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Publications, Presentations and Works in Progress Richard A. Posner Publications ( Books | Articles and Article-Length Monographs | Book Reviews, Comments, and Miscellaneous)
Economic Analysis of Law, 7th ed. (Aspen Law & Business 2007). Countering Terrorism (forthcoming 2007, Hoover Institution and Rowman & Littlefield). The Little Book of Plagiarism (Pantheon Press 2007). Not a Suicide Pact: The Constitution in a Time of National Emergency (Oxford University Press 2006). Uncertain Shield: The U.S. Intelligence System in the Throes of Reform (Hoover Institution and Roman & Littlefield 2006). Remaking Domestic Intelligence (Hoover Institution July 2005). Preventing Surprise Attacks: Intelligence Reform in the Wake of 9/11 (Hoover Institution and Roman & Littlefield 2005). Catastrophe: Risk and Response (Oxford University Press 2004). Public Intellectuals: A Study of Decline (Harvard University Press, paperback edition 2003 (new Preface and Epilogue)). The Economic Structure of Intellectual Property Law (Harvard University Press 2003) (with William M. Landes). Law, Pragmatism, and Democracy (Harvard University Press 2003). Economic Analysis of Law, 6th ed. (Aspen Law & Business 2003). Economic Foundations of Private Law (Edward Elgar Publishing Ltd. 2002) (coedited with Franceso Parisi). Breaking the Deadlock: The 2000 Election and the Courts (Princeton University Press 2001). Antitrust Law (second edition of Antitrust Law: An Economic Perspective ) (University of Chicago Press 2001). Public Intellectuals: A Study of Decline: A Critical Analysis (Harvard University Press 2001). The Economic Structure of the Law: The Collected Economic Essays of Richard A. Posner (3 vols.), Francesco Parisi, ed. (Edward Elgar Publishing Ltd. 2001). Frontiers of Legal Theory (Harvard University Press 2001). An Affair of State: The Investigation, Impeachment, and Trial of President Clinton (Harvard University Press 1999). The Problematics of Moral and Legal Theory (Harvard University Press 1999). Economic Analysis of Law, 5th ed. (Aspen Law & Business 1998). Law and Economics (3 vols.) (Edward Elgar Publishing Ltd. 1997) (coedited with Francesco Parisi). Essays of Richard A. Posner on Economic Analysis of Law (2 vols.), Francesco Parisi, ed. (Edward Elgar Publishing Ltd. 1997). Law and Literature (Harvard University Press 1998) (enlarged and revised edition). Law and Legal Theory in England and America (Clarendon Press/Oxford University Press 1996). The Federal Courts: Challenge and Reform (Harvard University Press 1996) (second edition of The Federal Courts: Crisis and Reform). A Guide to America's Sex Laws (University of Chicago Press 1996) (with Katharine Silbaugh). Aging and Old Age (University of Chicago Press 1995). Overcoming Law (Harvard University Press 1995). Private Choices and Public Health: The AIDS Epidemic in an Economic Perspective (Harvard University Press 1993) (with Tomas J. Philipson). Economic Analysis of Law 4th ed. (Little, Brown 1992). Sex and Reason (Harvard University Press 1992). The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions, and Other Writings of Oliver Wendell Holmes, Jr. (University of Chicago Press 1992). Cardozo: A Study in Reputation (University of Chicago Press 1990). The Problems of Jurisprudence (Harvard University Press, 1990). Law and Literature: A Misunderstood Relation (Harvard University Press 1988). The Economic Structure of Tort Law (Harvard University Press 1987) (with William M. Landes). Economic Analysis of Law, 3d ed. (Little, Brown 1986). The Federal Courts: Crisis and Reform (Harvard University Press, 1985). Tort Law: Cases and Economic Analysis (Little, Brown 1982). The Economics of Justice (Harvard University Press, 1981). Economics of Corporation Law and Securities Regulation (Little, Brown, 1981) (with Kenneth E. Scott). Antitrust: Cases, Economic Notes, and Other Materials, 2d. ed. (West, 1980) (with Frank H. Easterbrook); with 1984-85 Supplement. The Economics of Contract Law (Little, Brown 1978) (with Anthony T. Kronman). Economic Analysis of Law, 2d ed. (Little, Brown 1977). The Workload of the Supreme Court (American Bar Foundation 1976) (with Gerhard Casper). Antitrust Law: An Economic Perspective (University of Chicago Press,1976). Antitrust: Cases, Economic Notes, and Other Materials (West 1974). Economic Analysis of Law (Little, Brown 1973). Articles and Article-Length Monographs . "The Evolution of a Legal Rule," National Bureau of Economic Research Working Paper 13856 (March 2008) (with Anthony Niblett and Andrei Shleifer).
"Convictions," The New Republic 31 (February 27, 2008). "Privacy, Surveillance, and Law," 75 University of Chicago Law Review 245 (2008). "Tribute to Ronald Dworkin," 63 New York University Annual Survey of American Law 9 (2007) . "The New Market for Federal Judicial Law Clerks," 74 University of Chicago Law Review 447 (Spring 2007) (with Christopher Avery, Christine Jolls, Alvin E. Roth). "In Memoriam: Bernard D. Meltzer (1914-2007)," 74 University of Chicago Law Review 435 (Spring 2007). “In Defense of Prometheus” (unpublished, February 2007). “Are American CEOs Overpaid, and, If So, What If Anything Should Be Done about It?” (February 2007). "Cognitive Theory as the Ground of Political Theory in Plato, Popper, Dewey, and Hayek," in Cognition and Economics 253, Elisabeth Krecke, Carine Krecke, and Roger G. Koppl, eds. (2007). "Censorship versus Freedom of Expression in the Arts," in 1 Handbook of the Economics of Art and Culture 309, Victor A. Ginsburgh and David Throsby eds. (2006) (with Tun-Jen Chiang). "Catastrophic Risk: A Social Scientific Approach," American Interest (forthcoming). "The Role of the Judge in the Twenty-First Century," 86 Boston University Law Review 1049 (2006). "Suicide and Risk-Taking: An Economic Approach" (unpublished, April 2006) (coauthored with Gary S. Becker).
"Demand and Supply Trends in Federal and State Courts over the Last Half Century" 8 Journal of Appellate Practice and Process 133 (2006). "Efficient Responses to Catastrophic Risk," 6 Chicago Journal of International Law 511 (2006). "Antitrust in the Not-for-Profit Sector" (National Bureau of Economic ResearchWkg. Paper 12132, March 2006) (with Tomas J. Philipson). "The Reorganized U.S. Intelligence System after One Year," National Security Outlook (Special Edition) (American Enterprise Institute, April 2006). “Judicial Autonomy in a Political Environment,” 38
“Common Law Economic Torts: An Economic and Legal Analysis,” 48 Arizona Law Review 735 (2006).
