory and Experimental Evidence on Adversarial versus Inquisitorial Systems of Adjudication,” 24 International Rev. of Law & Econ. 89-105 (2004)(with Michael K. Block).
“Guns, Crime, and Academics: Some Reflections on the Gun Control Debate,” 44 J. Law & Econ. 715 (2001).
“The Limits of Federal Criminal Sentencing Policy; or, Confessions of Two Reformed Reformers,” 9 Geo. Mason L. Rev. 1001 (2001)(with Michael K. Block);
“Strafbarkeit der juristischen Person?” [Corporate Criminal Liability?] (Manz: 2001)(with Peter Lewisch)(in German).
“An Experimental Comparison of Adversarial versus Inquisitorial Procedural Regimes,” 2 Am. L. & Econ. Rev. 170 (2000) (with Michael K. Block, Olga Vyborna, and Libor Dusek).
“Did the Corporate Sentencing Guidelines Matter? Some Preliminary Empirical Observations,” 42 J. L. & Econ. 423 (1999) (with Raymond A. Atkins).
“Evidence” (with Bruce H. Kobayashi), in Encyclopedia of Law and Economics (deGeest & Bouckheart, eds. Edward Elgar: 2000).
“Civil Procedure: General” (with Bruce H. Kobayashi), in Encyclopedia of Law and Economics (deGeest & Bouckheart, eds. Edward Elgar: 2000).
Daniel D. Polsby
“Toxic Torts: Problems of Damages and Issues of Liability,”
with David D. Haddock, in Cutting Green Tape: Toxic Pollutants,
Environmental Regulation and the Law (Transaction Publishers,
2000).
“Long-Term Non-Relationship of Widespread and Increasing Firearm
Availability to Homicide,” written with Don B. Kates Jr., 4 Journal
of Homicide Studies 185 (2000).
“Whether Government Should Attempt to Influence Consumer Preferences,”
22 Harvard Journal of Law and Public Policy 197 (1999).
“What If This Is As Good As It Gets?,” review of Principles
for a Free Society, Richard Epstein, 2 The Green Bag 115 (1998).
“Comment on Kamisar’s Physician Assisted Suicide,” 88 Journal
of Criminal Law and Criminology 1166 (1998).
“Packing Heat,” review of More Guns, Less Crime, John R. Lott
Jr., 30 Reason 66 (August/September 1998).
“American Homicide Exceptionalism,” written with Don B. Kates
Jr., 69 Colorado Law Rev. 969, (1998).
“Regulation of Foods and Drugs and Libertarian Ideals: Perspectives
of a Fellow-Traveler,” Social Philosophy and Policy 209 (1998).
Neomi Rao
Background Information on the IBA Guidelines on Conflicts of Interest in International Arbitration, 5 Bus. L. Int’l. 433 (2004) (co-authors, Otto de Witt Wijnen and Nathalie Voser).
Arbitration Meets the Class Action, 6 Int. Arb. L. Rev. 216 (2003).
Ronald D. Rotunda
Symposium, Iraq and its New Constitution 23, 53, 76 (Bilkent University & Foreign Policy Institute, Ankara, 2004).
“Iraq on the Way to Its New Constitution,” 8 The Green Bag, 2D Series 163 (Autumn 2004).
“The Political Question Doctrine in the United States,” in: Grenzen aan de rechtspraak? Political question, acte de gouvernement en rechterlijk interventionisme 1-38, vol. 9, Publikaties Van De Staatsrechtkring, Staatsrechtconferenties (P.P.P. Bouvend'Eert, P.M. van den Eijnden, & C.A.J.M. Kortmann, eds., Kluwer, 2004).
“Iraq, Oil, and Democracy,” CATO Institute, April 23, 2004.
“Election-Year Hunting: Should Scalia Recuse Himself from Cheney-Related Cases?,” National Review Online, March 30, 2004.
