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Richard A. Epstein : Publications

Books (Author)

    The Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard University Press, 2014). [CU]

    Cases and Materials on Torts (10th ed.) (Wolters Kluwer, 2012) (edited with Catherine M. Sharkey). [CU]

    26 Why Progressive Institutions Are Unsustainable - Encounter Broadsides (Encounter Books, 2011). [CU]

    Design for Liberty: Private Property, Public Administration, and the Rule of Law (Harvard University Press, 2011). [CU]

    The Case Against the Employee Free Choice Act (Hoover Press, 2009). [CU]

    Supreme Neglect: How to Revive Constitutional Protection for Private Property (Oxford University Press, 2008). [CU]

    Cases and Materials on Torts (9th ed.) (Wolters Kluwer/Aspen, 2008). [CU]

    Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press, 2008). [CU]

    Brief of Twenty-Eight Law Professors as Amici Curiae in Support of Petitioner: Zoltek Corporation (Cockle Law Brief Printing, 2007) (edited with Adam Mossoff). [CU]

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

    The Structural Unity of Real and Intellectual Property (The Progress and Freedom Foundation, 2006) (Keynote address, Aspen Summit). [CU]

    Intellectual Property for the Technological Age - The Manufacturing Innovation Series (Manufacturing Institute, 2006). [CU]

    Skepticism, Faith, and Freedom (Heartland Institute, 2006) (edited with Robert A. Sirico). [CU]

    How Progressives Rewrote the Constitution (Cato Institute, 2006). [CU]

    Free Markets Under Siege: Cartels, Politics, and Social Welfare (Hoover Institution Press, 2005) (edited with Geoffrey Owens & Geoffrey Wood). [CU] [WWW]

    Affirmative Action: The U.S. Experience and Implications for New Zealand (New Zealand Business Roundtable, 2005). [CU]

    Cases and Materials on Torts (8th ed.) (Aspen, 2004). [CU]

    Skepticism and Freedom: A Modern Case For Classical Liberalism (University of Chicago Press, 2004). [CU]

    Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy (AEI Press, 2004) (edited with Michael Greve). [CU]

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

    Principles for a Free Society: Reconciling Individual Liberty with the Common Good (paperback ed.) (Perseus Pub., 2002). [CU]

    On Transitions from Group Care: Homeward Bound (Haworth Press, 2002). [CU]

    Cases and Materials on Torts (7th ed.) (Aspen, 2000). [CU]

    Torts (5th ed.) (Aspen Law & Business, 1999). [CU]

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

    Cases and Materials on Torts (6th ed.) (Little Brown and Company, 1995). [CU]

    Simple Rules for a Complex World (Harvard University Press, 1995). [CU]

    Torts, 1993 Supplement (Little Brown and Company, 1993). [CU]

    Bargaining with the State (Princeton University Press, 1993). [CU]

    Supplement to Cases and Materials on Torts, 5th ed., 1993 Supplement (Little Brown and Company, 1993). [CU]

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

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

    Cases and Materials on Torts (5th ed.) (Little Brown and Company, 1990). [CU]

    Supplement to Cases and Materials on Tort, 1987 Supplement (Little Brown and Company, 1987). [CU]

    Gregory, Kalven and Epstein on Torts, 4th ed., 1987 Supplement (Little Brown and Company, 1987). [CU]

    The New Right v. the Constitution (Cato Institute, 1986). [CU]

    Takings: Private Property and the Power of Eminent Domain (Harvard University Press, 1985). [CU]

    Cases and Materials on Torts (4th ed.) (Little Brown and Company, 1984). [CU]

    Cases and Materials on Torts Supplement (Little Brown and Company, 1981). [CU]

    Cases and Materials on Torts (Little Brown and Company, 1981) (edited with Charles O. Gregory & Harry Kalven, Jr.). [CU]

    Modern Products Liability Law (Quorum Books, 1980). [CU]

    Cases and Materials on Torts (3rd ed.) (Little Brown and Company, 1977). [CU]

Books (Editor)

    Economics of Constitutional Law (Edward Elgar, 2009). [CU] [WWW]

    Economics of Property Law (Edward Elgar, 2007). [CU]

    Federal Preemption: States' Powers, National Interests (AEI Press, 2007) (edited with Michael Greve). [CU]

    Classical Foundations of Liberty and Property (Garland, 2000). [CU]

    Modern Understandings of Liberty and Property (Garland, 2000). [CU]

    Private and Common Property (Garland, 2000). [CU]

    Contract - Freedom and Restraint (Garland, 2000). [CU]

    Constitutional Protection of Private Property and Freedom of Contract (Garland, 2000). [CU]

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

    Labor Law and the Employment Market: Foundations and Applications (Transaction Press, 1985) (edited with Jeffrey Paul). [CU]

Journal Articles

    "The Use and Limits of Self-Valuation Systems," 81 University of Chicago Law Review 109 (2014). [CU]

    "The Common Law Foundations of the Takings Clause: The Disconnect Between Public and Private Law," 30 Touro Law Review 265 (2014). [CU]

    "Modern Environmentalists Overreach: A Plea for Understanding Background Common Law Principles," 37 Harvard Journal of Law & Public Policy 23 (2014). [CU]

    "Redistribution Within Collective Organizations: What Corporations, Condominiums and Unions Tell Us about the Proper Use of Government Power," 8 New York University Journal of Law & Liberty 279 (2014). [CU]

    "Public Accommodations Under the Civil Rights Act of 1964: Why Freedom of Association Counts as a Human Right," 66 Stanford Law Review 1241 (2014). [CU]

    "Beyond Textualism: Why Originalist Theory Must Apply General Principles of Interpretation to Constitutional Law," 37 Harvard Journal of Law & Public Policy 705 (2014). [CU]

    "Immigration Law and Institutional Design," 80 University of Chicago Law Review 1 (2013). [CU]

    "Labor Unions: Saviors or Scourges?," 41 Capital University Law Review 1 (2013). [CU]

    "The Perilous Position of the Rule of Law and the Administrative State," 36 Harvard Journal of Law & Public Policy 5 (2013). [CU]

    "Can Technological Innovation Survive Government Regulation?," 36 Harvard Journal of Law & Public Policy 87 (2013). [CU]

    "The Takings Clause and Partial Interests in Land: On Sharp Boundaries and Continuous Distributions," 78 Brooklyn Law Review 589 (2013). [CU]

    "Harmonization, Heterogeneity and Regulation: CESL, the Lost Opportunity for Constructive Harmonization," 50 Common Market Law Review 207 (2013). [CU]

    "Free Trade and Free Immigration: Why Domestic Competitive Injury Should Never Influence Government Policy," 80 University of Chicago Law Review 201 (2013). [CU]

    "In Praise of Suzanna Sherry and Judicial Activism," 16 Green Bag 443 (2013). [CU]

    "The Advantages of Outrage," 116 Technology Review (Cambridge, MA) 9 (2013) (Letter to the editor). [CU]

    "Fixing Obamacare: The Virtues of Choice, Competition and Deregulation," 68 New York University Annual Survey of American Law 493 (2013) (with David A. Hyman). [CU]

    "Tushnet's Lawless World: A Response to Mark Tushnet, Book Review, Epstein's Best of All Possible Worlds: The Rule of Law, 80 U Chi L Rev 487 (2013)," 80 University of Chicago Law Review Dialogue 1 (2013). [CU]

    "Foreword: The Unfinished Business of the Supreme Court - An Introduction," 8 New York University Journal of Law & Liberty 137 (2013). [CU]

    "Introduction: Erie Railroad at Seventy-Five," 10 Journal of Law, Economics & Policy 1 (2013) (with Michael Greve). [CU]

    "Legal Remedies for Patent Infringement: From General Principles to FRAND Obligations for Standard Essential Patents," 9 Competition Policy International 69 (2013) (with David Kappos). [CU]

    "Jersey Central Power & Light Co v Federal Energy Regulatory Comission: Robert Bork on Public Utility Rate Regulation--and Lochner v New York," 80 University of Chicago Law Review Dialogue 193 (2013). [CU]

    "Intellectual Property and the Law of Contract: The Case Against "Efficient Breach"," 9 European Review of Contract Law 345 (2013). [CU]

    "The Economic Consequences of the Obama Reelection: How Stagnation Has Vanquished Growth," 80 Southern Economic Journal 282 (2013). [CU]

    "Big Law and Big Med: The Deprofessionalization of Legal and Medical Services," 38 International Review of Law and Economics 64 (2013). [CU]

    "Letter to the Editor," 10 First Things __ (2012). [CU]

    "Physical and Regulatory Takings: One Distinction Too Many," 64 Stanford Law Review Online 99 (2012). [CU] [WWW]

    "Judicial Engagement with the Affordable Care Act: Why Rational Basis Analysis Falls Short," 19 George Mason Law Review 931 (2012). [CU]

    "Unifying Copyright: An Instrumentalist's Response to Shyamkrishna Balganesh," 125 Harvard Law Review Forum 120 (2012). [CU]

    "Forgotten No More: A Review of John D. Inazu’s Liberty’s Refuge: The Forgotten Freedom of Assembly (reviewing John D. Inazu, Liberty's Refuge: The Forgotten Freedom of Assembly (2012))", 13 Engage 153 (2012). [CU] [WWW]

    "The Role of Accreditation Commissions in Higher Education: The Troublesome Case of Dana College," 79 University of Chicago Law Review 83 (2012). [CU]

    "The Natural Law Bridge between Private Law and Public International Law," 13 Chicago Journal of International Law 47 (2012). [CU]

    "Constitutional Ratemaking and the Affordable Care Act: A New Source of Vulnerability," 38 American Journal of Law and Medicine 243 (2012) (with Paula M. Stannard). [CU]

    "The FTC, IP, and SSOS: Government Hold-up Replacing Private Coordination," 8 Journal of Competition Law and Economics 1 (2012) (with F. Scott Kieff & Daniel F. Spulber). [CU]

    "The Property Rights Decisions of Justice Sandra Day O'Connor: When Pragmatic Balancing Is Not Enough," 1 Brigham-Kanner Property Rights Conference Journal 177 (2012). [CU]

    "Law in the Hands of the Politicians: The Cycles of American Politics," 12 Common Law Review 3 (2012). [CU]

    "A New Birth of Economic Freedom (reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011))", XI(4) Claremont Review of Books 38 (2011). [CU]

    "The Constitutionality of the Patient Protections and Affordable Care Act," 12 Engage: The Journal of the Federalist Society's Practice Groups 4 (2011) (debate with Jesse Choper). [CU]

    "Government By Waiver," 7 National Affairs 39 (2011). [CU] [WWW]

    "Can We Design an Optimal Constitution? Of Structural Ambiguity and Rights Clarity," 28 Social Philosophy and Policy 290 (2011). [CU]

    "Beware of Prods and Pleas: A Defense of the Conventional Views on Tort and Administrative Law in the Context of Global Warming," 121 Yale Law Journal Online 317 (2011). [CU] [WWW]

    "Durbin’s Folly: The Erratic Course of Debit Card Markets," 7(2) Competition Policy International 58 (2011). [CU]

    "Bundle-of-Rights Theory as a Bulwark Against Statist Conceptions of Property," 8(3) Econ Journal Watch 223 (2011). [CU] [WWW]

    "The Protection of 'Hot News': Putting Balganesh’s 'Enduring Myth' About International New Service v. Associated Press in Perspective," 111 Columbia Law Review Sidebar 79 (2011). [CU] [WWW]

    "Licensing of Intellectual Property," 78 University of Chicago Law Review 1 (2011). [CU]

    "The Constitutional Paradox of the Durbin Amendment: How Monopolies are Offered Constitutional Protections Denied to Competitive Firms," 63 Florida Law Review 1307 (2011). [CU]

    "Of Pleading and Discovery: Reflections on Twombly and Iqbal with Special Reference to Antitrust," 2011 University of Illinois Law Review 187 (2011). [CU]

    "The Coase Centennial," 54 Journal of Law and Economics S1 (2011). [CU]

    "Inside the Coasean Firm: Why Variations in Competence and Taste Matter," 54 Journal of Law and Economics S41 (2011). [CU]

    "Citizens United v. FEC: The Constitutional Right That Big Corporations Should Have But Do Not Want," 34 Harvard Journal of Law and Public Policy 639 (2011). [CU]

    "Direct Democracy: Government of the People, by the People, and for the People," 34 Harvard Journal of Law and Public Policy 819 (2011). [CU]

    "The Constitutionality of Proposition 8," 34 Harvard Journal of Law and Public Policy 879 (2011). [CU]

    "Branded versus Generic Competition - A Kind Word for the Branded Drugs," 3 Hastings Science and Technology Law Journal 459 (2011). [CU]

