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Richard A. Posner : Publications

Books (Author)

    The Behavior of Federal Judges: a Theoretical and Empirical Study of Rational Choice (Harvard University Press, 2013) (edited with Lee Epstein & William M. Landes). [CU]

    Reflections on Judging (Harvard University Press, 2013). [CU]

    Economic Analysis of Law (8th ed.) (Aspen, 2011). [CU]

    The Crisis of Capitalist Democracy (Harvard University Press, 2010). [CU]

    Uncommon Sense: Economic Insights, from Marriage to Terrorism (University of Chicago Press, 2009) (edited with Gary S. Becker). [CU]

    Law and Literature (3rd Rev. ed.) (Harvard University Press, 2009). [CU]

    A Failure of Capitalism: The Crisis of '08 and the Descent into Depression (Harvard University Press, 2009). [CU]

    How Judges Think (Harvard University Press, 2008). [CU]

    The Little Book of Plagiarism (Pantheon Books, 2007). [CU]

    Uncertain Shield : The U.S. Intelligence System in the Throes of Reform (Rowman and Littlefield, 2006). [CU]

    Not a Suicide Pact: The Constitution in a Time of National Emergency (Oxford University Press, 2006). [CU]

    Remaking Domestic Intelligence (Hoover Institution Press, 2005). [CU]

    Preventing Surprise Attacks: Intelligence Reform in the Wake of 9/11 (Hoover Institution, Roman & Littlefield, 2005). [CU]

    The Political Economy of Intellectual Property Law (AEI-Brookings Joint Center for Regulatory Studies, 2004) (edited with William M. Landes). [CU] [WWW]

    Catastrophe: Risk and Response (Oxford University Press, 2004). [CU]

    The Economic Structure of Intellectual Property Law (Harvard University Press, 2003) (edited with William M. Landes) (also published in Spanish and Chinese). [CU]

    Economic Analysis of Law (6th ed.) (Aspen, 2003). [CU]

    Law, Pragmatism, and Democracy (Harvard University Press, 2003). [CU]

    Law, Economics and Democracy: Three Lectures in Greece (Ant. N. Sakkoulas Publishers, 2002). [CU]

    The problematics of moral and legal theory (London, 2002). [CU]

    The Economic Structure of the Law - The Collected Economic Essays of Richard A. Posner (edited by Francesco Parisi)(Edward Elgar, 2001). [CU]

    The Economics of Private Law - The Collected Economic Essays of Richard A. Posner (edited by Francesco Parisi)(Edward Elgar, 2001). [CU]

    The Economics of Public Law - The Collected Economic Essays of Richard A. Posner (edited by Francesco Parisi)(Edward Elgar, 2001). [CU]

    Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts (Princeton University Press, 2001). [CU]

    Public Intellectuals: A Study of Decline (Harvard University Press, 2001). [CU]

    Frontiers of Legal Theory (Harvard Unversity Press, 2001). [CU]

    Natural Monopoly and Its Regulation (30th Anniversary ed.) (Cato Institute, 1999). [CU]

    An Affair of State: The Investigation, Impeachment, and Trial of President Clinton (Harvard University Press, 1999). [CU]

    The Problematics of Moral and Legal Theory (Harvard University Press, 1999). [CU]

    Economic Analysis of Law (5th ed.) (Aspen, 1998). [CU]

    Law and Legal Theory in England and America (Clarendon Press/Oxford University Press, 1996). [CU]

    A Guide to America's Sex Laws (University of Chicago Press, 1996) (edited with Katharine Silbaugh). [CU]

    Aging and Old Age (The University of Chicago Press, 1995). [CU]

    Overcoming Law (Harvard University Press, 1995). [CU]

    Economics, Time and Age (Economic and Social Research Institute, 1994). [CU]

    Private Choices and Public Health: The AIDS Epidemic in an Economic Perspective (Harvard University Press, 1993) (edited with Tomas J. Philipson). [CU]

    Economic Analysis of Law (4th ed.) (Little Brown and Company, 1992). [CU]

    The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions, and Other Writings of Oliver Wendell Holmes, Jr. (University of Chicago Press, 1992). [CU]

    Sex and Reason (Harvard University Press, 1992). [CU]

    Cardozo: A Study in Reputation (University of Chicago Press, 1990). [CU]

    The Problems of Jurisprudence (Harvard University Press, 1990). [CU]

    Law and Literature: A Misunderstood Relation (Harvard University Press, 1988). [CU]

