Richard A. Epstein
James Parker Hall Distinguished Service Professor of Law and Director, Law and Economics Program
1111 East 60th Street
Chicago, IL 60637
phone: 773-702-9563
email: repstein@midway.uchicago.edu

Publications (Books | Articles | Occasional Papers | Book Reviews | Newspaper & Magazine Pieces | New Zealand Business Roundtable Publications | Online Publications )

Books

Antitrust Consent Decrees in Theory and Practice: Why Less is More (AEI 2007).

Federal Preemption: States’ Powers, National Interests (AEI 2007) (edited with Michael Greve).

Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press 2006).

How Progressives Rewrote the Constitution (Cato 2006).

Intellectual Property for the Technological Age (NAM 2006).

Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy (edited with Michael Greve) (2004).

Free Markets Under Siege: Cartels, Politics and Social Welfare (IEA 2004); (Australia/New Zealand ed. 2004) (Hoover Institution 2005).

Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago Press 2003).

The Vote: Bush, Gore & the Supreme Court, University of Chicago Press (edited with Cass Sunstein) (2001) .

Cases and Materials on Torts, 8th ed. (Aspen Publishing 2004), 7th ed. (Aspen Law & Business 2000); 6th ed. (Little, Brown & Co. 1995); 5th ed. (Little, Brown & Co. 1990).

Liberty, Property and the Law (5 Volumes, with series introduction and volume introductions) (Garlard Press 2000) (editor).

Torts (Aspen Law & Business 1999).

Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus 1998).

Mortal Peril: Our Inalienable Right to Health Care? (Addison-Wesley 1997).

Simple Rules for Complex World (Harvard University Press 1995).

Bargaining with the State (Princeton University Press 1993).

Torts Supplement for Epstein, Cases and Materials on Torts (Little, Brown Inc. 1993).

Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard University Press, 1992).

The Bill of Rights in the Modern State (University of Chicago Press 1992) (ed., with Geoffrey R. Stone & Cass R. Sunstein).

Supplement to Cases and Materials on Tort (Little, Brown & Co. 1987).

Labor Law and the Employment Market (New Brunswick Transaction Press 1985) (ed., with Jeffrey Paul).

Takings: Private Property Under the Power of Eminent Domain (Harvard University Press 1985).

Cases and Materials on the Law of Tort (Little, Brown 1984) (with C. Gregory and H. Kalven: 4th ed.)

Supplement to Cases and Materials on the Law of Tort (Little, Brown 1981).

Modern Products Liability Law (Quorum Books of the Greenwood Press 1980).

Cases and Materials on the Law of Tort (Little, Brown 1977) (with C. Gregory and H. Kalven: 3d ed.).

Articles  

“Cybersecurity in the Payment Card Industry,” 75 University of Chicago Law Review 203 (2008) (with Thomas P. Brown).

"The Neoclassical Economics of Consumer Contracts," 92 Minnesota Law Review 803 (2008).

"The Erosion of Individual Autonomy in Medical Decisionmaking: Of the FDA and IRBS," 96 Georgetown Law Journal 559 (2008).

"The Property Rights Movement and Intellectual Property," Regulation 58 (Winter 2007-8).

"Replacing Coercion With Information," 101 Northwestern University Law Review 735 (2007).

"How to Create -- or Destroy -- Wealth in Real Property," 58 Alabama Law Review 741 (2007).

"David Josiah Brewer Addresses Yale Law School," 10 Green Bag 2d 483 (Summer, 2007).

"On Wal-Mart: Doing Good by Doing Nothing," 39 Connecticut Law Review 1287 (2007).

"Introduction: Preemption in Context," in Federal Preemption: States’ Powers, National Interests 1, Epstein & Greve, eds. (2007) (with Michael Greve).

"Conclusion: Preemption Doctrine and Its Limits," in in Federal Preemption: States’ Powers, National Interests 309, Epstein & Greve, eds. (2007) (with Michael Greve).

"The Wright Stuff," Regulation 8 (Spring 2007).

"Contingent Commissions in Insurance: A Legal and Economic Analysis," 3 Competition Policy International 281 (2007).

"Conflicts of Interest in Health Care: Who Guards the Guardians?" 50 Persp. In Biol. & Med. 72 (2007).

"Taking Stock of Takings: An Author's Retrospective," 15 William & Mary Bill of Rights Journal 407 (2006).

"Contract, not Regulation: UCITA and High-Tech Consumers Meet Their Consumer Protection Critics," in Consumer Protection in the Age of the ‘Information Economy’ 205, Jane K. Winn. ed. (2006).

"Ending the Mad Scramble: An Experimental Matching Plan for Federal Clerkships," 10 Green Bag 2d 37 (2006).

"Why the FDA Must Preempt Tort Litigation: A Critique of Chevron Deference and a Response to Richard Nagareda," 1 Journal of Tort Law Article 5 (2006 ).

"The Progressive Critique of Free Markets," (2006).

"ProCD v. Zeidenberg: Do Doctrine and Function Mix," in Contract Stories 94, Douglas Baird, ed. (2006).

"The Protection of Liberty, Property, And Equality," The Oxford Handbook of Political Science 342, Barry R. Weingast and Donald A. Wittman, eds. (2006).

"The war on plastic: the push to regulate the payment card industry threatens consumers," Regulation 12(5) (September 22, 2006) (with Thomas P. Brown).

"Limiting Financial Disincentives in Live Organ Donation: A Rational Solution to the Kidney Shortage," 6 Amer. J. Trans 2548 (2006) (R. Gaston lead author, et. al.).

"The Optimal Complexity of Legal Rules," in Heuristics and the Law, Engel and Gigerenzer, eds. (MIT Press 2006).

"Group Report: What Is the Role of Heuristics in Making Law?" in Heuristics and the Law 141, Engel and Gigerenzer, eds. (MIT Press 2006) (Jonathan Haidt, Rapportuer, multiple coauthors).

"Why Parties and Powers Both Matter: A Separationist Response To Levinson and Pildes," 119 Harv. L. Rev. F. 210 (2006).

"Our Ignorance About Intelligence," 17 Stanford Law & Policy Review 233 (2006).

"The Federalism Decisions of Justices Rehnquist and O'Connor: Is Half a Loaf Enough?," 58 Stan. L. Rev. 1793 (2006).

"What Light If Any Does the Google Print Dispute Shed on the Law of Fair Use?" 7 Columbia Science & Tech. Rev. (2006).

"One Stop Law Shop," Legal Affairs 34 (March/April 2006).

"Behavioral Economics: Human Errors and Market Corrections," 73 U. Chi. L. Rev. 111 (2006).

"Mandatory Retirement for Supreme Court Justices," in Reforming the Court: Term Limits for Supreme Court Justices 435, Roger C. Cramton & Paul D. Carraington, eds. (2006).

"Executive Power, the Commander in Chief, and the Militia Clause," 34 Hofstra L. Rev. 347 (2006).

"Second-Order Rationality, in Behavioral Public Finance," in Behavioral Public Finance 355, E J McCaffery & J. Slemrod, eds. (2006).

"Weak and Strong Conceptions of Property: An Essay in Memory of Jim Harris," in Properties of Law: Essays in Honour of Jim Harris 97, T. Endicott, Joshua Getzler & Edwin Peel, eds. (2006).

"Separation versus Accomodation: Why We Should Favor the Latter," 2006 [Winter] Criterion 3 (2006).

"Public Use, Public Benefit & Public Trust: Can Both Cooley and Kelo Be Wrong?," 9 Green Bag 2d 124 (2006).

"Intuition, Custom, and Protocol: How To Make Sound Decisions With Limited Knowledge," 2 N.Y.U. Law & Liberty 1 (2005).

"The Regulation of Interchange Fees: Australian Fine-Tuning Gone Awry," 2005 Colum Bus L Rev 551 (2005).

"Introductory Remarks: Some Reflections on Two-Sided Markets and Pricing" (with Victor Goldberg), 2005 Colum. Bus L Rev 509 (2005).

"Justified Monopolies: Regulating Pharamceuticals and Telecommunications," 56 Case Western L. Rev. 103 (2005)

"Further Thoughts on the Privileges or Immunities Clause of the Fourteenth Amendment," 1 NYU Journal of Law & Liberty 1095 (2005).

"A Popular Insurrection on Property Rights," The Freeman 8, (November 2005).

"Of Citizens and Persons: Reconstructing The Privileges or Immunities Clause of the Fourteenth Amendment," 1 NYU Journal of Law & Liberty 334 (2005).

"Obligation of Contract," in The Heritage Guide to the Constitution 171 (Forte & Spalding eds. 2005).

"What (Not) To Do About Obesity: A Moderate Aristotelian Answer," 93 Geo. L. J. 1361 (2005).