“Duck Hunting Benchmarks,” The Washington Times, March 28, 2004, at B4.
“Media Accountability In Light of the First Amendment,” 21 Social Philosophy & Policy 269 (Cambridge University Press, No. 2, 2004).
“SBC Tries Time-Worn Corporate Power Grab,” Chicago Sun-Times, Nov. 22, 2003, at p. 16.
“Pravo na svobody slova v voennoe vremiz v knostitutsii SShA: istoki i evoliutsiia , Pravo i zakonodatel'stvo, 2003,” No. 2, c. 63-65; The Right of Freedom of Speech in Wartime in the Constitution of the USA: Sources And Evolution, Law and Legislation, 2003, No. 2, pp. 63-65.
“Before Changing the Law, Look at SBC's Record and Credibility, Champaign News-Gazette,” April 13, 2003, at B1, B4.
“Judicial Campaigns in the Shadow of Republican Party v. White,” 14 The Professional Lawyer 2 (ABA, No. 1, 2002).
“Yet Another Article on Bush v. Gore,” 64 Ohio State Law Journal 283 (2003).
“SBC's Secessionist Gambit Deserved To Fail,” Chicago Tribune, June 15, 2003, at p. C9.
“A Preliminary Empirical Inquiry into the Connection between Judicial Decision Making and Campaign Contributions to Judicial Candidates,” 14 The Professional Lawyer 16 (ABA, No. 2, 2003).
“Senate Rules to Keep Filibusters,” Chicago Sun-Times, July 4, 2003, at p. 29.
“The Perceived Connection between Judicial Decision Making And Judicial Campaign Contributions: Some Preliminary Data,” The Republican Lawyer (July, 2003), http://www.rnla.org/rotunda.doc.
Book Review: Democracy by Decree, 23 Cato Journal: An Interdisciplinary Journal of Public Policy Analysis 155 (No. 1, Spring-Summer 2003).
“Appearances Can Be Deceiving: Should the Law Worry About Campaign Money Looking Dirty When the Facts Show That the System's Clean?,” The Legal Times, Sept. 15, 2003, at p. 84.
“Found Money: IOLTA, Brown v. Legal Foundation of Washington, and the Taking of Property without the Payment of Compensation,” 2002-2003 Cato Supreme Court Review 245 (2003).
“The Implications of the New Commerce Clause Jurisprudence: An Evolutionary or Revolutionary Court?,” 55 Arkansas Law Review 795 (2003).
“Judicial Elections, Campaign Financing, and Free Speech,” 2 Election Law Journal 79 (No.1, 2003).
Legal Ethics in a Nutshell (West Group, St. Paul, Minnesota, 1st ed. 2003, Nutshell Series) (with Michael I. Krauss).
Modern Constitutional Law: Cases and Notes (West Group, St. Paul, Minnesota, 7th ed. 2003).
Problems and Materials on Professional Responsibility (Foundation Press, New York, N.Y., 8th ed. 2003) (with Morgan).
“The Eleventh Amendment, Garrett, and Protection for Civil Rights,” 53 Alabama Law Review 1183 (2002).
“Monitoring the Conversations of Prisoners,” 13 The Professional Lawyer 1 (ABA, No. 3, 2002).
Professional Responsibility: A Student's Guide (ABA-West Group, St. Paul, Minnesota, 2nd ed. 2002).
“The Commerce Clause, the Political Question Doctrine, and Morrison,” 18 Constitutional Commentary 319 (2001).
“The Role of Ideology in Confirming Federal Court Judges,” 15 Georgetown Journal of Legal Ethics 127 (2001).
“Lawyer Advertising and the Philosophical Origins of the Commercial Speech Doctrine,” 36 University of Richmond Law Review 91 (2002) (Allen Chair Symposium of 2001).
“Judicial Comments on Pending Cases: The Ethical Restrictions and the Sanctions – A Case Study of the Microsoft Litigation,” 2001 University of Illinois Law Review 611 (2001).