    The Economic Structure of Tort Law (Harvard University Press, 1987) (edited with William M. Landes) (also published in Chinese). [CU]

    Economic Analysis of Law (3rd ed.) (Little Brown and Company, 1986). [CU]

    The Federal Courts: Crisis and Reform (Harvard University Press, 1985). [CU]

    Antitrust: Cases, Economic Notes and Other Materials, 1984 Supplement (West Publishing Company, 1984) (with Frank H. Easterbrook). [CU]

    Tort Law: Cases and Economic Analysis (Little Brown and Company, 1982). [CU]

    Antitrust: Cases, Economic Notes, and Other Materials, 1982 Supplement (West Publishing Company, 1982) (with Frank H. Easterbrook). [CU]

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

    The Economics of Justice (Harvard University Press, 1981). [CU]

    Economics of Corporation Law and Securities Regulation (Little Brown and Company, 1980). [CU]

    The Economics of Contract Law (Little Brown and Company, 1978). [CU]

    Economic Analysis of Law (2nd ed.) (Little Brown and Company, 1977). [CU]

    The Robinson-Patman Act: Federal Regulation of Price Differences (American Enterprise Institute, 1976). [CU]

    Antitrust Law: An Economic Perspective (University of Chicago Press, 1976). [CU]

    The Workload of the Supreme Court (American Bar Foundation, 1976). [CU]

    Antitrust: Cases, Economic Notes, and Other Materials (West Publishing Company, 1974). [CU]

    Regulation of Advertising by the FTC (American Enterprise Institute for Public Policy, 1973). [CU]

    Economic Analysis of Law (Little Brown and Company, 1973). [CU]

Books (Editor)

    The Coase Theorem vol. I: Origins, Restatements and Extensions (Edward Elgar Publishing Ltd., 2013) (edited with Francesco Parisi). [CU]

    The Coase Theorem Vol. II: Criticisms and Applications (Edward Elgar Publishing Ltd., 2013) (edited with Francesco Parisi). [CU]

    Economic Foundations of Private Law (Edward Elgar Publishing Ltd, 2002) (edited with Francesco Parisi). [CU]

    Law and Economics (Edward Elgar, 1997) (edited with Francesco Parisi). [CU]

Journal Articles

    "The Best for Last: The Timing of U.S. Supreme Court Decisions," 64 Duke Law Journal __ (2015) (with Lee Epstein, William M. Landes). [CU] [WWW]

    "Foreword: What Books on Law Should Be," 112 Michigan Law Review 859 (2014). [CU]

    "What Young (and Old) Lawyers Need to Know about Judges," 43 Colorado Lawyer 75 (2014). [CU]

    "Book Review (reviewing Louis Kaplow, Competition Policy and Price Fixing (2013))," 79 Antitrust Law Journal 761 (2014). [CU]

    "Mock Trials and Real Justices and Judges," 34 Cardozo Law Review 2111 (2013) (Appendix charts: http://chicagounbound.uchicago.edu/journal_articles/2748). [CU]

    "Why Is There No Milton Friedman Today?," 10 Econ Journal Watch 210 (2013). [CU]

    "Instrumental and Noninstrumental Theories of Tort Law," 88 Indiana Law Journal 469 (2013). [CU]

    "How Business Fares in the Supreme Court," 97 Minnesota Law Review 1431 (2013) (with Lee Epstein & William M. Landes). [CU]

    "The Supreme Court and Celebrity Culture," 88 Chicago-Kent Law Review 299 (2013). [CU]

    "Behavioral Finance Before Kahneman," 44 Loyola University Chicago Law Journal 1341 (2013). [CU]

    "Judicial Opinions and Appellate Advocacy in Federal Courts - One Judge's Views," 51 Duquesne Law Review 3 (2013). [CU]

    "Introduction," 80 University of Chicago Law Review 1 (2013) (with Eric Posner & Adam B. Cox). [CU]

    "Jervis on Complexity Theory," 24 Critical Review 367 (2013). [CU]

    "Are Even Unanimous Decisions in the United States Supreme Court Ideological?," 106 Northwestern University Law Review 699 (2012) (with William M. Landes & Lee Epstein). [CU]

    "A Heartfelt, Albeit Largely Statistical, Salute to Judge Richard D. Cudahy," 29 Yale Journal on Regulation 355 (2012). [CU]

    "The Rise and Fall of Judicial Self-Restraint," 100 California Law Review 519 (2012). [CU]

