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Frank H. Easterbrook : Publications

Books (Author)

    The Economic Structure of Corporate Law (Harvard University Press, 1991) (edited with Daniel R. Fischel). [CU]

    Antitrust: Cases, Economic Notes and Other Materials, 1984 Supplement (West Publishing Company, 1984) (with Richard A. Posner). [CU]

    Antitrust: Cases, Economic Notes, and Other Materials, 1982 Supplement (West Publishing Company, 1982) (with Richard A. Posner). [CU]

    Antitrust: Cases, Economic Notes and Other Materials (2d ed.) (West Publishing Company, 1981) (edited with Richard A. Posner). [CU]

Journal Articles

    "Plea Bargaining is a Shadow Market," 51 Duquesne Law Review 551 (2013). [CU]

    "Federalism and Commerce," 36 Harvard Journal of Law and Public Policy 935 (2013). [CU]

    "Friedman Lecture in Appellate Advocacy," 23 Federal Circuit Bar Journal 1 (2013). [CU]

    "Showcase Panel IV: A Federal Sunset Law," 16 Texas Review of Law & Politics 339 (2012) (with William N. Eskridge, Jr., Philip K. Howard & Thomas W. Merrill). [CU]

    "Dialogue with Federal Judges on the Role of History in Interpretation," 80 George Washington Law Review 1889 (2012) (with Diane P. Wood& Jeffrey S. Sutton & Reena Raggi). [CU] [WWW]

    "Judges as Honest Agents," 33 Harvard Journal of Law and Public Policy 915 (2010). [CU]

    "The Race for the Bottom in Corporate Governance," 95 Virginia Law Review 685 (2009). [CU]

    "The Chicago School and Exclusionary Conduct," 31 Harvard Journal of Law and Public Policy 439 (2008). [CU]

    "Originalism and Pragmatism: Pragmatism's role in Interpretation," 31 Harvard Journal of Law and Public Policy 901 (2008). [CU]

    "On Constitutional Changes to Limit Government," 102 Northwestern University Law Review 469 (2008). [CU]

    "Chicago on Vertical Restrictions," 3 Competition Law International 3 (2007). [CU]

    "Foreign Sources and the American Constitution," 30 Harvard Journal of Law and Public Policy 223 (2006). [CU]

    "Contract and Copyright," 42 Houston Law Review 953 (2005). [CU]

    "Judicial Discretion in Statutory Interpretation," 57 Oklahoma Law Review 1 (2004). [CU]

    "When Does Competition Improve Regulation?," 52 Emory Law Journal 1297 (2003). [CU]

    "When Is It Worthwhile to Use Courts to Search for Exclusionary Conduct?," 2003 Columbia Business Law Review 345 (2003). [CU]

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

    "Do Liberals and Conservatives Differ in Judicial Activism?," 73 University of Colorado Law Review 1403 (2002). [CU]

    "Information and Antitrust Antitrust in the Information Age," 2000 University of Chicago Legal Forum 1 (2000). [CU]

    "21st Century Federalism-A Tenth Amendment and Enumerated Powers Revival," 1 Engage 60 (2000). [CU]

    "The Case of the Speluncean Explorers: Revisited," 112 Harvard Law Review 1913 (1999). [CU]

    "Does Antitrust Have a Comparative Advantage?," 23 Harvard Journal of Law and Public Policy 5 (1999). [CU]

    "Cyberspace versus Property Law," 4 Texas Review of Law and Politics 103 (1999). [CU]

    "Formalism, Functionalism, Ignorance, Judges," 22 Harvard Journal of Law and Public Policy 13 (1998). [CU]

    "Textualism and the Dead Hand," 66 George Washington Law Review 1119 (1998). [CU]

    "Modern Discovery Practice: Search for Truth or Means of Abuse?," 41 New York Law School Law Review 453 (1997). [CU]

    "Adversary Inferences," 20 Harvard Journal of Law and Public Policy 503 (1997). [CU]

    "International Corporate Differences: Markets or Law?," 9 Journal of Applied Corporate Finance 23 (1997). [CU]

    "Cyberspace and the Law of the Horse," 1996 University of Chicago Legal Forum 207 (1996). [CU]

    "Detrebling Antitrust Damages," 26 Journal of Reprints for Antitrust Law and Economics 379 (1996) (originally published in 28 Journal of Law & Economics 445 1985). [CU]

    "Alternatives to Originalism," 19 Harvard Journal of Law and Public Policy 479 (1996). [CU]