"Rebuilding the Citadel: Privity, Causation, and Freedom of Contract," in Exploring Tort Law 228 (M. Stuart Madden, ed., 2005).

"Kelo: An American Original," 8 Green Bag 355 (2005).

"The Historical Variation in Water Rights," in The Evolution of Markets for Water: Theory and Practice in Australia, 24 (Jeff Bennett ed. 2005).

"The Monopolistic Vices of Progressive Constitutionalism," [2004-2005] Cato Sup. Ct. Rev. 11 (2005).

"The Theory and Practice of Self-Help," 1 J. Law, Econ. & Pol. 1 (2005).

"Intel v. Hamidi: The Role of Self-Help in Cyberspace," 1 J. Law, Econ. & Pol. 147 (2005).

"An Economist in Spite of Himself," in The Origins of Law and Economics: Essays by the Founding Fathers, 263 (Francesco Parisi & Charles K. Rowley eds. 2005).

"Untying the Grokster Knot: Learning to Live in a Second-Best World," 12 Brown J. World Affairs 177 (Summer/Fall 2005).

"Takings, Commons, and Associations: Why the Telecommunications Act of 1996 Misfired," 22 Yale J. Reg. 315 (2005).

"Regulatory Paternalism in the Market for Drugs: Lessons from Vioxx and Celebrex," 5 Yale J. Health Policy, Law and Ethics 741 (2005).

"The Not So Minimum Content of Natural Law," 25 Oxford J. Legal Stud. 219 (2005).

"Liberty v. Property: Cracks in the Foundation of Property Law," 42 San Diego Law Rev. 1 (2005).

"Contractual Principle versus Legislative Fixes: Coming to Closure on the Uneding Travails of Medical Malpractice," 54 DePaul L. Rev. 503 (2005).

"It Did Happen Here: Fear and Loathing on the Vaccine Trial," 24 Health Affairs 740 (May/June 2005).

"The Creators Own Ideas," 108 Technology Review (No.6) 56 (June, 2005).

"The Roman Law of Cyberconversion," 2005 Mich. State L. Rev. 103 (2005).

"Monopoly Dominance or Level Playing Field: The New Antitrust Paradox," 72 U. Chi. L. Rev. 49 (2005).

"Disparities and Discrimination in Health Care Coverage: A Crituqe of the Institute of Medicine Study," 48 Perspectives in Biol & Med. S26 (2005).

"The Uses and Limits of Local Knowledge: A Cautionary Note on Hayek," 1 NYU Journal of Law & Liberty 205 (2005).

"Taxation with Representation: Or, the Libertarian Dilemma," 18 Canadian J. of Law & Juris. 7 (2005).

"One Step Beyond Nozick's Minimal State: The Role of Forced Exchanges in Political Theory," 22 Social Philosophy & Policy 286 (2005).

"A Defence of the Corporation," New Zealand L. Rev. 707 (2004).

"The Case Against Black Reparations," 84 Boston U. L. Rev. 1177 (2004).

"Libertarianism and Character," in Varieties of Conservatism in America, 75 (Peter Berkowitz, ed. 2004)

"In Defense of the 'Old' Public Health: The Legal Framework for the Regulation of Public Health," 69 Brook. L. Rev. 1421 (2004).

"Reflections on the Historical Origins and Economic Structure of the Law Merchant," 5 Chic. J. Int'l Law 1 (2004).

"Is There a Biomedical Anticommons," Regulation 54 (Summer 2004) (with Bruce Kuhlik).

"The Perils of Posnerian Pragmatism," 71 U. Chi. L. Rev. 639 (2004)

"A Farewell to Pragmatism," 71 U. Chi. L. Rev. 675 (2004)

"Inside Information: Financial Conflicts of Interest for Research Subjects in Early Phase Clinical Trials," 96 (No. 9) J. Nat'l Cancer Inst. 656 (May 56, 2004). (with Paul R. Helft, Mark J. Ratain, & Mark Siegler).

Introduction: "The Intractable Problem of Antitrust Jurisdiction," in Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy 1(AEI 2004) (with Michael Greve).

"Postscript: In Defense of Small Steps," in Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy 333 (AEI 2004) (with Michael Greve).

"The Constitutional Protection of Trade Secrets under the Takings Clause," 71 U. Chi. L. Rev. 57 (2004).

"Animals as Objects, or Subjects, of Rights," in Animal Rights: Current Debates and New Directions 143 (C. Sunstein & M. Nussbaum, eds. 2004).

"McConnell v. Federal Election Commission: A Deadly Dose of Double Deference," 3 Election Law Journal (No.2) 231 (2004).

"Beware of Legal Transitions: A Presumptive Vote for the Reliance Interest," 13 J. Contmp. Legal Issues 69 (2003).

"Let the Shoemaker Stick to His Last: A Defense of the "Old" Public Health," 46 Perspectives in Biol. & Med. S 38 (2003)

Foreword: "Just Do It!", 101 Mich. L. Rev. 765 (2003).

"Class Actions: Aggregation, Amplification, and Distortion," 2003, The University of Chicago Legal Forum 475.

"Trade Secrets as Private Property: Their Constitutional Protection," U Chicago Law & Economics, Olin Working Paper No. 190 (2003).

"The 'Necessary' History of Property and Liberty," 6 Chapman Law Review (2003) (forthcoming).

"Into the Frying Pan: Standing and Privity under the Telecommunications Act
of 1996 And Beyond " (forthcoming).

"Indirect Constraints on the Provision of Health Care Quality," 46 Perspectives in Biology and Medicine (2003).

"Beyond Judicial Activism and Restraint," 1 Georgetown Journal of Law & Public Policy 85 (2002).

"The Allocation on the Commons: Parking on Public Roads," 31 Journal of Legal Studies S515 (2002).

"A Rational Basic for Affirmative Action: A Shaky but Classical Liberal Defense," 100 Michigan Law Review 2036 (2002).

"Liberty, Equality, and Privacy: Choosing a Legal Foundation for Gay Rights," 2002 University of Chicago Legal Forum 73.

"Standing in Law & Equity: A Defense of Citizen and Taxpayer Suits," 6 Green Bag 2d 17 (2002).

"Classical Liberalism Meets the New Constitutional Order: A Comment on Mark Tushnet," 3 Chicago Journal of International Law 455 (2002).

"The Ebbs and Flows in Takings Law: Reflections on the Lake Tahoe," 1 Cato Supreme Court Review 5 (2002).

"Implications for Legal Reform," in Regulation Through Litigation 301, W. Kip Viscusi ed. (2002).

"Steady the Course: Property Rights in Genetic Material," in Perspectives on Properties of the Human Genome Project,159 ( F. Scott Kieff, ed., 2003).

"Does Literature Work as Social Science? The Case of George Orwel l," 73 U. Colo. L. Rev. 987 (2002).

"Class Actions: The Need for a Hard Second Look," Manhattan Institute for Policy Research, Civil Justice Report No., 4 (March 2002).

"HIPAA on Privacy: Its Unintended and Intended Consequences," 22 Cato Journal 13 (2002).

"Imperfect Liability Regimes: Individual and Corporate Issues," 53 So. Car. L. Rev. 1153 (2002)

"Let 'The Fundamental Things Apply': Necessary and Contingent Truths in Legal Scholarship," 115 Harv. L. Rev. 1288 (2002).

"Against Redress," 131 Daedelus (Winter 2002).

"Can Anyone Beat the Flat Tax?" 19 (No. 1) Social Philosophy & Policy 140 (2002).

"From Social To Legal Norms: A Neglected Cause of Big Government," in Politics at the Turn of the Century 162 (ed. By Arthur M Melzer, Jerry Weinberger 7 M Richard Zinman (2001)

"The Marriage of Art and Business," in Unsettling "Sensation" Arts-Policy Lessons from the Brooklyn Museum of Art Controversy (ed. Lawrence Rothfield) 22 (2001).

"Life Is No Trump: Property and Speech under the Constitution," 53 Maine L. Rev. 25 (2001).

"The Assault on Managed Care: Vicarious Liability, ERISA Preemption, and Class Actions," 30 J. Legal Stud. 625 (2001) (with Alan O. Sykes).

"Respect Bayer's Patent," OpinionJournal.com (October 25, 2001).

"Intellectual Property: Old Boundaries and New Frontiers" (Addison C. Harris Lecture), 76 Ind. L. J. 803 (2001).

"Consent, Not Power, as the Basis of Jurisdiction," 2001 U. Chi. Legal F. 1

"Allocation of the Commons: Parking and Stopping on the Commons," U Chicago Law & Economics, Olin Working Paper No. 134 and U of Chicago, Public Law Working Paper No. 15 (2001).