    "Littoral Rights under the Takings Doctrine: The Clash between the IUS Naturale and Stop the Beach Renourishment The Very Idea of Judicial Takings," 6 Duke Journal of Constitutional Law and Public Policy 37 (2011). [CU]

    "Do Accounting Rules Matter? - The Dangerous Allure of Mark to Market," 36 Journal of Corporation Law 513 (2011) (with M. Todd Henderson). [CU]

    "Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents," 78 University of Chicago Law Review 71 (2011) (with F. Scott Kieff). [CU]

    "Plain Meaning in Context: Can Law Survive Its Own Language?," 6 New York University Journal of Law and Liberty 359 (2011). [CU]

    "Heller's Gridlock Economy in Perspective: Why There is Too Little, Not Too Much Private Property," 53 Arizona Law Review 51 (2011). [CU]

    "Breakdown of the Social Democratic State: Taking a Fresh Look at Waldron's Dignity, Rights, and Responsibilities," 43 Arizona State Law Journal 1169 (2011). [CU]

    "The Constitutional Protection of Trade Secrets and Patents under the Biologics Price Competition and Innovation Act of 2009," 66 Food and Drug Law Journal 285 (2011). [CU]

    "Are We Lifting All Boats or Only Some?: Equity versus Excellence and the Talented Tenth," 11 Education Next 47 (2011) (with Daniel Pianko, Jon Schnur & Joshua Wyner). [CU]

    Response, "Bring on the Heavy Constitutional Artillery: A Brief Response to Professor Mitchell’s ‘Reconsidering Murdock’", Legal Workshop: University of Chicago Law Review __ (2011). [CU] [WWW]

    "The Natural Law Influences on the First Generation of American Constitutional Law: Reflections on Philip Hamburger's Law and Judicial Duty," 6 Journal of Law, Philosophy and Culture 103 (2011). [CU]

    "A Big Year for the First Amendment: Church and State at the Crossroads: Christian Legal Society v. Martinez," 2009-10 Cato Supreme Court Review 105 (2010). [CU]

    "NRA v. City of Chicago : Does the Second Amendment Bind Frank Easterbrook?," 77 University of Chicago Law Review 997 (2010). [CU]

    "Toward a General Theory of Tort Law: Strict Liability in Context," 4 Journal of Tort Law 6 (2010). [CU]

    "Reassessing the State and Local Government Toolkit: Introduction," 77 University of Chicago Law Review 1 (2010) (with Julie Roin, Lee Anne Fennell). [CU]

    "Academic Fraud Today: Its Social Causes and Institutional Responses," 21 Stanford Law and Policy Review 135 (2010). [CU]

    "What Tort Theory Tells Us about Federal Preemption: The Tragic Saga of Wyeth v. Levine," 65 New York University Annual Survey of American Law 485 (2010). [CU]

    "The Classical Liberal Alternative to Progressive and Conservative Constitutionalism (reviewing Jack M. Balkin and Reva B. Siegel, eds.,The Constitution in 2020 (2009))", 77 University of Chicago Law Review 887 (2010). [CU]

    "Takings Law Made Hard: A Novel Property Rights Challenge Is a Constitutional Morass," 32 Regulation 4 (2010). [CU]

    "Why We Need Term Limits for Congress: Four in the Senate, Ten in the House," 78 Tennessee Law Review 849 (2010). [CU]

    "Why I Will Never Be a Keynesian," 33 Harvard Journal of Law and Public Policy 387 (2010). [CU]

    "How to Undermine Tax Increment Financing: The Lessons of City of Chicago v. ProLogis," 77 University of Chicago Law Review 121 (2010). [CU]

    "Obama's Constitution: The Passive Virtues Writ Large," 26 Constitutional Commentary 183 (2010). [CU]

    "Carbon Dioxide: Our Newest Pollutant," 43 Suffolk University Law Review 797 (2010). [CU]

    "Bleak Prospects: How Health Care Reform Has Failed in the United States," 15 Texas Review of Law and Politics 1 (2010). [CU]

    "Executive Power in Political and Corporate Contexts," 12 University of Pennsylvania Journal of Constitutional Law 277 (2010). [CU]

    "The Spurious Constitutional Distinction Between Takings and Regulation," 11 Engage __ (2010). [CU] [WWW]

    "Overtreated, or Overregulated? (reviewing Shannon Brownlee, Overtreated: Why Too Much Medicine is Making Us Sicker and Poorer (2008))", 28 Health Affairs 920 (2009). [CU]

    Response, "Not so Private Takings: A Response to Abraham Bell’s Private Takings", The Legal Workshop: University of Chicago Law Review __ (2009). [CU] [WWW]

    Response, "Protect Us, Lord, from Title VII: A Response to Gelbach, Klick, and Wexler", The Legal Workshop: University of Chicago Law Review __ (2009). [CU] [WWW]

    "The Going Private Phenomenon: Causes and Implications," 76 University of Chicago Law Review 1 (2009) (with M. Todd Henderson). [CU]

    "Political Bankruptcies: How Chrysler and GM Have Changed the Rules of the Game," 59 Freeman 8 (2009). [CU] [WWW]

    "Activity Levels under the Hand Formula: A Comment on Gilo and Guttel," 108 Michigan Law Review: First Impressions 37 (2009). [CU]

    "Public Use in a Post-Kelo World," 17 University of Chicago Supreme Court Economic Review 151 (2009). [CU]

    "Lessons from the Common Law of Reasonable Expectations," 24 University of California Berkeley Technology Law Journal 1199 (2009). [CU]

    "The Case for Field Preemption of State Laws in Drug Cases," 103 Northwestern University Law Review 463 (2009). [CU]

    "A Speech on the Structural Constitution and the Stimulus Program," 4 Charleston Law Review 395 (2009). [CU]

    "Privacy and the Third Hand: Lessons from the Common Law of Reasonable Expectations," 24 Berkeley Technology Law Journal 1199 (2009). [CU]

    "Against Permititis: Why Voluntary Organizations Should Regulate the Use of Cancer Drugs," 94 Minnesota Law Review 1 (2009). [CU]

    "The Disintegration of Intellectual Property - A Classical Liberal Response to a Premature Obituary," 62 Stanford Law Review 455 (2009). [CU]

    "The Regulation of Sovereign Wealth Funds: The Virtues of Going Slow," 76 University of Chicago Law Review 111 (2009) (with Amanda M. Rose). [CU]

    "Property Rights, State of Nature Theory, and Environmental Protection," 4 New York University Journal of Law and Liberty 1 (2009). [CU]

    "Monopolization Follies: The Dangers of Structural Remedies under Section 2 of the Sherman Act," 76 Antitrust Law Journal 205 (2009). [CU]

    "Debate, Implicit Race Bias and the 2008 Presidential Election: Much Ado about Nothing?," 157 University of Pennsylvania Law Review PENNumbra 210 (2009) (with Gregory S. Parks & Jeffrey J. Rachlinski). [CU]

    "Is Group Selection Necessary? An Alternative Interpretation of Homogenous Middleman Groups: Comments on Janet Landa's Paper," 10 Journal of Bionomics 279 (2008). [CU]

    "Should Antidiscrimination Laws Limit Freedom of Association? The Dangerous Allure of Human Rights Legislation," 25 Social Philosophy and Policy 123 (2008). [CU]

    "The Subprime Crisis: Why One Bad Turn Leads to Another at Pepperdine University School of Law," 2 Journal of Business, Entrepreneurship and the Law 198 (2008). [CU]

    "Property Rights, Public Use, and the Perfect Storm: An Essay in Honor of Bernard H. Siegan," 45 San Diego Law Review 612 (2008). [CU]

    "Decentralized Responses to Good Fortune and Bad Luck Moral and Legal Luck," 9 Theoretical Inquiries in Law 309 (2008). [CU]

    "Federal Preemption, and Federal Common Law, in Nuisance Cases," 102 Northwestern University Law Review 551 (2008). [CU]

    "The Many Faces of Fault in Contract Law: Or How to Do Economics Right, Without Really Trying," 107 Michigan Law Review 1461 (2008). [CU]

    "The Human and Economic Dimensions of Altruism: The Case of Organ Transplantation," 37 Journal of Legal Studies 459 (2008). [CU]

    "Cybersecurity in the Payment Card Industry," 75 University of Chicago Law Review 203 (2008) (with Thomas P. Brown). [CU]

    "Why the Modern Administrative State Is Inconsistent with the Rule of Law," 3 New York University Journal of Law and Liberty 491 (2008). [CU]

    "The Reflections and Responses of a Legal Contrarian," 44 Tulsa Law Review 647 (2008). [CU]

    "Happiness and Revealed Preferences in Evolutionary Perspective," 33 Vermont Law Review 559 (2008). [CU]

    "David P. Currie (1936-2007) In Memoriam," 75 University of Chicago Law Review 1 (2008) (with Gerhard Casper, David Gossett & Herma Hill Kay). [CU]

    "A Structural Interpretation of the Second Amendment: Why Heller is (Probably) Wrong on Originalist Grounds," 59 Syracuse Law Review 171 (2008). [CU]

    "The AT&(and)T Consent Decree: In Praise of Interconnection Only," 61 Federal Communications Law Journal 149 (2008). [CU]

    "Federalism: Executive Power in Wartime," 5 Georgetown Journal of Law and Public Policy 309 (2007) (with Roger Pilon, Geoffrey R. Stone & John C. Yoo). [CU]

    "Influence of Pharmaceutical Funding on the Conclusions of Meta-analyses," 335 British Medical Journal 1167 (2007). [CU]

    "Zoning: Deliberative Democracy at Zero Prices," 136 Daedalus 67 (2007). [CU]

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

    "Conflicts of Interest in Health Care: Who Guards the Guardians?," 50 Perspectives in Biology and Medicine 72 (2007). [CU]

    "David Josiah Brewer Addresses Yale Law School," 10 Green Bag 2d 483 (2007). [CU] [WWW]

    "From Penn Central to Lingle: The Long Backwards Road," 40 John Marshall Law Review 593 (2007). [CU] [WWW]

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

    "Pharmaceutical Industry at Risk: How Excessive Government Regulation Stifles Innovation," 82 Clinical Pharmacology and Therapeutics 131 (2007). [CU]

    "Defanging IRBs: Replacing Coercion with Information," 101 Northwestern University Law Review 735 (2007). [CU]

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

    "Coniston Corp v. Village of Hoffman Hills: How to Make Procedural Due Process Disappear," 74 University of Chicago Law Review 1689 (2007). [CU]

    "The Neoclassical Economics of Consumer Contracts," 92 Minnesota Law Review 803 (2007). [CU]

    "Introduction to the Italian Edition of Overdose," 38 Cumberland Law Review 223 (2007). [CU]

    "How to Solve (or Avoid) the Exactions Problem," 72 Missouri Law Review 973 (2007). [CU]

    "The Dangers of Investor Protection in Securities Markets," 12 Texas Review of Law and Politics 412 (2007). [CU]

    "Bell Atlantic v. Twombly: How Motions to Dismiss Become (Disguised) Summary Judgments," 25 Washington University Journal of Law and Policy 61 (2007). [CU]

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

    "The Erosion of Individual Autonomy in Medical Decisionmaking: Of the FDA and IRBs," 96 Georgetown Law Journal 559 (2007). [CU]

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

    "The Public Use, Public Trust, and Public Benefit: Could Both Cooley and Kelo Be Wrong?," 9 Green Bag 2d 125 (2006). [CU] [WWW]

    "What Light If Any Does the Google Print Dispute Shed on Intellectual Property Law?," 7 Columbia Science and Technology Review 1 (2006). [CU]

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

    "Limiting Financial Disincentives in Live Organ Donation: A Rational Solution to the Kidney Shortage," 6 American Journal of Transplantation 2548 (2006) (with R. Gaston, Gabriel Danovitch & Jeffrey Kahn). [CU]

    "Why Parties and Powers Both Matter: A Separationist Response to Levinson and Pildes," 119 Harvard Law Review Forum 210 (2006). [CU]

    "Separation versus Accommodation: Why We Should Favor the Latter," 44 Criterion 3 (2006). [CU]

    "Introduction to Symposium: Homo Economicus, Homo Myopicus, and the Law and Economics of Consumer Choice," 73 University of Chicago Law Review 1 (2006). [CU]

    "Intuition, Custom, and Protocol: How to Make Sound Decisions with Limited Knowledge," 2 New York University Journal of Law and Liberty 1 (2006). [CU]

    "Our Ignorance about Intelligence," 17 Stanford Law and Policy Review 233 (2006). [CU]

    "Behavioral Economics: Human Errors and Market Corrections," 73 University of Chicago Law Review 111 (2006). [CU]

    "The Federalism Decisions of Justices Rehnquist and O'Connor: Is Half a Loaf Enough?," 58 Stanford Law Review 1793 (2006). [CU]