"Public Policy toward Catastrophes" (unpublished, December 2005). "The Law and Economics Movement: From Bentham to Becker," in The Origins of Law and Economics: Essays by the Founding Fathers 328, Francesco Parisi and Charles K. Rowley, eds. (2005). "The Supreme Court, 2004 Term: Foreword: A Political Court," 119 Harvard Law Review 31 (2005). "One-Sided Contracts in Competitive Consumer Markets," 104
"Law School Rankings," 81 "Intelligence Reform since 9/11: An Organizational Economics Perspective," Fall 2005 Journal of Economic Perspectives 151 (with Luis Garicano). "The Romance of Force: James Fitzjames Stephen on Criminal Law," (unpublished, April 2005). "Vertical Restraints and Antitrust Policy," 72 University of Chicago Law Review 229 (2005). "Catastrophic Risks, Resource Allocation, and Homeland Security," Journal of Homeland Security, (Nov. 1, 2005). "Hayek, Law, and Cognition," 1 NYU Journal of Law & Liberty 147 (2005). "The Effect of U.S. Tort Law, and of Tort-Law Reform, on the Reinsurance Industry," (unpublished, September 2004). "Judicial Behavior and Performance: An Economic Approach," 32 Florida State University Law Review 1259 (2005). "The Law and Economics of Contract Interpretation," 83 Texas Law Review 1581 (2005). "The Federal Trade Commission: A Retrospective," 72 Antitrust Law Journal 761 (2005). "Legal Pragmatism," in The Range of Pragmatism and the Limits of Philosophy 144, Richard Shusterman, ed. (2004). "Intellectual Property: The Law-and-Economics Approach," Journal of Economic Perspectives 57(Spring 2005). "Guido Calabresi's The Costs of Accidents : A Reassessment," 64 Maryland Law Review 12 (2005). "Brandeis and Holmes, Business and Economics, Then and Now," Review of Law and Economics (forthcoming). "The Evolution of Economic Thinking about Legislation and Its Interpretation by Courts," in Theory and Practice of Legislation: Essays in Legisprudence 53, Luc J. Wintgens ed. (2005). "The Law and Economics Movement: From Bentham to Becker," (unpublished, December 2003). "Torture, Interrogation, and Terrorism," in Torture: A Collection 291, Sanford Levinson, ed. (2004). "Law and Economics in Common-Law, Civil-Law, and Developing Nations," 17 Ratio Juris 66 (2004). "Federalism and the Enforcement of Antitrust Laws by State Attorneys General," in Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy 252, Richard A. Epstein and Michael S. Greve, eds. (2004). "Censorship and Free Speech: First Amendment Issues in the Visual Arts," (unpublished, September 2003) (with T. J. Chiang). "The Political Economy of Intellectual Property Law," AEI-Brookings Joint Center for Regulatory Studies (2004) (with William M. Landes). "The 2000 Presidential Election: A Statistical and Legal Analysis," 12 Supreme Court Economic Review 1 (2004). "The Impeachment and Trial of William Clinton," (unpublished, August 2003). "Fair Use and Statutory Reform in the Wake of Eldred," 92 California Law Review 1639 (2004) (coauthored with William F. Patry). "How Long Should a Copyright Last?"50 Journal of the Copyright Society of the U.S.A. 1 (2003). "Legal Pragmatism,"35 Metaphilosophy 147 (2004). "Pragmatic Liberalism versus Classical Liberalism," 71 University of Chicago Law Review 659 (2004). "The Constitutionality of the Copyright Term Extension Act: Economics, Politics, Law, and Judicial Technique in Eldred v. Ashcroft," 2004 Supreme Court Review 143. "An Empirical Analysis of the Patent Court," 71 University of Chicago Law Review 111 (2004) (with William M. Landes). "The Long-Run Growth in Obesity as a Function of Technological Change," Perspectives in Biology and Medicine S87 (Summer 2003 Supplement) (with Tomas J. Philipson). "Misappropriation: A Dirge," 40 Houston Law Review 621 (2003). "John Dewey and the Intersection of Democracy and Law," in Dewey, Pragmatism, and Economic Methodology 167, Elias L. Khalil, ed. (2004). "Animal Rights: Legal, Philosophical, and Pragmatic Perspectives," in Animal Rights: Current Debates and New Directions 51, Martha C. Nussbaum and Cass R. Sunstein, eds. (2004). "Reply: The Institutional Dimension of Statutory and Constitutional Interpretation," 101 Michigan Law Review 952 (2003). "Norms and Values in the Economic Approach to Law," Economic Analysis of Law: A European Perspective, Aristides N. Hatzis, ed. (forthcoming). Law, Economics, and Democracy: Three Lectures in Greece (University of Athens Department of History and Philosophy of Science 2002). "Behavioral Law and Economics: A Critique," Economic Education Bulletin (American Institute for Economic Research Aug. 2002). "Formal versus Substantive Economic Theories of Law" (unpublished, July 2002). "Comment réguler?" (unpublished, May 2002). "Indefinitely Renewable Copyright," University of Chicago Law Review (forthcoming) (with William M. Landes). "The Economics of Presidential Pardons," (unpublished, December 2001) (with William M. Landes). "Legal Scholarship Today," 115 Harvard Law Review 1314 (2002). "Bush v. Gore as Pragmatic Adjudication," in A Badly Flawed Election: Debating Bush v. Gore, the Supreme Court, and American Democracy 187, Ronald Dworkin ed. (2002). "Pragmatism versus Purposivism in First Amendment Analysis," 54 Stanford Law Review 717 (2002). "Regulation and Deregulation in the United States," (unpublished, May 2001). "Florida 2000: A Legal and Statistical Analysis of the Election Deadlock and the Ensuing Litigation," 2000 Supreme Court Review 1. "Antitrust and the New Economy," 68 Antitrust Law Journal 925 (2001). "On Liberty : A Reevaluation," (unpublished, August 2000). "Rorty on Law and Public Policy," (unpublished, August 2000). "Bush v. Gore : Prolegomenon to an Assessment," 68 University of Chicago Law Review 719 (2001). "Dworkin, Polemics, and the Clinton Impeachment Controversy," 94 Northwestern University Law Review 1023 (2000). "The Market for Federal Judicial Law Clerks," (unpublished, January 2000) (with Christopher Avery, Christine Jolls, and Alvin E. Roth). "Employment Discrimination: Age Discrimination and Sexual Harassment," 19 International Review of Law and Economics 421 (1999). "The Law and Economics Movement: From Bentham to Becker," (unpublished, September 1999). "Cost-Benefit Analysis: Definition, Justification, and Comment on Conference Papers," 29 Journal of Legal Studies 1153 (2000). "Orwell versus Huxley: Economics, Technology, Privacy, and Satire," 24 Philosophy and Literature 1 (2000). "The Demand for Human Cloning," 27 Hofstra Law Review 579 (1999) (with Eric A. Posner). "Market Signaling of Personal Characteristics ," (unpublished, January 2000) (with Gertrud M. Fremling). "The Long-Run Growth in Obesity as a Function of Technological Change ," (unpublished, November 1999) (with Tomas J. Philipson). "An Economic Analysis of the Use of Citations in the Law," 2 American Law and Economics Review 381 (2000). "Is the Ninth Circuit Too Large? A Statistical Study of Judicial Quality," 29 Journal of Legal Studies 711 (2000). "Savigny, Holmes, and the Law and Economics of Possession," 86 Virginia Law Review 535 (2000). "Harmless Error," (unpublished, November 1999) (with William M. Landes). "Citations, Age, Fame, and the Web," 29 Journal of Legal Studies 319 (2000) (with William M. Landes). "Relations between Law and Literature," (forthcoming in Irish Jurist ). "The Effects of Deregulation on Competition: The Experience of the United States," 23 Fordham International Law Journal S7 (2000). "The Law and Economics of the Economic Expert Witness," Journal of Economic Perspectives 91, (Spring 1999). "An Economic Approach to the Law of Evidence ," 51 Stanford Law Review 1477 (1999). "Past-Dependency, Pragmatism, and Critique of History in Adjudication and Legal Scholarship," University of Chicago Law Review (forthcoming). "The Speech Market and the Legacy of Schenck," (unpublished, July 1998). "Emotion versus Emotionalism in Law," in The Passions of Law 309, Susan Bandes, ed. (1999). "Against Ethical Criticism: Part Two," 22 Philosophy and Literature 416 (1998). "Rational Choice, Behavioral Economics, and the Law," 50 Stanford Law Review 551 (1998). "Reply to Critics of 'The Problematics of Moral and Legal Theory,'" 111 Harvard Law Review 1796 (1998). "Values and Consequences: An Introduction to Economic Analysis of Law," in Chicago Lectures on Law and Economics 189, Eric A. Posner, ed. (2000). "Bentham's Influence on the Law and Economics Movement," 51 Current Legal Problems 425 (1998). "Professionalisms," 40 Arizona Law Review 1 (1998). "Against Constitutional Theory," 73 New York University Law Review 1 (1998). "The Problematics of Moral and Legal Theory," 111 Harvard Law Review 1637 (1998). "Status Signaling and the Law, with Particular Application to Sexual Harassment," 147 University of Pennsylvania Law Review 1069 (1999) (with Gertrud M. Fremling). "Creating and Enforcing Norms, with Special Reference to Sanctions," 19 International Review of Law and Economics 369 (1999) (with Eric B. Rasmusen). "Conceptions of Legal 'Theory': A Response to Ronald Dworkin," 29 Arizona State Law Journal 377 (1997). "Social Norms, Social Meaning, and Economic Analysis of Law: A Comment," 27 Journal of Legal Studies 553 (1998). "The Demand for Human Cloning," in Clones and Clones: Facts and Fantasies about Human Cloning 233, Martha C. Nussbaum and Cass R. Sunstein, eds. (1998) (with Eric A. Posner). "Creating a Legal Framework for Economic Development," World Bank Research Observer 1 (Feb. 1998). "Narrative and Narratology in Classroom and Courtroom," 21 Philosophy and Literature 292 (1997). "Against Ethical Criticism," 21 Philosophy and Literature 1 (1997). "Social Norms and the Law: An Economic Approach," 87 American Economic Review Papers and Proceedings 365 (May 1997). "Are We One Self or Multiple Selves? Implications for Law and Public Policy," 3 Legal Theory 23 (1997). "Explaining the Variance in the Number of Tort Suits across U.S. States and between the United States and England," 26 Journal of Legal Studies 477 (1997). "The Economics of Legal Disputes over the Ownership of Works of Art and Other Collectibles," in Essays in the Economics of the Arts 177, Victor A. Ginsburgh and Pierre-Michel Menger, eds. (1996) (with William M. Landes). "The Future of Law and Economics in Europe," 17 International Review of Law and Economics 3 (1997). "The Economic Approach to Homosexuality,"in Sex, Preference, and Family: Essays on Law and Nature 173, David M. Estlund and Martha C. Nussbaum, eds. (1997). "Equality, Wealth, and Political Stability," 13 Journal of Law, Economics, and Organization 344 (1997). "The Cost of Rights: Implications for Central and Eastern Europe-and for the United States," 32 Tulsa Law Journal 1 (1996). "Heavily Cited Articles in Law," 71 Chicago-Kent Law Review 825 (1996) (with William M. Landes). "Pragmatic Adjudication," 18 Cardozo Law Review 1 (1996). "Sexual Behaviour, Disease, and Fertility Risk," 1 Risk Decision and Policy 91 (1996) (with Tomas J. Philipson). "Wealth Maximization and Tort Law: A Philosophical Inquiry," in Philosophical Foundations of Tort Law 99, David G. Owen ed. (1996). "Euthanasia and Health Care: Two Essays on the Policy Dilemmas of Aging and Old Age,"in The Tanner Lectures on Human Values, vol. 17, p. 13 (Grethe B. Peterson ed. 1996). "The Costs of Enforcing Legal Rights," Eastern European Constitutional Review 71 (Summer 1995). "Judicial Biography," 70 New York University Law Review 502 (1995). "The Sociology of the Sociology of Law: A View from Economics," 2 European Journal of Law and Economics 265 (1995). "The Economic Epidemiology of Crime," 39 Journal of Law and Economics 405 (1996) (with Tomas J. Philipson). "Judges' Writing Styles (And Do They Matter?)," 62 University of Chicago Law Review 1421 (1995). "The Microeconomics of the AIDS Epidemic in Africa," 21 Population and Development Review 835 (1995) (with Tomas J. Philipson). "A Theoretical and Empirical Investigation of Public Health Subsidies for STD Testing," 105 Quarterly Journal of Economics 445 (1995) (with Tomas J. Philipson). "Economics, Time and Age: Twenty Fifth Geary Lecture," (Economic and Social Research Institute of Ireland 1994). "What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)," 3 Supreme Court Economic Review 1 (1994). "The Economics of Anticipatory Adjudication," 23 Journal of Legal Studies 683 (1994) (with William M. Landes). "Public Spending on AIDS Education: An Economic Analysis," 37 Journal of Law and Economics 17 (1994) (with Tomas J. Philipson). "The Radical Feminist Critique of Sex and Reason," 25 Connecticut Law Review 515 (1993). "Legal Scholarship Today," 