    "The Romance of Force: James Fitzjames Stephen on Criminal Law," 10 Ohio State Journal of Criminal Law 263 (2012). [CU]

    "The Bluebook Blues (reviewing Harvard Law Review Association, The Bluebook: A Uniform System of Citation (19th ed., 2010))," 120 Yale Law Journal 852 (2011). [CU]

    "Why (and When) Judges Dissent: A Theoretical and Empirical Analysis," 3 Journal of Legal Analysis 101 (2011) (with William M. Landes & Lee Epstein). [CU]

    "Keynes and Coase," 54 Journal of Law and Economics S31 (2011). [CU]

    "Comment on Merrill on the Law of Waste," 94 Marquette Law Review 1095 (2011). [CU]

    "Realism About Judges," 105 Northwestern University Law Review 577 (2011). [CU]

    "Judicial Review, a Comparative Perspective: Israel, Canada, and the United States," 31 Cardozo Law Review 2393 (2010) (remarks from roundtable discussion). [CU]

    Response, "Reply to Comments", 6 Journal of Institutional Economics 139 (2010). [CU]

    "From the New Institutional Economics to Organization Economics: With Applications to Corporate Governance, Government Agencies, and Legal Institutions," 6 Journal of Institutional Economics 1 (2010). [CU]

    "Inferring the Winning Party in the Supreme Court from the Pattern of Questioning at Oral Argument," 39 Journal of Legal Studies 433 (2010) (with William M. Landes & Lee Epstein). [CU]

    "On the Receipt of the Ronald H. Coase Medal: Uncertainty, The Economic Crisis, and the Future of Law and Economics," 12 American Law and Economics Review 265 (2010). [CU]

    "The Judiciary and the Academy: A Fraught Relationship," 29 University of Queensland Law Journal 13 (2010). [CU]

    Response, "Some Realism about Judges: A Reply to Edwards and Livermore", 59 Duke Law Journal 1177 (2010). [CU]

    "Kafka: The Writer as Lawyer (reviewing Stanley Corngold, Jack Greenberg & Benno Wagner, eds., Franz Kafka: The Office Writings (2009))," 110 Columbia Law Review 207 (2010). [CU]

    "The Evolution of a Legal Rule," 39 Journal of Legal Studies 325 (2010). [CU]

    "What Judges Think of the Quality of Legal Representation," 63 Stanford Law Review 317 (2010) (with Albert H. Yoon). [CU]

    "Financial Regulatory Reform:The Politics of Denial," 6 Economists’ Voice 1 (2009). [CU] [WWW]

    "Uncertainty Aversion and Economic Depressions," 52 Challenge 25 (2009). [CU]

    "The Economics of Presidential Pardons and Commutations," 38 Journal of Legal Studies 61 (2009). [CU]

    "Rational Judicial Behavior: A Statistical Study," 1 Journal of Legal Analysis 775 (2009) (with William M. Landes). [CU]

    "National Security and Constitutional Law Precis: The Constitution in a Time of National Emergency," 42 Israel Law Review 217 (2009). [CU]

    Response, "Rejoinder", 42 Israel Law Review 275 (2009). [CU]

    "Are American CEOS Overpaid, and, If So, What If Anything Should Be Done About It?," 58 Duke Law Journal 1013 (2009). [CU]

    "Antitrust in the Not-for-Profit Sector," 52 Journal of Law and Economics 1 (2009) (with Tomas J. Philpson). [CU]

    "Let Us Never Blame a Contract Breaker," 107 Michigan Law Review 1349 (2009). [CU]

    "The Decline and Fall of AT&T: A Personal Recollection," 61 Federal Communications Bar Journal 11 (2008). [CU]

    "Is the Obesity Epidemic a Public Health Problem? (reviewing Zoltan J. Acs & Alan Lyles, Obesity, Business, and Public Policy, (2007))," 46 Journal of Economic Literature 972 (2008) (with Tomas J. Philipson). [CU]

    "The Decline of Literary Criticism," 32 Philosophy and Literature 385 (2008). [CU]

    "The Latest Intelligence Crisis," 23 Intelligence and National Security 371 (2008) (with John McCreary). [CU]

    Response, "The State of Legal Scholarship Today: A Comment on Schlag", 97 Georgetown Law Journal 845 (2008). [CU]

    "Foreword: The Peer Review Experiment," 60 South Carolina Law Review 822 (2008). [CU]