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

    "The Theory and Practice of Self-Help," 1 Journal of Law, Economics and Policy 1 (2005). [CU]

    "Kelo: An American Original," 8 Green Bag 2d 355 (2005). [CU] [WWW]

    "The Creator's Own Ideas," 108 Technology Review 56 (2005). [CU]

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

    "It Did Happen Here: Fear and Loathing on the Vaccine Trail," 24 Health Affairs 740 (2005). [CU]

    "The Constitutional Protection of Trade Secrets Under the Takings Clause," 37 Intellectual Property Law Review 661 (2005). [CU]

    "Disparities and Discrimination in Health Care Coverage: A Critique of the Institute of Medicine Study," 48 Perspectives in Biology and Medicine S26 (2005). [CU]

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

    "What (Not) to Do about Obesity: A Moderate Aristotelian Answer," 93 Georgetown Law Journal 1361 (2005). [CU]

    "Contractual Principle versus Legislative Fixes: Coming to Closure on the Unending Travails of Medical Malpractice," 54 DePaul Law Review 503 (2005). [CU]

    "Executive Power, the Commander in Chief, and the Militia Clause," 34 Hofstra Law Review 317 (2005). [CU]

    "Justified Monopolies: Regulating Pharmaceuticals and Telecommunications," 56 Case Western Reserve Law Review 103 (2005). [CU]

    "Of Citizens and Persons: Reconstructing the Privileges or Immunities Clause of the Fourteenth Amendment," 1 New York University Journal of Law and Liberty 334 (2005). [CU]

    "Takings, Commons, and Associations: Why the Telecommunications Act of 1996 Misfired," 22 Yale Journal on Regulation 315 (2005). [CU]

    "Monopoly Dominance or Level Playing Field - The New Antitrust Paradox," 72 University of Chicago Law Review 49 (2005). [CU]

    "Taxation with Representation: Or, the Libertarian Dilemma," 18 Canadian Journal of Law and Jurisprudence 7 (2005). [CU]

    "Liberty versus Property - Cracks in the Foundations of Copyright Law," 42 San Diego Law Review 1 (2005). [CU]

    "Intel v. Hamidi: The Role of Self-Help in Cyberspace," 1 Journal of Law, Economics and Policy 147 (2005). [CU]

    "Introductory Remarks: Some Reflections on Two-Sided Markets and Pricing," 2005 Columbia Business Law Review 509 (2005) (with Victor P. Goldberg). [CU]

    "Untying the Grokster Knot: Learning to Live in a Second-Best World," 12 Brown Journal of World Affairs 177 (2005). [CU]

    "The Not so Minimum Content of Natural Law," 25 Oxford Journal of Legal Studies 219 (2005). [CU]

    "The Uses and Limits of Local Knowledge: A Cautionary Note on Hayek," 1 New York University Journal of Law and Liberty 205 (2005). [CU]

    "Further Thoughts on the Privileges or Immunities Clause of the Fourteenth Amendment," 1 New York University Journal of Law and Liberty 1096 (2005). [CU]

    "The Roman Law of Cyberconversion," 2005 Michigan State Law Review 103 (2005). [CU]

    "The Regulation of Interchange Fees: Australian Fine-Tuning Gone Awry," 2005 Columbia Business Law Review 551 (2005). [CU]

    "Introduction," 5 Yale Journal of Health Policy, Law, and Ethics 713 (2005) (with Mark Siegler & Alix Weisfeld). [CU]

    "Introduction," 72 University of Chicago Law Review 1 (2005) (with Randal C. Picker). [CU]

    "Of Same Sex Relationships and Affirmative Action: The Covert Libertarianism of the United States Supreme Court," 12 Supreme Court Economic Review 75 (2004). [CU]

    "The Perils of Posnerian Pragmatism", 71 University of Chicago Law Review 639 (2004). [CU]

    "A Farewell to Pragmatism," 71 University of Chicago Law Review 675 (2004). [CU] [WWW]

    "Inside Information: Financial Conflicts of Interest for Research Subjects in Early Phase Clinical Trials," 96 Journal of National Cancer Institute 656 (2004) (with Paul R. Helft, Mark J. Ratain & Mark Siegler). [CU]

    "A Defence of the Corporation," 2004 New Zealand Law Review 707 (2004). [CU]

    "The Constitutional Protection of Trade Secrets under the Takings Clause," 71 University of Chicago Law Review 57 (2004). [CU]

    "The Monopolistic Vices of Progressive Constitutionalism," 2004-2005 Cato Supreme Court Review 11 (2004). [CU]

    "The Case against Black Reparations," 84 Boston University Law Review 1177 (2004). [CU]

    "In Defense of the 'Old' Public Health: The Legal Framework for the Regulation of Public Health," 69 Brooklyn Law Review 1421 (2004). [CU]

    "Reflections on the Historical Origins of Economic Structure of the Law Merchant," 5 Chicago Journal of International Law 1 (2004). [CU]

    "Introduction to Colloquium: Intellectual Property," 71 University of Chicago Law Review 1 (2004) (with Randal C. Picker & Douglas Gary Lichtman). [CU]

    "Skepticism and Freedom: The Intellectual Foundations of Our Constitutional Order," 6 University of Pennsylvania Journal of Constitutional Law 657 (2004). [CU]

    "Book Review (reviewing Robert D. Cooter, The Strategic Constitution (2000))", 113 Ethics 695 (2003). [CU]

    "Just Do It!: Title IX as a Threat to University Autonomy," 101 Michigan Law Review 1365 (2003). [CU]

    "The 'Necessary' History of Property and Liberty," 6 Chapman Law Review 1 (2003). [CU]

    "Class Actions: Aggregation, Amplification, and Distortion," 2003 University of Chicago Legal Forum 475 (2003). [CU]

    "Cybertrespass," 70 University of Chicago Law Review 73 (2003). [CU]

    "Beware of Legal Transitions: A Presumptive Vote for the Reliance Interest," 13 Journal of Contemporary Legal Issues 69 (2003). [CU]

    "Indirect Restraints on the Provision of Health Care Quality," 46 Perspectives in Biology and Medicine 24 (2003). [CU]

    "Review of The Strategic Constitution by Robert Cooter", 113 Ethics 695 (2003). [CU]

    "Book Review (reviewing Haavi Morreim, Holding Health Care Accountable: Law and the New Medical Malpractice (2001))", 7 Independent Review 294 (2002). [CU]

    "Imperfect Liability Regimes: Individual and Corporate Issues," 53 South Carolina Law Review 1153 (2002). [CU]

    Response, "Smoothing the Boundary between Foreign and Domestic Law: Comments on Professors Dodge, Golove, and Stephan", 52 DePaul Law Review 663 (2002). [CU]

    "Does Literature Work as Social Science? The Case of George Orwell," 73 University of Colorado Law Review 987 (2002). [CU]

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

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

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

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

    "Let 'the Fundamental Things Apply': Necessary and Contingent Truths in Legal Scholarship," 115 Harvard Law Review 1288 (2002). [CU]

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

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

    "The Dubious Constitutionality of the Copyright Term Extension Act," 36 Loyola of Los Angeles Law Review 123 (2002). [CU]

    "Can Anyone Beat the Flat Tax?," 19 Social Philosophy and Policy 140 (2002). [CU]

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

    "Intellectual Property: Old Boundaries and New Frontiers," 76 Indiana Law Journal 803 (2001). [CU]

    "Employment and Labor Law Reform in New Zealand Lecture," 33 Case Western Reserve Journal of International Law 361 (2001). [CU]

    "Life in No Trump: Property and Speech under the Constitution," 53 Maine Law Review 23 (2001). [CU]

    "The Ebbs and Flows in Takings Law: Reflections on the Lake Tahoe Case," 2001-2002 Cato Supreme Court Review 5 (2001). [CU]

    "'In Such Manner as the Legislature Thereof May Direct': The Outcome in Bush v Gore Defended," 68 University of Chicago Law Review 613 (2001). [CU]

    "Consent, Not Power, as the Basis of Jurisdiction Frontiers of Jurisdiction," 2001 University of Chicago Legal Forum 1 (2001). [CU]

    "The Assault on Managed Care: Vicarious Liability, ERISA Preemption, and Class Actions," 30 Journal of Legal Studies 625 (2001) (with Alan O. Sykes). [CU]

    "Standing and Spending - The Role of Legal and Equitable Principles," 4 Chapman Law Review 1 (2001). [CU]

    "Introduction: Managed Care in Perspective," 30 Journal of Legal Studies 527 (2001) (with Mark Siegler). [CU]

    "The Necessity for Constrained Deliberation," 24 Harvard Journal of Law and Public Policy 159 (2000). [CU]

    "The Economics of Tort Law: A Hurried and Partial Overview," 10 Kansas Journal of Law and Public Policy 60 (2000). [CU]

    "The Constitutional Perils of Moderation: The Case of the Boy Scouts," 74 Southern California Law Review 119 (2000). [CU]

    "Privacy, Publication, and the First Amendment: The Dangers of First Amendment Exceptionalism," 52 Stanford Law Review 1003 (2000). [CU]

    "Vicarious Liability of Health Plans for Medical Injuries," 34 Valparaiso University Law Review 581 (2000). [CU]

    "The Uneasy Marriage of Utilitarian and Libertarian Thought," 19 Quinnipiac Law Review 783 (2000). [CU]

    "Waste and the Dormant Commerce Clause," 3 Green Bag 2d 29 (2000). [CU]

    "The Dangerous Claims of the Animal Rights Movement," 10 Responsive Community 28 (2000). [CU]

    "Too Pragmatic by Half (reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions in an Uncertain World (1999))", 109 Yale Law Journal 1639 (2000). [CU]

    "Hayekian Socialism," 58 Maryland Law Review 271 (1999). [CU]

    "Property Rights Claims of Indigenous Populations: The View from the Common Law," 31 University of Toledo Law Review 1 (1999). [CU]

    "Exit Rights and Insurance Regulation: From Federalism to Takings," 7 George Mason Law Review 293 (1999). [CU]

    "Confusion about Custom: Disentangling Informal Customs from Standard Contractual Provisions," 66 University of Chicago Law Review 821 (1999). [CU]

    "Liberty, Patriarchy, and Feminism," 1999 University of Chicago Legal Forum 89 (1999). [CU]

    "Managed Care Under Siege," 5 Journal of Medicine and Philosophy 434 (1999). [CU]

    "The Assault that Failed: The Progressive Critique of Laissez Faire (reviewing Barbara H. Fried, The Progressive Assault on Laissez Faire : Robert Hale and the First Law and Economics Movement (1998))", 97 Michigan Law Review 1697 (1999). [CU]

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

    "The New Chicago School: Myth or Reality?," 5 University of Chicago Law School Roundtable 1 (1998) (with Lisa Bernstein& Eric Posner & Randal C. Picker). [CU]

    Response, "Pennsylvania Coal v. Mahon: The Erratic Takings Jurisprudence of Justice Holmes", 86 Georgetown Law Journal 875 (1998). [CU]

    Response, "Protecting Property with Legal Remedies: A Common Sense Reply to Professor Ayres", 32 Valparaiso University Law Review 833 (1998). [CU]

    "The Cartelization of Commerce," 22 Harvard Journal of Law and Public Policy 209 (1998). [CU]

    "Living Dangerously: A Defense of Mortal Peril," 1998 University of Illinois Law Review 909 (1998). [CU]

    "Lest We Forget: Buchanan v. Warley and Constitutional Jurisprudence of the 'Progressive Era'," 51 Vanderbilt Law Review 787 (1998). [CU]

    "Affirmative Action for the Next Millennium," 43 Loyola Law Review 503 (1998). [CU]

    "Libertà e femminismo," 147 Biblioteca della libertà 51 (1998). [CU]

    "The Right Set of Simple Rules: A Short Reply to Schauer and Comment on Cohen," 12 Critical Review 319 (1998). [CU]

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

    "Encryption, Key Escrow, and the Clash of Imperatives," 2 Electronic Banking Law and Commerce Report 7 (1998). [CU]

    "Imitations of Libertarian Thought," 15 Social Philosophy and Policy 412 (1998). [CU]

    "More Fidelity, Less Translation: A Loyalist's Response to Professor Treanor," 1 Green Bag 2d 185 (1998). [CU]

    "The Modern Uses of Ancient Law," 48 South Carolina Law Review 243 (1997). [CU]

    "Takings, Exclusivity and Speech: The Legacy of PruneYard v. Robins Exchange," 64 University of Chicago Law Review 21 (1997). [CU]

    "A Clear View of the Cathedral: The Dominance of Property Rules," 106 Yale Law Journal 2091 (1997). [CU]

    "Employment Law: Courts and Contracts," 28 California Western International Law Journal 13 (1997). [CU]

