Frank H. Easterbrook
Senior Lecturer in Law
1111 East 60th Street
Chicago, IL 60637
phone: 773-702-9579
email: frank_easterbrook@law.uchicago.edu

Publications (Books | Articles | Other | In Progress)

Books

Antitrust: Cases, Economic Notes and Other Materials (2d ed. 1981; Supplements 1982-83, 1984-85; 3d ed. in preparation) (with Richard A. Posner).

"The Economic Structure of Corporate Law (1991) (with Daniel R. Fischel).

Legal Interpretation (in preparation).

Articles

"Chicago on Vertical Restrictions," 3 Competition L. Int'l 3 (2007).

“Foreign Sources and the American Constitution,” 30 Harvard Journal of Law & Public Policy 223 (2006).

"Contract and Copyright," 42 Houston  L. Rev. 953 (2005).

"Judicial Discretion in Statutory Interpretation," 57 Ok. L. Rev. 1 (2004).

"Derivative Securities and Corporate Governance," 69 University of Chicago Law Review 733 (2002).

"Do Liberals and Conservatives Differ in Judicial Activism?" 73 University of Colorado Law Review 1401 (2002).

"Who Decides the Extent of Rights in Intellectual Property?," in Expanding the Boundaries of Intellectual Property: Innovation Policy for the Knowledge Society 405, Rochelle Dreyfus, Diane L. Zimmerman & Harry First, eds., (Oxford, 2001).

"Information and Antitrust," 2000 U. Chi. Legal Forum 1.

Comments on 21st Century Federalism--A Tenth Amendment and Enumerated Powers Revival?," 1 Engage 60 (2000).

"Cyberspace versus Property Law?," 4 Tex. Rev. L. & Politics 103 (1999).

"Does Antitrust Have a Comparative Advantage?," 23 Harv. J.L. & Pub. Policy 5 (1999).

"The Case of the Speluncean Explorers: A Fiftieth Anniversary Symposium," 112 Harv. L. Rev. 1834, 1913 (1999).

"Formalism, Functionalism, Ignorance, Judges," 22 Harv. J.L. & Pub. Policy 13 (1998).

"Textualism and the Dead Hand," 66 Geo. Wash. L. Rev. 1119 (1998).

"Adversary Inferences," 20 Harv. J.L. & Pub. Policy 503 (1997).

"International Corporate Differences: Markets or Law?," 9 J. Applied Corp. Finance 23 (Winter 1997).

"Cyberspace and the Law of the Horse," 1996 U. Chi. Legal Forum 207.

"Alternatives to Originalism?," 19 Harv. J.L. & Pub. Policy 479 (1996).

"Federalism and European Business Law," 14 Int'l Rev. L. & Econ. 125 (1994) (with longer version in European Economic and Business Law 1, Richard M. Buxbaum, Gerard Hertig, Alain Hirsch & Klaus J. Hopt, eds. (1996)).

"The State of Madison's Vision of the State," 107 Harv. L. Rev. 1328 (1994).

"Text, History, and Structure in Statutory Interpretation," 17 Harv. J.L. & Pub. Pol'y 61 (1994).

"Contract and Fiduciary Duty," 36 J.L. & Econ. 425 (1993) (with Daniel R. Fischel).

"The Demand for Judicial Review," 88 Northwestern L. Rev. 372 (1993).

"Unitary Executive Interpretation: A Comment," 15 Cardozo L. Rev. 313 (1993).

"Abstraction and Authority," 59 U. Chi. L. Rev. 349 (1992), reprinted in The Bill of Rights in the Modern State 349, Geoffrey R. Stone, Richard A. Epstein & Cass R. Sunstein, eds. (1992).

"Arbitration, Contract, and Public Policy," in Arbitration 1991: The Changing Face of Arbitration in Theory and Practice 65, Gladys W. Gruenberg, ed. (1992).

"Bills of Rights and Regression to the Mean," 15 Harv. J.L. & Pub. Pol'y 71 (1992).

"Ignorance and Antitrust," in Antitrust, Innovation, and Competitiveness 119, Thomas M. Jorde & David J. Teece, eds. (1992).

"Monopolization: Past, Present, Future," 61 Antitrust L.J. 99 (1992).

"Plea Bargaining as Compromise," 101 Yale L.J. 1969 (1992).

"Regulation and Responsibility: A Note on Banking," 77 Cornell L. Rev. 1079 (1992).

"Some Tasks in Understanding Law Through the Lens of Public Choice," 12 Int'l Rev. L. & Econ. 284 (1992).

"What Does Legislative History Tell Us?," 66 Chi. Kent L. Rev. 441 ( 1992).

"Civil Rights and Remedies," 14 Harv. J.L. & Pub. Pol'y 103 (1991).