    "Privacy, Surveillance, and Law," 75 University of Chicago Law Review 245 (2008). [CU]

    "Classic Revisited: Penal Theory in Paradise Lost," 105 Michigan Law Review 1049 (2007) (with Jillisa Brittan). [CU]

    "John Milton: Complete Poems and Major Prose," 105 Michigan Law Review 1049 (2007). [CU]

    "In Memoriam: Bernard D. Meltzer (1914-2007)," 74 University of Chicago Law Review 435 (2007). [CU]

    "American Legal Pragmatism," Rechtliche Rahmenbedingungen des Wirschaftsstandortes Schweiz 119 (2007). [CU]

    "In Defense of Prometheus: Some Ethical, Economic, and Regulatory Issues of Sports Doping," 57 Duke Law Journal 1725 (2007). [CU]

    "Tribute to Ronald Dworkin and a Note on Pragmatic Adjudication," 63 New York University Annual Survey of American Law 9 (2007). [CU]

    "The New Market for Federal Judicial Law Clerks," 74 University of Chicago Law Review 447 (2007) (with Christopher Avery, Christine Jolls & Alvin E. Roth). [CU]

    "Reasoning by Analogy (reviewing Lloyd L. Weinreb, Legal Reason: The Use of Analogy in Legal Argument (2005))," 91 Cornell Law Review 761 (2006). [CU]

    "Legal Reason: The Use of Analogy in Legal Argument," 91 Cornell Law Review 761 (2006). [CU]

    "A Review of Steven Shavell's Foundations of Economic Analysis of Law (reviewing Steven Shavell, Foundations of Economic Analysis of Law (2004))," 44 Journal of Economic Literature 405 (2006). [CU]

    "Justice Breyer Throws Down the Gauntlet (reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005))," 115 Yale Law Journal 1699 (2006). [CU]

    "The Constitution in a Time of National Emergency: An Interview with Judge Richard Posner," 70 Social Education 446 (2006) (with James Landman). [CU]

    "Do We Have Too Many Intellectual Property Rights?," 9 Marquette Intellectual Property Law Review 173 (2006). [CU]

    "Demand and Supply Trends in Federal and State Courts over the Last Half Century," 8 Journal of Appellate Practice and Process 133 (2006). [CU]

    "Judicial Autonomy in a Political Environment," 38 Arizona State Law Journal 1 (2006). [CU]

    "One-Sided Contracts in Competitive Consumer Markets," 104 Michigan Law Review 827 (2006) (with Lucian Arye Bebchuk). [CU]

    "Law School Rankings," 81 Indiana Law Journal 13 (2006). [CU]

    "Efficient Responses to Catastrophic Risk," 6 Chicago Journal of International Law 511 (2006). [CU]

    "A Note on Rumsfeld v. Fair and the Legal Academy," 2006 Supreme Court Review 47 (2006). [CU]

    "Law Reviews," 46 Washburn Law Journal 155 (2006). [CU]

    "The Role of the Judge in the Twenty-First Century," 86 Boston University Law Review 1049 (2006). [CU]

    "Common-Law Economic Torts: An Economic and Legal Analysis," 48 Arizona Law Review 735 (2006). [CU]

    "The Importance of Property Rights in the Common Law Tradition," 38473 Economic Education Bulletin 67 (2005). [CU]

    "Brandeis and Holmes, Business and Economics, Then and Now," 1 Review of Law and Economics __ (2005). [CU]

    "Catastrophic Risks, Resource Allocation, and Homeland Security," Journal of Homeland Security __ (2005). [CU] [WWW]

    "Intellectual Property: The Law-and-Economics Approach," 19 Journal of Economic Perspectives 57 (2005). [CU]

    "Vertical Restrictions and 'Fragile' Monopoly," 50 Antitrust Bulletin 499 (2005). [CU]

    "Intelligence Failures : An Organizational Economics Perspective," 19 Journal of Economic Perspectives 151 (2005) (with Luis Garicano). [CU] [WWW]

    "Keynote Address: Vertical Restrictions and "Fragile" Monopoly," 50 Antitrust Bulletin 499 (2005). [CU]

    "Vertical Restraints and Antitrust Policy," 72 University of Chicago Law Review 229 (2005). [CU]

    "Foreword: A Political Court," 119 Harvard Law Review 32 (2005). [CU]

    "Constitutional Law from a Pragmatic Perspective," 55 University of Toronto Law Journal 299 (2005). [CU]