    "Law and Economics: Its Glorious Past and Cloudy Future," 64 University of Chicago Law Review 1167 (1997). [CU]

    "Before Cyberspace: Legal Transitions in Property Rights Regimes," 73 Chicago-Kent Law Review 1137 (1997). [CU]

    "Externalities Everywhere? Morals and the Police Power," 21 Harvard Journal of Law and Public Policy 61 (1997). [CU]

    "Fidelity Without Translation," 1 Green Bag 2d 21 (1997). [CU]

    "The Problem of Forfeiture in the Welfare State," 14 Social Philosophy and Policy 256 (1997). [CU]

    "Subrogation and Insurance, With Especial Reference to the Tobacco Litigation," 41 New York Law School Law Review 493 (1997). [CU]

    "The Proper Goals of Antitrust: When Public and Private Interests Collide," 9 Loyola Consumer Law Reporter 122 (1997). [CU]

    "Book Review (reviewing James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society (1996))", 16 Economic Affairs 46 (1996). [CU]

    "The Subtle Vices of the Employment Discrimination Laws," 29 John Marshall Law Review 575 (1996). [CU]

    Response, "Regulatory Sins versus Market Legacies: A Short Reply to Mr. Leech", 29 John Marshall Law Review 617 (1996). [CU]

    "Some Doubts on Constitutional Indeterminacy," 19 Harvard Journal of Law and Public Policy 363 (1996). [CU]

    "The Remote Causes of Affirmative Action, or School Desegregation in Kansas City, Missouri," 84 California Law Review 1101 (1996). [CU]

    "Property Rights in cDNA Sequences: A New Resident for the Public Domain," 3 University of Chicago Law School Roundtable 575 (1996). [CU]

    "The Tort/Crime Distinction: A Generation Later," 76 Boston University Law Review 1 (1996). [CU]

    "Constitutional Faith and the Commerce Clause," 71 Notre Dame Law Review 167 (1996). [CU]

    "A Conceptual Approach to Zoning: What's Wrong with Euclid," 5 New York University Environmental Law Journal 277 (1996) (Statutory interpretation and Environmental Law). [CU]

    "The Takings Jurisprudence of the Warren Court: A Constitutional Siesta," 31 Tulsa Law Journal 643 (1996). [CU]

    "Babbitt v. Sweet Home Chapters of Oregon: The Law and Economics of Habitat Preservation," 5 Supreme Court Economic Review 1 (1996). [CU]

    "Whose Democratic Vision of the Takings Clause? A Comment on Frank Michelman's Testimony on Senate Bill 605," 49 Washington University Journal of Urban and Contemporary Law 17 (1996). [CU]

    "Contract and Trust in Corporate Law: The Case of Corporate Opportunity," 21 Delaware Journal of Corporate Law 1 (1996). [CU]

    "The Future of Property Rights in America," 11 Journal of Private Enterprise 1 (1996). [CU]

    "Why Is This Man A Moderate? (reviewing William A. Fischel, Regulatory Takings: Law, Economics and Politics (1995))", 94 Michigan Law Review 1758 (1996). [CU]

    "Catastrophic Responses to Catastrophic Risks," 12 Journal of Risk and Uncertainty 287 (1996). [CU]

    "Book Review (reviewing James W. Ely, The Chief Justiceship of Melville W. Fuller, 1888-1910 (1995))", 40 American Journal of Legal History 109 (1996). [CU]

    "Norms: Social and Legal," Good Society 1 (1996). [CU]

    "Introduction," 15 Northern Illinois University Law Review 477 (1995). [CU]

    "Two Challenges for Feminist Thought," 18 Harvard Journal of Law and Public Policy 331 (1995). [CU]

    "The Permit Power Meets the Constitution," 81 Iowa Law Review 407 (1995). [CU]

    "The Status-Production Sideshow: Why the Antidiscrimination Laws Are Still a Mistake," 108 Harvard Law Review 1085 (1995). [CU]

    "Unconstitutional Conditions Puzzle," 4 Cornell Journal of Law and Public Policy 466 (1995). [CU] [WWW]

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

    "Surrogacy: The Case for Full Contractual Enforcement," 81 Virginia Law Review 2305 (1995). [CU]

    "Dolan v. City of Tigard: Brief of the Institute for Justice as Amicus Curiae in Support of Petitioner," 15 Northern Illinois University Law Review 493 (1995) (with William H. Mellor III). [CU]

    "History Lean: The Reconciliation of Private Property and Representative Government," 95 Columbia Law Review 591 (1995). [CU]

    "Are Values Incommensurable, or Is Utility the Ruler of the World?," 1995 Utah Law Review 683 (1995). [CU]

    "The Harm Principle - and How It Grew," 45 University of Toronto Law Journal 369 (1995). [CU]

    "The Moral and Practical Dilemmas of an Underground Economy," 103 Yale Law Journal 2157 (1994). [CU]

    "Standing Firm, on Forbidden Grounds," 31 San Diego Law Review 1 (1994). [CU]

    "Caste and the Civil Rights Laws: From Jim Crow to Same-Sex Marriages," 92 Michigan Law Review 2456 (1994). [CU]

    "The Legal Regulation of Genetic Discrimination: Old Responses to New Technology," 74 Boston University Law Review 1 (1994). [CU]

    "The Ubiquity of the Benefit Principle," 67 Southern California Law Review 1369 (1994). [CU]

    "Faculty-Edited Law Journals," 70 Chicago-Kent Law Review 87 (1994). [CU]

    "Introduction: Baron Bramwell at the End of the Twentieth Century," 38 American Journal of Legal History 241 (1994). [CU]

    "For a Bramwell Revival," 38 American Journal of Legal History 246 (1994). [CU]

    "The Place of Caste under the Civil Rights Laws: From Jim Crow to Same Sex Marriages," 92 Michigan Law Review 2456 (1994). [CU]

    "On the Optimal Mix of Private and Common Property," 11 Social Philosophy and Policy 17 (1994). [CU]

    "A False Sense of Social Reality: A Response to Erwin Chemerinsky," 3 Southern California Interdisciplinary Law Journal 445 (1993). [CU]

    "Holdouts, Externalities, and the Single Owner: One More Salute to Ronald Coase," 36 Journal of Law and Economics 553 (1993). [CU]

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

    "The Federalist Papers: From Practical Politics to High Principle," 16 Harvard Journal of Law and Public Policy 13 (1993). [CU]

    "Judicial Control over Expert Testimony: Of Deference and Education," 87 Northwestern University Law Review 1156 (1993). [CU]

    "Some Reflections on the Gender Gap in Employment," 82 Georgetown Law Journal 75 (1993). [CU]

    "Lucas v. South Carolina Coastal Council: A Tangled Web of Expectations," 45 Stanford Law Review 1369 (1993). [CU]

    "Legal Education and the Politics of Exlusion," 45 Stanford Law Review 1607 (1993). [CU]

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

    "Should Title VII of the Civil Rights Act of 1964 be Repealed?," 2 Southern California Interdisciplinary Law Journal 349 (1993) (with Erwin Chemerinsky). [CU]

    "Altruism: Universal and Selective," 67 Social Service Review 388 (1993). [CU]

    "Organ Transplants: Is Relying on Altruism Costing Lives?," American Enterprise 50 (1993). [CU]

    "Why is Health Care Special?," 40 University of Kansas Law Review 307 (1992). [CU]

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

    "A New Regime for Expert Witnesses," 26 Valparaiso University Law Review 757 (1992). [CU]

    "The Indivisibility of Liberty under the Bill of Rights," 15 Harvard Journal of Law and Public Policy 35 (1992). [CU]

    "Affirmative Action in Law Schools: The Uneasy Truce," 2 Kansas Journal of Law and Public Policy 33 (1992). [CU]

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

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

    "Exit Rights under Federalism," 55 Law and Contemporary Problems 147 (1992). [CU]

    "Property and the Politics of Distrust," 59 University of Chicago Law Review 41 (1992). [CU]

    "A Common Lawyer Looks at Constitutional Interpretation," 72 Boston University Law Review 699 (1992). [CU]

    "The Path to the T. J. Hooper: The Theory and History of Custom in the Law of Tort," 21 Journal of Legal Studies 1 (1992). [CU]

    "International News Service v. Associated Press: Custom and Law as Sources of Property Rights in News," 78 Virginia Law Review 85 (1992). [CU]

    "Property as a Fundamental Civil Right," 29 California Western Law Review 187 (1992). [CU]

    "Rights and 'Rights Talk' (reviewing Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (1991))", 105 Harvard Law Review 1106 (1992). [CU]

    "Ruminations on Lucas v. South Carolina Coastal Council: An Introduction to an Amicus Curiae Brief," 25 Loyola of Los Angeles Law Review 1225 (1992). [CU]

    "Tuskegee Modern, or Group Rights under the Constitution," 80 Kentucky Law Journal 869 (1991). [CU]

    "All Quiet on the Eastern Front," 58 University of Chicago Law Review 555 (1991). [CU]

    "A Clash of Two Cultures: Will the Tort System Survive Automobile Insurance Reform?," 25 Valparaiso University Law Review 173 (1991). [CU]

    "Regulation--and Contract--in Environmental Law," 93 West Virginia Law Review 859 (1991). [CU]

    Response, "The Single Owner Revisited: A Brief Reply to Professor Lewin", 93 West Virginia Law Review 901 (1991). [CU]

    "Rationing Access to Medical Care: Some Sober Second Thoughts," 3 Stanford Law and Policy Review 81 (1991). [CU]

    "The Legal Regulation of Lawyers' Conflicts of Interest," 60 Fordham Law Review 579 (1991). [CU]

    "Two Conceptions of Civil Rights," 8 Social Philosophy and Policy 38 (1991). [CU]

    "The Paradox of Civil Rights," 8 Yale Law and Policy Review 299 (1990). [CU]

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

    [CU]

    "Property and Necessity," 13 Harvard Journal of Law and Public Policy 2 (1990). [CU]

    "An Augmentation of the Guard," 19 Journal of Legal Studies 1 (1990). [CU]

    "No New Property," 56 Brooklyn Law Review 747 (1990). [CU]

    "The Independence of Judges: The Uses and Limitations of Public Choice Theory," 1990 Brigham Young University Law Review 827 (1990). [CU]

    "In Praise of Divided Government," 68 Washington University Law Quarterly 567 (1990). [CU]

    "Compassion and Compulsion," 22 Arizona State Law Journal 25 (1990). [CU]

    "Religious Liberty in the Welfare State," 31 William and Mary Law Review 375 (1990). [CU]

    "Introduction: The Law and Economics of Risk," 19 Journal of Legal Studies 531 (1990) (with Geoffrey P. Miller). [CU]

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

    "The Evolution of Product Liability Law," 1990 Policy 5 (1990). [CU]

    "The Varieties of Self-Interest," 8 Social Philosophy and Policy 102 (1990). [CU]

    "Property Rights and the New Legal Order (panel discussion)," 21 Cumberland Law Review 451 (1990). [CU]

    Response, "Rent Control Revisited: One Reply to Seven Critics", 54 Brooklyn Law Review 1281 (1989). [CU]

    "Justice across the Generations," 67 Texas Law Review 1465 (1989). [CU]

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

    "The Utilitarian Foundations of Natural Law," 12 Harvard Journal of Law and Public Policy 711 (1989). [CU]

    "Postscript: Subjective Utilitarianism," 12 Harvard Journal of Law and Public Policy 769 (1989). [CU]

    "Unconstitutional Conditions and Bargaining Breakdown," 26 San Diego Law Review 189 (1989). [CU]

    "Beyond Foreseeability: Consequential Damages in the Law of Contract," 18 Journal of Legal Studies 105 (1989). [CU]

    "Race and the Police Power: 1890 to 1937," 46 Washington and Lee Law Review 741 (1989). [CU]

    "Modern Republicanism--Or the Flight from Substance," 97 Yale Law Journal 1633 (1988). [CU]

    "Foreword: Unconstitutional Conditions, State Power, and the Limits of Consent," 102 Harvard Law Review 4 (1988). [CU]

    "The Unintended Revolution in Product Liability Law," 10 Cardozo Law Review 2193 (1988). [CU]

    "The Mistakes of 1937," 11 George Mason University Law Review 5 (1988). [CU]

    "AIDS, Testing and the Workplace," 1988 University of Chicago Legal Forum 33 (1988). [CU]

    "Charles O. Gregory--An Appreciation from the Wings," 74 Virginia Law Review 11 (1988). [CU]

    "Market and Regulatory Approaches to Medical Malpractice: The Virginia Obstetrical No-Fault Statute," 74 Virginia Law Review 1451 (1988). [CU]

    "Rent Control and the Theory of Efficient Regulation," 54 Brooklyn Law Review 741 (1988). [CU]

    "Classical Legal Tradition," 73 Cornell Law Review 292 (1988). [CU]