    "Contribution among Antitrust Defendants: A Legal And Economic Analysis," 26 Journal of Reprints for Antitrust Law and Economics 337 (1996) (originally published as 23 Journal of Law & Economics 331 1980). [CU]

    "A Self-Study of Federal Judicial Rulemaking," 168 West's Federal Rules Decisions 679 (1996) (with Thomas E. Baker). [CU]

    "The State of Madison's Vision of the State," 107 Harvard Law Review 1328 (1994). [CU]

    "Text, History, and Structure in Statutory Interpretation," 17 Harvard Journal of Law and Public Policy 61 (1994). [CU]

    "Federalism and European Business Law," 14 International Review of Law and Economics 125 (1994). [CU]

    "Unitary Executive Interpretation: A Comment," 15 Cardozo Law Review 313 (1993). [CU]

    "Contract and Fiduciary Duty," 36 Journal of Law and Economics 425 (1993) (with Daniel R. Fischel). [CU]

    "The Demand for Judicial Review," 88 Northwestern Law Review 372 (1993). [CU]

    "Abstraction and Authority," 59 University of Chicago Law Review 349 (1992). [CU]

    "Plea Bargaining as Compromise," 101 Yale Law Journal 1969 (1992). [CU]

    "Regulation and Responsibility: A Note on Banking," 77 Cornell Law Review 1079 (1992). [CU]

    "Monopolization: Past, Present, Future," 61 Antitrust Law Journal 99 (1992). [CU]

    "Bills of Rights and Regression to the Mean," 15 Harvard Journal of Law and Public Policy 71 (1992). [CU]

    "Some Tasks in Understanding Law Through the Lens of Public Choice," 12 International Review of Law and Economics 284 (1992). [CU]

    "Congress, the Courts, and the Bill of Rights (Introduction and Comment)," 23 Cumberland Law Review 91 (1992). [CU]

    "Civil Rights and Remedies," 14 Harvard Journal of Law and Public Policy 103 (1991). [CU]

    "High-Yield Debt as an Incentive Device," 11 International Review of Law and Economics 183 (1991). [CU]

    "Intellectual Property Is Still Property," 13 Harvard Journal of Law and Public Policy 108 (1990). [CU]

    "What's So Special about Judges?," 61 University of Colorado Law Review 773 (1990). [CU]

    "Success and the Judicial Power," 65 Indiana Law Journal 277 (1990). [CU]

    "What Does Legislative History Tell Us?," 66 Chicago-Kent Law Review 441 (1990). [CU]

    "Commentary: Antitrust 1889," 29 Washburn Law Journal 150 (1990). [CU]

    "Vertical Arrangements and the Rule of Reason Vertical Restraints: Part II 53 Antitrust Law Journal 135 (1984)," 20 Journal of Reprints for Antitrust Law and Economics 381 (1990). [CU]

    "Is Corporate Bankruptcy Efficient?," 27 Journal of Financial Economics 411 (1990). [CU]

    "Presidential Lawmaking Powers," 68 Washington University Law Quarterly 536 (1990). [CU]

    "Property Rights, Legal Wrongs in Insider Trading," American Enterprise 57 (1990) (with Daniel R. Fischel). [CU]

    "Antitrust Issues for a New Administration," 233 Conference Board Research Bulletin 6 (1989). [CU]

    "Equality versus Discretion in Sentencing," 26 American Criminal Law Review 1813 (1989). [CU]

    "Afterword: On Being a Commercial Court," 65 Chicago-Kent Law Review 877 (1989). [CU]

    "Discovery as Abuse," 69 Boston University Law Review 635 (1989). [CU]

    "Presidential Review," 40 Case Western Reserve Law Review 905 (1989). [CU]

    "Removing Intent and Cost in Predatory Pricing Cases: Power to Recoup as 'Initial Hurdle'," 21 Antitrust Law and Economics Review 37 (1989). [CU]

    "The Corporate Contract," 89 Columbia Law Review 1416 (1989) (with Daniel R. Fischel). [CU]

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

    "Antitrust and Competition: Shifting Dimensions," 225 Conference Board Research Bulletin 5 (1988). [CU]

    "The Constitution of Business," 11 George Mason University Law Review 53 (1988). [CU]

    "The Role of Original Intent in Statutory Construction," 11 Harvard Journal of Law and Public Policy 59 (1988). [CU]

    "Stability and Reliability in Judicial Decisions," 73 Cornell Law Review 422 (1988). [CU]

    "Implicit and Explicit Rights of Association," 10 Harvard Journal of Law and Public Policy 91 (1987). [CU]