    "Judicial Behavior and Performance: An Economic Approach," 32 Florida State University Law Review 1259 (2005). [CU]

    "Guido Calabresi's 'The Costs of Accidents': A Reassessment," 64 Maryland Law Review 12 (2005). [CU]

    "Hayek, Law, and Cognition," 1 New York University Journal of Law and Liberty 147 (2005). [CU]

    "Murder They Wrote (reviewing Stephen Kern, A Cultural History of Causality: Murder Novels, and Systems of Thoughts (2004))," 306 Science 2193 (2004). [CU]

    Response, "Deliberative Democracy: An Empirical Note", 3 Election Law Journal 698 (2004). [CU]

    "The 2000 Presidential Election: A Statistical and Legal Analysis," 12 Supreme Court Economic Review 1 (2004). [CU]

    "Law and Economics in Common-Law, Civil-Law, and Developing Nations," 17 Ratio Juris 66 (2004). [CU]

    "Law, Pragmatism, and Democracy: Reply to Somin," 16 Critical Review 465 (2004). [CU]

    "Legal Pragmatism," 35 Metaphilosophy 147 (2004). [CU]

    "Pragmatic Liberalism versus Classical Liberalism (reviewing Richard A. Epstein, Skepticism and Freedom: A Modern Case for Classical Liberalism (2003))," 71 University of Chicago Law Review 659 (2004). [CU]

    Response, "Legal Pragmatism Defended", 71 University of Chicago Law Review 683 (2004). [CU]

    "An Empirical Analysis of the Patent Court," 71 University of Chicago Law Review 111 (2004) (with William M. Landes). [CU]

    "Federalism and the Enforcement of Antitrust Laws by State Attorneys General," 2 Georgetown Journal of Law and Public Policy 5 (2004). [CU]

    "Fair Use and Statutory Reform in the Wake of Eldred," 92 California Law Review 1639 (2004) (with William F. Patry). [CU]

    "Transaction Costs and Antitrust Concerns in the Licensing of Intellectual Property," 4 John Marshall Review of Intellectual Property Law 325 (2004). [CU]

    "The Law and Economics of Contract Interpretation," 83 Texas Law Review 1581 (2004). [CU]

    "The Federal Trade Commission: A Retrospective," 72 Antitrust Law Journal 761 (2004). [CU]

    "The Constitutionality of the Copyright Term Extension Act: Economics, Politics, Law, and Judicial Technique in Eldred v. Ashcroft," 2003 Supreme Court Review 143 (2003). [CU]

    "The Long-Run Growth in Obesity as a Function of Technological Change," 46 Perspectives in Biology and Medicine S87 (2003) (with Tomas J. Philipson). [CU]

    "Hayek, the Mind, and Spontaneous Order: A Critique," 2 Transactional Viewpoints 1 (2003). [CU]

    "Law and Economics in Common Law and Civil Law Nations," 7 Associations: Journal for Legal and Social Theory 77 (2003). [CU]

    "Indefinitely Renewable Copyright," 70 University of Chicago Law Review 471 (2003) (with William M. Landes). [CU]

    "How Long Should a Copyright Last," 50 Journal of the Copyright Society of the U.S.A. 1 (2003). [CU]

    "Misappropriation: A Dirge," 40 Houston Law Review 621 (2003). [CU]

    "Reply: The Institutional Dimension of Statutory and Constitutional Interpretation," 101 Michigan Law Review 952 (2003). [CU]

    "Public Intellectual Par Excellence (reviewing Christopher Hitchens, Why Orwell Matters (2002))," 26 Wilson Quarterly 111 (2002). [CU]

    "Dewey and Democracy: A Critique," 1 Transactional Viewpoints 1 (2002). [CU]

    "The Law and Economics of Intellectual Property," Daedalus __ (2002). [CU]

    "Behavioral Law and Economics: A Critique," 42 Economic Education Bulletin __ (2002). [CU]

    "How I Approach the Decision of an ERISA Case," 14 New York University Review of Employee Benefits and Executive Compensation 1 (2002). [CU]

    "Some Economics of International Law: Comment on Conference Papers," 31 Journal of Legal Studies S321 (2002). [CU]

    "Pragmatism Versus Purposivism in First Amendment Analysis," 54 Stanford Law Review 737 (2002). [CU]

    "In the United States Court of Appeals for the Fourteenth Circuit," 34 Loyola of Los Angeles Law Review 1345 (2001). [CU]

