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Richard A. Epstein : Publications

Books (Author)

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

Design for Liberty:  Private Property, Public Administration, and the Rule of Law. Harvard University Press, 2011.

Why Progressive Institutions Are Unsustainable, Encounter Broadside No 26 (2011).

The Case Against the Employee Free Choice Act. Hoover Press, 2009.

Cases and Materials on Torts. 9th ed. Wolters Kluwer/Aspen, 2008.

Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation. Yale University Press, 2008.

Supreme Neglect: How to Revive Constitutional Protection for Private Property, Inalienable Rights Series. Oxford Univ. Press, 2008.

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

Economics of Property Law, Economic Approaches to Law, no. 9. Edward Elgar, 2007.

How Progressives Rewrote the Constitution. Cato Institute, 2006.

Intellectual Property for the Technological Age, The Manufacturing Innovation Series. NAM, 2006.

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

Skepticism, Faith, and Freedom. Heartland Institute, 2006 (with Robert A. Sirico).

The Structural Unity of Real and Intellectual Property. The Progress and Freedom Foundation, 2006 (keynote address, Aspen Summit).

Affirmative Action: The U.S. Experience and Implications for New Zealand. New Zealand Business Roundtable, 2005.

Free Markets Under Siege: Cartels, Politics, and Social Welfare, Hoover Institution Press publication. Hoover Institution Press, 2005 (with Geoffrey Wood and Geoffrey Owens).

Cases and Materials on Torts. 8th ed. Aspen, 2004.

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

Cases and Materials on Torts. chinese ed., Casebook Series. CITIC Pub. House, 2003.

Skepticism and Freedom: A Modern Case For Classical Liberalism. University of Chicago Press, 2003.

Torts. chinese ed., Introduction to law series. CITIC Publishing House, 2003.

Class Actions: The Need for a Hard Second Look, Civil Justice Report No. 4. Manhattan Institute for Policy Research, Center for Legal Policy, 2002.

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

On Transitions from Group Care: Homeward Bound. Haworth Press, 2002.

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

Cases and Materials on Torts. 7th ed. Aspen, 2000.

Torts. 5th ed. Aspen, 1999.

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

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

Cases and Materials on Torts. 6th ed. Little, Brown, 1995.

Simple Rules for a Complex World. Harvard University Press, 1995.

1993 Supplement. Epstein, Cases and Materials on Torts. Little, Brown, 1993.

Bargaining with the State. Princeton University Press, 1993.

Torts Supplement. Little, Brown, 1993 (supplement for Cases and Materials on Torts, by Richard A. Epstein).

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

Cases and Materials on Torts. 5th ed. Little, Brown, 1990.

Gregory, Kalven and Epstein on Torts, Supplement to 4th ed. Little, Brown, 1987.

Supplement to Cases and Materials on Tort. Little, Brown, 1987.

The New Right v. the Constitution. Cato Institute, 1986.

Takings: Private Property and the Power of Eminent Domain. Harvard University Press, 1985.

Cases and Materials on Torts. 4th ed. Little, Brown, 1984.

Cases and Materials on Torts. Little, Brown, 1981.

Modern Products Liability Law. Quorum Books, 1980.

Cases and Materials on Torts. 3rd ed. Little, Brown, 1977.

Books (Editor)

Economics of Constitution Law. Edward Elgar Publishing Limited, 2009.

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

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

Liberty, Property, and the Law. Garland Press, 2000 (5 volumes, with series introduction and volume introductions).

The Bill of Rights in the Modern State. University of Chicago Press, 1992.

Liberty, Property, and the Future of Constitutional Development. Edited by Ellen Frankel Paul and Howard Dickman. Vol. 173, State University of New York Press, 1990.

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

Book Foreword

"Foreword." In Law, Liberty and the Competitive Market—Essays of Bruno Leoni edited by Carlo Lottieri. Transaction Publishers, 2009.

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

Book Sections

"The Irrelevance of the Hand Formula: How Institutional Arrangements Structure Tort Liability” in Liber amicorum Boudewijn Bouckaert, Jef De Mot, ed. die Keure, 2012.

"The deserved demise of FCA (and why the NLRA should share its fate)."In Research Handbook on the Economics of Labor and Employment Law. M. Wachter & C. Estlund, eds. Elgar, 2012.

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

"Common Law Liability for Fire:  A Conceptual, Historical, and Ecnomic Analysis." In Wildfire Policy:  Law and Economic Perspectives, K. Bradshaw & D. Lueck, eds. RFF Press, 2012.

"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.

"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, edited by Anthony S. Barkow & Rachel E. Barkow, 2011.

"The Imperfect Art of Medical Malpractice Reform." In Reforming America’s Health Care System: The Flawed Vision of ObamaCare. Hoover, 2010.

"Introduction: The Law and Economics of Constitutionalism" in The Economics of Constitutional Law, 2009 (R. Epstein edited).

"Health Care One More Time." In Reacting to the Spending Spree: Policy Changes We Can Afford, edited by Terry Anderson and Richard Sousa. Hoover Institution Press, 2009.

"What Broadcast Licenses Tell Us about Net Neutrality: Cosmopolitan Broadcasting Corporation v. FCC." In New Directions in Communications Policy, edited by Randolph. Carolina Academic Press, 2009.

"What's Wrong with the Employee Free Choice Act." In Reacting to the Spending Spree: Policy Changes We Can Afford, edited by Terry Anderson and Richard Sousa. Hoover Institution Press, 2009.

"Altruism and Valuable Consideration in Organ Transplantation." In When Altruism Isn't Enough: The Case for Compensating Kidney Donors, edited by Sally Satel. AEI Press, 2008.

"Unilateral Practices and the Dominant Firm: The European Community and the United States." In The Legal Foundations of Free Markets, edited by S. Copp. IEA, 2008.

"Conclusion: Preemption Doctrine and Its Limits." In Federal Preemption: States' Powers, National Interests, edited by Richard A. Epstein and Michael Greve, 2007 (with Michael Greve).

"Introduction: Preemption in Context." In Federal Preemption: States' Powers, National Interests, edited by Richard A. Epstein and Michael Greve. AEI, 2007.

"Contract, not Regulation: UCITA and High-Tech Consumers Meet Their Consumer Protection Critics." In Consumer Protection in the Age of the 'Information Economy', edited by Jane K. Winn. Ashgate, 2006.

"Group Report: What Is the Role of Heuristics in Making Law?" In Heuristics and the Law, edited by Engel and Gigerenzer. MIT Press, 2006 (with Jonathan Haidt).

"Mandatory Retirement for Supreme Court Justices." In Reforming the Court: Term Limits for Supreme Court Justices, edited by Roger C. Cramton and Paul D. Carraington. Carolina Academic Press, 2006.