"In and Out of Public Solution: The Hidden Perils of Forced and Unforced Property Transfer,," in Property Rights: Cooperation, Conflict and Law 307( T. Anderson & F. McChesney eds. 2003)

"In such Manner as the Legislature Thereof May Direct": The Outcome in Bush v. Gore Defended", 68 U. Chi. L. Rev. 613 (2001), reprinted in The Vote: Bush, Gore and the Supreme Court, at http://www.thevotebook.com/ (2001).

"Afterword: Whither Electoral Reforms in the Wake of Bush v. Gore," in The Vote: Bush, Gore and the Supreme Court at http://www.thevotebook.com/ (2001).

"Standing and Spending-The Role of Legal and Equitable Principles," 4 Chap. L. Rev. 1 (2001).

"The Constitutional Perils of Moderation: The Case of the Boy Scouts," 74 So. Calif. L. Rev. 119 (2000).

"The Economics of Tort Law: A Hurried and Partial Overview," 10 Kansas Journal of Law & Public Policy 59 (2000).

"Vicarious Liability of Health Plans for Medical Injuries," 34 Valparaiso Law Rev. 581 (2000).

"The Uneasy Marriage of Utilitarian and Libertarian Thought," 19 Quinnipiac L. Rev. 783 (2000).

"Deconstructing Privacy: And Putting it Back Together Again," 17 (No. 1) Soc. Philo. & Pol. 1 (2000).

"The Necessity for Constrained Deliberation," 24 Harv. J. L & Pub. Pol'y 159 (2000).

"Property Rights in an Age of Transition: The Struggle Between Continuity and Change," in The Visible Hand: The Challenges to Private Enterprise in the 21st Century 43, F.W. Rushing ed. (2000).

"Privacy, Publication, and the First Amendment: The Dangers of First Amendment Exceptionalism," 52 Stan. L. Rev. 1003 (2000)

"The Dangerous Claims of the Animal Rights Movement," 10 (No. 2) The Responsive Community 28 (2000)

"Deconstructing Privacy: And Putting it Back Together Again," 17 (No. 1) Soc. Philo. & Pol. 1 (2000)

"Liberty," Patriarchy," and Feminism," 1999 University of Chicago Legal Forum 89

"Property Rights Claims of Indigenous Populations," 31 Toledo L. Rev. 1 (1999)

"The University in the 21st Century," 18(2) ACCESS: Critical Perspectives on Cultural and Policy Studies in Education 93 (1999).

"Managed Care Under Siege," J. Medicine & Phil. 434 (1999).

"Waste & the Dormant Commerce Clause," 3 The Green Bag 2d 29 (August 1999).

"Confusion about Custom: Disentangling Informal Customs from Standard Contractual Provisions," 66 U. Chi. L. Rev. 821 (1999).

"Contracts Small and Contract Large: Contract Law Through the Lens of Laissez-Faire," in The Fall and Rise of Freedom of Contract 25, F.H. Buckley, ed. (1999).

"Liberty and Feminism," 4 The Independent Review 1 (1999). (Also published," Liberta e femminismo," Biblioteca della liberta, Numero 147, Novembre-dicembre 1998, 51.

"Hayekian Socialism," 58 Md. L. Rev. 271 (1999).

"Exit Rights and Insurance Regulation: From Federalism to Takings," 7 George Mason L. Rev. 293 (1999).

"The Cartelization of Commerce," 22 Harv. J. of Law & Pub. Pol. 209 (1998).

"The Right Set of Simple Rules: A Short Reply to Schauer and Comment on Cohen," 12 Critical Rev. (No. 3).319 (1998).

"Living Dangerously: A Defense of Mortal Peril," [1998] Ill. Law. Rev. 909.

"The Promise and Pitfalls of Simple Rules," 9 Constitutional Political Economy 151 (1998).

"Intellectual Property: Top Down and Bottom Up," in Capital For our Time 85, N. Imperato, ed. (1998), in abridged form in 44 University of Chicago Law School Record 4 (1998).

"Protecting Property Rights With Legal Remedies: A Common Sense Reply to Professor Ayres," 32 Valparaiso L Rev 833 (1998).

"Lest we Forget: Buchanan v. Warley and the Constitutional Jurisprudence of the Progressive Era," 51 Vand. L. Rev. 787 (1998).

"Imitations of Libertarian Thought," 15 Social Phil. & Pol. 412 (1998).

"A Rush to Caution: Cloning Human Beings," in Clones & Clones: Facts and Fantasties about Human Cloning 262 (1998).

" Pennsylvania Coal v. Mahon : The Erratic Takings Jurisprudence of Justice Holmes," 86 Geo. L.J. 875 (1998).

"Common Carriers," 1 The New Palgrave Dictionary of Economics and the Law 301-307 (1998).

"Customary Practices and the Law of Torts," 1 The New Palgrave Dictionary of Economics and the Law 579 (1998).

"Possession," 3 The New Palgrave Dictionary of Economics and the Law 62 (1998).

"Takings," 3 The New Palgrave Dictionary of Economics and the Law 561-569 (1998).

"Affirmative Action for the Next Millennium," 43 Loyola L. Rev. 503 (1998).

"More Fidelity," Less Translation," 1 Green Bag 2d 185 (1998)

"Employment Law: Courts and Contracts," 28 Cal. Western Int'l Law J. 13 (1997).

"Externalities Everywhere? Morals and the Police Power," 21 Harv. J. Law & Pub. Pol. 61 (1997).

"Fidelity Without Translation," 1 The Green Bag 2d 21 (1997).

"Law and Economics: Its Glorious Past and Cloudy Future," 64 U. Chi. L. Rev. 1167 (1997).

"The Problem of Forfeiture in the Welfare State," 14 Soc. Philo. & Pol. 256 (1997).

" Babbitt v. Sweet Home Chapters of Oregon : The Law and Economics of Habitat Preservation," 5 Sup. Ct. Econ. Rev. 1 (1997).

"Subrogation and Insurance, With Especial Reference to the Tobacco Litigation," 41 New York Law School L. Rev. 493 (1997).

"A Clear View of The Cathedral: The Dominance of Property Rules," 106 Yale L.J. 2091 (1997).

"Takings, Exclusivity and Speech: The Legacy of PruneYard v. Robins," 64 U. Chi. L. Rev. 21 (1997).

"The Modern Uses of Ancient Law," 48 S. Carolina L. Rev. 243 (1997)

"Property Rights in cDNA Sequences: A New Resident for the Public Domain," The University of Chicago Law School Roundtable 575 (1996).

"The Remote Causes of Affirmative Action, Or Desegregation in Kansas City, Missouri," 84 Calif. L. Rev. 1101 (1996).

"Contract and Trust in Corporate Law: The Case of Corporate Opportunity," 21 Delaware J. of Corporate Law 5 (1996).

"A Conceptual Approach to Zoning: What's Wrong With Euclid," 5 New York University Environmental Law Journal 277 (1996).

"Catastrophic Responses to Catastrophic Risks," 12 J. Risk & Uncertainty 287 (1996).

"The Tort/Crime Distinction: A Generation Later," 76 Bost. U. L. Rev. 1 (1996).

"The Takings Jurisprudence of the Warren Court: A Constitutional Siesta," 31 Tulsa L. J. 643 (1996).

"The Subtle Vices of the Employment Discrimination Laws," 29 John Marshall L. Rev. 575 (1996).

"Regulatory Sins Versus Market Legacies: A Short Reply to Mr. Leech," 29 John Marshall L. Rev. 617 (1996).

"The Future of Property Rights in America," 11 J. Private Enterprise 1 (1996).

"Constitutional Faith and the Commerce Clause," 71 Notre Dame L. Rev. 167 (1996).

"Some Doubts on Constitutional Indeterminacy," 19 Harv. J. of L. & Pub. Policy. 363 (1996).

"Surrogacy: The Case for Full Contractual Enforcement," 81 Va. L. Rev. 2305 (1995).

"Are Values Incommensurable, or Is Utility the Ruler of the World," [1995] Utah L. Rev. 683.

"The Permit Power Meets the Constitution," 81 Iowa L. Rev. 407 (1995).

"The Harm Principle -And How it Grew," 45 U. Toronto L. J. 359 (1995).

"The Harms and Benefits of Nollan and Dolan," 15 Northern Illinois University Law Review 479 (1995).

"History Lean: The Reconciliation of Private Property and Representative Government," 95 Colum. L. Rev. 591 (1995).

"The Status-Production Sideshow: Why the Antidiscrimination Laws are Still a Mistake," 108 Harv. L. Rev. 1085 (1995).