    "Allocating Antitrust Decisionmaking Tasks," 76 Georgetown Law Journal 305 (1987). [CU]

    "Comparative Advantage and Antitrust Law," 75 California Law Review 983 (1987). [CU]

    "Comments on an Economic Definition of Predatory Product Innovation Part I: II. Applications to Antitrust Analysis," 17 Journal of Reprints for Antitrust Law and Economics 415 (1987). [CU]

    "Justice and Contract in Consent Judgments," 1987 University of Chicago Legal Forum 19 (1987). [CU]

    "Antitrust and the Economics of Federalism," 16 Reprints Antitrust Law and Economics 741 (1986). [CU]

    "Workable Antitrust Policy," 84 Michigan Law Review 1696 (1986). [CU]

    "On Identifying Exclusionary Conduct," 61 Notre Dame Law Review 972 (1986). [CU]

    "Treble What A Reassessment of Antitrust Remedies," 55 Antitrust Law Journal 95 (1986). [CU]

    "The Risk of Mistaken Decisions," 207 Conference Board Research Bulletin 11 (1986). [CU]

    "Monopoly, Manipulation, and the Regulation of Futures Markets," 59 Journal of Business S103 (1986). [CU]

    "Can Industries Survive Part Regulated and Part Free?," 184 Conference Board Research Bulletin 5 (1985). [CU]

    "Models and Decisions in Antitrust and New Views of Microeconomics.," 195 Conference Board Research Bulletin 10 (1985). [CU]

    "Limited Liability and the Corporation," 27 Corporate Practice Commentator 313 (1985) (with Daniel R. Fischel) (originally published as 52 U. Chi. L. Rev. 89 1985). [CU]

    "Detrebling Antitrust Damages Antitrust and Economic Efficiency," 28 Journal of Law and Economics 445 (1985). [CU]

    "Afterword: Knowledge and Answers," 85 Columbia Law Review 1117 (1985). [CU]

    "Limited Liability and the Corporation," 52 University of Chicago Law Review 89 (1985) (with Daniel R. Fischel). [CU]

    "Optimal Damages in Securities Cases," 52 University of Chicago Law Review 611 (1985) (with Daniel R. Fischel). [CU]

    "Close Corporations and Agency Costs," 38 Stanford Law Review 271 (1985) (with Daniel R. Fischel). [CU]

    "Method, Result, and Authority: A Reply," 98 Harvard Law Review 622 (1985). [CU]

    "Priorities Among Antitrust Concerns," 163 Conference Board Research Bulletin 15 (1984). [CU]

    "The Supreme Court, 1983 Term - Foreword: The Court and the Economic System," 98 Harvard Law Review 4 (1984). [CU]

    "Managers' Discretion and Investors' Welfare: Theories and Evidence," 9 Delaware Journal of Corporate Law 540 (1984). [CU]

    "Legal Interpretation and the Power of the Judiciary," 7 Harvard Journal of Law and Public Policy 87 (1984). [CU]

    "Limits of Antitrust," 63 Texas Law Review 1 (1984). [CU]

    "Agreement among the Justices: An Empirical Note," 1984 Supreme Court Review 389 (1984). [CU]

    "Vertical Arrangements and the Rule of Reason Antitrust Law Enforcement in the Vertical Restraints Area," 53 Antitrust Law Journal 135 (1984). [CU]

    "Do Targets Gain from Defeating Tender offers?," 59 New York University Law Review 277 (1984) (with Gregg A. Jarrell). [CU]

    "Mandatory Disclosure and the Protection of Investors," 70 Virginia Law Review 669 (1984) (with Daniel R. Fischel). [CU]

    "Two Agency-Cost Explanations of Dividends," 74 American Economic Review 650 (1984). [CU]

    "Antitrust and the Economics of Federalism," 26 Journal of Law and Economics 23 (1983). [CU]

    "The Most Insignificant Justice: Further Evidence," 50 University of Chicago Law Review 481 (1983). [CU]

    "Criminal Procedure as a Market System," 12 Journal of Legal Studies 289 (1983). [CU]

    "Voting in Corporate Law Corporations and Private Property," 26 Journal of Law and Economics 395 (1983) (with Daniel R. Fischel). [CU]

    "On the Resignation of Ronald H. Coase," 26 Journal of Law and Economics iii (1983) (with William M. Landes & Dennis W. Carlton). [CU]

    "Statutes' Domains," 50 University of Chicago Law Review 533 (1983). [CU]