"The Optimal Complexity of Legal Rules." In Heuristics and the Law, edited by Engel and Gigerenzer. MIT Press, 2006.

"ProCD v. Zeidenberg: Do Doctrine and Function Mix." In Contract Stories, edited by Douglas Baird. Foundation Press, 2006.

"The Protection of Liberty, Property, and Equality." In The Oxford Handbook of Political Economy, edited by Barry R. Weingast and Donald A. Wittman. Oxford University Press, 2006.

"Second-Order Rationality." In Behavioral Public Finance, edited by E. J. McCaffery and J. Slemrod. Russell Sage, 2006.

"Weak and Strong Conceptions of Poverty: An Essay in Memory of Jim Harris." In Properties of Law: Essays in Honour of Jim Harris, edited by T. Endicott, Joshua Getzler, and Edwin Peel. Oxford University Press, 2006.

"Why Libertarians Shouldn't Be Too Skeptical on Intellectual Property." In Progress on Point. The Progress and Freedom Foundation, 2006.

"An Economist in Spite of Himself." In The Origins of Law and Economics: Essays by the Founding Fathers, edited by Francisco Parisi and Charles K. Rowley, 2005.

"The Historical Variation in Water Rights." In The Evolution of Markets for Water: Theory and Practice in Australia, edited by Jeff Bennett, 2005.

"Obligation of Contract." In The Heritage Guide to the Constitution, edited by David F. Forte and Matthew Spalding. Regnery, 2005.

"Rebuilding the Citadel: Privity, Causation, and Freedom of Contract." In Exploring Tort Law, edited by M. Stuart Madden. Cambridge University Press, 2005.

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

"Libertarianism and Character." In Varieties of Conservatism in America, edited by Peter Berkowitz. Hoover Institution Press, 2004.

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

"In and Out of Public Solution: The Hidden Perils of Forced and Unforced Property Transfer." In Property Rights: Cooperation, Conflict, and the Law, edited by T. Anderson and F. McChesney. Princeton University Press, 2003.

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

"Implications for Legal Reform." In Regulation Through Litigation, edited by W. Kip Viscusi. AEI-Brookings Joint Center for Regulatory Studies, 2002.

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

"From Social Norms to Legal Norms: A Neglected Cause of Big Government." In Politics at the Turn of the Century, edited by Arthur M. Melzer, Jerry Weinberger, and Richard Zimmerman. Rowman and Littlefield, 2001.

"Leaving the Decision to Congress." In The Vote: Bush, Gore, and the Supreme Court, edited by Richard Epstein and Cass Sunstein. University of Chicago Press, 2001.

"The Marriage of Art and Business." In Unsettling 'Sensation': Arts-Policy Lessons from the Brooklyn Museum of Art Controversey, edited by Lawrence Rothfield. Rutgers University Press, 2001.

"Managed Care Liability." In vol. 39 of Civil Justice Forum. Manhattan Institute, 2000.

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

"Transactions Costs and Property Rights; or, Do Good Fences Make Good Neighbors." In Chicago Lectures in Law and Economics, edited by Eric A. Posner. Foundation Press, 2000.

"Contracts Small and Contract Large: Contract Law Through the Lens of Laissez-Faire." In The Fall and Rise of Freedom of Contract, edited by F. H. Buckley. Duke University Press, 1999.

"Foreward: Entering, and Excelling in Law School Teaching." In Law School and Beyond: The IHS Guide to Careers in Legal Academia, edited by John Moser, Richard A. Epstein, and Tom W. Bell. Institute for Humane Studies, 1999.

"Intellectual Property: Top Down and Bottom Up." In Capital For Our Time, edited by N. Imparato. Hoover Institution Press, 1999.

"Common Carriers." In The New Palgrave Dictionary of Economics and the Law, edited by Peter Newman. Grove Dictionaries, 1998.

"Customary Practices and the Law of Torts." In The New Palgrave Dictionary of Economics and the Law, edited by Peter Newman, 1998.

"Possession." In The New Palgrave Dictionary of Economics and the Law, edited by Peter Newman. Grove Dictionaries, 1998.

"A Rush to Caution: The Cloning of Human Beings." In Clones and Clones: Facts and Fantasies About Human Cloning, edited by Martha C. Nussbaum and Cass R. Sunstein. W.W. Norton, 1998.

"Takings." In The New Palgrave Dictionary of Economics and the Law, edited by Peter Newman. Grove Dictionaries, 1998.

"Private Property and the Politics of Distrust." In Drawing the Line: Property Rights and Environmental Protection, edited by John S. Archer. Center for Competitive Strategies, Washington Research Council, 1992.

"Beyond Foreseeability: Consequential Damages in the Law of Contract." In Liability and Responsibility: Essays in Law and Morals, edited by R. Frey and C. Morris. Cambridge University Press, 1991.

"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, edited by Tasman Institute. The Institute, 1991.

"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, edited by Tasman Institute. Tasman Institute, 1991.

"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).

"Takings: Of Maginot Lines and Political Compromises." In Liberty, Property, and the Future of Constitutional Development, edited by E. Paul and H. Dickman. SUNY Albany Press, 1990.

"Market and Regulatory Approaches to Medical Malpractice: The Virginia Obstetrical No-Fault Statute." In vol. 2 of Medical Professional Liability and the Delivery of Obstetrical Care, 1989.

"Was New York Times v. Sullivan Wrong?" In The Cost of Libel: Economic and Policy Implications, edited by E. Dennis and E. Noam. Columbia University Press, 1989.

"On Limiting the Scope for Scientific Evidence." In Science and Technology Advice to the President, Congress, and Judiciary, edited by William T. Golden. Pergamon Press, 1988.

"Legal Liability for Medical Innovation." In Medical Innovation and Bad Outcomes, edited by M. Siegler. Health Administration Press, 1987.

"Liability of Accountants for Negligence: How Can We Tell the Best Rule?" In Business Law: Principles, Cases and Policy, edited by Mark E. Roszkowski. Little, Brown, 1987.

"The Morals and Techniques of Medical Innovation." In Medical Innovation and Bad Outcomes: Legal, Social, and Ethical Responses, edited by Mark Siegler. Health Administration Press, 1987.

"The Uneasy Quest for Welfare Rights." In Constitutionalism and Rights, edited by G. Bryner and N. Reynolds. SUNY Press, 1987.

"Introduction." In The New Right v. the Constitution, edited by Stephen Macedo. Cato Institute, 1986.

"Agency Costs, Employment Contracts, and Labor Unions." In Principals and Agents: The Structure of Business, edited by John W. Pratt and Richard Zeckhauser. Harvard Business School Press, 1985.

"In Defense of the Contract at Will." In Labor Law and the Employment Market, edited by R. Epstein and J. Paul. Transaction, 1985.