“The New States’ Rights, the New Federalism, the New Commerce Clause, and the Proposed New Abdication,” 25 Oklahoma City University Law Review 869 (2000).
“A Few Modest Proposals to Reform the Law Governing Federal Judicial Salaries,” 12 The Professional Lawyer 1 (A.B.A., Fall 2000).
“Should States Sue the Entertainment Industry As They Did Big Tobacco?,” 16 Insight On the News 41, 43 (Oct. 30, 2000) (debate with Charlie Condon, the Attorney General of South Carolina).
The Bar and the Legal Academy, in The Rule of Law in the Wake of Clinton 207-29 (Roger Pilon, ed., Cato Institute 2000).
Constitutional Problems with Enforcing the Biological Weapons Convention, Cato Foreign Policy Briefing (Cato Institute, No. 61, September 28, 2000), http://www.cato.org/pubs/fpbriefs/fpb-061es.html .
“Teaching Legal Ethics a Quarter of a Century After Watergate,” 51 Hastings Law Journal 661 (2000).
“Independent Counsel and the Charges of Leaking: A Brief Case Study,” 68 Fordham Law Review 869 (1999).
“Multidisciplinary Practice: An Idea Whose Time Has Come,” 3 Professional Responsibility, Legal Ethics, and Legal Education News 3 (Federalist Society, No. 2, 1999).
“Moving from Billable Hours to Fixed-Fees: Task-Based Fees and Legal Ethics,” 47 University of Kansas Law Review 819 (1999).
“The Legal Profession and the Public Image of Lawyers,” 23 The Journal of the Legal Profession 51 (1999).
Ferdinand P. Schoettle
Does the Tax Injunction Act Allow a Federal Court to Enjoin the Granting of a State Income Tax Credit, Preview(2004)
Can Iowa Tax Racetrack Slot Machine Revenue at a Different Rate Than Casino Slot Machine Revenue?,Preview (2003)
When Does the Full Faith and Credit Clause Require Nevada Courts to Apply California Immunity Law?, 5 Preview 301 (February 21, 2003)
"What Public Finance Do State Constitutions Allow?," R.D. Bingham, E.W. Hill & S.B. White (eds.), Financing Economic Development in the 21st Century (M.E. Sharpe, Inc. February, 2003)
What Public Finance Measures Do State Constitutions Allow?, State Tax Notes, May 13, 2002
Linda A. Schwartzstein
“Individuals, Choice and Institutions: An Austrian Approach to the Fundamental Relationship Between Government and Property,” The Economics of Legal Relationships, Samuels and Mercuro, eds. (1999).
Ilya Somin
“Controlling the Grasping Hand: Economic Development Takings after Kelo,” 15 Supreme Court Economic Review (forthcoming 2007).
“The Green Costs of Kelo: Economic Development Takings and Environmental Protection,” Washington University Law Review (forthcoming 2006) (with Jonathan H. Adler).
“Gonzales v. Raich: Federalism as a Casualty of the War on Drugs,” Cornell Journal of Law And Public Policy (forthcoming 2006) (symposium on the War on Drugs).
“'Active Liberty' and Judicial Power: What Should Courts do to Promote Democracy?,” Northwestern University Law Review (forthcoming 2006) (review of Stephen E. Breyer, Active Liberty: Interpreting our Democratic Constitution (2005)).
“Peonage Cases,” in Encyclopedia of Race and Racism (forthcoming 2006).
“Political Ignorance,” in Readings in American Government 66 (Steffen W. Schmidt, et al., eds., 5th ed. 2006).
“The Final Prejudice,” Legal Times, Apr. 17, 2006, at 68 (analyzing discrimination against atheists).
“Robin Hood in Reverse: The Case Against Taking Private Property for Economic Development,” Cato Institute Policy Analysis No.535, Feb. 21, 2005.
“Alito's Libertarian Streak,” American Spectator, Nov. 10, 2005.