45 Stanford Law Review 1627 (1993). "The Material Basis of Jurisprudence," 69 Indiana Law Journal 1 (1993). "Cross-Cultural Differences in Family and Sexual Life: An Economic Analysis," 5 Rationality and Society 421 (1993) (with Gary S. Becker). "Richard Rorty's Politics," 7 Critical Review 33 (1993). "The New Institutional Economics Meets Law and Economics," 149 Journal of Institutional and Theoretical Economics 73 (1993). "Ronald Coase and Methodology," 7 Journal of Economic Perspectives 197 (Fall 1993). "The Influence of Economics on Law: A Quantitative Study," 36 Journal of Law and Economics 385 (1993) (with William M. Landes). "Legal Reasoning from the Top Down and from the Bottom Up: The Question of Unenumerated Constitutional Rights," 59 University of Chicago Law Review 433 (1992). "When Is Parody Fair Use?" 21 Journal of Legal Studies 67 (1992). "Blackmail, Privacy, and Freedom of Contract," 141 University of Pennsylvania Law Review 1817 (1993). "Foreword," in James Fitzjames Stephen, Liberty, Equality, Fraternity 7 (1992). "Democracy and Distrust Revisited," 77 University of Virginia Law Review 641 (1991). "Bork and Beethoven," 42 Stanford Law Review 1365 (1990). "Some Economics of Trade Secret Law," 5 Journal of Economic Perspectives 61 (Winter 1991) (with David D. Friedman and William M. Landes). "What Has Pragmatism to Offer Law?," 63 University of Southern California Law Review 1653 (1990). "Art for Law's Sake," 58 American Scholar 513 (1989). "The Depiction of Law in The Bonfire of the Vanities," 98 Yale Law Journal 1653 (1989). "The Future of Law and Economics: A Comment on Ellickson," 65 Chicago-Kent Law Review 57 (1989). "Philistinism in Law," 16 Northern Kentucky Law Review 515 (1989). "Legislation and Its Interpretation: A Primer," 68 Nebraska Law Review 431 (1989). "An Economic Analysis of Sex Discrimination Laws," 56 University of Chicago Law Review 1311 (1989). "The Ethics and Economics of Enforcing Contracts of Surrogate Motherhood," 5 Journal of Contemporary Health Law and Policy 21 (1989). "Coping with the Caseload: A Comment on Magistrates and Masters," 137 University of Pennsylvania Law Review 2215 (1989). "Conservative Feminism," 1989 University of Chicago Legal Forum 191. "A Comment on Weisberg's Interpretation [of Billy Budd]," 1 Cardozo Studies in Law and Literature 71 (1989). "On Theory and Practice: Reply to 'Richard Posner's Praxis'," 49 Ohio State Law Journal 1077 (1989). "An Economic Analysis of Copyright Law," 18 Journal of Legal Studies 325 (1989) (with William M. Landes). "An Economic Approach to Issues of Religious Freedom," 56 University of Chicago Law Review 1 (1989) (with Michael W. McConnell). "Hegel and Employment at Will: A Comment," 10 Cardozo Law Review 1625 (1989). "Interpreting Law, Interpreting Literature (II)," 8 Raritan: A Quarterly Review 59 (Summer 1988). "The Economics of Trademark Law," 78 Trademark Reporter 267 (1988) (with William M. Landes). "The Jurisprudence of Skepticism," 86 Michigan Law Review 827 (1988). "Interpreting Law, Interpreting Literature," 7 Raritan: A Quarterly Review 1 (Spring 1988). "The Ethics of Wealth Maximization: Reply to Malloy," 36 Kansas Law Review 261 (1988). "Conventionalism: The Key to Law as an Autonomous Discipline?," 38 University of Toronto Law Journal 333 (1988). "The Efficiency and the Efficacy of Title VII," 136 University of Pennsylvania Law Review 513 (1987). "The Constitution as an Economic Document," 56 George Washington Law Review 4 (1987) "What Am I? A Potted Plant?" The New Republic 23 (Sept. 28, 1987). "Trademark Law: An Economic Perspective," 30 Journal of Law and Economics 265 (1987) (with William M. Landes). "The Justice of Economics," 1987-1 Economia delle Scelte Pubbliche 15. "The Law and Economics Movement," 77 American Economic Review Papers and Proceedings 1 (May 1987). "The Regulation of the Market in Adoptions," 67 Boston University Law Review 59 (1987). "Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution," 37 Case Western Reserve Law Review 179 (1987). "The Decline of Law as an Autonomous Discipline: 1962-1987," 100 Harvard Law Review 761 (1987). "New Light on Punitive Damages," Regulation 33 (Sept./Oct. 1986) (with William M. Landes). "Law and Literature: A Relation Reargued," 72 Virginia Law Review 1351 (1986). "Free Speech in an Economic Perspective," 20 Suffolk Law Review 1 (1986). "The Ethical Significance of Free Choice: A Reply to Professor West," 99 Harvard Law Review 1431 (1986). "Law and the Theory of Finance: Some Intersections," 54 George Washington Law Review 159 (1986). "Wealth Maximization Revisited," 2 Notre Dame Journal of Law, Ethics, and Public Policy 85 (1985). "The Summary Jury Trial and Other Methods of Alternative Dispute Resolution: Some Cautionary Observations," 53 University of Chicago Law Review 366 (1986). "Can Lawyers Solve the Problems of the Tort System?" 73 California Law Review 747 (1985). "An Economic Theory of the Criminal Law," 85 Columbia Law Review 1193 (1985). "A Positive Economic Analysis of Products Liability Law," 14 Journal of Legal Studies 535 (1985) (with William M. Landes). "Wealth Maximization and Judicial Decision-Making," 4 International Review of Law and Economics 131 (1984). "Some Economics of Labor Law," 51 University of Chicago Law Review 988 (1984). "Tort Law as a Regulatory Regime for Catastrophic Personal Injuries," 13 Journal of Legal Studies 417 (1984) (with William M. Landes). "The Meaning of Judicial Self-Restraint," 59 Indiana Law Journal 1 (1983). "Statutory Construction-In the Classroom and in the Courtroom," 50 University of Chicago Law Review 800 (1983). "Will the Federal Courts Survive Until 1984? An Essay on Delegation and Specialization of the Judicial Function," 56 University of Southern California Law Review 761 (1983). "Causation in Tort Law: An Economic Approach," 12 Journal of Legal Studies 109 (1983) (with William M. Landes). "Toward an Economic Theory of Federal Jurisdiction," 6 Harvard Journal of Law and Public Policy 41 (1982). "Excessive Sanctions for Governmental Misconduct in Criminal Cases," 57 Washington Law Review 635 (1982). "Economics, Politics, and the Reading of Statutes and Constitutions," 49 University of Chicago Law Review 263 (1982). "Rethinking the Fourth Amendment," 1981 Supreme Court Review 49 (Philip B. Kurland, et al., eds.). "The Positive Economic Theory of Tort Law," 15 Georgia Law Review 851 (1982) (with William M. Landes). "The Present Situation in Legal Scholarship," 90 Yale Law Journal 1113 (1981). "An Economic Theory of Intentional Torts," 1 International Review of Law and Economics 127 (1981) (with William M. Landes). "A Reply to Some Recent Criticisms of the Efficiency Theory of the Common Law," 9 Hofstra Law Review 775 (1981). "Divestiture, Deconcentration, and Antitrust Policy," in Kontroll von Marktmacht nach deutschen, europaischem und amerikanischem Kartellrecht 58 (FIW-Schriftenreihe, Heft 98, 1981). "Lawyers as Philosophers: Ackerman and Others," 1981 American Bar Foundation Research Journal 231. "The Concept of Corrective Justice in Recent Theories of Tort Law," 10 Journal of Legal Studies 187 (1981). "Social Investing and the Law of Trusts," 79 Michigan Law Review 72 (1980) (with John H. Langbein). "Market Power in Antitrust Cases," 94 Harvard Law Review 937 (1981) (with William M. Landes). "The Economics of Privacy," 71 American Economic Review Papers and Proceedings 405 (May 1981). "The Next Step in the Antitrust Treatment of Restricted Distribution: Per Se Legality," 48 University of Chicago Law Review 6 (1981). "Contribution among Antitrust Defendants: A Legal and Economic Analysis," 23 Journal of Law and Economics 331 (1980) (with Frank H. Easterbrook and William M. Landes). "The Economics of Passing On: A Reply to Harris and Sullivan," 128 University of Pennsylvania Law Review 1274 (1980) (with William M. Landes). "Joint and Multiple Tortfeasors: An Economic Analysis," 9 Journal of Legal Studies 517 (1980) (with William M. Landes). "The Value of Wealth: A Comment on Dworkin and Kronman," 9 Journal of Legal Studies 243 (1980). "Optimal Sentences for White Collar Criminals," 17 American Criminal Law Review 409 (1980). "The Ethical and Political Basis of the Efficiency Norm in Common Law Adjudication," 8 Hofstra Law Review 487 (1980). "The Uncertain Protection of Privacy by the Supreme Court," 1979 Supreme Court Review 173 (Philip B. Kurland and Gerhard Casper eds.) "Retribution and Related Concepts of Punishment," 9 Journal of Legal Studies 71 (1980). "Legal Change, Judicial Behavior, and the Diversity Jurisdiction," 9 Journal of Legal Studies 367 (1980) (with William M. Landes). "Benefits and Costs of Airline Mergers: A Case Study," 11 Bell Journal of Economics 65 (1980) (with Dennis W. Carlton and William M. Landes). "Anthropology and Economics," 88 Journal of Political Economy 608 (1980). "A Theory of Primitive Society, with Special Reference to Law," 23 Journal of Law and Economics 1 (1980). "Information and Antitrust: Reflections on the Gypsum and Engineers Decisions," 67 Georgetown Law Journal 1187 (1979). "Should Indirect Purchasers Have Standing to Sue under the Antitrust Laws? An Economic Analysis of the Rule of Illinois Brick," 46 University of Chicago Law Review 602 (1979) (with William M. Landes). "Epstein's Tort Theory: A Critique," 8 Journal of Legal Studies 457 (1979). "Some Uses and Abuses of Economics in Law," 46 University of Chicago Law Review 281 (1979). "Privacy, Secrecy, and Reputation," 28 Buffalo Law Review 1 (1979). "The Chicago School of Antitrust Analysis," 127 University of Pennsylvania Law Review 925 (1979). "The Antitrust Decisions of the Burger Court," 47 Antitrust Law Journal 819 (1979). "The Bakke Case and the Future of 'Affirmative Action,'" 67 California Law Review 171 (1979) "Utilitarianism, Economics, and Legal Theory," 8 Journal of Legal Studies 103 (1979). "The Federal Trade Commission's Mandated-Disclosure Program: A Critical Analysis," in Harvey J. Goldschmid, ed., Business Disclosure: Government's Need to Know 331 (1979). "The Homeric Version of the Minimal State," 90 Ethics 27 (1979). "Adjudication as a Private Good," 8 Journal of Legal Studies 235 (1979) (with William M. Landes). "An Approach to the Regulation of Bank Holding Companies," 51 Journal of Business 379 (1978) (with Fischer Black and Merton H. Miller). "An Economic Theory of Privacy," Regulation 19 (May/June 1978). "The Right of Privacy," 12 Georgia Law Review 393 (1978). "The Rule of Reason and the Economic Approach: Reflections on the Sylvania Decision," 45 University of Chicago Law Review 1 (1977). "Altruism in Law and Economics," 68 American Economic Review Papers and Proceedings 417 (May 1978) (with William M. Landes). "The Caseload of the Supreme Court: 1975 and 1976 Terms," 1977 Supreme Court Review 87 (Philip B. Kurland & Gerhard Casper eds.) (with Gerhard Casper). "The Economics of the Baby Shortage," 7 Journal of Legal Studies 323 (1978) (with Elisabeth M. Landes). "Salvors, Finders, Good Samaritans, and Other Rescuers: An Economic Study of Law and Altruism," 7 Journal of Legal Studies 83 (1978) (with William M. Landes). "Gratuitous Promises in Economics and Law," 6 Journal of Legal Studies 411 (1977). "Impossibility and Related Doctrines in Contract Law: An Economic Analysis," 6 Journal of Legal Studies 83 (1977) (with Andrew M. Rosenfield). "Market Funds and Efficient Markets: A Reply," 62 American Bar Association Journal 1616 (1976) (with John H. Langbein). Market Funds and Trust-Investment Law: II," 1977 American Bar Foundation Research Journal (with John H. Langbein). "Legal Precedent: A Theoretical and Empirical Analysis," 19 Journal of Law & Economics 249 (1976) (with William M. Landes). The Robinson-Patman Act: Federal Regulation of Price Differences (American Enterprise Institute 1976). "The Revolution in Trust Investment Law," 62 American Bar Association Journal 887 (1976) (with John H. Langbein). "Blackstone and Bentham," 19 Journal of Law & Economics 569 (1976). "The Rights of Creditors of Affiliated Corporations," 43 University of Chicago Law Review 493 (1976). "Oligopolistic Pricing Suits, the Sherman Act, and Economic Welfare (Symposium): A Reply to Professor Markovits," 28 Stanford Law Review 903 (1976). "The Prudent Investor's Powers and Obligations in an Age of Market (Index) Funds," in Evolving Concepts of Prudence 19 (Financial Analysts Research Foundation 1976); also in 5 Journal of Contemporary Business 85 (Summer 1976). "Market Funds and Trust-Investment Law," 1976 American Bar Foundation Research Journal 1 (with John H. Langbein). "The Independent Judiciary in an Interest-Group Perspective," 18 Journal of Law & Economics 875 (1976) (with William M. Landes). "The Supreme Court and Antitrust Policy: A New Direction?" 