"Private Property and the Public Domain: The Case of Anti-Trust Law." In Ethics, Economics, and the Law, Nomos XXIV, edited by J. Pennock and J. Chapman. New York University Press, 1982.

"Crime and Tort: Old Wine in Old Bottles." In Assessing the Criminal: Restitution, Retribution, and the Legal Process, edited by Randy E. Barnett and John Hagel. Ballinger Publishing Company, 1977.

"Medical Malpractice: Its Cause and Cure." In The Economics of Medical Malpractice, edited by S. Rottenberg. AEI, 1977.

"Voting Theory, Union Elections, and the Constitution." In Nomos XVIII: Due Process, edited by J. Roland Pennock and John W. Chapman. New York University Press, 1977.

Electronic Articles

Weekly Column for Defining Ideas, The Hoover Institution

"Why There is No Milton Friedman Today." Econ Journal Watch, May 21, 2013.

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

"Maverick in the Courtroom." In Hoover Digest. Hoover Institute, 2009.

"Not so Private Takings: A Response to Abraham Bell’s Private Takings." In The Legal Workshop. University of Chicago Law Review, 2009.

"Protect Us, Lord, from Title VII: A Response to Gelbach, Klick, and Wexler." In The Legal Workshop. University of Chicago Law Review, 2009.

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

"Cambridge v. Chicago: An Answer to Dr. Arnold Relman’s New Republic Review of Overdose." In Point of law.com, 2007.

"Don’t Trust Me: How We Guard Our Guardians." In Hoover Digest. Hoover Institute, 2007.

"Net Neutrality and Spectrum Auctions." In Perspectives from FSF Scholars. The Free State Foundation, 2007.

"You Do the Math!". In The New Republic, 2006.

"Mad Scientists: Go Away, Ethics Police. Leave the NIH Alone.". In Slate, 2005.

"A Short History of Product Liability Law." In Pointoflaw.com, 2005.

"Supreme Court Discussion with Stephen Presser." In Pointoflaw.com, 2005.

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

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

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

"Respect Bayer's Patent." In OpinionJournal.com, 2001.

Journal Articles

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

"Harmonization, Heterogeneity and Regulation: CESL, The Lost Opportunity for Cnstructive Harmonization." 50 Common Market Law Review 207 (2013).

"Can Technological Innovation Survive Government Regulation?" 36 Harvard Law & Public Policy 87 (2013).

"The Perilous Position of the Rule of Law and the Administrative State." 36 Harvard Law & Public Policy 6 (2013)

"The Property Rights Decisions of Justice Sandra Day O’Connor:  When Pragmatic Balancing is Not Enough." 1 Property Rights Conference Journal 177 (2012)

"Inside the Coasean Firm: Why Variations in Competence and Taste Matters." 54 Journal of Law and Economics S41 (2012).

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

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

"Forgotten No More: A Review of John D. Inazu’s Liberty’s Refuge: The Forgotten Freedom of Assembly." 13(1) Engage 153 (2012).

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

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

"Letter to the Editor." First Things: A Monthly Journal of Religion and Public Life 10 (2012).

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

"Understanding Education in the United States: Its Legal and Social Implications (Symposium Introduction)." 79 University of Chicago Law Review 467 (2012).

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

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

"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).

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

"The Bundle-of-Rights Theory as a Bulwark Against Statist Conceptions of Property." 8(3) Econ. Journal Watch 223 (2011).

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

"The Constitutionality of Proposition 8." 34 Harvard Journal of Law & Public Policy 879 (2011).

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

"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).

"Plain Meaning in Context: Can Law Survive Its Own Language?" 37 NYU Journal of Law and Liberty 359 (2011).

"Citizens United v. FEC: The Constitutional Right that Big Corporations Should Have but Do not Want (Corporate Speech and Electoral Spending)." 34 Harvard Journal of Law and Public Policy 639 (2011).

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

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

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

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

"Branded Versus Generic Competition? A Kind Word for the Branded Drugs." 3 Hastings Science & Technology Law Journal 459 (2011).

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

"The Dangerous Experiment of the Durbin Amendment." 34 Regulation 24 (2011).

"Direct Democracy: Government of the People, by the People, and for the People?" 34 Harvard Journal of Law & Public Policy (2011).

"Government By Waiver." National Affairs (2011).

"Littoral Rights Under the Takings Doctrine: The Clase Between the Ius Naturale and Stop the Beach Renourishment." 6 Duke Journal of Constitutional Law and Public Policy 38 (2011).

"The Protection of “Hot News”: Putting Balganesh’s “Enduring Myth” About International New Service v. Associated Press in Perspective." 111 Columbia Law Review (2011).

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

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

"Toward a General Theory of Tort Law: Strict Liability in Context." 3 Journal of Tort Law (2010).

"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).

"The Classical Liberal Alternative to Progressive and Conservative Constitutionalism." 77 University of Chicago Law Review 887 (2010).

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

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

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

"How to Undermine Tax Increment Financing." 77 University of Chicago Law Review 121 (2010).

"Obama's Constitution: The Passive Virtues Writ Large (Symposium: Conservative and Libertarian Reactions to the Obama Administration)." 12 Constitutional Commentary 183 (2010).

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

"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).

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

"The Disintegration of Intellectual Property? A Classical Liberal Response to a Premature Obituary." 62 Stanford Law Review 455 (2010).

"A Speech on the Structural Constitution and the Stimulus Program." 4 Charleston Law Review 395 (2010).

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

"The Reflections and Responses of a Legal Contrarian " 44 Tulsa (U.) Law Review 647 (2009).

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

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

"Against Permitits: Why Voluntary Organizations Should Regulate the Use of Cancer Drugs." 94 Minnesota Law Review (2009).

"The Ominous Employee Free Choice Act." 48 Regulation (2009).

"Political Bankruptcies: How Chrysler and GM Have Changed the Rules of the Game." 59 The Freeman (2009).

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

"Response: Activity Levels under the Hand Formula." 108 Michigan Law Review 36 (2009).

"An American Icon Speaks Out." Review of A Time to Speak: Selected Writings and Arguments, by Robert Bork. 32 Regulation 4 (2009).

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

"Happiness and Revealed Preferences in Evolutionary Perspective." 33 Vermont Law Review 559 (2009).

"The Many Faces of Fault in Contract Law: Or, How to Do Economics, without Really Trying." 107 Michigan Law Review 1461 (2009).

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

"The Ominous Antitrust Act." 32(1) Regulation 48 (2009).

"Overtreated, or Overregulated." Review of Overtreated: Why Too Much Medicine Is Making Us Sicker and Poorer, by Shannon Brownlee. 28 Health Affairs 920 (2009).

"The Regulation of Sovereign Wealth Funds: The Virtues of Going Slow." 76 University of Chicago Law Review 111 (2009).