“Peace Through Federalism,” Al Sabah (Baghdad, Iraq), October 2005 (published in Arabic translation).
“Rehnquist's Federalist Legacy,” FOXNEWS.COM, Sept. 9, 2005.
“Should Courts Limit the Use of Eminent Domain for Private Economic Development?” congressional quarterly Researcher, Mar. 4, 2005, at 213.
“Wise Crowds? When the Many Know More than the Few,” Humane Studies Review, Sept. 2005 (review of James Surowiecki, Wise Crowds: When the Many are Smarter than the Few and How Collective Wisdom Shapes Business, Economics, Societies, and Nations (2004)).
“Federalism vs. States' Rights: The Case for Judicial Review in a Federal System,” 99 Northwestern University Law Review 89 (2004) (with John O. McGinnis).
“Overcoming Poletown: County of Wayne v. Hathcock, Economic Development Takings, and the Future of Public Use,” 2004 Michigan State Law Review 1005 (2004) (symposium on County of Wayne v. Hathcock).
“Pragmatism and Democracy: Rejoinder to Richard Posner,” 16 Critical Review 473 (2004).
“Richard Posner’s Democratic Pragmatism,” 16 Critical Review 1 (2004) (review of Richard A. Posner, Law, Pragmatism, and Democracy (2003)).
“Democracy and Judicial Review Revisited,” 7 Green Bag 2d 287 (2004).
“Political Ignorance and The Countermajoritarian Difficulty: A New Perspective on the 'Central Obsession' of Constitutional Theory,” 89 Iowa Law Review 1287 (2004).
“Judicial Power and Civil Rights Reconsidered,” 114 Yale Law Journal 591 (2004) (review of Michael Klarman, From Jim Crow to Civil Rights (2004)) (with David E. Bernstein).
“When Ignorance Isn't Bliss: How Political Ignorance Threatens Democracy,” Cato Institute Policy Analysis No. 525, Sept. 22, 2004.
“In Politics Ignorance is not Bliss,” Newark Star Ledger, Oct. 10, 2004, at P1.
“Are American Voters Stupid? Maybe Not,” South China Morning Post, Sept. 27, 2004, at A13.
“Political Ignorance is No Bliss,” FOXNEWS.COM, Sept. 22, 2004.
“Poletown Decision did not Create Desired Benefits; New Ruling Protects Weak from Government Abuses,” Detroit News, Aug. 8, 2004, at 13.
“Michigan Should Alter Property Grab Rules,” Detroit News, Jan. 8, 2004, at 11A.
“Voter Knowledge and Constitutional Change: Assessing The New Deal Experience,” 45 William & Mary Law Review 595 (2003).
Review, 23 Cato Journal 475 (2004) (review of Ian Shapiro, The State of Democratic Theory (2003)).
“The Timing Game Justices Play ,” L.A. Times, Jan. 13, 2003, at B11 (with Steven G. Calabresi).
“Closing the Pandora’s Box of Federalism: The Case for Judicial Restriction of Federal Subsidies to State Governments,” 90 Georgetown Law Journal 461 (2002).
“Revitalizing Consent,” 23 Harvard Journal of Law and Public Policy 753 (2000).
“Do Politicians Pander?” 14 Critical Review 147 (2001) (review of Lawrence Jacobs & Robert Shapiro, Politicians Don’t Pander (2000)).
Book Note, Resolving the Democratic Dilemma? 16 Yale Journal on Regulation 401 (1999) (review of Arthur Lupia & Matthew McCubbins, The Democratic Dilemma: Can Citizens Learn What they Need to Know? (1998)).
Gordon Tullock
"Public Goods, Redistribution, and Rent Seeking." The Locke Institute, Edward Elgar Publishing, Ltd., March 2005.