"Two Challenges for Feminist Thought," 18 Harv. J. Law & Pub. Pol. 331 (1995).

"The Unconstitutional Conditions Puzzle," 4 Cornell J. of Law & Pub. Pol. 466 (1995).

"The Ubiquity of the Benefit Principle," 67 So. Cal. L. Rev. 1369 (1994).

"Faculty-Edited Law Journals," 70 Chicago-Kent Law Rev. 87 (1994).

"Introduction: Baron Bramwell at End of the Twentieth Century," 38 Am. J. Legal History 241 (1994)

"For a Bramwell Revival," 38 Am. J. Legal History 246 (1994).

"The Place of Caste under the Civil Rights Laws: From Jim Crow to Same Sex Marriages," 92 Mich. L. Rev. 2456 (1994).

"Standing Firm, On Forbidden Grounds," 31 San Diego L. Rev. 1 (1994).

"On the Optimal Mix of Common and Private Property," 11 Soc. Phil. & Pol. (No. 2)17 (1994).

"The Moral and Practical Dilemmas of an Underground Economy," 103 Yale L. J. 2157 (1994).

"The Legal Regulation of Genetic Discrimination: Old Responses to New Technology," 74 Bost. U. L. Rev. 1 (1994).

"Some Reflections on the Gender Gap in Employment," 82 Geo. L.J. 75 (1993).

"Legal Education and the Politics of Exclusion," 45 Stan. L. Rev. 1607 (1993).

"Altruism: Universal and Selective," 67 Soc. Serv. Rev. 388 (1993).

"Drafting a Constitution: A Friendly Warning to South Africa," 8 The American University Journal of International Law and Policy 567 (1993).

"Holdouts, Externalities and The Single Owner: Another Tribute to Ronald Coase," 36 J. Law & Econ. 321 (1993).

" Lucas v. South Carolina Coastal Council : A Tangled Web of Expectations," 45 Stan. L. Rev. 1369 (1993).

"The Seven Deadly Sins of Takings Law: The Dissents in Lucas v. South Carolina Coastal Council," 26 Loyola of Los Angeles Law Rev. 955 (1993).

"Judicial Control over Expert Testimony: Of Deference and Education," 87 Northwestern U. L. Rev. 1156 (1993).

"The Federalist Papers: From Practical Politics to High Principle," 16 Harv. J. Law & Pub. Policy 13 (1993).

"A Common Lawyer Looks at Constitutional Interpretation," 72 Bost U. L. Rev. 699 (1992).

"Property as a Fundamental Civil Right," 29 Cal. West. L. Rev. 187 (1992)

" Yee v. City of Escondido : The Supreme Court Strikes Out Again," 26 Loyola of Los Angeles Law Review 3 (1992).

"Gender is for Nouns," 41 DePaul Law Review 981 (1992).

"The Authoritarian Impulse in Sex Discrimination Law: A Reply to Professors Abrams and Strauss," 41 DePaul Law Review 1041 (1992).

"Property, Speech, and the Politics of Distrust," 59 U. Chi. L. Rev. 41 (1992).

"Exit Rights Under Federalism," 55 Law & Contemp. Prob. 147 (Winter 1992).

"Tuskegee Modern: Or Group Rights under the Constitution," 80 Kentucky L. Rev. 869 (1992).

"A New Regime for Expert Witnesses," 26 Val. L. Rev. 757 (1992).

"Ruminations on Lucas v. South Carolina Coastal Council : An Introduction to An Amicus Curiae Brief," 25 Loyola of Los Angeles L. Rev. 1225 (1992).

"Affirmative Action in Law Schools," 2 The Kansas of Law and Public Policy 33 (1992).

"The Legal Regulation of Lawyers' Conflicts of Interest," 60 Fordham L. Rev. 579 (1992).

"The Indivisibility of Liberty Under The Bill of Rights," 15 Harv. J. of Law & Pub. Pol. 35 (1992).

"The Path to the T.J. Hooper: Of Custom and Due Care," 21 J. Legal Stud. 1 7 (1992).

"Why is Health Care Special?," 40 U. Kansas L. Rev. 307 (1992).

" International News Service v. Associated Press : Custom and Law As Sources of Property Rights in News," 78 Va. L. Rev. 87 (1992).

"Rationing Access to Medical Care: Some Sober Second Thoughts," 3 Stan. Law & Pol. Rev. 81 (Fall 1991)

"Regulation -- and Contract -- in Environmental Law," 93 W. Va. L. Rev. 859 (1991).

"The Single Owner Revisited: A Brief Reply to Professor Lewin," 93 W. Va. L. Rev. 901 (1991).

"All Quiet on the Eastern Front," 58 U. Chi. L. Rev. 555 (1991).

"Keep Mandatory Retirement for Tenured Faculty," Regulation 85 (Spring 1991)(with Saunders Mac Lane).

"Two Conceptions of Civil Rights," 8 Soc. Phil. & Pol. 38 (1991).

"A Clash of Two Cultures: Will the Tort System Survive Automobile Insurance Reform?," 25 Valparaiso L. Rev. 173 (1991).

"Constitutional Conundrums in the Public Funding of the Arts," 15 Columbia-VLA J. Law & the Arts 30 (1990)

"No New Property," 56 Brooklyn L. Rev. 747 (1990).

"The Independence of Judges: The Uses and Limitations of Public Choice Theory," [1990] Brig. Young L. Rev. 827.

"The Consolidation of Complex Litigation: A Critical Evaluation of the ALI Proposal," 10 J. Law & Comm. 1 (1990).

"Unconstitutional Conditions Obscured: A Brief Response to Professor Abrams," 27 San Diego Law Rev. 395 (1990).

"The Evolution of Product Liability Law," Policy 5 (Summer 1990).

"The Varieties of Self-Interest," 8 Social Phil. & Pol. 102 (1990).

"Compassion and Compulsion," 22 Ariz. State L. J. 25 (1990).

"The Paradox of Civil Rights," 8 Yale Law & Policy Rev. 299 (1990).

"Takings: Of Maginot Lines and Political Compromises," in Liberty, Property, and the Future of Constitutional Development 173, E. Paul & H. Dickman, eds. (1990).

"Religious Liberty in the Welfare State," 31 William & Mary L. Rev. 375 (1990)

"Property and Necessity," 13 Harv. J. of Law & Pub. Pol. 2 (1990)

"Products Liability: From Contract to Regulation in the United States and Europe," 9 Tel Aviv University Studies in Law 49 (1989)

"Race and the Police Power: 1890 to 1937," 46 Wash. & Lee L. Rev. 741 (1989)

"Unconstitutional Conditions and Bargaining Breakdown," 26 U. San Diego Law Rev. 189 (1989).

"Justice Across the Generations," 67 Texas L. Rev. 1465 (1989).

"The Utilitarian Foundations of Natural Law," 12 Harv. J. of Law & Public Policy 713 (1989).

"Postscript: Subjective Utilitarianism," 12 Harv. J. of Law & Public Policy 769 (1989).

"The Unintended Revolution in Product Liability Law," 20 Cardozo L. Rev. 2193 (1989).

"Voluntary Euthanasia," 35 The University of Chicago Law School Record 8 (Spring 1989).

"Beyond Foreseeability: Consequential Damages in the Law of Contract," 18 J. Legal Stud. 105 (1989) (reprinted in Liability and Responsibility--Essays in law and morals 89, R. Frey & C. Morris, eds. (1991)).

"Rent Control Revisited: One Reply to Seven Critics," 54 Brook. L. Rev. 1281 (1989).

"Foreword: Unconstitutional Conditions, State Power, and the Limits of Consent," 102 Harv. L. Rev. 4 (1988).

"The Mistakes of 1937," 11 George Mason L. Rev. 5 (1988).

"Market and Regulatory Approaches to Medical Malpractice: The Virginia Obstetrical No-Fault Statute," 74 Va.. L. Rev. 1474 (1988) (reprinted in Medical Professional Liability and the Delivery of Obstetrical Care, Vol. 2, 155 (1989).

"Modern Republicanism-Or The Flight From Substance," 97 Yale L. J. 1633 (1988).

"Rent Control and the Theory of Efficient Regulation," 54 Brook. L. Rev. 741 (1988).

"Luck," 6 Soc. Phil. & Policy 17 (1988).

"Covenants and Constitutions," 73 Corn. L. Rev. 906 (1988).

"AIDS, Testing and the Workplace," [1988] U. Chi. Legal Forum 33.

"The Classical Legal Tradition," 73 Corn. L. Rev. 292 (1988).

"The Political Economy of Product Liability Reform," 78 Am. Econ. Rev. 311 (1988).

"Takings: Descent and Resurrection," [1987] Sup. Ct. Rev. 1.