"In Memoriam: David P. Currie." 75 University of Chicago Law Review 5 (2008).

"Property Rights, State of Nature Theory, and Environmental Protection." 4 New York University Law and Liberty Journal (2008).

"The AT&T Consent Decree: In Praise of Interconnection Only." 61 Federal Communications 149 (2008).

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

"The Dangers of 'Investor Protection' in Securities Markets." 12 Texas Review of Law and Politics 412 (2008).

"Decentralized Responses to Good Fortune and Bad Luck." 9 Theoretical Inquiries in Law 309 (2008).

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

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

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

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

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

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

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

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

"The Subprime Crisis: Why One Bad Turn Leads to Another." 2 Journal of Business, Entrepreneurship, and the Law 198 (2008).

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

"Introduction to the Italian Edition of Overdose." 38 Cumberland Law Review (2007-08).

"Influence of pharmaceutical funding on the conclusions of meta-analyses " 335 British Medical Journal 1167 (2007) (editorial).

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

"Zoning: Deliberative Democracy at Zero Prices." 67 Daedalus (2007).

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

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

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

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

"David Josiah Brewer Addresses Yale Law School." 10 The Green Bag 483 (2007).

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

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

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

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

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

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

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

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

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

"Introduction: Our Ignorance About Intelligence." 17 Stanford Law Review 233 (2006).

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

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

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

"Limiting Financial Disincentives in Live Organ Donation: A Rational Solution to the Kidney Storage." 6 Amer. J. Trans. 2548 (2006).

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

"The Public Use, Public Trust, and Public Benefit: Could Both Cooley and Kelo Be Wrong?" 9 The Green Bag 124 (2006).

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

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

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

"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).

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

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

"The Creator's Own Ideas." 108 Technology Review 56 (2005).

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

"Executive Power, the Commander in Chief, and the Militia Clause." 34 Hofstra Law Review 347 (2005).

"FDA Goes Overboard." New Jersey Law Journal (2005).

"A Further Fix is Needed to Class Action Fairness Act." New Jersey Law Journal (2005).

"Further Thoughts on the Privileges or Immunities Clause of the Fourteenth Amendment." 1 New York University Journal of Law and Liberty 1095 (2005).

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

"Introductory Remarks: Some Reflections on Two-Sided Markets and Pricing." 2005 Columbia Business Law Review 509 (2005).

"Intuition, Custom, and Protocol: How to Make Sound Decisions with Limited Knowledge." 2 New York University Journal of Law and Liberty Journal 1 (2005).

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

"Justified Monopoloies: Regulating Pharmaceuticals and Telecommunications." 56 Case Western Law Review 103 (2005).

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

"Liberty Versus Property: Cracks in the Foundations of Copyright Law." 42 San Diego Law Review 1 (2005).

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

"Monopoly Dominance or Level Playing Field? The New Antitrust Paradox." 72 University of Chicago Law Review 49 (2005).

"The Not So Minimum Content of Natural Law." 25 Oxford Journal of Legal Studies 219 (2005).

"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).

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

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

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

"The Roman Law of Cyberconversion." 2005 Michigan State Law Review 103 (2005).

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

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

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

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

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

"What (Not) to do About Obesity: A Moderate Aristotelian Answer." 93 Georgetown Law Journal 1361 (2005).

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

"The Case Against Black Reparations." 84 Boston University Law Review 1177 (2004).

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

"The Constitutional Protection of Trade Secrets Under the Takings Clause." 71 University of Chicago Law Review 57 (2004).

"A Defence of the Corporation." 2004 New Zealand Law Review 707 (2004).

"A Farewell to Pragmatism." 71 University of Chicago Law Review 675 (2004).

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

"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, and Mark Siegler).

"Law, Pragmatism, and Democracy." 71 University of Chicago Law Review 639 (2004).

"McConnell v. Federal Election Commission: A Deadly Dose of Double Deference." 3 Election Law Journal 231 (2004).

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

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

"Skepticism and freedom: the intellectual foundations of our constitutional order." 6 University of Pennsylvania Journal of Constitutional Law 657 (2004).

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

"Foreword: Just Do It!" 101 Michigan Law Review 765 (2003).

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

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

"Beware of Legal Transitions: A Presumptive Vote for the Reliance Test." 13 Journal of Contemporary Legal Issues 69 (2003).

"Class Actions: Aggregation, Amplification, and Distortion." 2003 University of Chicago Legal Forum 475 (2003) (also published as a University of Chicago John M. Olin Law & Economics working paper).

"Cybertresspass." 70 University of Chicago Law Review 73 (2003).

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

"'Just do it!': Title IX as a Threat to University Autonomy." 101 Michigan Law Review 1365 (2003) (foreword).

"Let the Shoemaker Stick to His Last: A Defense of the 'Old' Public Health." 46 Perspectives in Biology and Medicine 38 (2003).

"The 'Necessary' History of Property and Liberty." 6 Chapman Law Review (2003) (also published as a University of Chicago John M. Olin Law & Economics Working Paper).

"Security in Simplicity." 49 The Law School Record 14 (2003).

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

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

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

"Classical Liberalism Meets the New Constitutional Order." 3 Chicago Journal of International Law 455 (2002).

"Color Schemes: Can Affirmative Action be Reconciled with Liberal Individualism?" 7 Reason 54 (2002).

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

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

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

"HIPAA on Privacy: Its Unintended and Intended Consequences." 22 CATO Journal 13 (2002) (also published as a University of Chicago John M. Olin Law & Economics working paper).

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

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

"Just scrap Title IX: The Law is a Failed Experiment in Coercive, Collective Action Inconsistent with a Free Society." 170 New Jersey Law Journal 23 (2002).

"Let 'The Fundamental Things Apply': Necessary and Contingent Truths in Legal Scholarship." 115 Harvard Law Review 1288 (2002).

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

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

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

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

"Taking by slivers: ruling shows how factional politics can survive despite constitutional efforts to limit government abuse by protecting property rights. (Tahoe Sierra Preservation Council v. Tahoe Regional Planning Agency)." 169 New Jersey Law Journal S9 (2002).

"Employment and Labor Law Reform in New Zealand." 33 Case Western Law Review 361 (2001).

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

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

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

"'In Such Manner as the Legislature Thereof May Direct': The Outcome in Bush v. Gore Defended." 68 University of Chicago Law Review 613 (2001) (reprinted in The Vote: Bush, Gore, and the Supreme Court).

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

"Life Is No Trump: Property and Speech Under the Constitution." 53 Maine Law Review 25 (2001).

"Standing and Spending: The Role of Legal and Equitable Principles." 4 Chapman Law Review 1 (2001).