    "Analysis of the United States Department of State v. Washington Post Company," 1981-1982 Preview of United States Supreme Court Cases 3 (1982). [CU]

    "Book Review (reviewing Stephen Breyer, Regulation and Its Reform (1982))," 90 Journal of Political Economy 1300 (1982). [CU]

    "Maximum Price Fixing," 24 Corporate Practice Commentator 281 (1982) (originally published as 48 U Chi L Rev 886 1981). [CU]

    "Antitrust Suits by Targets of Tender Offers," 24 Corporate Practice Commentator 515 (1982) (with Daniel R. Fischel) (originally published as 80 Mich L Rev 1155 1982). [CU]

    "Ways of Criticizing the Court," 95 Harvard Law Review 802 (1982). [CU]

    Response, "Is There a Ratchet in Antitrust Law?", 60 Texas Law Review 705 (1982). [CU]

    "Substance and Due Process," 1982 Supreme Court Review 85 (1982). [CU]

    "Antitrust Suits by Targets of Tender Offers," 80 Michigan Law Review 1155 (1982) (with Daniel R. Fischel). [CU]

    "Auctions and Sunk Costs in Tender Offers," 35 Stanford Law Review 1 (1982) (with Daniel R. Fischel). [CU]

    "The Proper Role of a Target's Management in Responding to a Tender Offer," 94 Harvard Law Review 1161 (1981) (with Daniel R. Fischel). [CU]

    "Predatory Strategies and Counterstrategies," 23 Corporate Practice Commentator 399 (1981). [CU]

    "Insider Trading, Secret Agents, Evidentiary Privileges, and the Production of Information," 1981 Supreme Court Review 309 (1981). [CU]

    "Corporate Control Transactions," 91 Yale Law Journal 698 (1981) (with Daniel R. Fischel). [CU]

    "Takeover Bids, Defensive Tactics, and Shareholders' Welfare," 36 Business Lawyer (ABA) 1733 (1981) (with Daniel R. Fischel). [CU]

    "Predatory Strategies and Counterstrategies," 48 University of Chicago Law Review 263 (1981). [CU]

    "Maximum Price Fixing," 48 University of Chicago Law Review 886 (1981). [CU]

    "Privacy and Malfeasance: A Comment," 9 Journal of Legal Studies 823 (1980). [CU]

    "Privacy and the Optimal Extent of Disclosure under the Freedom of Information Act," 9 Journal of Legal Studies 775 (1980). [CU]

    "Contribution among Antitrust Defendants: A Legal and Economic Analysis," 23 Journal of Law and Economics 331 (1980). [CU]

    Comment, "Due Process in Selective Service Appeals," 39 University of Chicago Law Review 331 (1972). [CU]

    Comment, "Toehold Acquisitions and the Potential Competition Doctrine," 40 University of Chicago Law Review 156 (1972). [CU]

Book Sections

    "Coase and Finding the Interesting Problem," in Ronald H. Coase, (University of Chicago Law School, 2014).

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

    "Monopoly, Manipulation, and the Regulation of Futures Markets," in Classic Futures: Lessons from the Past for the Electronic Age, Lester G. Telser ed. (Risk Books, 2000). [CU]

    "Federalism and European Business Law," in European Economic and Business Law: Legal and Economic Analyses on Integration and Harmonization, Richard M. Buxbaum ed. (Walter de Gruyter, 1996). [CU]

    "The Corporate Contract," in Foundations of Corporate Law, Roberta Romano ed. (Oxford University Press, 1993) (with Daniel R. Fischel). [CU]

    "Limited Liability and the Corporation," in Foundations of Corporate Law, Roberta Romano ed. (Oxford University Press, 1993) (with Daniel R. Fischel). [CU]

    "Abstraction and Authority," in The Bill of Rights in the Modern State, Richard A. Epstein, Geoffrey R. Stone & Cass R. Sunstein eds. (University Of Chicago Press, 1992). [CU]

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

    "Ignorance and Antitrust," in Antitrust, Innovation and Competitiveness, Thomas M. Jorde & David J. Teece eds. (Oxford University Press, 1992). [CU]

    "Monopoly, Manipulation, and the Regulation of Futures Markets," in The Handbook of Financial Engineering, Clifford W. Smith & Charles W. Smithson eds. (Ballinger, 1990). [CU]

    "Approaches to Judicial Review," in Politics and the Constitution: The Nature and Extent of Interpretation, Judith A. Baer ed. (National Legal Center for the Public Interest, 1990). [CU]