"The Public Trust Doctrine," 7 Cato J. 411 (1987).

"Beyond the Rule of Law: Civic Virtue and Constitutional Structure," 56 Geo. Wash. L. Rev. 149 (1987).

" Wilder v. Bernstein : Squeeze Play by Consent Decree," 1987 U. Chi. Legal Forum 209.

"Causation--In Context: An Afterword," 63 Chi.-Kent L. Rev. 653 (1987).

"The Proper Scope of the Commerce Power," 73 Va. L. Rev. 1387 (1987).

"The Risks of Risk/Utility," 48 Ohio St. L.J. 469 (1987).

"Self-Interest and the Constitution," 37 J. of Legal Educ. 153 (1987).

"The Fundamentals of Freedom of Speech," 10 Harv. J. of Law & Pub. Policy 53 (1987).

"Legal Liability for Medical Innovation," in Medical Innovation and Bad Outcomes 163, M. Siegler, ed. (1987), reprinted in 8 Cardozo L. Rev. 1139 (1987).

"The Morals and Technique of Medical Innovation," in Medical Innovation and Bad Outcomes 137, M. Siegler, ed. (1987).

"Inducement of Breach of Contract as a Problem of Ostensible Ownership," 16 J. Legal Stud. 1 (1987).

"Past and Future: The Temporal Dimension in the Law of Property," 64 Wash. U. L. Q. 667 (1986).

"The Temporal Dimension in Tort Law," 53 U. Chi. L. Rev. 1175 (1986).

"An Outline of Takings," 41 Miami L. Rev. 3 (1986).

"A Last Word on Eminent Domain," 41 Miami L. Rev. 253 (1986).

"Was New York Times v. Sullivan Wrong?," 53 U. Chi. L. Rev. 782 (1986). (reprinted in The Cost of Libel: Economic and Policy Implications 121, E. Dennis & E. Noam, eds. (1989); translated under the title, "Liberta Di Manifestazione del Pensiero E. Tutela Ella Reputazione: Una Critica Di Analisi Economica Del Diritto Alla Via Americana," 3 Il Diritto Dell'Informazione E Dell'Informatica 825 (1987).

"On Drafting Rules and Procedures for Academic Fraud," 24 Minerva 344 (1986).

"Taxation in a Lockean World," 4 Social Phil. & Policy 49 (1986).

"Medical Malpractice, Imperfect Information and the Contractual Foundation for Medical Services," 49 Law & Contemp. Prob. 201 (1986).

"The Pirates of Pennzoil," Regulation 18 (Nov.-Dec. 1985).

"Products Liability as An Insurance Market," 14 J. Legal Stud. 645 (1985).

"Two Fallacies in the Law of Joint Torts," 73 Geo. L. J. 1377 (1985).

"Why Restrain Alienation?," 85 Columbia Law Review 970 (1985).

"The Uneasy Quest for Welfare Rights," [1985] Brigham Young University Law Review 201; reprinted in Constitutionalism and Rights, G. Bryner and N. Reynolds, eds. (1987).

"Agency Costs, Employment Contracts and Labor Unions," in Principals and Agents: The Structure of Business, J. Pratt & R. Zeckhauser eds. (1985).

"Positive and Normative Elements in Legal Education," Harv. J. of Law & Public Policy 255 (1985).

"Views on Legal Education: An Exchange," 8 Harv. J. of Law & Pub. Pol. 269 (1985).

"The Active Virtues," 9 Regulation 14 (1985), reprinted as "Judicial Review: Reckoning on Two Kinds of Error," 4 Cato J. 711 (1985).

"In Defense of the Contract at Will," 51 U. Chi. L. Rev. 947 (1984), reprinted in Labor Law and the Employment Market 3, R. Epstein & J. Paul, eds. (1985).

"Toward a Revitalization of the Contract Clause," 51 U. Chi. L. Rev. 703 (1984).

"The Legal and Insurance Dynamics of Mass Torts," 13 J. Legal Stud. 475 (1984).

"The Pitfalls of Interpretation," 7 Harvard J. of Law and Public Policy 101 (1984).

"A Common Law for Labor Relations: A Critique of the New Deal Legislation," 92 Yale L.J. 1357 (1983).

"Common Law, Labor Law, and Reality: A Rejoinder to Professors Getman and Kohler," 92 Yale L.J. 1435 (1983).

"Blackmail, Inc.," 50 U. Chi. L. Rev. 553 (1983).

"Not Deference, But Doctrine: The Eminent Domain Clause," 1982 Sup. Ct. Rev. 351.

"Taxation, Regulation, Confiscation," 20 Osgoode Hall L. Rev. 433 (1982).

"The Historical Origins and Economic Structure of Workers' Compensation," 16 Ga. L. Rev. 775 (1982).

"Manville: The Bankruptcy of Product Liability Law," 6 Regulation 14 (Sept./Oct. 1982).

"Notice and Freedom of Contract in the Law of Servitudes," 55 So. Cal. L. Rev. 1353 (1982).

"Social Consequences of Common Law Rules," 95 Harv. L. Rev. 1717 (1982).

"The Principles of Environmental Protection: The Case of Superfund," 2 Cato Journal 9 (1982).

"Private Property and the Public Domain: The Case of Anti-Trust Law," in Ethics, Economics and the Law, Nomos XXIV 48, J. Pennock & J. Chapman, eds. (New York University Press 1982).

"A Taste for Privacy: The Evolution of a Naturalistic Ethic," 9 J. Legal Studies 655 (1980).

"Is Pinto a Criminal?," 4 Regulation 15 (March/April 1980).

"Automobile No-Fault Plans: A Second Look at First Principles," 13 Creighton L. Rev. 760 (1980).

"The Static Conception of the Common Law," 9 J. Legal Studies 253 (1980).

"Possession as the Root of Title," 13 Ga. L. Rev. 1221 (1979).

"Plaintiff's Conduct in Products Liability Actions: Comparative Negligence, Automatic Division and Multiple Parties," 45 J. Air & Commerce 87 (1979).

"Causation and Corrective Justice: A Reply to Two Critics," 8 J. Legal Studies 477 (1979).

"Nuisance Law: Corrective Justice and its Utilitarian Constraints," 8 J. Legal Studies 49 (1979).

"Private Law Models of Official Immunity," 43 Law & Contemporary Problems 53 (1978).

"Products Liability: The Search for Middle Ground," 56 N. Carolina L. Rev. 643 (1978).

"Privacy," Property Rights," and Misrepresentations," 12 Ga. L. Rev. 455 (1978).

"The Coordination of Workers' Compensation Benefits with Tort Damage Awards," 13 The Forum 464 (1978).

"The Limits of Medical Malpractice," 298 New Eng. J. of Medicine 1311 (1978).

"Crime and Tort: Old Wine in Old Bottles," in Assessing the Criminal: Restitution, Retribution and the Legal Process 231, R. Barnett & J. Hagel, eds. (Ballanger 1977).

"Medical Malpractice: Its Cause and Cure," in The Economics of Medical Malpractice 245, S. Rottenberg, ed. (American Enterprise Institute 1977).

"Voting Theory, Union Elections, and the Constitution," in Nomos XVIII: Due Process 33, J.R. Pennock & J. W. Chapman, eds. (1977).

"Products Liability: The Gathering Storm," 15 Regulation (Sept./Oct. 1977).

"Contracting Out of the Medical Malpractice Crisis," 20 Perspective in Biology & Medicine 288 (1977).

"Medical Malpractice: The Case for Contract," 1 Amer. Bar Found. Res. Journal 87 (1976).

"Unconscionability: A Critical Reappraisal," 18 J. Law & Econ. 293 (1975).

"Intentional Harms," 4 J. Legal Studies 391 (1975).

"Defenses and Subsequent Pleas in a System of Strict Liability," 3 J. Legal Studies 165 (1974).

"Substantive Due Process By Any Other Name: The Abortion Cases," 1973 Sup. Ct. Rev. 159.

"Pleadings and Presumptions," 40 U. Chi. L. Rev. 556 (1973).

"A Theory of Strict Liability," 2 J. Legal Studies 151 (1973).

"The Application of the Crane Doctrine to Limited Partnerships," 45 So. Cal. L. Rev. 100 (1972).

"Consumption and Loss Under the Internal Revenue Code," 23 Stan. L. Rev. 454 (1971).

Occasional papers

"Symposium: Censorship and Institutional Review Board: Defanging IRBs: Replacing Coercion With Information, " 101 Northwestern University Law Review 735 (2007).

"Kratovil Conference Article: From Penn Central to Lingle: the Long Backwards Road," 40 John Marshall Law Review 593 (2007).

"Tribute to Bernard Meltzer," 74 University of Chicago Law Review 427 (2007).