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

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

"Deconstructing Privacy: And Putting It Back Together Again." 17 Social Philosophy and Policy 1 (2000).

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

"Eco-Pragmatism: Making Sensible Environmental Decisions in an Uncertain World." 109 Yale Law Journal 1639 (2000).

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

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

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

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

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

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

"Confusion About Custom: Disentangling Information Customs from Standard Contractual Provisions." 66 University of Chicago Law Review 821 (1999).

"Environmental Law 101." 2 Hoover Digest 66 (1999).

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

"Hayekian Socialism." 58 Maryland Law Review 271 (1999).

"Liberty and Feminism." 4 The Independent Review 1 (1999).

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

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

"The Progressive Assault on Laissez Faire: Robert Hale and the First Law and Economics Movement." 97 Michigan Law Review 1697 (1999).

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

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

"Waste and the Dormant Commerce Clause." 3 Green Bag 29 (1999).

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

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

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

"Imitations of Libertarian Thought." 15 Social Philosophy and Policy 412 (1998).

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

"Liberta e femminismo." 127 Biblioteca della liberta 51 (1998).

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

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

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

"Pennsylvania Coal v. Mahon: The Erratic Takings Jurisprudence of Justice Holmes." 86 Georgia Law Journal 875 (1998).

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

"Protecting Property Rights with Legal Remedies: A Common Sense Reply to Professor Ayres." 32 Valparaiso Law Review 833 (1998).

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

"Babbitt v. Sweet Home Chapters of Oregon: The Law and Economics of Habitat Preservation." 5 Supreme Court Economic Review 1 (1997).

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

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

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

"Fidelity Without Translation." 1 Green Bag 21 (1997).

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

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

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

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

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

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

Review of The Chief Justiceship of Melville W. Fuller 1888-1910, by James W. Ely. 40 American Journal of Legal History 109 (1996).

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

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

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

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

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

"Property Rights in CDNA Sequences: A New Resident for the Public Domain." 1 The University of Chicago Law School Roundtable 575 (1996).

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

"The Remote Causes of Affirmative Action, Or Desegregation in Kansas City, Missouri." 84 California Law Review 1101 (1996).

"Shamans, Software and Spleens: Law and the Construction of the Information Society." 16 Economic Affairs 46 (1996).

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

"The Subtle Vices of the Employment Discrimination Laws." 29 John Marshall Law Review 375 (1996).

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

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

"Why Is This Man A Moderate?". Review of Regulatory Takings: Law, Economics, and Politics, by William Fischel. 94 Michigan Law Review 1758 (1996).

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

"The Harm Principle - And How It Grew." 45 University of Toronto Law Journal 359 (1995).

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

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

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

"The Status-Production Sideshow: Why the Antidiscrimination Laws are Still a Mistake." 108 Harvard Law Review 1085 (1995).

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

"Two Challenges to Feminist Thought." 18 Harvard Journal of Law and Public Policy 331 (1995).

"The Unconstitutional Conditions Puzzle." 4 Cornell Journal of Law and Public Policy 466 (1995).

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

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

"For a Bramwell Revival." 26 American Journal of Legal History 246 (1994).

"From a Bramwell Revival." 38 American Journal of Legal History 246 (1994).

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

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

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

"On the Optimal Mix of Private and Common Property." 11 Social Philosophy & Politics 17 (1994).

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

"Standing Firm, On Forbidden Grounds." 31 San Diego Law Review 1 (1994).

"The Ubiquity of the Restitution Principle." 67 Southern California Law Review 1369 (1994).

"Altruism: Universal and Selective." 67 Social Service Review 388 (1993).

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

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

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

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

"Legal Education and the Politics of Exclusion." 45 Stanford Law Review 1607 (1993).

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

"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).

"Should Title VII of Civil Rights Act of 1964 Be Repealed?" 3 Southern California Interdisciplinary Law Journal 349 (1993) (debate with Erwin Chemerinsky).

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

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

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

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

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

"Exit Rights Under Federalism." 55 Law and Contemporary Problems 147 (1992).

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

"The Indivisibility of Liberty Under The Bill of Rights." 15 Harvard Journal of Law and Public Policy 35 (1992).

"International News Service v. Associated Press: Custom and Law as Sources of Property Rights in News." 78 Virginia Law Review 87 (1992).

"The Legal Regulation of Lawyers' Conflicts of Interest." 60 Fordham Law Review 579 (1992).

"A New Regime for Expert Witnesses." 26 Valparaiso Law Review 757 (1992).

"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).

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

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

"Rights and Rights Talk." Review of Rights Talk, by Mary Ann Glendon. 105 Harvard Law Review 1106 (1992).

"Rights Talk: The Impoverishment of Political Discussion." 105 Harvard Law Review 1106 (1992).

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

"Tuskegee Modern: Or Group Rights under the Constitution." 80 Kentucky Law Journal 869 (1992).

"Why Is Health Care Special?" 40 University of Kansas Law Review (1992).

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

Review of Broadcast Rights from the Bottom Up: Freedom, Technology, and the First Amendment, by J. Emord. 9 Communications Lawyer 26 (1991).

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

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

"Freedom, Technology and the First Amendment." 9 Communications Lawyer 26 (1991).

"Property Rights and the New Legal Order." 21 Cumberland Law Review 439 (1991) (panel discussion).

"Rationing Access to Medical Care: Some Somber Second Thoughts." 3 Stanford Law and Policy Review 81 (1991).

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

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

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

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

"Compassion and Compulsion." 22 Arizona State Law Journal 25 (1990).

"The Consolidation of Complex Litigation: A Critical Evaluation of the ALI Proposal." 10 Journal of Law and Commerce 1 (1990).

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

"In Praise of Divided Government." 68 Washington University Law Quarterly 567 (1990) (debate with Lloyd Cutler).

"The Independence of Judges: the Uses and Limitations of Public Choice Theory." 1990 Brigham Young Law Review 827 (1990).

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

"No New Property." 56 Brooklyn Law Review 747 (1990).

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

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

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

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

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

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

"Justice Across the Generations." 67 Texas Law Review 1465 (1989).

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

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

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

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

"The Unintended Revolution in Product Liability Law." 10 Cardozo Law Review 2193 (1989).

"The Utilitarian Foundations of Natural Law." 12 Harvard Journal of Law and Public Policy 713 (1989).

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

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

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

"The Classical Legal Tradition." 73 Cornell Law Review 292 (1988).

"Covenants and Constitutions." 73 Cornell Law Review 906 (1988).

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

"Luck." 6 Social Philosophy and Policy 17 (1988).

"Market and Regulatory Approaches to Medical Malpractice: The Virginia Obstetrical No-Fault Statute." 74 Virginia Law Review 1474 (1988).

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

"Modern Republicanism-Or The Flight from Substance." 97 Yale Law Journal 1633 (1988).