    "Covenants and Constitutions," 73 Cornell Law Review 906 (1988). [CU]

    "Luck," 6 Social Philosophy and Policy 17 (1988). [CU]

    "The Political Economy of Product Liability Reform," 78 American Economic Review 311 (1988). [CU]

    "Legal Liability for Medical Innovation," 8 Cardozo Law Review 1139 (1987). [CU]

    "The Fundamentals of Freedom of Speech," 10 Harvard Journal of Law and Public Policy 53 (1987). [CU]

    "Beyond the Rule of Law: Civic Virtue and Constitutional Structure," 56 George Washington Law Review 149 (1987). [CU]

    "Self-Interest and the Constitution," 37 Journal of Legal Education 153 (1987). [CU]

    "Public Trust Doctrine, The Government, the Economy, and the Constitution," 7 Cato Journal 411 (1987). [CU]

    "Inducement of Breach of Contract as a Problem of Ostensible Ownership," 16 Journal of Legal Studies 1 (1987). [CU]

    "Wilder v. Bernstein: Squeeze Play by Consent Decree," 1987 University of Chicago Legal Forum 209 (1987). [CU]

    "The Risks of Risk/Utility," 48 Ohio State Law Journal 469 (1987). [CU]

    "The Proper Scope of the Commerce Power," 73 Virginia Law Review 1387 (1987). [CU]

    "Causation - In Context: An Afterword," 63 Chicago-Kent Law Review 653 (1987). [CU]

    "Takings: Descent and Resurrection," 1987 Supreme Court Review 1 (1987). [CU]

    "Medical Malpractice, Imperfect Information, and the Contractual Foundation for Medical Services," 49 Law and Contemporary Problems 201 (1986). [CU]

    "An Outline of Takings," 41 University of Miami Law Review 3 (1986). [CU]

    "A Last Word on Eminent Domain," 41 University of Miami Law Review 253 (1986). [CU]

    "Was New York Times v. Sullivan Wrong?," 53 University of Chicago Law Review 782 (1986). [CU]

    "The Temporal Dimension in Tort Law," 53 University of Chicago Law Review 1175 (1986). [CU]

    "Past and Future: The Temporal Dimension in the Law of Property," 64 Washington University Law Quarterly 667 (1986). [CU]

    "Taxation in a Lockean World," 4 Social Philosophy and Policy 49 (1986). [CU]

    "Book Review (reviewing Patricia M. Danzon, Medical Malpractice: Theory, Evidence and Public Policy (1985))", 61 Quarterly Review of Biology 304 (1986). [CU]

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

    "Products Liability as an Insurance Market," 14 Journal of Legal Studies 645 (1985). [CU]

    "Positive and Normative Elements in Legal Education," 8 Harvard Journal of Law and Public Policy 255 (1985). [CU]

    "Two Fallacies in the Law of Joint Torts," 73 Georgetown Law Journal 1377 (1985). [CU]

    "Judicial Review: Reckoning on Two Kinds of Error," 4 Cato Journal 711 (1985). [CU]

    "The Uncertain Quest for Welfare Rights," 1985 Brigham Young University Law Review 201 (1985). [CU]

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

    "The Historical Origins and Economic Structures of Workers' Compensation Law," 7 Workmen's Compensation Law Review 1 (1985). [CU]

    "Views on Legal Education: An Exchange," 8 Harvard Journal of Law and Public Policy 269 (1985) (with Duncan Kennedy). [CU]

    "Introduction: Critical Issues in Tort Law Reform: A Search for Principles," 14 Journal of Legal Studies 459 (1985) (with George L. Priest). [CU]

    "The Legal and Insurance Dynamics of Mass Tort Litigation," 13 Journal of Legal Studies 475 (1984). [CU]

    "The Pitfalls of Interpretation," 7 Harvard Journal of Law and Public Policy 101 (1984). [CU]

    "Toward a Revitalization of the Contract Clause," 51 University of Chicago Law Review 703 (1984). [CU]

    "In Defense of the Contract at Will," 51 University of Chicago Law Review 947 (1984). [CU]

    "Introduction," 51 University of Chicago Law Review 945 (1984) (with Jeffrey Paul). [CU]

    "Introduction: Catastrophic Personal Injuries," 13 Journal of Legal Studies 415 (1984) (with Patricia Danzon). [CU]

    "Common Law, Labor Law, and Reality: A Rejoinder to Professors Getman and Kohler," 92 Yale Law Journal 1435 (1983). [CU]

    "Professor, Now Judge - A Tribute to Richard A. Posner," 12 Journal of Legal Studies 1 (1983). [CU]

    "A Common Law for Labor Relations: A Critique of the New Deal Labor Legislation," 92 Yale Law Journal 1357 (1983). [CU]

    "Blackmail, Inc.," 50 University of Chicago Law Review 553 (1983). [CU]

    "Taxation, Regulation, and Confiscation," 20 Osgoode Hall Law Journal 433 (1982). [CU]

    "The Social Consequences of Common Law Rules," 95 Harvard Law Review 1717 (1982). [CU]

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

    "Not Deference, but Doctrine: The Eminent Domain Clause," 1982 Supreme Court Review 351 (1982). [CU]

    "Private Property and the Public Domain: The Case of Antitrust," 24 Nomos: Economics and the Law 48 (1982). [CU]

    "Notice and Freedom of Contract in the Law of Servitudes Comments," 55 Southern California Law Review 1353 (1981). [CU]

    "The Historical Origins and Economic Structure of Workers' Compensation Law," 16 Georgia Law Review 775 (1981). [CU]

    "The Static Conception of the Common Law," 9 Journal of Legal Studies 253 (1980). [CU]

    "A Taste for Privacy? Evolution and the Emergence of a Naturalistic Ethic," 9 Journal of Legal Studies 665 (1980). [CU]

    "Automobile No-Fault Plans: A Second Look at First Principles," 13 Creighton Law Review 769 (1980). [CU]

    "Possession as the Root of Title," 13 Georgia Law Review 1221 (1979). [CU]

    "Plaintiff's Conduct in Products Liability Actions: Comparative Negligence, Automatic Division and Multiple Parties," 45 Journal of Air Law and Commerce 87 (1979). [CU]

    "Nuisance Law: Corrective Justice and Its Utilitarian Constraints," 8 Journal of Legal Studies 49 (1979). [CU]

    "Causation and Corrective Justice: A Reply to Two Critics," 8 Journal of Legal Studies 477 (1979). [CU]

    "Privacy, Property Rights, and Misrepresentations," 12 Georgia Law Review 455 (1978). [CU]

    "Private-Law Models for Official Immunity," 42 Law and Contemporary Problems 53 (1978). [CU]

    "Products Liability: The Search for the Middle Ground," 56 North Carolina Law Review 643 (1978). [CU]

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

    "The Limits of Medical Malpractice," 298 New England Journal of Medicine 1311 (1978). [CU]

    "Private Property and the Constitution", 30 Stanford Law Review 635 (1978). [CU]

    "Contracting Out of the Medical Malpractice Crisis," 20 Perspectives in Biology and Medicine 228 (1977). [CU]

    "Medical Malpractice: The Case for Contract," 1976 American Bar Foundation Research Journal 87 (1976). [CU]

    "Unconscionability: A Critical Reappraisal," 18 Journal of Law and Economics 293 (1975). [CU]

    "Intentional Harms," 4 Journal of Legal Studies 391 (1975). [CU]

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

    "Pleadings and Presumptions," 40 University of Chicago Law Review 556 (1973). [CU]

    "A Theory of Strict Liability," 2 Journal of Legal Studies 151 (1973). [CU]

    "Substantive Due Process by Any Other Name: The Abortion Cases," 1973 Supreme Court Review 159 (1973). [CU]

    "The Application of the Crane Doctrine to Limited Partnerships," 45 Southern California Law Review 100 (1972). [CU]

    "Grade Normalization," 44 Southern California Law Review 707 (1970). [CU]

    "The Consumption and Loss of Personal Property under the Internal Revenue Code," 23 Stanford Law Review 454 (1970). [CU]

Book Sections

    "How to Create Markets in Contestable Commodities," in The Global Body Market: Altruism's Limits, Michele Goodwin ed. (Cambridge University Press, 2013). [CU]

    "A Most Improbable 1787 Constitution: A (Mostly) Originalist Critique of the Constitutionality of the ACA," in The Health Care Case: The Supreme Court's Decision and Its Implications, Nathaniel Persily, Gillian Metzger & Trevor W. Morrison eds. (Oxford University Press, 2013). [CU]

    "The Legacy of Progressive Thought: Decline, not Death, By a Thousand Cuts," in The American Illness: Essays on the Rule of Law, Frank Buckley ed. (Yale University Press, 2013). [CU]

    "Sequential Injunctions in Patent Litigation: The Gratuitous Novelty of TiVo v. EchoStar," in Intellectual Property and the Common Law, Shyam Balganesh ed. (Cambridge University Press, 2013). [CU]

    "Playing by Different Rules? Property Rights in Land and Water," in Property in Land and other Resources, Daniel H. Cole & Elinor Ostrom eds. (Lincoln Institute of Land Policy, 2012). [CU]

    "Common Law Liability for Fire: A Conceptual, Historical, and Economic Analysis," in Wildfire Policy: Law and Economic Perspectives, Karen M. Bradshaw & Dean Lueck eds. (RFF Press, 2012). [CU]

    "What Is So Special About Intangible Property? The Case for Intelligent Carryovers," in Competition Policy and Patent Law Under Uncertainty: Regulating Innovation, G. Manne & J. Robert Wright eds. (Cambridge University Press, 2011). [CU]

    "Deferred Prosecution Agreements on Trial: Lessons from the Law of Unconstitutional Conditions," in Prosecutors in the Board Room: Using Criminal Law to Regulate Corporate Conduct, Anthony S. Barkow & Rachel E. Barkow eds. (2011). [CU]

    "The Imperfect Art of Medical Malpractice Reform," in Reforming America’s Health Care System: The Flawed Vision of ObamaCare, (Hoover, 2010). [CU]

    "The Many Faces of Fault in Contract Law: Or How to Do Economics Right, Without Really Trying," in Fault in American Contract Law, Omri Ben-Shahar & Ariel Porat eds. (Cambridge University Press, 2010). [CU]

    "The Law and Economics of Constitutionalism," in The Economics of Constitutional Law, Richard A. Epstein ed. (2009). [CU]

    "The Law and Economics of Constitutionalism," in The Economics of Constitutional Law, Richard A. Epstein ed. (2009). [CU]

    in Law, Liberty and the Competitive Market—Essays of Bruno Leoni, Carlo Lottieri ed. (Transaction Publishers, 2009). [CU]

    "What Broadcast Licenses Tell Us about Net Neutrality: Cosmopolitan Broadcasting Corporation v. FCC," in New Directions in Communications Policy, Randolph ed. (Carolina Academic Press, 2009). [CU]

    "Health Care One More Time," in Reacting to the Spending Spree: Policy Changes We Can Afford, Terry Anderson & Richard Sousa eds. (Hoover Institution Press, 2009). [CU]

    "What's Wrong with the Employee Free Choice Act," in Reacting to the Spending Spree: Policy Changes We Can Afford, Terry Anderson & Richard Sousa eds. (Hoover Institution Press, 2009). [CU]

    "What Broadcast Licenses Tell Us about Net Neutrality: Cosmopolitan Broadcasting Corporation v. FCC," in New Directions in Communications Policy, Randolph May ed. (Carolina Academic Press, 2009). [CU]

    "Unilateral Practices and the Dominant Firm: The European Community and the United States," in The Legal Foundations of Free Markets, S. Copp ed. (IEA, 2008). [CU]

    "Altruism and Valuable Consideration in Organ Transplantation," in When Altruism Isn't Enough: The Case for Compensating Kidney Donors, Sally Satel ed. (AEI Press, 2008). [CU]

    "Conclusion: Preemption Doctrine and Its Limits," in Federal Preemption: States' Powers, National Interests, Richard A. Epstein & Michael Greve eds. (2007) (with Michael Greve). [CU]

    "Conclusion: Preemption Doctrine and Its Limits," in Federal Preemption: States' Powers, National Interests, Richard A. Epstein & Michael Greve eds. (2007) (with Michael Greve). [CU]

    "Preemption in Context," in Federal Preemption: States' Powers, National Interests, Richard A. Epstein & Michael Greve eds. (AEI Press, 2007) (with Michael Greve). [CU]

    "Preemption in Context," in Federal Preemption: States' Powers, National Interests, Richard A. Epstein & Michael Greve eds. (AEI Press, 2007) (with Michael Greve). [CU]

    "ProCD v. Zeidenberg: Do Doctrine and Function Mix?," in Contract Stories, Douglas G. Baird ed. (Foundation Press, 2006). [CU]