44 Antitrust Law Journal 141 (1975). "A Comment on No-Fault Insurance for All Accidents," 13 Osgoode Hall Law Journal 471 (1975). "The Social Costs of Monopoly and Regulation," 83 Journal of Political Economy 807 (1975). "The Economic Approach to Law," 53 Texas Law Review 758 (1975). "Antitrust Policy and the Supreme Court: An Analysis of the Restricted Distribution, Horizontal Merger and Potential Competition Decisions," 75 Columbia Law Review 282 (1975). "The DeFunis Case and the Constitutionality of Preferential Treatment of Racial Minorities," 1974 Supreme Court Review 1 (Philip B. Kurland ed.). "The Private Enforcement of Law," 4 Journal of Legal Studies 1 (1975) (with William M. Landes). "Power in America: The Role of the Large Corporation," in J. Fred Weston ed., Large Corporations in a Changing Society 91 (1975). "A Study of the Supreme Court's Caseload," 3 Journal of Legal Studies 399 (1974) (with Gerhard Casper). "Exclusionary Practices and the Antitrust Laws," 41 University of Chicago Law Review 506 (1974). "Problems of a Policy of Deconcentration," in Harvey J. Goldschmid, et al. eds., Industrial Concentration: The New Learning 393 (1974). "Theories of Economic Regulation," 5 Bell Journal of Economics & Management Science 155 (1974). "Certificates of Need for Health Care Facilities: A Dissenting View," in Clark C. Havighurst, ed., Regulating Health Facilities Construction 113 (1974). "An Economic Analysis of Legal Rulemaking," 3 Journal of Legal Studies 257 (1974) (with Isaac Ehrlich). "Truth in Advertising: The Role of Government," in Yale Brozen ed., Advertising and Society 111 (1974). "The Probable Effects of Pay Cable Television on Culture and the Arts," in Richard Adler & Walter S. Baer, eds., The Electronic Box Office: Humanities and Arts on the Cable 79 (1974). Regulation and Advertising by the FTC (American Enterprise Institute 1973). "Economic Justice and the Economist," Public Interest 109 (Fall 1973). "An Economic Approach to Legal Procedure and Judicial Administration," 2 Journal of Legal Studies 399 (1973). "Reflections on Consumerism," University of Chicago Law School Record 19 (Spring 1973). "Strict Liability: A Comment," 2 Journal of Legal Studies 205 (1973). "The Appropriate Scope of Regulation in the Cable Television Industry," 3 Bell Journal of Economics & Management Science 98 (1972). Market Transfers of Water Rights: Toward an Improved Market in Water Resources, National Water Commission, Legal Study No. 4, Final Report, July 1, 1972, published by National Technical Information Service (with Charles J. Meyers). "The Behavior of Administrative Agencies," 1 Journal of Legal Studies 305 (1972); also in Gary S. Becker & William M. Landes, eds., Essays in the Economics of Crime and Punishment 215 (1974). "A Theory of Negligence," 1 Journal of Legal Studies 29 (1972). "Killing or Wounding to Protect a Property Interest," 14 Journal of Law & Economics 201 (1971). "Regulatory Aspects of National Health Insurance Plans," 39 University of Chicago Law Review 1 (1971). "Taxation by Regulation," 2 Bell Journal of Economics & Management Science 22 (1971). "A Program for the Antitrust Division," 38 University of Chicago Law Review 500 (1971). "Natural Monopoly and Its Regulation: A Reply," 22 Stanford Law Review 540 (1970). "A Statistical Study of Antitrust Enforcement," 13 Journal of Law & Economics 365 (1970). "Antitrust Policy and the Consumer Movement," 15 Antitrust Bulletin 361 (1970). Cable Television: The Problem of Local Monopoly, RAND Memorandum RM-6309-FF (May 1970). "Conglomerate Mergers and Antitrust Policy: An Introduction," 44 St. John's Law Review (special edition) 259 (1970). "The Provision of Data-Processing Services by Communications Common Carriers," in R. Dunn, Policy Issues Presented by the Interdependence of Computer and Communications Services (Stanford Research Institute Rep. No. 7379B-1, February 1969). "The Federal Trade Commission," 37 University of Chicago Law Review 47 (1969). "Advertising and Product Differentiation," 2 Antitrust Law & Economics Review 47 (1969). "Oligopoly and the Antitrust Laws: A Suggested Approach," 21 Stanford Law Review 1562 (1969). "Natural Monopoly and Its Regulation," 21 Stanford Law Review 518 (1969). Book Reviews, Comments, and Miscellaneous
“In Memoriam: Bernard D. Meltzer,” University of "Enlightened Despot," The New Republic 53 (April 23, 2007) (Review of Aharon Barak, The Judge in a Democracy [2006]). “Time to Rethink the FBI,” Wall Street Journal A13 (March 19, 2007). "Penal Theory in Paradise Lost," 105 Michigan Law Review 1049 (2007) (with Jillisa Brittan). “In Defense of Plagiarism: No Harm, No Foul Is What the Law Ought to Be,” Forbes 32 (Jan. 29, 2007). “How to Make the Poor Poorer,” Wall Street Journal A22 (Jan. 26, 2007) (with Gary S. Becker). "'How to Skip the Constitution'--An Exchange," New York Review of Books 63 (Jan. 11, 2007) (with David Cole). "Essay: Law Reviews," 46 Washburn Law Journal 155 (Fall 2006).
"The Constitution in a Time of National Emergency: An Interview with Judge Richard Posner" (James Landman, interviewer), 70 Social Education 446 (2006). American Constitution Society: Debate Series: "Posner Responds to Stone Proposal," (Sept. 21, 2006), "Posner Responds to Stone Responding to Posner," (Sept. 25, 2006). "Foreword," Richard E. Levy, The Power to Legislate: A Reference Guide to the United States Constitution xiii (2006). "The Constitution vs. Counterterrorism," Wall Street Journal A12 (August 22, 2006).
"We Need Our Own MI5," Washington Post A13 (Aug. 15, 2006).
"What Is Law and Economics Today? An American View," 1 New Frontiers of Law and Economics 89 (2006). Debate with Geoffrey R. Stone on Civil Liberties and National Security, University of Chicago Faculty Blog (June 19, 2006). "The Lessons of Toronto and Domestic Intelligence," Chicago Tribune C21 (June 8, 2006). "Our Intelligence Quotient," Wall Street Journal A14 (May 15, 2006).
Panel Discussion, “Panel One: The State of the Debate,” in “Presidential Powers: An American Debate” (Center on Law and Security, New York University School of Law, Apr. 25, 2006).