"High-Yield Debt as an Incentive Device," 11 Int'l Rev. L. & Econ.183 (1991).

"Antitrust 1889," 29 Washburn L.J. 150 (1990).

"Intellectual Property is Still Property," 13 Harv. J.L. & Pub. Pol'y 108 (1990).

"Is Corporate Bankruptcy Efficient?," 27 J. Financial Econ. 411 ( 1990).

"Presidential Review," 40 Case Western Reserve L. Rev. 905 (1989-90).

"'Success'and the Judicial Power," 65 Indiana L.J. 277 (1990).

"What's So Special About Judges?," 61 U. Colorado L. Rev. 773 (1990).

"Approaches to Judicial Review," in The Blessings of Liberty: An Enduring Constitution in a Changing World 147, Jack David & Robert B. McKay, eds. (1989)., reprinted in Politics and the Constitution: The Nature and Extent of Interpretation 17 (National Legal Center for the Public Interest 1990).

"The Corporate Contract," 89 Colum. L. Rev. 1416 (1989). (with Daniel R. Fischel)., reprinted in Corporate Law and Economic Analysis 182-215, Lucian Arye Bebchuk, ed. (Cambridge University Press 1990), and Foundations of Corporate Law, Roberta Romano, ed. (Oxford University Press 1993).

"Discovery as Abuse," 69 Boston U. L. Rev. 635 (1989).

"The Inevitability of Law and Economics," 1 Legal Education Review 3 (1989).

"On Being A Commercial Court," 65 Chi.-Kent L. Rev. 877 (1989).

"The Constitution of Business," 11 Geo. Mason L. Rev. 53 (1988).

"The Role of Original Intent in Statutory Construction," 11 Harv. J .L. & Pub. Pol'y 59 (1988).

"Stability and Reliability in Judicial Decisions," 73 Cornell L. Rev. 422 (1988).

"Allocating Antitrust Decisionmaking Tasks," 76 Georgetown L.J. 305 (1987).

"Comparative Advantage in Antitrust Law," 75 Calif. L. Rev. 983 (1987).

"Implicit and Explicit Rights of Association," 10 Harv. J.L. & Pub. Pol'y 91 (1987).

"The Influence of Judicial Review on Constitutional Theory," in A Workable Gov-ernment?: The Constitution After 200 Years 170, B. Marshall, ed. (1987).

"Justice and Contract in Consent Judgments," 1987 U. Chi. Legal Forum 19.

"Close Corporations and Agency Costs," 38 Stan. L. Rev. 271 (1986) (with Daniel R. Fischel).

"On Identifying Exclusionary Conduct," 61 Notre Dame L. Rev. 972 (1986).

"Monopoly, Manipulation, and the Regulation of Futures Markets," 59 J. Business S103 (1986), reprinted in The Handbook of Financial Engineering 636, Clifford W. Smith, Jr. & Charles W. Smithson, eds. (1990), and Classic Futures: Lessons from the Past for the Electronic Age 395, Lester G. Telser, ed. (2000).

"Treble What?," 55 Antitrust L.J. 95 (1986).

"Workable Antitrust Policy," 84 Mich. L. Rev. 1696 (1986).

"Detrebling Antitrust Damages," 28 J.L. & Econ. 445 (1985).

"Insider Trading as an Agency Problem," in Principals and Agents: The Structure of Business 81, J. Pratt & R. Zeckhauser, eds. (1985).

"Limited Liability and the Corporation," 52 U. Chi. L. Rev. 89 (1985) (with Daniel R. Fischel), reprinted in 27 Corporate Practice Commentator 313 (1985).

"Optimal Damages in Securities Cases," 52 U. Chi. L. Rev. 611 (1985) (with Daniel R. Fischel).

"Agreement Among the Justices: An Empirical Note," 1984 Sup. Ct. Rev. 389.

"Do Targets Gain from Defeating Tender Offers?," 59 N.Y.U. L. Rev. 277 (1984) (with Gregg A. Jarrell), reprinted in Corporate Counsel's Annual 1985, at 189, E. Burchell, ed. (1985).

"Legal Interpretation and the Power of the Judiciary," 7 Harv. J.L. & Pub. Pol'y 87 (1984).

"The Limits of Antitrust," 63 Tex. L. Rev. 1 (1984), reprinted as University of Chicago Law School Occasional Paper No.21 (1985).

"Managers' Discretion and Investors' Welfare: Theories and Evidence," 9 Del. J. Corp. L. 540 (1984).

"Mandatory Disclosure and the Protection of Investors," 70 Virginia L. Rev. 669 (1984) (with Daniel R. Fischel).

"Petitioning for Protection from Competition: A Comment," in The Political Economy of Regulation: Private Interests in the Regulatory Process 93, R. Rogowsky & B. Yandle, eds. (1984).