    "The Corporate Contract," in Corporate Law and Economic Analysis, Lucian Arye Bebchuk ed. (Cambridge University Press, 1990) (with Daniel R. Fischel). [CU]

    "Competition, Not Competitors: The Domain of Antitrust," in Proceedings of the Annual George Bugbee Symposium on Hospital Affairs, (1990). [CU]

    "Approaches to Judicial Review," in The Blessings of Liberty: An Enduring Constitution in a Changing World, Jack David & Robert B. McKay eds. (Association of the Bar of the City of New York, 1989). [CU]

    "The Influence of Judicial Review on Constitutional theory," in A Workable Governement: The Constitution after 200 Years, Burke Marshall ed. (W. W. Norton, 1987). [CU]

    "William H. Rehnquist," in Encyclopedia of The American Constitution 3. Kenneth L. Karst & Leonard W. Levy eds. (, 1986). [CU]

    "Do Targets Gain from Defeating Tender Offers?," in Corporate Counsel's Annual, E. Burchell ed. (Burchell, 1985) (with Gregg A. Jarrell). [CU]

    "Vertical Arrangements and the Rule of Reason," in Corporate Counsel's Annual, E. Burchell ed. (1985). [CU]

    "Insider Trading as an Agency Problem," in Principals and Agents: The Structure of Business, John W. Pratt & Richard Zeckhauser eds. (Harvard Business School Press, 1985). [CU]

    "Petitioning for Protection from Competition: A Comment," in The Political Economy of Regulation: Private Interests in the Regulatory Process, R. Rogowsky & B. Yandle eds. (United States Government Printing Offices, 1984). [CU]

    "Corporate Control Transactions," in Corporate Counsel's Annual, E. Burchell ed. (1983) (with Daniel R. Fischel). [CU]

    "The Proper Role of a Target's Management in Responding to a Tender Offer," in Corporate Counsel's Annual, E. Burchell ed. (1982) (with Daniel R. Fischel). [CU]

    "Predatory Pricing and Innovations: A Comment," in Strategy, Predation, and Antitrust Analysis, Steven C. Salop ed. (Federal Trade Commission, Bureau of Economics, Bureau of Competition, 1981). [CU]

    "Comments on 'An Economic Definition of Predatory Product Innovation'," in Strategy, Predation, and Antitrust Analysis, Steven C. Salop ed. (Government Printing Office, 1981). [CU]

    "Due Process and Parole Decisionmaking," in Parole in the 1980s, (U. S. Parole Commission, 1981). [CU]

    "Minority Shareholders," in Fiduciary Problems in Acquisitions and Takeovers, Leo Herzel ed. (1981). [CU]

    "New Directions in Legal Regulation of Tender Offers," in Fiduciary Problems in Acquisitions and Takeovers, Leo Herzel ed. (1981). [CU]

    "The Proper Role of a Target's Management in Responding to a Tender Offer," in Fiduciary Problems in Acquisitions and Takeovers, Leo Herzel ed. (1981) (with Daniel R. Fischel). [CU]

    "The Proper Role of a Target's Management in Responding to a Tender Offer," in Thirteenth Annual Institute on Securities Regulation, A. Fleischer ed. (1981) (with Daniel R. Fischel). [CU]

    "Discovery from Experts," in Antitrust Economics, (1980) (with Andrew M. Rosenfield). [CU]

Other Publications

    "Madison, the State, and Public Choice," University of Chicago Law School Record, Spring 1995.

    "Trading on Inside Information," University of Chicago Law School Record, Spring 1990 (with Daniel R. Fischel).

    "An Immutable Vision," Washington Post Magazine, June 29, 1987, at p. 52.

    "Why the Antitrust Laws Should Not Interfere with Manufacturers' Efforts to Control the Distribution of Products," National Journal, February 1984.

    "Restricted Dealing Is a Way to Compete," Regulation, January January/February 1984.

    "On Not Enforcing the Law," Regulation, 1983.

    Report of Recommendations of the SEC's Advisory Committee on Tender Offers, (Government Printing Office, 1983) (with Gregg A. Jarrell).

    "Breaking Up Is Hard to Do," Regulation, November November/December 1981.

    "Is Takeover Defense in Shareholders' Best Interest?," Legal Times of Washington, August 11, 1981, at p. 42 (with Daniel R. Fischel).

    "When Shareholders Become the Victims," New York Times, July 13, 1981, at p. 2.

    "Teaching Law," Swarthmore College Bulletin, November 1980 (with Andrew M. Rosenfield).