"A Tribute to Ronald Dworkin -- And a Note on Pragmatic Adjudication," New York University Annual Review of American Law (forthcoming). "The Economics of Capital Punishment," The Economists' Voice (March 2006). "The Courthouse Mice," Review of Todd C. Peppers, Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk (2006), and Artemus Ward and David L. Weiden, Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court (2006), New Republic 32 (June 5 & 12, 2006). "How I Work," Fortune 82 (Mar. 20, 2006). "A New Surveillance Act: A Better Way to Find the Needle in the Haystack," Wall Street Journal A16(Feb. 15, 2006). "Tap Dancing: A TNR Online Debate with Philip B. Heymann," New Republic Online, January 31 2006, February 2, 2006, February 5, 2006. "Wire Trap: What If Wiretapping Works?" New Republic 15 (Feb. 2, 2006). "Our Domestic Intelligence Crisis," Washington Post A31 (Dec. 21, 2005). "Justice Breyer Throws Down the Gauntlet," Review of Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005), 115 Yale Law Journal 1699 (2006). "Transaction Costs and Antitrust Concerns in the Licensing of Intellectual Property," in Direito Empresarial: Aspectos Atuais de Direito Empresarial Brasileiro e Comparado 519, Ecio Perin Junior, Daniel Kalansky, and Luis Peyser eds. (2005). "Our Incompetent Government," New Republic 23 (Nov. 14, 2005). "Community and Conscription," in Rethinking Commodification: Cases and Readings in Law and Culture 128, Martha C. Ertman and Joan C. Williams eds. (2005). "What's Wrong with the Patriot Act?" Legal Affairs (Oct. 2005) (debate with Geoffrey R. Stone). "Do We Have Too Many Intellectual Property Rights?" 9 Marquette Intellectual Property Law Review 173 (2005). "Review of Steven Shavell, Foundations of Economic Analysis of Law (2004)" 44 Journal of Economic Literature 405 (2006). "Foreword," in Francisco González de Cossio, Competencia Económica: Aspectos Jurídicos y Económicos xi (2004). "The Importance of Property Rights in the Common Law Tradition," Economic Education Bulletin 67 (May 2005). "Bad News," New York Times Book Review 1 (July 31, 2005). "Danger in 'Fixing' CIA," Los Angeles Times B13 (May 24, 2005). "Fair Use after Eldred: Debate with Alex Kozinski," Journal of the Copyright Society of the U.S.A. (forthcoming). "Intelligence Critique Fatigue," Washington Post A19 (Apr. 6, 2005). "Surprise Attacks and the Limits of Intelligence," Commentary 50 (April 2005). "Important Job, Impossible Position: Why No One Wants to Be Director of National Intelligence," New York Times A27 (Feb. 8, 2005). "Vertical Restrictions and Fragile Monopoly," 50 Antitrust Law Bulletin 499 (2005). "The Probability of Catastrophe...," Wall Street Journal A12 (Jan. 4, 2005). "Murder They Wrote," Review of Stephen Kern, A Cultural History of Causality: Science, Murder Novels, and Systems of Thought [2004], 306 Science 2193 (2004). "Blinkered," Review of Malcolm Gladwell, Blink: The Power of Thinking without Thinking, New Republic 27 (January 24, 2005). "The Becker-Posner Blog," http://becker-posner-blog.com/. Guest Blogger, "Leiter Reports," View Blog Online. "Eldred and Fair Use," The Economists' Voice (September 2004) http://www.bepress.com/ev/vol1/iss1/art3. "CSI: Guest Blogger, "Lessig Blog,"Aug. 23 - 29, 2004, http://www.lessig.org/blog/archives/2004_08.shtml. "The 9/11 Report: A Dissent," Review of Final Report of the National Commission on Terrorist Attacks upon the United States, New York Times Book Review 1 (Aug. 29, 2004). "Law, Pragmatism, and Democracy: A Response to Ilya Somin," 16 Critical Review 465 (2004). "Constitutional Law from a Pragmatic Perspective," Review of David M. Beatty, The Ultimate Rule of Law [2004], 55 University of "Against the Law Reviews," Legal Affairs (November/December 2004). "The People's Court," Review of Larry D. Kramer, The People Themselves: Popular Constitutionalism and Judicial Review [2004], New Republic 32 (July 19, 2004). "Misjudged," New Republic 4 (May 17, 2004). "No Thanks, We Already Have Our Own Laws: The Court Should Never View a Foreign Legal Decision as a Precedent in Any Way," Legal Affairs 40 (July/August 2004). "Foreword," in Aspasia Tsaoussis-Hatzis, The Greek Divorce Law Reform of 1983 and Its Impact on Homemakers: A Social and Economic Analysis ix (2003). "Richard Posner Replies [to Evan Gerstmann]," New Republic 5 (February 16, 2004). "Community and Conscription," in Rethinking Commodification: Readings in Law and Culture (forthcoming). "Smooth Sailing," Legal Affairs 40 (Jan./Feb. 2004). "Civil Liberties and National Security: The Pragmatic Approach," (unpublished, December 2003). "Democracy and Judiciary: A Comment on Aulis Aarnio, The Court System and Democracy," Ratio Juris (forthcoming). "Wedding Bell Blues," Review of Evan Gerstmann, Same-Sex Marriage and the Constitution [2004], New Republic 33 (Dec. 22, 2003). "Pragmatic Liberalism Defended," 71 University of Chicago Law Review 683 (2004). "The End Is Near," Review of Margaret Atwood, Oryx and Crake (2003), New Republic 31 (Sept. 22, 2003). "Law and Economics in Common Law and Civil Law Nations," 7 Associations: Journal for Legal and Social Theory 77 (2003). "Hayek, the Mind, and Spontaneous Order: A Critique," Transactional Viewpoints 1 (Summer 2003). "Desperate Times, Desperate Measures," Review of Daniel Farber, Lincolns Constitution, New York Times Book Review 20 (August 24, 2003). "Richard A. Posner Replies [to William A. Galston]," New Republic 5 (July 28 & Aug. 4, 2003). "An Army of the Willing: Why Conscription Does Not Serve Community," New Republic 27 (May 19, 2003). "Desperate Times, Desperate Measures," Review of Daniel Farber, Lincoln's Constitution, New York Times Book Review 20 (Aug. 24, 2003). "The Anti-Hero," Review of Bruce Allen Murphy, Wild Bill: The Legend and Life of William O. Douglas (2003), New Republic 27 (February 24, 2003). "The Oligarch," Review of Daniel Kelly, James Burnham and the Struggle for the World: A Life [2002], New Republic 39 (Dec. 23, 2002). "Dewey and Democracy: A Critique," Transactional Viewpoints 1 (Summer 2002). "The Economics of Business Scandals and Financial Regulation," unpublished (October 2002). "Richard A. Posner Replies [to Laurence H. Tribe]," New Republic 4 (Oct. 14, 2002). "Reflections on an America Transformed," New York Times (national ed.) (Sept. 8, 2002). "The Best Offense," Review of Alan M. Dershowitz, Why Terrorism Works [2002] New Republic 28 (Sept. 2, 2002). "Public Intellectual Par Excellence," Review of Christopher Hitchens, Why Orwell Matters [2002], Wilson Quarterly 111 (Autumn 