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

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

"Rent Control Revisited: One Reply to Seven Critics." 54 Brooklyn Law Review 1281 (1988).

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

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

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

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

"Legal Liability for Medical Innovation." 8 Cardozo Law Review 1139 (1987).

"Liberta di Manifestazione del Pensiero E. Tutela Ella Reputazione: Una Critica Di Analisi Economica Del Diritto Alla Via Americana." 3 Il Diritto Dell'Informazione E Dell'Informatica 825 (1987).

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

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

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

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

"Takings: Descent and Resurrection." 1987 Supreme Court Review 1 (1987).

"The Uneasy Quest for Welfare Rights." 1985 Brigham Young Law Review 201 (1987).

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

"A Last Word on Eminent Domain." 41 Miami Law Review 253 (1986).

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

"Medical Malpractice: Theory, Evidence and Public Policy." 61 Quarterly Journal of Biology 304 (1986).

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

"An Outline of Takings." 41 Miami Law Review 3 (1986).

"Past and Future: The Temporal Dimension in the Law of Property." 64 Washington Universtiy Law Quarterly 667 (1986).

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

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

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

"The Active Virtues." 9 Regulation 14 (1985).

"Judicial Review: Reckoning on Two Kinds of Terror." 4 CATO Journal 711 (1985).

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

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

"Two Fallacies in the Law of Joint Torts." 73 Georgia Law Journal 1377 (1985).

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

"Views on Legal Education: An Exchange." 8 Harvard Journal of Law and Public Policy 269 (1985).

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

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

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

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

"Settlement and Litigation: Of Vices Individual and Institutional." 30 University of Chicago Law School Record 2 (1984).

"Toward a Revitilization of the Contract Clause." 51 University of Chicago Law Review 703 (1984).

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

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

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

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

"The Historical Origins and Economic Structure of Workers' Compensation." 16 Georgia Law Review 775 (1982).

"Not Deference, But Doctrine: The Eminent Domain Clause." 1982 Supreme Court Review 351 (1982).

"Notice and Freedom of Contract in the Law of Servitudes." 55 Southern California Law Review 1353 (1982).

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

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

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

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

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

"A Taste for Privacy? Evolution and the Emergence of a Naturalistic Ethic." 9 Journal of Legal Studies 655 (1980).

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

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

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

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

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

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

"The Next Generation of Legal Scholarship?". Review of Private Property and The Constitution, by B. Ackerman. 30 Stanford Law Review 635 (1978).

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

"Private Law Models for Official Immunity." 42 Law and Contemporary Problems 53 (1978).

"Private Property and the Constitution." 30 Stanford Law Review 635 (1978).

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

"Contracting Out of the Medical Malpractice Crisis." 20 Perspectives in Biology and Medicine 288 (1977).

Review of The Death of a Contract, by G. Gilmore. 20 American Journal of Legal History 68 (1976).

"Medical Malpractice: The Case for Contract." 1 American Bar Foundation Research Journal 87 (1976).

"Intentional Harms." 4 Journal of Legal Studies 391 (1975).

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

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

"Pleading and Presumptions." 40 University of Chicago Law Review 556 (1973).

"Pleadings and Presumptions." 40 University of Chicago Law Review 556 (1973).

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

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

Review of Willis on Partnership Taxation, by A. Willis. 45 Southern California Law Review 933 (1972).

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

"Consumption and Loss Under the Internal Revenue Code." 23 Stanford Law Review 454 (1971).

"Amicus Brief, Dolan v. City of Tigard." 15 Northern Illinois University Law Review 493 (with William H. Mellor III).

Magazine Articles

"Justice Breyer At the Lectern, review of Making Our Democracy Work." Barron's, January 3 2011.

"Takings Law Made Hard: A Novel Property Rights Challenge Is a Constitutional Morass." Regulation, Winter 2009, p. 4.

"CEO's Legal Lament." Chief Executive, October 2009, p. 34 (also published in Regulation).

"Krugman’s Scapegoats: Rebutting the Times columnist’s attempt to pin the market meltdown on the Chicago School." National Review, October 2009, p. 20.

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

"The Sanctity of Contracts in a World of Bailouts." Chief Executive, May/June 2009, p. 45.

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

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

"The Employee No Choice Act: Watch Out. The EFCA Could Lead to the Partial Nationalization of All Unionized Firms." Chief Executive Magazine, November 2008, p. 3.

"The Future of M&A: Will Regulatory Pressure Quell Acquisitions?". Chief Executive Magazine, September 2008, p. 65.

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

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

"The Property Rights Movement and Intellectual Property." Regulation, Winter 2007/2008.

"Don’t Trust Me (Except this One Time)." The University of Chicago Law School Record Fall 2007, p. 17.

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

"Death Without Taxation." Chief Executive Magazine, June 2007, p. 56.

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

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

"The Wright Stuff." Regulation, spring 2007, p. 8.

"The Google Library Project, When East Doesn't Meet West." Duke Law and Technology Review, February 2006.

"Lessons from the Wal-Mart Wars: Why CEOs Should Take a Hard Line Against Programs that Compensate Businesses and Workers Who Can't Compete." Chief Executive Magazine, September 1 2006, p. 36.

"A New Year's Resolution for CEOs: No Special Deals." Chief Executive Magazine, December 2006, p. 37.

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

"Separation versus Accommodation: Why We Should Favor the Latter." Criterion 2006, p. 3.

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

"The War on Plastic: The Push to Regluate the Payment Card Industry Threatens Consumers." Regulation, September 2006, p. 12 (with Thomas P. Brown).

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

"Behavioural Economics." New Zealand Business Roundtable 2005.

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

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

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

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

"Is There Unequal Bargaining Power in the Labour Market?" 2005.

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

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

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

"Understanding America." New Zealand Business Roundtable 2005.

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

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

"Coercion vs. Consent." Reason, March 2004, p. 40.

"Defining Social Welfare - and Achieving It." Hoover Digest, November 2004, p. 118.

"In Defence of the Corporation." 2004.

"Is There a Biomedical Anticommons?". Regulation, summer 2004, p. 54.

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

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

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

"Economic Malpractice." Forbes, October 27 2003, p. 50.

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

"No Canadian Cure for Our Health Care Malaise." Medicine on the Midway, summer 2003, p. 44.

Review of Holding Health Care Accountable: Law and the New Medical Malpractice, by Haavi Morreim. The Independent Review 2002, p. 294.

"Against Redress." Daedelus, winter 2002, p. 131.

"Chess Rules." The University of Chicago Law School Record, fall 2002, p. 15.

"Faculty Meditations on Life at the Law School." The Law School Record 2002, p. 16 (with Geoffrey Stone, Martha C. Nussbaum, Kenneth Dam, Tracey Meares, and Cass R. Sunstein).