    "Second-Order Rationality," in Behavioral Public Finance, Edward J. McCaffery & Joel Slemrod eds. (Russell Sage, 2006). [CU]

    "The Protection of Liberty, Property, and Equality.," in The Oxford Handbook of Political Economy, Barry R. Weingast & Donald A. Wittman eds. (Oxford University Press, 2006). [CU]

    "Mandatory Retirement for Supreme Court Justices," in Reforming the Court: Term Limits for Supreme Court Justices, Roger C. Cramton & Paul D. Carrington eds. (Carolina Academic Press, 2006). [CU]

    "Contract, not Regulation: UCITA and High-Tech Consumers Meet Their Consumer Protection Critics," in Consumer Protection in the Age of the 'Information Economy', Jane K. Winn ed. (Ashgate, 2006). [CU]

    "Weak and Strong Conceptions of Poverty: An Essay in Memory of Jim Harris," in Properties of Law: Essays in Honour of Jim Harris, T. Endicott, Joshua Getzler & Edwin Peel eds. (Oxford University Press, 2006). [CU]

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

    "Group Report: What Is the Role of Heuristics in Making Law?," in Heuristics and the Law, Engel & Gigerenzer eds. (MIT Press, 2006) (with Jonathan Haidt). [CU]

    "Rebuilding the Citadel: Privity, Causation, and Freedom of Contract," in Exploring Tort Law, M. Stuart Madden ed. (Cambridge University Press, 2005). [CU]

    "Obligation of Contract," in The Heritage Guide to the Constitution, David F. Forte & Matthew Spalding eds. (Regnery, 2005). [CU]

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

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

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

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

    "Libertarianism and Character," in Varieties of Conservatism in America, Peter Berkowitz ed. (Hoover Institution Press, 2004). [CU]

    "In and Out of Public Solution: The Hidden Perils of Forced and Unforced Property Transfer," in Property Rights: Cooperation, Conflict, and the Law, Terry Anderson & Fred S. McChesney eds. (Princeton University Press, 2003). [CU]

    "Steady the Course: Property Rights in Genetic Material," in Perspectives on Properties of the Human Genome, F. Scott Kieff ed. (Academic Press, 2002) (also published as a University of Chicago John M Olin Law & Economics Working Paper). [CU]

    "Animals as Objects, or Subjects, of Rights," in Animal Rights: Current Debates and New Directions, Martha Nussbaum & Cass R. Sunstein eds. (Oxford University Press, 2002) (also published as a University of Chicago John M Olin Law & Economics working paper). [CU]

    "Implications for Legal Reform," in Regulation Through Litigation, W. Kip Viscusi ed. (AEI-Brookings Joint Center for Regulatory Studies, 2002). [CU]

    "From Social Norms to Legal Norms: A Neglected Cause of Big Government," in Politics at the Turn of the Century, Arthur M. Melzer, Jerry Weinberger & Richard Zimmerman eds. (Rowman and Littlefield, 2001). [CU]

    "The Marriage of Art and Business," in Unsettling 'Sensation': Arts-Policy Lessons from the Brooklyn Museum of Art Controversy, Lawrence Rothfield ed. (Rutgers University Press, 2001). [CU]

    "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, F. W. Rushing ed. (2000). [CU]

    "Transactions Costs and Property Rights; or, Do Good Fences Make Good Neighbors," in Chicago Lectures in Law and Economics, Eric Posner ed. (Foundation Press, 2000). [CU]

    "Intellectual Property: Top Down and Bottom Up," in Capital For Our Time, N. Imparato ed. (Hoover Institution Press, 1999). [CU]

    "Contracts Small and Contract Large: Contract Law Through the Lens of Laissez-Faire," in The Fall and Rise of Freedom of Contract, Frank Buckley ed. (Duke University Press, 1999). [CU]

    "Foreword: Entering and Excelling in Law School Teaching," in Law School and Beyond: The IHS Guide to Careers in Legal Academia, John Moser, Richard A. Epstein & Tom W. Bell eds. (Institute for Humane Studies, 1999). [CU]

    "Foreword: Entering and Excelling in Law School Teaching," in Law School and Beyond: The IHS Guide to Careers in Legal Academia, John Moser, Richard A. Epstein & Tom W. Bell eds. (Institute for Humane Studies, 1999). [CU]

    "A Rush to Caution: The Cloning of Human Beings," in Clones and Clones: Facts and Fantasies About Human Cloning, Martha Nussbaum & Cass R. Sunstein eds. (W. W. Norton, 1998). [CU]

    "Common Carriers," in 1 The New Palgrave Dictionary of Economics and the Law. Peter Newman ed. (Macmillan Reference, 1998). [CU]

    "Possession," in The New Palgrave Dictionary of Economics and the Law. Peter Newman ed. (Grove Dictionaries, 1998). [CU]

    "Takings," in The New Palgrave Dictionary of Economics and the Law. Peter Newman ed. (Grove Dictionaries, 1998). [CU]

    "Customary Practices and the Law of Torts," in 1 The New Palgrave Dictionary of Economics and the Law. Peter Newman ed. (Macmillan Reference, 1998). [CU]

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

    "Private Property and the Politics of Distrust," in Drawing the Line: Property Rights and Environmental Protection: Proceedings of a Washington Research Council/Center for Competitive Strategies Conference, John S. Archer ed. (Center for Competitive Strategies Washington Research Council, 1992). [CU]

    "Beyond Foreseeability: Consequential Damages in the Law of Contract," in Liability and Responsibility: Essays in Law and Morals, R. Frey & C. Morris eds. (Cambridge University Press, 1991). [CU]

    "Competition and Corporate Law: Response," in The Function and Purpose of Corporate Law: Proceedings of a Conference held by Tasman Institute on 16 July 1990 in Melbourne, (The Institute, 1991). [CU]

    "The Two Faces of Corporate Law," in The Function and Purpose of Corporate Law: Proceedings of a Conference held by Tasman Institute on 16 July 1990 in Melbourne, (The Institute, 1991). [CU]

    "Resolved: The Civil Rights Act of 1990 Is a Threat to Our Civil Rights," in Flad-Burning, Discrimination, and the Right to Do Wrong, (Cato Institute, 1990) (debate with Antonio J Califa). [CU]

    "Market and Regulatory Approaches to Medical Malpractice: The Virginia Obstetrical No-Fault Statute," in Medical Professional Liability and the Delivery of Obstetrical Care, (1989). [CU]

    "Was New York Times v. Sullivan Wrong?," in The Cost of Libel: Economic and Policy Implications, Everette E. Dennis & Eli M. Noam eds. (Columbia University Press, 1989). [CU]

    "On Limiting the Scope for Scientific Evidence," in Science and Technology Advice to the President, Congress, and Judiciary, William T. Golden ed. (Pergamon Press, 1988). [CU]

    "The Uneasy Quest for Welfare Rights," in Constitutionalism and Rights, G. Bryner & Noel Reynolds eds. (SUNY Press, 1987). [CU]

    "Legal Liability for Medical Innovation," in Medical Innovation and Bad Outcomes, Mark Siegler ed. (Health Administration Press, 1987). [CU]

    "Liability of Accountants for Negligence: How Can We Tell the Best Rule?," in Business Law: Principles, Cases and Policy, Mark E. Roszkowski ed. (Little Brown, 1987). [CU]

    "The Morals and Techniques of Medical Innovation," in Medical Innovation and Bad Outcomes: Legal, Social, and Ethical Responses, Mark Siegler ed. (University of Michigan Health Press, 1987). [CU]

    "Introduction," in The New Right v. the Constitution, Stephen Macedo ed. (Cato Institute, 1986). [CU]

    "In Defense of the Contract at Will," in Labor Law and the Employment Market, Richard A. Epstein & Jeffrey Paul eds. (Transaction Books, 1985). [CU]

    "In Defense of the Contract at Will," in Labor Law and the Employment Market, Richard A. Epstein & Jeffrey Paul eds. (Transaction Books, 1985). [CU]

    "Agency Costs, Employment Contracts, and Labor Unions," in Principals and Agents: The Structure of Business, John W. Pratt & Richard Zeckhauser eds. (Harvard Business School Press, 1985). [CU]

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

    "Voting Theory, Union Elections, and the Constitution," in Nomos XVIII: Due Process, John William Chapman & J. Roland Pennock eds. (New York University Press, 1977). [CU]

    "Medical Malpractice: Its Cause and Cure," in The Economics of Medical Malpractice, S. Rottenberg ed. (AEI Press, 1977). [CU]

    "Crime and Tort: Old Wine in Old Bottles," in Assessing the Criminal: Restitution, Retribution, and the Legal Process, Randy E. Barnett & John Hagel eds. (Ballinger Publishing Company, 1977). [CU]

    "Voting Theory, Union Elections, and the Constitution," in Due Process, John William Chapman & J. Roland Pennock eds. (New York University Press, 1977). [CU]

Other Publications

    "The Dangerous Incentive Structures of Nonprosecution and Deferred Prosecution Agreements," The Heritage Foundation, June 27, 2014. [WWW]

    "The United State of America," The Atlantic, July 2014 (with Mario Loyola). [WWW]

    "Saving Federalism," National Affairs, Summer 2014 (with Mario Loyola).

    "Libertarians of La Mancha: Objections to NSA Surveillance are Too Often Fanciful," The Weekly Standard, July 2013 (with Mario Loyola). [WWW]

    "The Disabling of America," The American Interest, June 2013 (with Mario Loyola). [WWW]

    "The Irrelevance of the First Amendment to the Modern Regulation of the Internet," Icarus, Fall 2013. [CU] [WWW]

    "NSA Surveillance in Perspective," Chicago Tribune, June 13, 2013.

    "Rent Control Hits the Supreme Court," Wall Street Journal, January 5, 2012. [WWW]

    "California Ill-Served by Development Agencies," San Francisco Chronicle,, January 21, 2012. [WWW]

    "A Confused Opinion," New York Times, June 29, 2012, at p. 25.

    "The Dangerous Experiment of the Durbin Amendment," Regulation, 2011.

    "Justice Breyer At the Lectern, review of Making Our Democracy Work," Barron's, January 2011.

    "ObamaCare's Next Constitutional Challenge: The Medicaid Provision of the Health Law Spells the Death Knell for Competition among the States," Wall Street Journal, June 8, 2011 (with Mario Loyola).

    "Why Progressive Policies Always Fail," Washington Examiner, December 6, 2011. [WWW]

    "Secret of Ronald Reagan’s Success," Chicago Tribune, February 7, 2011. [WWW]

    "Property, Regulatory Policy, or Hybrid? The Elusive Status of Intellectual Property," Free State Foundation, January 12, 2011.

    "BP Doesn't Deserve a Liability Cap," Wall Street Journal, June 17, 2010, at p. 21.

    "BP Should Pay for All the Damage," Wall Street Journal, June 25, 2010, at p. 20 (with John Rudy).

    "Obamacare's Phony Medicaid 'Deal'," Wall Street Journal, May 11, 2010, at p. 15.

    "Google-itis: Beware of Class Action Settlements," Financial Times, January 5, 2010. [WWW]

    "No Limits: Why ObamaCare's Commerce-Clause Argument Just Doesn't Work," Chicago Tribune, December 20, 2010. [WWW]

    "Price Controls on Your Wallet, New Regulations Threaten Banking Disaster," Washington Times, December 30, 2010. [WWW]

    "The Employee Free Choice Act: Free Choice or No Choice for Workers Civil Justice Forum 45," The Manhattan Institute for Policy Research, 2009. [WWW]

    "CEO's Legal Lament," Chief Executive Magazine, October 2009 (also published in Regulation).

    "An American Icon Speaks Out (reviewing Robert Bork, A Time to Speak: Selected Writings and Arguments by Robert Bork (2008))," Regulation, 2009, at p.4.

    "Maverick in the Courtroom," Hoover Digest, 2009. [WWW]

    "The Ominous Employee Free Choice Act," Regulation, Spring 2009.

    "Krugman’s Scapegoats: Rebutting the Times columnist’s attempt to pin the market meltdown on the Chicago School," National Review, October 2009.

    "The Sanctity of Contracts in a World of Bailouts," Chief Executive Magazine, May May/June 2009. [WWW]

    "Why Constitutions Matter: Examining the Legal Roots of the Financial Crisis," National Review, May 2009.

    "Twombly, After Two Years: The Procedural Revolution in Antitrust That Wasn’t," GCP Magazine, July 2009.

    "The Intersection of Antitrust, Patents, and FDA Law: The TriCor Litigation," GCP (Global Competition Policy), March 2009. [WWW]

    "The Ominous Employee Free Choice Act," Regulation, 2009.

    "Taking Law Made Hard Property," Regulation, 2009.