2002). "Clinical and Theoretical Approaches to the Teaching of Evidence and Trial Advocacy," Quinnipiac Law Review (forthcoming). "Foreword," in Antitrust Law, 2d ed. (2001; Korean translation forthcoming). "How I Approach the Decision of an ERISA Case," 2002 New York University Review of Employee Benefits and Executive Compensation 141. "The University as Business," Atlantic Monthly 21 (June 2002). "Capital Crimes," Review of Stuart Banner, The Death Penalty: An American History [2002], New Republic 32 (April 1 & 8, 2002). "On Plagiarism," Atlantic Monthly 23 (April 2002). "Bush v. Gore: Reply to Friedman," 29 Florida State University Law Review 871 (2001). "Richard A. Posner Replies," Atlantic Monthly 16 (March 2002). "In Over Their Heads," Boston Globe C1 (January 27, 2002). "Diary," Slate (Jan. 14 - 18, 2002). "The Professors Profess," Atlantic Monthly 26 (February 2002). "Strong Fiber After All," Atlantic Monthly 22 (January 2002). "Security versus Civil Liberties," Atlantic Monthly 46 (December 2001). "The Accidental Jurist," Review of R. Kent Newmyer, John Marshall and the Heroic Age of the Supreme Court [2001]), New Republic 36 (December 17, 2001). "Legal Writing Today," 8 Scribes Journal of Legal Writing 25 (2001 2002). "The Law & Economics of Intellectual Property," Daedalus 5 (Spring 2002). "Opinion," in Symposium: At the Crossroads of Law & Technology: Second Annual, 14 Loyola of Los Angeles Law Review 1345 (2001). "Preface," in The Law and Economics of the Environment xv, Anthony Heyes, ed. (2001). "Against Footnotes," Court Review 24 (Summer 2001). "Dialogue: Animal Rights," Slate (June 12-15, 2001) (with Peter Singer). "Dialogue: The Supreme Court and the 2000 Election," Slate (July 2-3, 6, 9, 2001) (with Alan Dershowitz). "Comment on Lempert on Posner," 87 Virginia Law Review 1713 (2001). "Foreword," in Michael J. Whincop and Mary Keyes, Policy and Pragmatism in the Conflict of Laws xiv (2001). "Forum: The Triumph of Expedience: How America Lost the Election to the Courts," Discussion with Pamela Karlan, Harper's Magazine, 31 (May 2001). "Liberalismo e mercato," in La Liberta dei Moderni tra Liberalismo e Democrazia: Atti del Convegno di Societa Milano 151617 Ottobre 1999, 152 (Oct. 2000). "Sex, Economics, and Other Legal Matters: An Interview with Richard A. Posner," Reason 36 (April 2001) (interview by Steve Kurtz). "Bush v. Gore: Prolegomenon to an Assessment, " 68 University of Chicago Law Review 719 (2001). "Prologo," in Derecho y Economa: Una Revisin de la Literatura 9, Andrs Roemer, ed. (2000). "The Ethics of Judicial Commentary: A Reply to Lubet," Court Review 6 (Summer 2000). "Against Medical Privacy," (unpublished, October 2000). "The Law of the Beholder" Review of Anthony G. Amsterdam and Jerome Bruner, Minding the Law [2000], New Republic 49 (Oct. 16, 2000). "What Has Modern Literary Theory to Offer Law?" Review of Guyora Binder and Robert Weisberg, Literary Criticisms of Law [2000] (unpublished, August 2000). "Eguaglianza economica e libert politica," Biblioteca della libert, No. 153, p. 3 (2000). "Let Them Talk," Review of Peter Brooks, Troubling Confessioins: Speaking Guilt in Law and Literature, New Republic 42 (Aug. 21, 2000). "Legal Theory," in Encyclopedia Britannica (forthcoming). "Mediation," (unpublished, June 2000). "On the Alleged 'Sophistication' of Academic Moralism," 94 Northwestern University Law Review 1017 (2000). Review of Steven M. Wise, Rattling the Cage: Toward Legal Rights for Animals (unpublished, June 2000). "'An Affair of State'": An Exchange," New York Review of Books 60 (April 27, 2000) (with Ronald Dworkin). "Prólogo," in Derecho y EconomÃa: Una Revisión de la Literatura 9, Andrés Roemer ed. (2000). "Let Employers Insist If Three Years of Law School Is Necessary," Los Angeles Daily Journal 6 (Dec. 15, 1999). "The Moral Minority," Review of Gertrude Himmelfarb, One Nation, Two Cultures [1999], New York Times Book Review 14 (Dec. 19, 1999). Review of Jeremy Waldron, Law and Disagreement (1999), 100 Columbia Law Review 582 (2000). "Ask, Tell," Review of William N. Eskridge, Jr., Gaylaw: The Apartheid of the Closet [1999], New Republic 52 (Oct. 11, 1999). "Analisi economica del diritto pubblico e penale: una rassegna," Biblioteca della libert, No. 149, p. 37 (1999) (with Francesco Parisi). "Cultural Studies and the Law," Review of Paul W. Kahn, The Cultural Study of Law; Reconstructing Legal Scholarship [1999], Raritan 42 (Fall 1999). "Appeal and Consent," Review of Mark Tushnet, Taking the Constitution away from the Courts [1999], New Republic 36 (Aug. 16, 1999). "Judicial Case Management," 1999-2000 Inner Temple Yearbook 58. "Analisi economica del diritto privato e commerciale: una rassegna," Biblioteca della libert, No. 148, p. 3 (1999) (with Francesco Parisi). "In the Fraud Archives," Review of Janet Malcolm, The Crime of Sheila McGough, New Republic 29 (April 19, 1999). "Scuole e tendenze nell'analisi economica del diritto," Biblioteca della libert, No. 147, p. 3 (1998) (with Francesco Parisi). "Preface" to "Natural Monopoly and Its Regulation-30th Anniversary Edition" (Cato Institute 1999). "Foreword," in Encyclopedia of Law and Economics, vol. I: The History and Methodology of Law and Economics xii, Boudewijn Bouckaert & Gerrit De Geest, eds. (2000). "Corrective Justice," in 2 The Philosphy of Law: An Encyclopedia 163, Christopher Berry Gray, ed. (1999). "Trials without Truth, Sentencing without Justice," Review of William T. Pizzi, Trials without Truth: Why Our System of Criminal Trials Has Become an Expensive Failure and What We Need to Do to Rebuild It, and Kate Sith and Jos A. Cabranes, Fear of Judging: Sentencing Guidelines in the Federal Courts, Times Literary Supplement 9 (Feb. 26, 1999). "Introduction to Baxter Symposium," 51 Stanford Law Review 1007 (1999). "From the Bench: Convincing a Federal Court of Appeals," Litigation 3 (Winter 1999). "The Closed Enterprise System-Nader on Antitrust," New Republic 11 (June 26, 1971). Review of Sutherland, The Monopolies Commission in Action, 44 Journal of Business 236 (1971). Review of Calabresi, The Costs of Accidents: A Legal and Economic Analysis, 37 University of Chicago Law Review 636 (1970). Separate Statement of Richard A. Posner, in Report of the ABA Commission to Study the Federal Trade Commission 92 (Sept. 15, 1969). Review of Alexander, Honesty and Competition, 56 California Law Review 928 (1968). Review of Myres McDougal et al., Law and Public Order in Space, 77 Harvard Law Review 1370 (1964).
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