"The Calculus of Consent-Logical Foundations of Constitutional Democracy: The Selected Works of Gordon Tullock, Volume 2," edited and with an Introduction by Charles K. Rowley, Liberty Fund, Inc., Indiana, November 2004. (with James Buchanan)
"The Organization of Inquiry: The Selected Works of Gordon Tullock, Volume 3," Edited and with an Introduction by Charles K. Rowley, Liberty Fund, Inc., Indiana, December 2004.
"Virginia Political Economy: The Selected Works of Gordon Tullock, Volume 1," Edited and with an Introduction by Charles K. Rowley, Liberty Fund, Inc., Indiana, June 2004.
Comments to Andrew C. McCarthy's article, The End of the Right of Self-Defense? Israel, the World Court, and the War on Terror, Commentary, Vol 118. November 2004. No. 4.
Comments to Joseph Henrich’s article, Cultural group selection, coevolutionary processes and large-scale cooperation, Journal of Economic Behavior & Organization, Volume 53, (2004) 117-120.
A curmudgeon’s view of EMU, Changing Institutions in the European Union: A Public Choice Perspective, Edited by Eusepi, Guiseppe and Schneider, Fredrich, Edward Elgar, Cheltenham, UK and Northampton, MA, USA, 2004.
"Second Nature, Economic Origins of Human Evolution (Book Review)," by Haim Ofek. (University Press, Cambridge, 2001, 264 pp). Journal of Bioeconomics, Vol. 6, No. 2, 2004.
"Punitive damages: How juries decide (Book Review)," by Cass R. Sunstein, Reid Hastie, John W. Payne, David A.Schkade and W.Kip Viscusi. In Public Choice 118: 214-218, (2004).
"The Moral Foundations of Politics (Book Review)," by Ian Shapiro. Journal of Economics/Zeitschrift fur ationalokonomie," ("2003).
"The Politics of Terrorism,” Taiwan Journal of Political Economy Vol. 4, No. 1 (December, 2002): 1-13
“Evolution of Self Sacrificing Behavior,” Journal of Bioeconomics Vol. 4, No. 2 (2002)
“The Trouble with Darwin: Charles Darwin’s Theory of Evolution,” Liberty Vol. 16, No. 5 (May 2002).
“Majority?” Proceeding Issues #1, Korean Public Choice Society (May 2002): 9-24
“Undemocratic,” Kyklos Vol. 55, Fasc. 2 (2002)
"Efficient Rent-Seeking: Chronicle of an Intellectual Quagmire". (Boston: Kluwer Academic Publishers, 2001). (Alan Lockard and Gordon Tullock, eds.)
"Government Failure: A Primer in Public Choice." (Westminster, London: The Institute of Economic Affairs, 2000). (with Arthur Seldon and Gordon L. Brady).
“Government: Whose Obedient Servant? A Primer in Public Choice,” The Institute of Economic Affairs, September 15, 2000.
Samson Vermont
The Angel is in the Big Picture: A Reply to Lemley, forthcoming Michigan Law Review (2007).
Little Known Patent Facts and Stats, Part II, 2 The Patent Journal (March 2002).
Litigation Risk Analysis: The Economics of Patent Litigation, Part VIII, 2 Pat. Strat. & Mgmt. (Feb. 2002). Also in 17 NGB Intellectual Property News Reports (in Japanese, June 2003).
Litigation Risk Analysis: The Economics of Patent Litigation, Part VII, 2 Pat. Strat. & Mgmt. (Jan. 2002). Also in 17 NGB I.P.R. (Japanese, April 2003).
"Business Risk Analysis: The Economics of Patent Litigation," chapter 16 in From Ideas to Assets: Investing Wisely in Intellectual Property (Wiley, Dec. 2001).
"A New Way to Determine Obviousness: Applying the Pioneer Doctrine to 35 USC 103(a)," 29 American Intellectual Property Law Assoc. Quarterly Journal 375 (Summer 2001).
Little Known Patent Facts and Stats, Part I, 1 The Patent Journal (Dec. 2001).