"Is the Military Commission Act Wise: No: THE MCA Denies Habeas and Due Process," Opening Argument (February 2007).

"Skepticism, Faith, and Freedom," (discussion with Fr. Robert Sirico) (Heartland Institute 2006).

"Wal-Mart: The Good Guys," Opening Argument 1 (Issue 3, 2006).

"The Google Library Project, When East Doesn’t Meet West," iBlawg, Duke Law & Tech. Rev. (February 22, 2006).

"Why Libertarians Shouldn’t Be (Too) Skeptical on Intellectual Property," Progress on Point, The Progress & Freedom Foundation, Release 13.4 (February 2006).

"American Lessons for European Federalism," The New Frontiers Foundation (London 2005).

"Does America Have a Prescription Drug Problem?: The Perils of Ignoring the Economics of Pharmaceuticals," Institute for Policy Innovation Issue Brief (October 7, 2004).

"Free Markets Under Siege: Cartels, Politics and Social Welfare," (IEA 2004).

"Defining Social Welfare - and Achieving It," Hoover Digest 118 (No. 2, 2004).

"Coercion vs. Consent," Reason (March 2004 40) (debate with Randy Barnett, David Friedman & James Pinkerton)

"Digital Rights Management: Best Left to Private Contract," Washington Legal Foundation, Legal Backgrounder, vol. 17, no. 49.

"Is There a Good Monopoly," IPI Ideas (September 9, 2002).

"Chess Rules," The University of Chicago Law School Record 15 (Fall 2002)

"How Much Privacy Do We Really Want?" 2 Hoover Digest 72 (2002).

"Class Actions: The Need for a Second Hard Look," The Manhattan Institute, Civil Justice Report # 4 (March 2002).

"Equal Opportunity or More Opportunity? The Good Thing About Discrimination?" Civitas: Institute for the Study of Civil Society, London (2002).

"Managed Care Liability," Civil Justice Forum, The Manhattan Institute, No. 39, (September 2000).

"Microsoft, MacroScrewed," National Review 30 (December 6, 1999).

"The Next Rights Revolution?" National Review 44 (November 8, 1999).

"Privacy, Please," National Review 46 (September 27, 1999).

"Foreward: Entering, and Excelling in Law School Teaching," in Law Schoool and Beyond: The IHS Guide to Careers in Legal Academia (1999).

"Environmental Law 101," Hoover Digest (No. 2) 66 (1999).

"The New Chicago School: Myth or Reality?" 5 University of Chicago Law School Roundtable 1 (1998) (panel).

"Intellectual Property: Top Down and Bottom Up," 44 U. Chi. Law School Record 4 (1998).

"Encryption, Key Escrow, and the Clash of Imperatives," 2 (No. 10) Electronic Banking Law & Commerce Report 7 (1998).

"The Proper Goals of Antitrust: When Public and Private Interest Arise," 9 Loyola Consumer Law Reporter 112 (1997) (panel discussion with Ralph Nader and Eleanor Fox).

"Norms: social and Legal," The Good Society 1 (Winter 1996).

"Transactions Costs and Property Rights: Do Good Fences Make Good Neighbors," Coase Lecture (February 1996).

"The Public-Private Distinction A Search for the Middle Political Ground," 95 Newsletter on Philosophy and Law 51 (APA Fall 1995).

Amicus Brief, Dolan v. City of Tigard, 15 Northern Ill. L. Rev. 493 (1995) (with Wiliam H. Mellor III).

"Estate Planning -Done Right," Boston Review 11 (April-May 1995).

"Takings Exception: An Interview with Reason Magazine," Reason 36 (April 1995).

"Why Markets Beat Mandates Every Time," Round-Up -- Maricopa County Medical Society News 22 (Vol. 40 September 1994).

"Property vs. Privacy: A False Constitutional Opposition," The Federalist Paper 7 (July 1993).

"Should Title VII of the Civil Rights Act of 1964 Be Repealed," 3 Law &: Southern California Interdisciplinary Law Journal 349, 445 (1993)(debate with Erwin Chemerinsky)

"Organ Transplants: Is Relying on Altruism Costing Lives? The American Enterprise 50 (October/November 1993)

"Unmanagable Care," 25 Reason 58 (May," 1993).

"Private Property and the Politics of Distrust," in Drawing the Line: Property Rights and Environnmental Protection 61 (Proceedings of a Washington Research Council/Center for Competitive Strategies Conference 1992)

"The Perils of Setting a Constitutional Order," Foreword to An Analysis of Proposals for Constitutional Change in New Zealand, Penelope Brook Cowen, Tyler Cowen & Alexander Tabarrok (1992).

Amicus Curiae Brief in Lucas v. South Carolina Coastal Council, 25 Loyola of Los Angeles Law Review 1233 (1992) (with William H. Mellor, III, Clink Bolick, Jonathan W. Emord, & Scott Bullock).

"Property Rights and the New Legal Order," 21 Cumberland L. Rev. 439 (1991) (panel discussion).

"The Two Faces of Corporate Law" Conference Proceedings, The Function and Purpose of Corporate Law 25 (Tasman Institute 1991).

"In Praise of Divided Government," 68 Wash. U. L. Q. 567 (1990) (debate with Lloyd Cutler).

Constitutional Conundrums in the Public Funding of the Arts," 15 Columbia --VLA Journal of Law and the Arts 30 (1990)

"Resolved: The Civil Rights Act of 1990 is a Threat to Our Civil Rights (affirmative) in Flag-Burning, Discrimination and the Right to Do Wrong 19-36 (1990) (debate with Antonio J. Califa).

"On Going Our Separate Ways," 413th Convocation Address, University of Chicago, The University of Chicago Record, (November 16, 1989).

"Charles O. Gregory--An Appreciation from the Wings," 74 Va. L. Rev. 11 (1988).

"On Limiting the Scope for Scientific Evidence," in Science and Technology Advice to the President, Congress and Judiciary 465, W. Golden ed. (1988).

"Liability of Accountants for Negligence: How Can We Tell the Best Rule?," in Business Law: Principles Cases and Policy 1134, M. Rozkowski (1987).

"Introduction to Stephen Macedo," The New Right v. the Constitution (Cato Institute 1986).

"Professor, Now Judge--A Tribute to Richard A. Posner," 12 J. Legal Stud. 1 (1983).

Book reviews

"For Love or Money," review of Viviana A. Zelizer, The Purchase of Intimacy, The New York Times Book Review A23 (September 18, 2005).

"Pharma Furor," review of Jerome Kassirer, On the Take: How Medicine's Complicity with Big Business Can Endanger Your Health, and Marcia Angell, The Truth About Drug Companies: How They Deceive Us and What We Can Do About It, Legal Affairs 60 (January/February 2005).

"How Economics Works," review of Thomas Sowell, Applied Economics: Thinking Beyond Stage One, National Review 37 (December 31, 2003).

Review of Steven M. Wise, Drawing the Line: Science and the Case for Animal Rights, 46 Perspectives in Biol. & Med. 469 (2003).

Review of Robert Cooter, The Strategic Constitution, 113 Ethics 695 (2003).

"A Federal Case," Review of John T. Noonan, Jr, Narrowing of the Nation's Power: The Supreme Court Sides with the States, National Review 50 (October 28, 2002).

Review of Haavi Morreim, Holding Health Care Accountable: Law and the New Medical Malpractice, 7 The Independent Review 294 (Fall 2002).

"Myth-Making on Taxes," review of Liam Murphy and Thomas Nagel, The Myth of Ownership: Taxes and Justice, National Review 49 (July 1, 2002).

"Color Schemes: Can Affirmative Action be Reconciled with Liberal Individualism," Reason 54 (July 2002).

"Impractical Equality," Review of Ronald Dworkin, Sovereign Virtue: The Theory and Practice of Equality, 32 Reason 60 (October 2000).

"Too Pragmatic by Half," Review of Eco-Pragmatism: Making Sensible Environmental Decisions in an Uncertain World, Daniel Farber, 109 Yale L. J. 1639 (2000).

"Assault with Blunt History," Review of A Necessary Evil: A History of American Distrust of Government, Garry Wills, 32 Reason (May 2000).

"The Assault the Failed," Review of Barbara Fried, The Progressive Assault on Laissez Faire; Robert Hale and the First Law and Economics Movement, 97 Michigan Law Rev. 1697 (1999).

"Unexplored Tributaries," Review of William G. Bowen & Derek Bok, The Shape of the River: Long-Term Conesquences of Considering Race in College and University Admissions, 30 Reason 61 (February 1999).

"The Libertarian Quartet," Review of Randy Barnett, The Structure of Liberty: Justice and the Rule of Law, 30 Reason 61 (January 1999).