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

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

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

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

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

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

"Impractical Equality." Review of Sovereign Virtue: The Theory and Practice of Equality. Reason, October 2000, p. 60.

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

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

"Communications Regulation." New Zealand Business Roundtable 1999.

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

"The Ideological Debate in Education ". New Zealand Business Roundtable 1999 (educational forum).

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

"Microsoft, MacroScrewed." National Review, December 6 1999.

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

"The Next Rights Revolution?". National Review, November 8 1999, p. 21.

"Privacy, Please." National Review, September 27 1999, p. 46.

"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.

"The Shape of the River: Long-Term Consequences of Considering Race in College and University Admissions." Reason, February 1999, p. 61.

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

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

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

"Intellectual Property: Top Down and Bottom Up." University of Chicago Law School Record 1998, p. 4 (abridged form).

Review of Shamans, Software, and Spleens: Law and the Construction of the Information Society, by James Boyle. Economic Affairs, August 1996, p. 46.

"Accident Compensation: The Faculty Basis of No-fault and State Provision." New Zealand Business Roundtable, August 1996.

"Back to Basics in the Health Care Debate." New Zealand Business Roundtable, July 1996.

"The Concealment, Use and Disclosure of Information." New Zealand Business Roundtable, August 1996.

"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.

"Human Rights and Anti-discrimination Legislation." New Zealand Business Roundtable, September 1996.

"Norms: Social and Legal." The Good Society, Winter 1996.

"Estate Planning - Done Right." Boston Review, April/May 1995, p. 11.

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

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

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

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

"Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom." Reason, November 1993, p. 58.

"Organ Transplants: Is Relying on Altruism Costing Lives?". The American Enterprise, October/November 1993, p. 50.

"Unmanageable Care." Reason, May 1993, p. 58.

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

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

"Natural Resource Law." New Zealand Business Roundtable 1990.

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

"Voluntary Euthanasia." University of Chicago Law School Record, spring 1989, p. 8.

"The Who and the What of Tort Reform." The World & I, February 1989, p. 465.

"Establish Justice." Reason, May 1988, p. 35.

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

"The Pirates of Pennzoil." Regulation, November/December 1985.

"Manville: The Bankruptcy of Product Liability Law." Regulation, September/October 1982.

"Is Pinto a Criminal?". Regulation, March/April 1980, p. 15.

"Products Liability: The Gathering Storm." Regulation, September/October 1977.

"Digital Rights Management: Best Left to Private Contract." Legal Backgrounder, November 15, p. 17.

"The Treaty of Waitangi: A Plain Meaning Interpretation." New Zealand Business Roundtable

Newspaper Articles

"The Rule of Lawyers." Review of Steven J. Harper, The Lawyer Bubble. The Wall Street Journal, May 6, 2013.

"California Ill-Served by Development Agencies." San Francisco Chronicle, January 20, 2012.

"Rent Control Hits the Supreme Court." The Wall Street Journal, January 4, 2012.

"Why Progressive Policies Always Fail." Washington Examiner, December 5, 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 7, 2011.

"Secret of Ronald Reagan’s Success." Chicago Tribune, February 6, 2011.

"Property, Regulatory Policy, or Hybrid? The Elusive Status of Intellectual Property." Free State Foundation, January 11, 2011.

"Price Controls on Your Wallet, New Regulations Threaten Banking Disaster." Washington Times, December 29, 2010.

"No Limits: Why ObamaCare's commerce-clause argument just doesn't work." Chicago Tribune, December 19, 2010.

"BP Should Pay for All the Damage." Wall Street Journal, June 24, 2010, p. 20 (with John Rudy).

"BP Doesn't Desrve a Liability Cap." Wall Street Journal, June 16, 2010, p. 21.

"Obamacare's Phony Medicaid 'Deal'." Wall Street Journal, May 10, 2010, 2010, p. 15.

"Google-itis: Beware of Class Action Settlements." Financial Times, Jan. 4, 2010.

"Public Utility Concept for Health Insurance." Wall Street Journal, December 29, 2009.

"Harry Reid Turns Insurance Into a Public Utility." Wall Street Journal, Dec. 22, 2009.

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

"The European Commission Strikes Again." Financial Times, May 28, 2009.

"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 30, 2009.

"Is the Bonus Tax Unconstitutional." Wall Street Journal, March 26, 2009.

"Mandatory Labor Arbitration." Washington Times, March 24, 2009.

"The Unravelling of Patents in the U.S." Financial Times, March 31, 2009.

"Back to Basics for New Zealand Labor Markets." New Zealand Centre for Political Research Newsletter, December 14, 2008.

"Anonymous judging in the EU." Financial Times, March 26, 2008.

"Legal Analogies and Metaphors in a High-tech Age." Financial Times, Jan. 15, 2008.

"Special Patent Pleaders." Financial Times, April 21, 2008.

"Breaking the Patent Logjam." Financial Times, August 28, 2008.

"The Employee Free Choice Act Is Unconstitutional." The Wall Street Journal, December 19, 2008.

"Every Vote Should Count for Unions." The Wall Street Journal, December 24, 2008, p. A10.

"How to Complicate Habeas Corpus." The New York Times, June 21, 2008.

"A Labor Dilemma for President Obama." New York Post, October 21, 2008.

"It’s Time To Strip Public Unions Of Their Monopoly Power." Jewish Daily-Forward, July 11, 2007.

"Privatising Bandwidth." Financial Times, July 24, 2007.

"The School Integration Cases: Misguided Approach." The National Law Journal, Aug. 1, 2007.

"Two Minds on Injunctive Relief." Financial Times, Aug. 15, 2007.

"AIDS Drugs: Are Property Rights and Human Rights in Conflict?" Financial Times, May 7, 2007.

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

"Detainees and Habeas Corpus." Wall Street Journal, February 28, 2007, p. B10.

"Double Trouble for American Telecoms." Financial Times, June 18, 2007.

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

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

"EU Continues Battle Against Microsoft." Financial Times, March 5, 2007.

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

"Misguided Approach." The National Law Journal, August 1, 2007.

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

"A Pretextual Taking: The Didden Decision." The National Law Journal, 2007.

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

"Scalia's Judicial Activism." The Wall Street Journal, June 29, 2007, p. A15.

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

"Competition Law in Two Easy Steps." Financial Times, July 12, 2006.

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

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

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

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

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

"The Myth of the Big Bad Drug Companies." Los Angeles Times, December 22, 2006, p. A39.

"Navigable Waters?" The National Law Journal, August 2, 2006, p. 27.

"Patent's Downward Spiral." Financial Times, July 19, 2006.

"Patents--to Nationalise, or Otherwise." Financial Times, November 7, 2006.