    "Cancer Patients Deserve Faster Access to Life-Saving Drugs," Wall Street Journal, May 3, 2009.

    "The European Commission Strikes Again," Financial Times, May 29, 2009.

    "Harry Reid Turns Insurance Into a Public Utility," Wall Street Journal, December 23, 2009. [WWW]

    "How Other Countries Judge Malpractice: The Health-care Systems Democrats Want to Emulate Don't Allow Contingency Fees or Large Jury Awards," Wall Street Journal, June 31, 2009.

    "Mandatory Labor Arbitration," Washington Times, March 25, 2009.

    "Is the Bonus Tax Unconstitutional?," Wall Street Journal, March 27, 2009.

    "The Unravelling of Patents in the U.S.," Financial Times, March 1, 2009.

    "Public Utility Concept for Health Insurance," Wall Street Journal, December 30, 2009.

    "Foreword: The Role of Property Rights and Voluntary Exchange for Economic Development," International Property Rights Index, 2008.

    "The Employee No Choice Act: Watch Out The EFCA Could Lead to the Partial Nationalization of All Unionized Firms," Chief Executive Magazine, November 2008.

    "The Taking of Port Chester," Forbes, March 2008.

    "The Future of MandA: Will Regulatory Pressure Quell Acquisitions?," Chief Executive Magazine, September 2008.

    "Understanding Immigration and Trade," Chief Executive Magazine, April April/May 2008.

    "Every Vote Should Count for Unions," Wall Street Journal, December 25, 2008, at p. A10.

    "Legal Analogies and Metaphors in a High-tech Age," Financial Times, January 16, 2008. [WWW]

    "How to Complicate Habeas Corpus," New York Times, June 22, 2008, at p. 19.

    "Special Patent Pleaders," Financial Times, April 22, 2008. [WWW]

    "Anonymous judging in the EU," Financial Times, March 27, 2008. [WWW]

    "Breaking the Patent Logjam," Financial Times, August 29, 2008.

    "A Labor Dilemma for President Obama," New York Post, October 22, 2008.

    "Back to Basics for New Zealand Labor Markets," New Zealand Centre for Political Research Newsletter, December 15, 2008. [WWW]

    "The Employee Free Choice Act Is Unconstitutional," Wall Street Journal, December 20, 2008.

    "Cambridge v. Chicago: An Answer to Dr Arnold Relman’s New Republic Review of Overdose," Pointoflaw.com, 2007. [WWW]

    "The Road to Stagnation," New Zealand Centre for Political Debate Online Forum, March 13, 2007. [WWW]

    "Don’t Trust Me: How We Guard Our Guardians," Hoover Digest, 2007. [WWW]

    "Don’t Trust Me (Except this One Time)," University of Chicago Law School Record, Fall 2007.

    "Death Without Taxation," Chief Executive Magazine, June 2007.

    "The Wright Stuff," Regulation, Spring 2007.

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

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

    "Lessons from the Labor Market," Chief Executive Magazine, July July/August 2007.

    "Wright Stuff, The Antitrust," Regulation, 2007.

    "Property Rights Movement and Intellectual Property, The Property," Regulation, 2007.

    "A Pretextual Taking: The Didden Decision," National Law Journal, January 9, 2007, at p. 27 (with Ilya Somin). [WWW]

    "Legal Sanity 'Discovered'," Wall Street Journal, May 25, 2007, at p. A17.

    "Scalia's Judicial Activism," Wall Street Journal, June 30, 2007, at p. A15.

    "Drug Crazy," Wall Street Journal, March 27, 2007, at p. A14.

    "Detainees and Habeas Corpus," Wall Street Journal, February 29, 2007, at p. B10.

    "AIDS Drugs: Are Property Rights and Human Rights in Conflict?," Financial Times Online, May 16, 2007.

    "The School Integration Cases: Misguided Approach," National Law Journal, August 2, 2007.

    "Two Minds on Injunctive Relief," Financial Times, August 16, 2007. [WWW]

    "It’s Time To Strip Public Unions Of Their Monopoly Power," Jewish Daily-Forward, July 12, 2007.

    "Privatising Bandwidth," Financial Times, July 25, 2007. [WWW]

    "Double Trouble for American Telecoms," Financial Times, June 20, 2007, at p. 9.

    "EU Continues Battle Against Microsoft," Financial Times Online, March 6, 2007.

    "Risky Drug Business," Wall Street Journal, April 24, 2007, at p. A18.

    "Misguided Approach," National Law Journal, August 2, 2007. [WWW]

    "Pork and Power," Guardian Online, January 6, 2007.

    "Bid Farewell to Capgains Tax," New York Sun, January 6, 2007, at p. 7.

    "Double Trouble for Telecommuications Companies," Financial Times, January 10, 2007.

    "You Do the Math!," New Republic Online, March 14, 2006.

    "A New Year's Resolution for CEOs: No Special Deals," Chief Executive Magazine, December 2006.

    "The War on Plastic: The Push to Regulate the Payment Card Industry Threatens Consumers," Regulation, Fall 2006 (with Thomas P. Brown).

    "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 Magazine, September 2006.

    "Wal-Mart: The Good Guys," Opening Argument, 2006.

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

    "War on Plastic, The Antitrust," Regulation, 2006 (with Thomas P. Brown).

    "A Welcome Revolution," National Law Journal, February 7, 2006. [WWW]

    "Kidney Beancounters," Wall Street Journal, May 16, 2006, at p. A15.

    "Trust Busters on the Supreme Court," Wall Street Journal, July 13, 2006, at p. A16.

    "Navigable Waters? (Rapanos v. US)," National Law Journal, August 3, 2006, at p. 27. [WWW]

    "What's Good for Pharma Is Good for America," Boston Globe, December 4, 2006, at p. E1.

    "The Myth of the Big Bad Drug Companies," Los Angeles Times, December 23, 2006, at p. A39.

    "Altruism and Barter," National Law Journal, May 9, 2006. [WWW]

    "Court Soft on Property Rights," Financial Times, May 18, 2006.

    "Trolling for (patent) Trouble," Financial Times, April 4, 2006.

    "Competition Law in Two Easy Steps," Financial Times Online, July 13, 2006.

    "The Problem With Presidential Signing Statements," Chicago Tribune, July 17, 2006, at p. C5.

    "Patent's Downward Spiral," Financial Times Online, July 20, 2006.

    "Produce the Body," Wall Street Journal, October 8, 2006, at p. A7.

    "Google in Treacherous Waters," Financial Times, February 7, 2006.

    "Patents--to Nationalise, or Otherwise.," Financial Times Online, November 8, 2006.

    "Executive Power on Steroids," Wall Street Journal, February 14, 2006.

    "The Deferred Prosecution Racket," Wall Street Journal, November 29, 2006, at p. A14.

    "Tunney Act Populism Goes Astray," Financial Times Online, September 22, 2006.

    "Why NZ, and Everybody Else, Needs a Flat Tax," New Zealand Center for Political Research, 2005.

    "A Short History of Product Liability Law," Pointoflaw.com, 2005. [WWW]

    "Supreme Court Discussion with Stephen Presser," Pointoflaw.com, 2005. [WWW]

    "Pharma Furor (reviewing Jerome Kassirer, On the Take: How Medicine's Complicity with Big Business Can Endanger Your Health (2005) and Marcia Angell, The Truth About the Drug Companies: How They Deceive Us and What We Can Do About It (2004))," Legal Affairs, January 2005, at p.60.

    "A Popular Insurrection on Property Rights," Freeman, November 2005.

    "How Big Should Government Be?," New Zealand Business Roundtable, 2005.

    "Is There Unequal Bargaining Power in the Labour Market?," New Zealand Business Roundtable, 2005.

    "A Country is not a Company," New Zealand Business Roundtable, 2005.

    "Affirmative Action: The US Experience and Implications for New Zealand," New Zealand Business Roundtable, 2005.

    "Behavioural Economics," New Zealand Business Roundtable, 2005.

    "Fairness in a Liberal Society," New Zealand Business Roundtable, 2005.

    "The Foreshore and Seabed," New Zealand Business Roundtable, 2005.

    "Understanding America," New Zealand Business Roundtable, 2005.

    "What Do We Mean By the Rule of Law?," New Zealand Business Roundtable, 2005. [WWW]

    "Rule Roe v. Wade Inadmissable in Alito's Confirmation Hearings," Jewish Forward, December 10, 2005.

    "For Love or Money (reviewing Viviana A. Zelizer, The Purchase of Intimacy (2005))", New York Times Book Review, September 19, 2005, at p.23.

    "Overrule Teal," National Law Journal, August 16, 2005, at p. 23. [WWW]

    "A Further Fix is Needed to Class Action Fairness Act," New Jersey Law Journal, November 29, 2005. [WWW]

    "FDA Goes Overboard," New Jersey Law Journal, May 31, 2005. [WWW]

    "Supreme Folly," Wall Street Journal, June 28, 2005, at p. A14.

    "Learning to Live with Risky Drugs," National Post, August 3, 2005, at p. A15.

    "Organs for Sale," National Post, March 30, 2005, at p. A20.

    "Ambush in Angleton," Wall Street Journal, August 23, 2005, at p. A10.

    "Class Action Fairness Act: Further Fix Needed," National Law Journal, November 22, 2005, at p. 23.

    "Written in Stone," Wall Street Journal, September 18, 2005, at p. A15.

    "Two Ways of Viewing IP," Financial Times, April 8, 2005.

    "Handouts No Boom to Business," New Zealand Herald, July 19, 2005.

    "Who Will Judge the Inquisitors?," Wall Street Journal, July 22, 2005.

    "Best Efficiency Gains Flow from Hands-Off Approach," New Zealand Herald, March 2, 2005.

    "The Pain of Eminent Domain," Philadelphia Inquirer, March 2, 2005.

    "ECA Didn't Make the Sky Fall In," New Zealand Herald, March 9, 2005.

    "Rethink 'Wickard'," National Law Journal, January 18, 2005. [WWW]

    "Flat Tax Essay," New Zealand Herald, January 31, 2005.

    "Grokster, the Contributory Infringement Wars," Financial Times, January 1, 2005.

    "A Kind Word for MercExchange," Financial Times, December 22, 2005.

    "Going Overboard: The FDA," National Law Journal, May 3, 2005.

    "Coercion vs Consent," Reason, March 2004.

    "Defining Social Welfare - and Achieving It," Hoover Digest, November 2004.

    "Takings, Givings, and Bargain: Multiple Challenges to Limited Government," New Zealand Business Roundtable, 2004.

    "The Case for the Flat Tax," New Zealand Business Roundtable, 2004.

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

    "Is There a Biomedical Anticommons Health & Medicine?," Regulation, 2004 (with Bruce N. Kuhlik).

    "Class Actions: Warping the Law," National Law Journal, March 23, 2004.

    "It's a Win-Win Situation, Even if Some Win More Than Others," Los Angeles Times, June 28, 2004, at p. M5.

    "Live and Let Live," Wall Street Journal, July 14, 2004, at p. 13A.

    "The Dangers of a Contradictory Constitution," Financial Times, October 12, 2004, at p. 17.

    "Lawyers' Rise or Fall?," National Law Journal, May 1, 2004. [WWW]

    "Where Antitrust Law Went Wrong," Financial Times, July 20, 2004.

    "Can Intellectual Property Survive Its Critics?," Financial Times, March 10, 2004. [WWW]

    "Foreign Headaches," National Law Journal, July 13, 2004 (with Michael Greve). [WWW]

    "Look at Damages First," National Law Journal, September 28, 2004. [WWW]

    "The Case for Flat Taxes," New Zealand Herald, January 1, 2004.

    "Why Open Source Software Is Not Sustainable," Financial Times, October 22, 2004.

    "Why Rule Out Copyright Protection for Databases?," Financial Times, November 23, 2004.

    "Tampering in Labour Market Limits Options," National Business Review, August 7, 2004.

    "How Economics Works (reviewing Thomas Sowell, Applied Economics: Thinking Beyond Stage One (2004))," National Review, December 2003, at p.37.

    "No Canadian Cure for Our Health Care Malaise," Medicine on the Midway, summer 2003.

    "Economic Malpractice," Forbes, October 2003.

    "Justice Brown Attacks New Deal Assumptions," San Jose Mercury News, November 17, 2003, at p. 5P.

    "Law and Economics: A Synagogue in Suburbia," National Law Journal, September 2, 2003, at p. 31. [WWW]

    "In Defence of the UCITA," Financial Times, April 3, 2003.

    "A Sore Loser on Cybertrespass," Financial Times, July 24, 2003.

    "Let Competition Solve the Quandary," National Law Journal, April 15, 2003.

    "The Perils of Transition," Financial Times, January 23, 2003.

    "Sarbanes Overdose," National Law Journal, January 28, 2003. [WWW]

    "Free Markets Demand Protection," Financial Times, October 14, 2003.