"The Interior Diaspora," Review of Elliott Abrams, Faith or Fear: How Jews Can Survive in Christian America, New York Times Book Review 26 (August 10, 1997).

"Bork's Bite," Review of Robert H. Bork, Slouching Towards Gomorrah, New York Times Book Review 18 (October 20, 1996).

Review of Shamans, Shoftware and Spleens: Law and the Construction of the Information Society, 16 Economic Affairs 46 (August 1996).

"Why is this Man a Moderate," review of William Fischel, Regulatory Takings: Law, Economics, and Politics, 94 Mich. L. Rev. 1758 (1996).

"The First Freedoms," review of Ronald Dworkin, Freedom's Law, The Moral Reading of the Constitution, New York Times Book Review A12, (May 26, 1996).

The Chief Justiceship of Melville W. Fuller 1888-1910, James W. Ely, 40 Am. J. of Legal History 109 (1996).

"His Terrible Swift Sword," Review of Thomas Sowell, The Vision of the Anointed, (July 30, 1996).

Review of Marc A. Rodwin, Medicine, Money and Morals: Physicians' Conflicts of Interest, 37 Perspectives in Biology and Medicine 310 (1994).

"The Killing Grounds," Review of Ronald Dworkin, Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom, Reason 58 (Nov. 1993).

"Rights and Rights Talk," Review of Mary Ann Glendon, Rights Talk, 105 Harv. L. Rev. 1106 (1992).

Review of J. Emord, Broadcast Rights From the Bottom Up, Freedom, Technology and the First Amendment, 9 Communications Lawyer 26 (No.2. Spring 1991)

"The Next Generation of Legal Scholarship?" Review of B. Ackerman, Private Property and The Constitution, 30 Stan. L. Rev. 635 (1978).

Review of G. Gilmore, The Death of Contract, 20 Amer. J. Legal History 68 (1976).

Review of A. Willis, Willis on Partnership Taxation, 45 So. Cal. L. Rev. 933 (1972).

Newspaper columns, magazine & web pieces

"The Taking of Port Chester," Forbes 40 (March 24, 2008).

“Scalia’s Judicial Activism,” The Wall Street Journal A15 (June 29, 2007).

"Double Trouble for American Telecoms," FT.com (June 18, 2007).

"Death without Taxation," Chief Executive Magazine 56 (June 2007).

"Legal Sanity 'Discovered,'" The Wall Street Journal A17 (May 24, 2007).

"Voluntary and Coercive Action: A Key Distinction in the Overall System of Liberty," Cato Unbound (May 14, 2007).

"AIDS drugs: Are property rights and human rights in conflict?" FT.com (May 7, 2007).

"Risky Drug Business," The Wall Street Journal (April 23, 2007).

"Drug Crazy," The Wall Street Journal A14 (March 26, 2007).

"You Do the Math!" http://www.tnr.com/blog/basketball (March 13, 2006).

"The Road to Stagnation," Forum: NZ Centre for Political Debate (March 12, 2007).

"EU Continues Battle Against Microsoft," FT.com (March 5, 2007).

"Detainees and Habeas Corupus," Wall Street Journal B10 (February 28, 2007).

"Double Trouble for Telecoms Companies," Financial Times (January 9, 2007).

"A Pretextual Taking: The Didden Decision," National Law Journal (January 8, 2007).

"Bid Farewell to Capgains Tax," The New York Sun (January 5, 2007).

"Pork and Power," The Guardian (January 5, 2007).

"The myth of the big bad drug companies," Los Angeles Times A39 (December 22, 2006).

"What's good for pharma is good for America," The Boston Globe E1 (December 3, 2006).

"A New Year’s Resolution for CEOs: No Special Deals," Chief Executive 37 (December 2006).

"The Deferred Prosecution Racket," The Wall Street Journal (November 28, 2006).

"Produce the Body," Wall Street Journal (October 7, 2006).

"Tunney Act Populism Goes Astray," Financial Times (September 21, 2006).

"Lessons from the Wal-Mart wars: why CEOs should take a hard line against programs that compensate businesses and workers who can't compete," Chief Executive 36(4) (September 1, 2006).

"Navigable Waters? (Rapanos v. US)," National Law Journal 27 (August 2, 2006).

"The problem with presidential signing statements," Chicago Tribune C5 (July 16, 2006).

"Trust Busters on the Supreme Court," The Wall Street Journal A16 (July 12, 2006).

"Competition law in Two Easy Steps," Financial Times (July 12, 2006).

"Court Soft on Property Rights," Financial Times (May 17, 2006).

"Kidney Beancounters," The Wall Street Journal A15 (May 15, 2006).

"Altruism and Barter," The National Law Journal (May 8, 2006).

"Trolling for (patent) Trouble," Financial Times (April 3, 2006).

"Executive Power on Steroids," The Wall Street Journal (February 13, 2006).

"Google in Treacherous Waters," The Financial Times (February 6, 2006).

"Rule Roe v. Wade Inadmissable In Alito's Confirmation Hearings," Jewish Forward (December 9, 2005).

"Class Action Fairness Act: Further Fix Needed," The Nat'l L. J. 23 (Nov. 21, 2005).

"Written in Stone," Wall Street Journal A15 (September 17, 2005).

"Ambush in Angleton," Wall Street Journal A10 (August 22, 2005).

"Overrule Teal," The National Law Journal 23 (August 15, 2005).

"Learning to Live with Risky Drugs," National Post A15 (August 2, 2005).

"Who Will Judge the Inquisitors," Wall Street Journal (July 21, 2005).

"Handouts No Boom to Business," New Zealand Herald (July 18, 2005).

"Supreme Folly," The Wall Street Journal A14 (June 27, 2005).

"Two Ways of Viewing IP," Financial Times (April 7, 2005).

"Organs for Sale," National Post A20 (Canada) (March 29, 2005).

"ECA Didn't Make the Sky Fall In," New Zealand Herald (March 8, 2005).

"The Pain of Eminent Domain," The Philadelphia Inquirer 15 (March 1, 2005).

"Best Efficiency Gains Flow From Hands-Off Approach," The New Zealand Herald (March 1, 2005)

"Mad Scientists: Go away, ethics police. Leave the NIH Alone," Slate (February 15, 2005).

"Grokster, The Contributory Infringement Wars," FT.com (January 31, 2005).

"The Case for Flat Taxes," The New Zealand Herald (January 31, 2005).

"Flat Tax Essay," New Zealand Herald (January 30, 2005).

"Why rule out copyright protection for databases?" FT.com (November 22, 2004).

"Why Open Source Software is Not Sustainable," FT. com (October 21, 2004).

"The Dangers of a Contradictory Constitution," Financial Times 17 (October 11, 2004).

"Look at Damages First," The National Law Journal (September 2004).

"Where Antitrust Law Went Wrong," Financial Times (July 19, 2004).

"Live and Let Live," The Wall Street Journal 13A (July 13, 2004).

"It's a Win-Win Situation, Even if Some Win More Than Others," Los Angeles Times M5 (June 27, 2004).

"The Worst of Both Worlds," Boston Review 17 (April/May 2004).

"Class Actions: Warping the Law," The National Law Journal 23 (March 22, 2004).

"Can Intellectual Property Survive Its Critics? " FT.com.

"Justice Brown attacks New Deal Assumptions," San Jose Mercury News (November 16, 2003, at 5P).

"Economic Malpractice," Forbes 50 (October 27, 2003).

"Free Markets Demand Protection," Financial Times (October 13, 2003).

"Classical, Liberal, Rational," Wall Street Journal 1 (September 5, 2003).

"No Canadian Cure for Our Health Care Malaise," Medicine on the Midway (Summer 2003, at 44).

"Let Competition Solve the Quandary," National Law Journal (April 14, 2003).

"Sarbanes Overdose," The National Law Journal (January 27, 2003, at A17).

"The Perils of Transition," Financial Times (January 22, 2003).

"Soldier Field as Public Misuse," Chicago Daily Law Bulletin (November 20, 2002).

"'Digital Rights Management' Best Left to Private Contract," Legal Backgrounder (November 15, 2002).

"The Disclosure Dilemma," Boston Globe (November 3, 2002).

"Law and Economics: Just Scrap Title IX," National Law Journal (October 14, 2002).

"Whose Utility Counts? " National Law Journal (August 12, 2002).

"Taking the Con out of Con. Law," National Review 36 (June 3, 2002).

"Taking by Slivers," National Law Journal (May 6, 2002).

"Not too late to stop Soldier Field giveaway," Chicago Tribune 11 (May 5, 2002).

"The Market Has a Heart," Wall Street Journal A18 (February 21, 2002).