"The Supreme Court, 1983 Term-Foreword: The Court and the Economic System," 98 Harv. L. Rev. 4 (1984).

"Two Agency-Cost Explanations of Dividends," 74 Am. Econ. Rev. 650 (1984).

"Vertical Arrangements and the Rule of Reason," 53 Antitrust L.J. 154 (1984), reprinted in Corporate Counsel's Annual 985 at 461, E. Burchell, ed. (1985).

"Antitrust and the Economics of Federalism," 26 J.L. & Econ. 23 (1983), reprinted in 16 J. Reprints Antitrust L. & Econ. 741 (1986).

"Criminal Procedure as a Market System," 12 J. Legal Studies 289 (1983).

"The Most Insignificant Justice: Further Evidence," 50 U. Chi. L. Rev. 481 (1983).

"Statutes' Domains," 50 U. Chi. L. Rev. 533 (1983).

"Voting in Corporate Law," 26 J.L. & Econ. 395 (1983) (with Daniel R. Fischel).

"Antitrust Suits by Targets of Tender Offers," 80 Mich. L. Rev. 1155 (1982) (with Daniel R. Fischel), reprinted in 24 Corporate Practice Commentator 515 (1983).

"Auctions and Sunk Costs in Tender Offers," 35 Stan. L. Rev. 1 (1982) (with Daniel R. Fischel).

"Corporate Control Transactions," 91 Yale L.J. 698 (1982) (with Daniel R. Fischel), reprinted in Corporate Counsel's Annual 1983 at 207, E. Burchell, ed. (1983).

"Is There a Ratchet in Antitrust Law?," 60 Tex. L. Rev. 705 ( 1982).

"Substance and Due Process," 1982 Sup. Ct. Rev. 85.

"Ways of Criticizing the Court," 95 Harv. L. Rev. 802 (1982).

"Due Process and Parole Decisionmaking," in Parole in the 1980's at 77 (U.S. Parole Comm'n 1981).

"Insider Trading, Secret Agents, Evidentiary Privileges, and the Production of Information," 1981 Sup. Ct. Rev. 309.

"Maximum Price Fixing," 48 U. Chi. L. Rev. 886 (1981), reprinted in 24 Corporate Practice Commentator 281 (1982).

"Predatory Strategies and Counterstrategies," 48 U. Chi. L. Rev. 263 (1981), reprinted in 23 Corporate Practice Commentator 399 (1981).

"The Proper Role of a Target's Management in Responding to a Tender Offer," 94 Harv. L. Rev. 1161 (1981) (with Daniel R. Fischel), reprinted in Fiduciary Problems in Acquisitions and Takeovers 195, L. Herzel, ed. (1981), in Thirteenth Annual Institute on Securities Regulation 343, A. Fleischer, ed. (1981), and in Corporate Counsel's Annual 1982 at 147, E. Burchell, ed. (1982).

"Tender Bids, Defensive Tactics, and Shareholders' Welfare," 36 Bus. Law. 1733 (1981) (with Daniel R. Fischel), reprinted in Thirteenth Annual Institute on Securities Regulation 387, A. Fleischer, ed. (1981).

"Contribution Among Antitrust Defendants: A Legal and Economic Analysis," 23 J .L. & Econ. 331 (1980) (with William M. Landes & Richard A. Posner).

"Privacy and the Optimal Extent of Disclosure Under the Freedom of Information Act," 9 J. Legal Studies 775 (1980).

"Due Process in Selective Service Appeals," 39 U. Chi. L. Rev. 331 (1972).

"Toehold Acquisitions and the Potential Competition Doctrine," 40 U. Chi. L. Rev. 156 (1972).

"Public Employment: A Selected and Annotated Bibliography" (U.S.G.P.O. 1970).

"Work Relief in the Depression, Europe, and the 'Manpower Decade:' Some Implications for Programs of Public Employment" (U.S.G.P.O. 1970) (with Michael Barth).

Other Publications

Presentation at Rex E. Lee Conference on the Office of the Solicitor General of the United States, 2003 B.Y.U. Law Review 3, 17 (2003).

Comments on "21st Century Federalism-A Tenth Amendment and Enumerated Powers Revival?," 1 Engage 60-67 (2000).

"Audience Discussion of discovery issues," N.Y. Law School L. Rev. 467-74 (1997).

"A Self-Study of Federal Judicial Rulemaking," 168 F.R.D. 679 (1996) (with Thomas E. Baker).

"Madison, the State, and Public Choice," 41 U. Chi. Law School Record 4 (Spr. 1995).

"Congress, the Courts, and the Bill of Rights," (introduction and comment), 23 Cumberland L. Rev. 91 (1992-93).