Litigation Risk Analysis: The Economics of Patent Litigation, Part VI, 2 Pat. Strat. & Mgmt. (Dec. 2001).
Litigation Risk Analysis: The Economics of Patent Litigation, Part V, 2 Pat. Strat. & Mgmt. (Nov. 2001).
Litigation Risk Analysis: The Economics of Patent Litigation, Part IV, 2 Pat. Strat. & Mgmt. (Oct. 2001).
Litigation Risk Analysis: The Economics of Patent Litigation, Part III, 2 Pat. Strat. & Mgmt. (Sept. 2001).
Litigation Risk Analysis: The Economics of Patent Litigation, Part II, 2 Pat. Strat. & Mgmt. (Aug. 2001).
Litigation Risk Analysis: The Economics of Patent Litigation, Part I, 2 Pat. Strat. & Mgmt. (July 2001).
Patent for Selecting Stocks Based on Patent Quality, 1 Pat. Strat. & Mgmt. (April 2001).
Patent Math, as Experienced Through a Cost-Benefit Analysis of Reacting to Festo, 1 Pat. Strat. & Mgmt. (Jan. 2001).
The Gist and Consequences of Festo, 1 Pat. Strat. & Mgmt. (Dec. 2000).
When Technology-Related "Income" Is Subject to Capital Gains Treatment, 1 Pat. Strat. & Mgmt. (Nov. 2000).
Cornering the Market, Not the Technology, 1 Pat. Strat. & Mgmt. (Nov. 2000).
The Economic Logic Underlying the Patent System, law.com (Oct. 2000).
Trade Secrets Litigation Over Confidential Settlement Need Not Be Sealed, Seventh Circuit Rules, 6 Intellectual Property Strategist (Sept. 2000).
Empirical Evidence of Patent Validity, 1 Pat. Strat. & Mgmt. (June 2000).
Biotech Leaders Express Optimism at Congressional Gene Patent Hearing, law.com (July 2000).
Aharonian Analyzes 24 Years of Patent Data, But Misses Its Larger Message, 1 Pat. Strat. & Mgmt. (July 2000).
Cold Hard Numbers: Trends in Patent Litigation, law.com (July 2000).
Some Findings About Patent Litigation, 1 Pat. Strat. & Mgmt. (July 2000).
Book Review: 'Hidden Value' in IP Economy, law.com (April 2000).
Turning Knowledge Into Gold II: More Hidden Value in the IP Economy, 2 IP Law Weekly (April 2000).
Turning Knowledge Into Gold I: Patent Strategy Goes Mainstream, 1 IP Law Weekly (March 2000).
How Restricting the Doctrine of Equivalents Conflicts With the Notice Function of Claims, 6 Intellectual Property Strategist (March 2000).
"Why 'Law and Economics' is Not the Frankenstein Monster," 15 Economics and Philosophy 249 (1999).
Strategies for Avoiding Willfulness Damages, 6 Intellectual Property Strategist (Dec. 1999).
Good Books for Patent Lawyers, 1 IP Law Weekly (Dec. 1999).
District Court's Standard of Review of Patent Validity Is Unchanged by Dickinson v. Zurko, law.com (Nov. 1999).
Many E-Commerce Patents May be Unenforceable Due to Poor Drafting, 1 E-Commerce L. Weekly (Oct. 1999).
Bart Wilson
“Automated Pricing Rules in Electronic
Posted Offer Markets,” with Cary Deck, Economic Inquiry
(forthcoming).
“Discriminatory Price Auctions in Electricity Markets,”
with Stephen J. Rassenti and Vernon Smith, Journal of Regulatory
Economics (forthcoming).
“Collusion in Procurement Auctions: An Experimental Examination,”
with Douglas D. Davis, Economic Inquiry 40 (2) (April 2002).