"Phew!," The Wall Street Journal A10 (June 29, 2001).

"Through the Smog: What the Court Actually Ruled," The Wall Street Journal A22 (March 1, 2001).

"The Legacy of Election 2000," Reason 47 (March 2001).

"The Only Fair Way," The National Review 37 (December 18, 2000).

"Florida's Lawless Court...," The Wall Street Journal 40A (December 11, 2000).

"End It Now," The Wall Street Journal A26 (November 26, 2000).

"Competing to Make Medicare Worse," The New York Times A31 (September 7, 2000).

"The Price of Judge's Hubris," The Wall Street Journal A18 (June 9, 2000).

"Time Requirement to Become an Attorney Should not be Cut," Los Angeles Daily Journal 6 (December 15, 1999).

"Law Suits Aimed at Guns Probably Won't Hit Crime," The Wall Street Journal A26 (December 9, 1999).

"Visionaries revisited (Hayek and Orwell)," Chicago Sun-Times 30A (November 7, 1999).

"HMO Lawsuits: A Liability for Patients, Too," Wall Street Journal (October 28, 1999).

"Congress's Copyright Giveaway," Wall Street Journal A19 (December 21, 1998).

"Monopoly Is Bad. Trustbusting Can Be Worse," Wall Street Journal (July 6, 1998).

"Sell Your Body, Save a Life," Wall Street Journal A22 (April 16, 1998).

"Big Tobacco's Big Mistake," The New York Times (June 25, 1997).

"PASH Decision Reflects Worldwide Disputes," The Honolulu Advertiser B3 (June 22, 1997).

"Courts should not play with employment act," New Zealand Herald (May 21, 1996).

"The Welfare State's Threat to Religion," The Wall Street Journal, July 27, 1994, at A15

"Reining in the land-use planners," Chicago Tribune 1 p. 23 (July 22, 1994) (with William Mellor).

"Pondering the Kevorkian Question: The right to end suffering belongs to the Individual," Chicago Tribune 1 p. 23 (May 6, 1994).

"Where the Action is: Congress, Not the Supreme Court," Wall Street Journal A19 (April 20, 1994).

"A Takings Exception," The Washington Post A17 (February 23, 1994).

"Organ Transplants: Is Relying On Altruism Costing Lives," The American Enterprise 50 (Nov./Dec. 1993).

"Sex-Blind Jurisprudence Isn't Always Fair," The Wall Street Journal A15 (July 21, 1993).

"Testing the Wall Between Church and State," The Wall Street Journal (December 23, 1992).

"As Unions Decline, Labor Law Constrain the Job Market," The Wall Street Journal A11 (September 2, 1992).

"Diversity Yes, but Without Coercion," Wall Street Journal 19 (April 22, 1992).

"The Riddles of Our Charter's Meaning, Law and Economics Approach to the Bill of Rights," Newsday, Currents Section 46 (December 15, 1991).

"Keep Mandatory Retirement for Tenured Faculty," Scripps Howard News Service (August 26, 1991)

"The Who and the What of Tort Reform," The World & I 465 (Feb. 1989)

"At Issue (Defending the Contract at Will)," 2 Congressional Quarterly's Editorial Research Reports 609 (Nov. 25, 1988).

"The AIDS Commission's Hidden Tax," The Wall Street Journal 12 (June 12, 1988).

"Establish Justice," Reason 35 (May 1988).

"Affirmative Reaction," The New Republic 17 (October 12, 1987).

"Bork Bashing: Easy, Unedifying and Irresponsible," Chicago Tribune Editorial section (August 31, 1987).

"Robert Bork on Business: A Man of Two Clashing Principles," New York Times Business section at 3 (August 23, 1987).

"Private Property Makes a Comeback," Wall Street Journal 28 (July 23, 1987).

"Why Not a Free Market in Evaluating Our Professors," Legal Times 18 (April 6, 1987).

"Age Discrimination Statute: Good Politics, Bad Economics," The Legal Times 10-11 (February 9, 1987).

"A Voyeur's View of the High Court," (review of David O'Brien, The Supreme Court in American Politics ), Wall Street Journal (August 1, 1986).

"Shooting the Insurance Messenger," Chicago Tribune 1, p. 25 (May 30, 1986).

"Death and Deregulation," (review of M. Mintz, At Any Cost, Corporate Greed, Women and the Dalkon Shield ), Wall Street Journal (January 2, 1986).

"Needed: Activist Judges for Economic Rights," Wall Street Journal (November 14, 1985).

"Abolish the Board; Deregulate Unions," New York Times, Business Forum, page 2 (July 20, 1985).

"Simple Rules for a Complex World," Wall Street Journal (June 27, 1985).

"Actual-Malice Rule Should Go," Chicago Tribune (February 18, 1985).

"Asleep at a Constitutional Switch," Wall Street Journal (August 9, 1984).

New Zealand Business Roundtable Publications

What Do We Mean by the Rule of Law? (2005)

Understanding America (2005)

Fairness in a Liberal Society (2005)

A Country is not a Company (2005)

Behavioural Economics (2005)

The Foreshore and Seabed (2005).

How Big Should Government Be? (2005)

Is There Unequal Bargaining Power in the Labour Market (2005)

Affirmative Action: The US Experience and Implications for New Zealand (2005)

Takings, Givings, and Bargain: Multiple Challenges to Limited Government (2004)

The Case for the Flat Tax (2004)

Age Discrimination and Employment Law (1999)

Controlling Company Takeovers: By Regulation or By Contract? (1999)

The Ideological Debate in Education (Educational Forum) (1999)

MMP:The Right Decision? (1999)

Regulatory Reform in Schooling (1999)

Restoring Sanctity of Contract in Employment Relationships (1999)

Telecommunications Regulation (1999)

Towards a Regulatory Constitution (1999)

The Treaty of Waitangi: A Plain Meaning Interpretation

Accident Compensation The Faulty Basis of No-Fault and State Provision (1996)

Back to Basics in the Health Care Debate (1996)

The Concealment, Use and Disclosure of Information (1996)

Economics and the Judges: The Case for Simple Rules and Boring Courts (1996)

Employment Law: Courts and Contracts (1996)

Human Rights and Anti-Discrimination Legislation (1996)

Natural Resource Law (1990) and (Property Rights and Takings (1999)

On-line publications

"Cambridge v. Chicago: An Answer To Dr. Arnold Relman's New Republic Review of Overdose," Pointoflaw.com (August 22, 2007).

"Patents - to nationalise, or otherwise," FT.com (November 7, 2006).

"Patent's downward spiral," FT.com (July 19, 2006).

"The Structural Unity of Real and Intellectual Property," Keynote Address, Aspen Summit (2006) (published by the Progress & Freedom Foundation, also available as a video stream).

"A Kind Word for MercExchange," Financial Times (December 21, 2005).

"Why NZ, and Everybody Else, Needs a Flat Tax," (November 25, 2005).

"Supreme Court Discussion with Stephen Presser," Point ofLaw.com (July 21 to September 20, 2005).

" A short history of product liability law," Point of Law.com (Nov. 10, 2005).

"Two Ways of Viewing IP," Financial Times (April 7, 2005).

"Mad Scientists: Go away, ethics police. Leave the NIH Alone, " Slate (February 15, 2005).

"Why rule out copyright protection for databases?" (December, 2004).

"Why Open Source Software is Not Sustainable," FT. com (October 21, 2004).

"Where Antitrust Law Went Wrong," Financial Times (July 19, 2004).

"Can Intellectual Property Survive Its Critics?" FT.com.

"What are internet services? " Financial Times (October 20, 2003)

"A sore loser on cybertrespass "

"In Defence of the UCITA," Financial Times (April 2, 2003).

"Comments on Lessig on open internet access," The Financial Times (December 14, 2002).

"Rawls Remembered: An appreciation from the Right," National Review Online (November 27, 2002).

"A changing of the antitrust guard," FT.com (Nov. 13, 2002).

"If It Ain't Broke...," Financial Times, FT.com (July 4, 2002).

"Life of Liberty: Robert Nozick, R.I.P.," National Review Online (January 24, 2002).

"Respect Bayer's Patent," OpinionJournal.com (October 25, 2001)

Presentations

Skepticism and Freedom: A New Defense of Classical Liberalism, Bradley Lecture, American Enterprise Institute (February 11, 2002).

The Regrettable Necessity of Contingent Valuation, Cultural Policy Center Conference, "The Contingent Valuation of Culture," Chicago (February 1 - 2, 2002).

What, Me Worry? A Non-Player's Non-Lament," Cultural Policy Center Conference, "Playing By the Rules; The Cultural Policy Challenges of Video Games," Chicago (October 26 - 27, 2001).