    "What Are Internet Services?," Financial Times, October 21, 2003.

    "Classical, Liberal, Rational," Wall Street Journal, September 6, 2003.

    "In Defense of UCITA," Financial Times, April 3, 2003.

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

    "Rawls Remembered: An Appreciation from the Right," National Review Online, 2002.

    "Remembering Rawls: An Appreciation from the Right," National Review Web, November 28, 2002. [WWW]

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

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

    "Is There a Good Monopoly?," IPI Ideas, September 2002.

    "Faculty Meditations on Life at the Law School," University of Chicago Law School Record, 2002 (with Martha Nussbaum, Kenneth W. Dam& Geoffrey R. Stone, Cass R. Sunstein & Tracey L. Meares).

    "Chess Rules," University of Chicago Law School Record, Fall 2002.

    "Against Redress," Daedelus, Winter 2002.

    "Digital Rights Management: Best Left to Private Contract," Legal Backgrounder, November 2002.

    "Color Schemes: Can Affirmative Action be Reconciled with Liberal Individualism?," Reason, 2002.

    "How Much Privacy Do We Really Want," Hoover Digest, 2002.

    "The Myth of Ownership: Taxes and Justice," National Review, 2002, at p.49.

    "Taking the Con out of Con. Law," National Review, 2002.

    "Whose Utility Counts?," National Law Journal, August 13, 2002, at p. A19. [WWW]

    "Soldier Field as Public Misuse," Chicago Daily Law Bulletin, November 21, 2002, at p. 6. [WWW]

    "If It Ain't Broke . . . .," Financial Times, July 5, 2002.

    "The Disclosure Dilemma," Boston Globe, November 4, 2002.

    "Law and Economics: Just Scrap Title IX," National Law Journal, October 15, 2002.

    "Comments on Lessig on Open Internet Access," Financial Times, December 15, 2002.

    "A Changing of the Antitrust Guard," Financial Times, November 14, 2002.

    "The Market Has a Heart," Wall Street Journal, February 22, 2002, at p. A18.

    "Not Too Late to Stop Soldier Field Giveaway," Chicago Tribune, May 6, 2002, at p. 11.

    "Taking by Slivers," National Law Journal, May 7, 2002, at p. 21.

    Class Actions: The Need for a Hard Second Look, (Manhattan Institute for Policy Research - Center for Legal Policy, 2002). [CU]

    "Respect Bayer's Patent," Wall Street Journal, 2001. [WWW]

    "The Legacy of Election 2000," Reason, March 2001.

    "Phew!," Wall Street Journal, June 30, 2001, at p. A10.

    "Through the Smog: What the Court Actually Ruled," Wall Street Journal, March 2, 2001, at p. A22.

    "Assault with Blunt History (reviewing Garry Wills, A Necessary Evil: A History of American Distrust of Government (1999))," Reason, May 2000, at p.55.

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

    "The Only Fair Way," National Review, December 2000.

    "A Necessary Evil: A History of American Distrust of Government," Reason, 2000.

    "The Price of Judge's Hubris," Wall Street Journal, June 10, 2000, at p. A18.

    "Competing to Make Medicare Worse," New York Times, September 8, 2000, at p. A31.

    "End It Now," Wall Street Journal, November 27, 2000, at p. A26.

    "Florida's Lawless Court . . .," Wall Street Journal, December 12, 2000, at p. 40A.

    "Unexplored Tributaries (reviewing William G. Bowen & Derek Bok, The Shape of the River: Long-Term Consequences of Considering Race in College and University Admissions (1998))," Reason, February 1999, at p.61.

    "The Libertarian Quartet (reviewing Randy Barnett, The Structure of Liberty: Justice and the Rule of Law (1998))," Reason, January 1999, at p.61.

    "The Ideological Debate in Education ," New Zealand Business Roundtable, 1999.

    "Controlling Company Takeovers: By Regulation or Contract?," New Zealand Business Roundtable, 1999.

    "MMP: The Right Decision?," New Zealand Business Roundtable, 1999.

    "Age Discrimination and Employment Law," New Zealand Business Roundtable, 1999.

    "Communications Regulation," New Zealand Business Roundtable, 1999.

    "Property Rights and Takings," New Zealand Business Roundtable, 1999.

    "Regulatory Reform in Schooling," New Zealand Business Roundtable, 1999.

    "Restoring Sanctity of Contract in Employment Relationships," New Zealand Business Roundtable, 1999.

    "Towards a Regulatory Constitution," New Zealand Business Roundtable, 1999.

    "Environmental Law 101," Hoover Digest, 1999.

    "The Shape of the River: Long-Term Consequences of Considering Race in College and University Admissions," Reason, February 1999.

    "The Structure of Liberty: Justice and the Rule of Law," Reason, January 1999, at p.61.

    "The Next Rights Revolution," National Review, 1999.

    "Privacy, Please," National Review, 1999.

    "Microsoft, Macro Screwed," National Review, 1999.

    "Visionaries Revisited (Hayek and Orwell)," Chicago Sun Times, November 8, 1999, at p. 30A.

    "Time Requirement to Become an Attorney Should Not be Cut," Los Angeles Daily Journal, December 16, 1999.

    "HMO Lawsuits: A Liability for Patients, Too," Wall Street Journal, October 29, 1999.

    "Law Suits Aimed at Guns Probably Won't Hit Crime," Wall Street Journal, December 10, 1999.

    "Intellectual Property: Top Down and Bottom Up," University of Chicago Law School Record, 1998 (abridged form).

    "Sell Your Body, Save a Life," Wall Street Journal, April 17, 1998, at p. A22.

    "Congress's Copyright Giveaway," Wall Street Journal, December 22, 1998, at p. A19.

    "Monoply Is Bad. Trustbusting Can Be Worse," Wall Street Journal, July 7, 1998, at p. A14.

    "The Interior Diaspora (reviewing Elliott Abrams, Faith or Fear: How Jews Can Survive in Christian America (1997))", New York Times Book Review, August 11, 1997, at p.26.

    "Bork's Bite: (reviewing Robert H. Bork, Slouching Towards Gomorrah: Modern Liberalism and Americna Decline (1996)", New York Times Book Review, October 21, 1997, at p.18.

    "Faith or Fear: How Jews Can Survive in Christian America", New York Times Book Review, August 11, 1997.

    "PASH Decision Reflects Worldwide Disputes," Honolulu Advertiser, June 23, 1997, at p. B3.

    "Big Tobacco's Big Mistake," New York Times, June 26, 1997, at p. A19.

    "Economics and the Judges: The Case for Simple Rules and Boring Courts," New Zealand Business Roundtable, 1996.

    "Employment Law: Courts and Contracts," New Zealand Business Roundtable, 1996.

    "Accident Compensation: The Faculty Basis of No-fault and State Provision," New Zealand Business Roundtable, August 1996.

    "The Concealment, Use and Disclosure of Information," New Zealand Business Roundtable, August 1996.

    "Shamans, Software and Spleens: Law and the Construction of the Information Society," Economic Affairs, August 1996.

    "Back to Basics in the Health Care Debate," New Zealand Business Roundtable, July 1996.

    "Human Rights and Anti-discrimination Legislation," New Zealand Business Roundtable, September 1996.

    "The First Freedoms (reviewing Ronald Dworkin, Freeman's Law: The Moral Reading of the American Constitution (1996))", New York Times Book Review, May 27, 1996, at p.A12.

    "Courts Should Not Play with Employment Act," New Zealand Herald, May 22, 1996.

    "Review of Ronald Dworkin", New York Times, May 27, 1996, at p.A12.

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

    "Takings Exception: An Interview with Reason Magazine," Reason, 1995.

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

    "His Terrible Swift Sword (reviewing Thomas Sowell, The Vision of the Anointed: Self-congratulation as a Basis for Social Policy (1995))", New York Times Book Review, July 31, 1995, at p.6.

    "His Terrible Swift Sword," New York Times, July 31, 1995, at p. 6.

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

    "Pondering the Kevorkian Question: The Right to End Suffering Belongs to the Individual," Chicago Tribune, May 7, 1994, at p. 23.

    "Reining In the Land-Use Planners," Chicago Tribune, July 23, 1994, at p. 23 (with William H. Mellor III).

    "The Welfare State's Threat to Religion," Wall Street Journal, July 28, 1994, at p. A15.

    "A Takings Exception," Washington Post, February 24, 1994.

    "Where the Action is: Congress, Not the Supreme Court," Wall Street Journal, April 21, 1994.

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

    "Unmanageable Care," Reason, May 1993.

    "Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom," Reason, November 1993.

    "Property vs Privacy: A False Constitutional Opposition," Federalist Paper, July1993, at p. 7.

    "Sex-Blind Jurisprudence Isn't Always Fair," Wall Street Journal, July 22, 1993.

    "Diversity Yes, but Without Coercion," Wall Street Journal, April 23, 1992, at p. 19.

    "Testing the Wall Between Church and State," Wall Street Journal, December 24, 1992, at p. A9.

    "Rule of Law: Diversity Yes, but Without Coercion," Wall Street Journal, April 23, 1992.

    "Testing the Barrier Between Church and State," Wall Street Journal, December 24, 1992.

    "As Unions Decline, Labor Law Constrain the Job Market," Wall Street Journal, September 3, 1992, at p. A11.

    "Keep Mandatory Retirement for Tenured Faculty Modernizing the Financial System: Are Narrow Banks the Answer?," Regulation, 1991 (with Saunders MacLane).

    "Book Review (reviewing Emord, Jonathan W., Freedom, Technology and the First Amendment (1991))," Communications Lawyer, 1991, at p.26.

    "The Riddles of Our Charter's Meaning, Law, and Economics Approach to the Bill of Rights," Newsday, December 16, 1991, at p. 46.

    "Keep Mandatory Retirement for Tenured Faculty," Scripps Howard News Service, August 27, 1991 (with Saunders Mac Lane).

    "Natural Resource Law," New Zealand Business Roundtable, 1990.

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

    "Voluntary Euthanasia," University of Chicago Law School Record, spring 1989.

    "The Who and the What of Tort Reform," World and I, February 1989.

    "Establish Justice," Reason, May 1988.

    "The AIDS Commission's Hidden Tax," Wall Street Journal, June 14, 1988, at p. 12.

    "Affirmative Reaction," New Republic, October 1987.

    "Why Not a Free Market in Evaluating Our Professors," Legal Times, April 7, 1987, at p. 10.

    "Private Property Makes a Comeback," Wall Street Journal, July 24, 1987.

    "Robert Bork and Business: A Man of Two Clashing Principles," New York Times, August 24, 1987, at p. 3.

    "Bork-Bashing: Easy, Unedifying and Irresponsible," Chicago Tribune, August 1, 1987, at p. 9.

    "Age Discrimination Statute: Good Politics, Bad Economics," Legal Times, February 10, 1987, at p. 10.

    "Why Not Rely on Free Market in Evaluating Our Professors," Legal Times, April 7, 1987, at p. 18.

    "Death and Deregulation (reviewing M. Mintz, At Any Cost: Corporate Greed, Women and the Dalkon Shield (1985))", Wall Street Journal, January 3, 1986, at p.12.

    "A Voyeur's View of the High Court," Wall Street Journal, August 2, 1986, at p. 11.

    "At Any Cost: Corporate Greed, Women and the Dalkon Shield", Wall Street Journal, January 3, 1986, at p.12.

    "Shooting the Insurance Messenger," Chicago Tribune, May 31, 1986, at p. 25.

    "Active Virtues, A Economic Liberties and the Judiciary," Regulation, 1985.

    "Pirates Of Pennzoil: A Comic Opera Made Possible by a grant from the Texaco Corporation ," Regulation, 1985.

    "The Active Virtues," Regulation, January January/February 1985 (also appearing under the title, Judicial Review: Reckoning on Two Kinds of Error, 4 CATO Journal 711, 1985).

    "Simple Rule for a Complex World," Wall Street Journal, June 28, 1985, at p. 30.

    "Abolish the Board: Deregulate Unions," New York Times, July 22, 1985, at p. 2.

    "Needed: Activist Judges for Economic Rights," Wall Street Journal, November 15, 1985, at p. 32.

    "Actual Malice Should Go," Chicago Tribune, February 19, 1985, at p. 11.

    "Settlement and Litigation: Of Vices Individual and Institutional," University of Chicago Law School Record, 1984.

    "Asleep at a Constitutional Switch," Wall Street Journal, August 10, 1984, at p. 28.

    "Manville: The Bankruptcy of Product Liability Law," Regulation, September September/October 1982.

    "Manville: The Bankruptcy of Product ," Regulation, 1982.

    "Is Pinto a Criminal?," Regulation, 1980.

    "Products Liability: The Gathering Storm ," Regulation, 1977.