“Incremental Commitment and Reciprocity in a Real Time
Public Goods Game,” with Robert O. Kurzban, Kevin McCabe,
and Vernon L. Smith, Personality and Psychology Bulletin 27 (12)
(December 2001).
“Turning Off the Lights,” with Stephen J. Rassenti
and Vernon L. Smith, Regulation 24 (3) (Fall 2001).
“A Comparison of Auctions and Multilateral Negotiations,”
with Charles J. Thomas, The RAND Journal of Economics 33 (1) (Spring
2001).
“A Comparison of Auctions and Multilateral Negotiations,” with
Charles J. Thomas, RAND Journal of Economics (forthcoming).
“Collusion in Procurement Auctions: An Experimental Examination,”
with Douglas D. Davis, Economic Inquiry (forthcoming).
“Incremental Commitment and Reciprocity in a Real Time Public
Goods Game,” with Charles J. Thomas, Personality and Social Psychology
Bulletin (forthcoming).
“Turning Off the Lights,” with Stephen J. Rassenti and Vernon
L. Smith, Regulation (forthcoming).
“Experimental Methods and Antitrust Policy,” with Douglas D.
Davis in Research in Experiment Economics, Vol. 9, R.M. Isaac
and C. Holt, eds. (forthcoming).
“Using Experiments to Inform the Privatization/Deregulation
Movement in Electricity,” with Stephen J. Rassenti and Vernon
L. Smith, The Cato Journal, 21(3), (winter, 2002).
“Firm-Specific Cost Savings and Market Power,” with Douglas
D. Davis, Economic Theory, 16(3) (November, 2000).
“Interactions of Automated Pricing Algorithms: An Experimental
Investigation,” with Cary A. Deck, Proceedings of the 2nd ACM
Conference on Electronic Commerce 2000 (EC-00) (November, 2000).
“Bertrand-Edgeworth Competition, Demand Uncertainty, and Asymmetric
Outcomes,” with Stanley S. Reynolds, Journal of Economic Theory,
92(1), (May, 2000).
“Structural Features that Contribute to Market Power in Electric
Power Networks: Some Preliminary Results,” with Stephen J. Rassenti
and Vernon L. Smith, Proceedings of the 33rd Hawaii International
Conference on Systems Sciences (2000).
Joshua D. Wright
“Singing Along: A Comment on Goldberg and Muris on the Three Tenors,” 2 Review of Law & Economics __ (2005)
“Vons Grocery and the Concentration-Price Relationship in Grocery Retail,” 48 UCLA L. Rev. 543 (2001).
Todd J. Zywicki
“Institutions, Incentives, and Consumer Bankruptcy Reform,” __Washington & Lee L. Rev. __ (Forthcoming 2005).
“Wine, Commerce, and the Constitution,” __ NYU J. Law & Liberty __ (Forthcoming 2005).
“The Original Meaning of the 21st Amendment (with Asheesh Agarwal),” 8 Green Bag 2d 135 (2005).
“Wine Wars: Uncorking E-Commerce? (with Asheesh Agarwal and Jerry Ellig),” 27(4) Regulation 10 (Winter 2004-2005).
“An Economic Analysis of the Consumer Bankruptcy Crisis,” __ Northwestern L. Rev. ___ (Forthcoming 2005).
“Obesity and Advertising Policy (with Debra Holt and Maureen Ohlhausen),” __ George Mason L. Rev. __ (Forthcoming 2005) (Symposium on Obesity, Health Claims, and Advertising).
“The Theory and Practice of Competition Advocacy at the FTC (with James Cooper and Paul Pautler),” __ Antitrust L.J. __ (Forthcoming 2005) (Symposium on 90th Anniversary of FTC).
“The FTC and State Action: Evolving Views on the Proper Role of Government (with John T. Delacourt),” __ Antitrust L.J. __ (Forthcoming 2005) (Symposium on 90th Anniversary of FTC).
“El Estado De Derecho, La Libertad y La Prosperidad,” 4(2) Apuntes de Economia y Politica: Analisis Economico de las Decisiones Publicas 2 (2005).