"The Problem With Presidential Signing Statements." Chicago Tribune, July 16, 2006.

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

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

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

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

"A Welcome Revolution." The National Law Journal, 2006.

"What's Good for Pharma Is Good for America." The Boston Globe, December 3, 2006, p. E1.

"Ambush in Angleton." The Wall Street Journal, August 22, 2005, p. A10.

"Best Efficiency Gains Flow from Hands-Off Approach." The New Zealand Herald, March 1, 2005.

"Class Action Fairness Act: Further Fix Needed." The National Law Journal, November 21, 2005, p. 23.

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

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

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

"Grokster, the Contributory Infringement Wars." Financial Times, January 31, 2005.

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

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

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

"Organs for Sale." National Post, March 29, 2005, p. A20.

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

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

"Rethink 'Wickard'." The National Law Journal, January 17, 2005.

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

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

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

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

"Written in Stone." The Wall Street Journal, September 17, 2005, p. A15.

"Can Intellectual Property Survive Its Critics?" Financial Times, March 9, 2004.

"The Case for Flat Taxes." The New Zealand Herald, January 31, 2004.

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

"Foreign Headaches." The National Law Journal, July 12, 2004 (with Michael Greve).

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

"Lawyers' Rise or Fall?" The National Law Journal, May 31, 2004.

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

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

"Warping the Law." The National Law Journal, March 22, 2004.

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

"Why Open Source Software Is Not Sustainable." Financial Times, October 21, 2004.

"Why Rule Out Copyright Protection for Databases?" Financial Times, November 22, 2004.

"Classical, Liberal, Rational." The Wall Street Journal, September 5, 2003.

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

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

"Justice Brown Attacks New Deal Assumptions." San Jose Mercury News, November 16, 2003, p. 5P.

"Law and Economics: A Synagogue in Suburbia." The National Law Journal, September 1, 2003, p. 31.

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

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

"Sarbanes Overdose." The National Law Journal, January 27, 2003.

"A Sore Loser on Cybertrespass." Financial Times, July 23, 2003.

"What Are Internet Services?" Financial Times, October 20, 2003.

"A Changing of the Antitrust Guard." Financial Times, November 13, 2002.

"Comments on Lessig on Open Internet Access." Financial Times, December 14, 2002.

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

"If It Ain't Broke . . . ." Financial Times, July 4, 2002.

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

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

"Not Too Late to Stop Soldier Field Giveaway." Chicago Tribune, May 5, 2002, p. 11.

"Soldier Field as Public Misuse." Chicago Daily Law Bulletin, November 20, 2002, p. 6.

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

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

"Whose Utility Counts?" The National Law Journal, August 12, 2002, p. A19.

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

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

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

"End It Now." the Wall Street Journal, November 26, 2000, p. A26.

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

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

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

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

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

"Time Requirement to Become an Attorney Should Not be Cut." Los Angeles Daily Journal, December 15, 1999.

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

"Congress's Copyright Giveaway." The Wall Street Journal, December 21, 1998, p. A19.

"Monoply Is Bad. Trustbusting Can Be Worse." Wall Street Journal, July 6, 1998, p. A14.

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

"Big Tobacco's Big Mistake." The New York Times, June 25, 1997, p. A19.

"Bork's Bite." Review of Slouching Towards Gomorrah, by Robert H. Bork. New York Times Book Review, October 20, 1997.

"Faith or Fear: How Jews Can Survive in Christian America." New York Times Book Review, August 10, 1997.

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

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

"Courts Should Not Play with Employment Act." New Zealand Herald, May 21, 1996.

"The First Freedoms." Review of Freeman's Law, The Moral Reading of the Constitution, by Ronald Dworkin. New York Times Book Review, May 26, 1996, p. A12.

"His Terrible Swift Sword." Review of The Vision of the Anointed, by Thomas Sowell. New York Times Book Review, July 30, 1995, p. 6.

"Pondering the Kevorkian Question: The Right to End Suffering Belongs to the Individual." Chicago Tribune, May 6, 1994, p. 23.

"Reining In the Land-use Planners." Chicago Tribune, July 22, 1994, p. 23 (with William Mellor).

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

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

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

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

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

"As Unions Decline, Labor Law Constrains the Job Market." The Wall Street Journal, September 2, 1992, p. A11.

"Diversity Yes, but Without Coercion." The Wall Street Journal, April 22, 1992, p. 19.

"Rule of Law: Diversity Yes, but Without Coercion." Wall Street Journal, April 22, 1992.

"Testing the Wall Between Church and State." Wall Street Journal, December 23, 1992, p. A9.

"Keep Mandatory Retirement for Tenured Faculty." Scripps Howard News Service, August 26, 1991 (with Saunders Mac Lane).

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

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

"Age Discrimination Statute: Good Politics, Bad Economics." The Legal Times, February 9, 1987.

"Bork-Bashing: Easy, Unedifying, and Irresponsible." Chicago Tribune, August 31, 1987.

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

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

"Why Not a Free Market in Evaluating Our Professors." Legal Times, April 6, 1987, p. 10.

"At Any Cost: Corporate Greed, Women and the Dalkon Shield." Wall Street Journal, January 2, 1986, p. 12.

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

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

"A Voyeur's View of the High Court." Review of The Supreme Court in American Politics, by David O'Brien. Wall Street Journal, August 1, 1986, p. 11.

"Abolish the Board: Deregulate Unions." The New York Times, July 20, 1985, p. 2.

"Actual Malice Rule Should Go." Chicago Tribune, February 18, 1985, p. 11.

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

"Simple Rules for a Complex World." The Wall Street Journal, June 27, 1985, p. 30.

"Asleep at a Constitutional Switch." Wall Street Journal, August 9, 1984, p. 28.

Working Papers

"Marking to Market: Can Accounting Rules Shake the Foundations of Capitalism." 2009 (with M. Todd Henderson).

"Fairness in a Liberal Society." 2005.

"Trade Secrets as Private Property: Their Constitutional Protection." 2003.

"Into the Frying Pan: Standing and Privity Under the Telecommunications Act of 1996 and Beyond." 2002.

"Allocation of the Commons: Parking and Stopping on the Commons." 2001 (also published as University of Chicago Public Law Working Paper No. 15).

Other Publications

"The Road to Stagnation." 2007.

"American Lessons for European Federalism." In The New Frontiers Foundation, 2005.

"Does America Have a Prescription Drug Problem?: The Perils of Ignoring the Economics of Pharmaceuticals." 2004.

"Class Actions: The Need for a Second Hard Look." The Manhattan Institute, 2002

"Step One of Chevron v. National Resources Defense Council." Paper prepared for the Scope of Judicial Review Portion of the Project on the Administrative Procedure Act, ABA's Administrative Law and Regulatory Practice Section, Third Revised Draft, 2001.