"Competition, not Competitors: The Domain of Antitrust," in Antitrust Intervention in the Health Care Industry 35 (Proceedings of the 32d George Bugbee Symposium on Hospital Affairs May 1990).

"Presidential Lawmaking Powers," 68 Wash. U. L.Q. 536 (1990) (panel).

"Property Rights, Legal Wrongs in Insider Trading," The American Enterprise 56 (Sept/Oct 1990) (with Daniel R. Fischel).

"Trading on Inside Information," 36 U. Chi. Law School Record 10 (Spring 1990) (with Daniel R. Fischel).

"Equality Versus Discretion in Sentencing," 26 Am. Crim. L. Rev. 155 (1989) (panel).

Panel Discussion, in "Antitrust Issues for a New Administration," 233 Conference Board Research Bull. 6 (1989).

Panel Discussion, in "Antitrust and Competition: Shifting Dimensions," 225 Conference Board Research Bull. 5 (1988).

"An Immutable Vision," Washington Post Magazine 52 (June 28, 1987).

"The Risk of Mistaken Decisions," in "The Future of the Business-Judgment Standard in Antitrust" 207 Conference Board Research Bull. 11 (1987).

"William H. Rehnquist," in 3 Encyclopedia of the American Constitution 1533, L. Levy & K. Karst, eds. (1986).

"Afterword: Knowledge and Answers," 85 Colum. L. Rev. 1117 (1985).

"Can Industries Survive Part Regulated and Part Free?," in "Antitrust in Transition: Two Dialogues," 184 Conference Board Research Bull. 5-15 (1985).

"Method, Result, and Authority: A Reply," 98 Harv. L. Rev. 622 (1985).

"Models and Decisions," in "Antitrust and New Views of Microeconomics," 195 Conference Board Research Bull. 10-11 (1985).

Comments (on tender offers) in Proceedings of SEC Major Issues Conference 10-12 (June 28-29, 1984).

"Developments in the Regulation of Tender Offers," in 2 National Institute on Securities Regulation 1984 (U. Colorado conference volume).

"Priorities Among Antitrust Concerns," in "The Future of Antitrust: Two Dialogues," 163 Conference Board Research Bull. 15-24 (1984).

"Reply," 8 Regulation 4 (May/June 1984).

"Report of the Task Force on Distributed Computing," 18 U. Chi. Record 1 (1984) (multiple authors; separate statement).

"Restricted Dealing is a Way to Compete," 8 Regulation 23 (Jan/Feb 1984).

"Why the Antitrust Laws Should Not Interfere with Manufacturers' Efforts to Control the Distribution of Products," 16 National J. 299 (Feb. 11, 1984).

"On Not Enforcing the Law," 7 Regulation 14 (Jan/Feb 1983).

"On the Resignation of Ronald H. Coase," 26 J.L. & Econ. iii (1983) (with William M. Landes and Dennis W. Carlton).

"Report of Recommendations," SEC Advisory Committee on Tender Offers (July 1983) (multiple authors; separate statement with Gregg A. Jarrell).

"Analysis of United States Department of State v. Washington Post Co.," PREVIEW of United States Supreme Court Cases 3 (Apr. 22, 1982).

Book Review of Regulation and its Reform, S. Breyer, 90 J. Pol. Econ. 1300 (1982).

"Breaking Up Is Hard To Do," 5 Regulation 25 (Nov/Dec 1981).

Comments on "An Economic Definition of Predatory Product Innovation," followed by Round Table Discussion, in Strategy, Predation, and Antitrust Analysis 415-46, 637-708, S. Salop, ed. (1981).

"Is Takeover Defense in Shareholders' Best Interests?," Legal Times of Washington 42 (Aug. 10, 1981) (with Daniel R. Fischel).

"New Directions in Legal Regulation of Tender Offers," in Fiduciary Problems in Acquisitions and Takeovers 97, L. Herzel, ed. (1981).

"Minority Shareholders," in Fiduciary Problems in Acquisitions and Takeovers 399, L. Herzel, ed. (1981).

Statement before the Senate Committee on the Judiciary concerning Contribution Legislation, in Hearings, The Antitrust Equal Enforcement Act, S. 995, 97th Cong., at 182-203 (1981).

"Vertical Restrictions on Distribution," in Antitrust Economics 209 (Lexecon Inc. 1981).

"When Shareholders Become the Victims," New York Times F2 (July 12, 1981,) (with Daniel R. Fischel).

"Discovery from Experts," in Antitrust Economics 264 (Lexecon Inc. 1980) (with Andrew M. Rosenfield).

"Teaching Law," Swarthmore College Bulletin 6 (Nov. 1980).

Works in Progress

"Levels of Generality in Statutory Construction," Florida State L. Rev. (forthcoming).

"What is Efficiency in Litigation?" (working draft).