“Senate Vacancies,” The Guide to the History of the Constitution (Forthcoming 2005).
“The Bankruptcy Clause,” The Guide to the History of the Constitution (Forthcoming 2005).
“The Past, Present, and Future of Bankruptcy Law in America,” 101 Michigan L. Rev. 2016 (2003).
“The Rise and Fall of Efficiency in the Common Law: A Supply-Side Analysis,” 97 Northwestern L. Rev. 1551 (2003).
“The Rule of Law, Freedom, and Prosperity,” 10 Supreme Court Economic Review 1 (2003).
“Baptists? The Political Economy of Environmental Interest Groups,” 53 Case Western Reserve Law Review 315 (2002) (symposium on Bjorn Lomborg, The Skeptical Environmentalist: Measuring the Real State of the World (2001)).
“Corporate Law Practice,” in The Oxford Companion to American Law (Kermit Hall ed.) (2002).
“Bankruptcy Law As Social Legislation,” 5 Tex. Rev. L. & Politics 393 (2001).
“The Law of Presidential Transitions and the 2000 Election,” 2001 BYU L. Rev. 1573 (2001).
“Book Review, Robert Wright, Nonzero: The Logic of Human Destiny,” 51 Ideas on Liberty 61 (2001).
“Evolutionary Psychology and the Social Sciences,” 13 Humane Studies Review, Issue 1 (Fall 2000)
“With Apologies to Screwtape: A Response to Professor Alexander,” 9 J. Bankr. L. & Practice 613 (2000).
“Was Hayek Right about Group Selection After All?” 13 Rev. of Austrian Econ. 81 (2000).
“Industry and Environmental Lobbyists: Enemies or Allies?” in The Common Law and the Environment: Rethinking the Statutory Basis for Modern Environmental Law 185 (Roger E. Meiners and Andrew P. Morris eds. 2000).
“The Economics of Credit Cards,” 3 Chapman L. Rev. 79 (2000) (Selected to participate in Chapman Law School “Rising Stars in Bankruptcy” symposium).
Book Review Essay, Bruce G. Carruthers & Terence C. Halliday, Rescuing Business: The Making of Corporate Bankruptcy Law in England and the United States, 16 Bankr. Dev. J. 361 (2000).
Book Review, Jeremy Shearmur, Beyond Hayek, 11 Const. Pol. Econ. 205 (2000).
“Talk is Cheap: The Existence Value Fallacy (with Donald J. Boudreaux and Roger E. Meiners),” 29 Environmental Law 765 (1999).
“Book Review, Gregory S. Alexander, Commodity and Propriety: Competing Visions of Property in American Legal Thought,” 4 Independent Rev. 147 (1999).
“Finding the Constitution: An Economic Analysis of Tradition’s Role in Constitutional Decision-Making (with A.C. Pritchard),” 77 N. C. L. Rev. 409 (1999).
“Constitutions and Spontaneous Orders: A Response to McGinnis’s 'In Praise of Decentralized Traditions and their Preconditions' (with A.C. Pritchard),” 77 N. C. L. Rev. 537 (1999).
“Environmental Externalities and Political Externalities: The Political Economy of Environmental Regulation and Reform,” 73 Tulane L. Rev. 845 (1999).
“Rewrite the Bankruptcy Code, Not the Scriptures: Protecting a Debtor’s Right to Tithe in Bankruptcy ,” 1998 Wisconsin L. Rev. 1223 (1998). It’s Time for Means Testing (with Judge Edith H. Jones), 1999 BYU L. Rev. 177 (1999).
“The Nature of the State and the State of Nature: A Comment on Grady and McGuire’s 'The Nature of Constitutions', ”1 J. Bioeconomics 241 (1999) (The State and the Ethnic Group: The Bioeconomics of Economic Organizations).
last updated
January 04, 2008