    "Bush v. Gore: Prolegomenon to an Assessment," 68 University of Chicago Law Review 719 (2001). [CU]

    "Harmless Error," 30 Journal of Legal Studies 161 (2001) (with William M. Landes). [CU] [SSRN]

    "Legal Scholarship Today," 115 Harvard Law Review 1314 (2001). [CU]

    "Legal Writing Today," 8 Scribes Journal of Legal Writing 35 (2001). [CU]

    "Clinical and Theoretical Approaches to the Teaching of Evidence and Trial Advocacy," 21 Quinnipiac Law Review 731 (2001). [CU]

    Response, "Bush v. Gore: Reply to Friedman", 29 Florida State University Law Review 871 (2001). [CU]

    Response, "Comment on Lempert on Posner", 87 Virginia Law Review 1713 (2001). [CU]

    "Antitrust in the New Economy," 68 Antitrust Law Journal 925 (2001). [CU]

    "The Market for Federal Judicial Law Clerks," 68 University of Chicago Law Review 793 (2001) (with Christopher Avery, Christine Jolls & Alvin E. Roth). [CU]

    "Against Footnotes," 38 Court Review 24 (2001). [CU]

    "What Has Modern Literary Theory to Offer Law? (reviewing Guyora Binder & Robert Weisberg, Literary Criticisms of Law (2000))," 53 Stanford Law Review 195 (2000). [CU]

    "Book Review (reviewing Jeremy Waldron, Law and Disagreement (1999))," 100 Columbia Law Review 582 (2000). [CU]

    "Animal Rights (reviewing Steven M. Wise, Rattling the Cage: Toward Legal Rights for Animals (2000))," 110 Yale Law Journal 527 (2000). [CU]

    "The Ethics of Judicial Commentary: A Reply to Lubet," 37 Court Review 6 (2000). [CU]

    "Eguaglianza economica e libertà politica," 153 Biblioteca della libertà 3 (2000). [CU]

    "An Economic Analysis of the Use of Citations Analysis in the Law," 2 American Law and Economics Review 381 (2000). [CU]

    "Citations, Age, Fame, and the Web," 29 Journal of Legal Studies 319 (2000) (with William M. Landes). [CU]

    "Cost-Benefit Analysis: Definition, Justification, and Comment on Conference Papers," 29 Journal of Legal Studies 1153 (2000). [CU]

    "Is the Ninth Circuit Too Large? - A Statistical Study of Judicial Quality," 29 Journal of Legal Studies 711 (2000). [CU]

    "Savigny, Holmes, and the Law and Economics of Possession," 86 Virginia Law Review 535 (2000). [CU]

    "Past-Dependency, Pragmatism, and Critique of History in Adjudication and Legal Scholarship," 67 University of Chicago Law Review 573 (2000). [CU]

    "Florida 2000: A Legal and Statistical Analylsis of the Election Deadlock and the Ensuing Litigation," 2000 Supreme Court Review 1 (2000). [CU]

    "Orwell versus Huxley: Economics, Technology, Privacy and Satire," 24 Philosophy and Literature 1 (2000). [CU]

    "Cultural Studies and the Law (reviewing Paul W. Kahn, The Cultural Study of Law; Reconstructing Legal Scholarship (1999))," Raritan 42 (1999). [CU]

    "Judicial Case Management," 1999/2000 Inner Temple Yearbook 58 (1999). [CU]

    "On the Alleged 'Sophistication' of Academic Moralism," 94 Northwestern University Law Review 1017 (1999). [CU]

    "Dworkin, Polemics, and the Clinton Impeachment Controversy," 94 Northwestern University Law Review 1023 (1999). [CU]

    "Introduction to Baxter Symposium," 51 Stanford Law Review 1007 (1999). [CU]

    "An Economic Approach to the Law of Evidence," 51 Stanford Law Review 1477 (1999). [CU]

    "The Effects of Deregulation on Competition: The Experience of the United States," 23 Fordham International Law Journal S7 (1999). [CU]

    "Status Signaling and the Law, with Particular Application to Sexual Harassment," 147 University of Pennsylvania Law Review 1069 (1999) (with Gertrud M. Fremling). [CU]

    "Analisi economica del diritto privato e commerciale: una rassegna," 148 Biblioteca della libertà 3 (1999) (with Francesco Parisi). [CU]

    "The Law and Economics of the Expert Economic Witness," 13 Journal of Economic Perspectives 91 (1999). [CU]

    "Employment Discrimination: Age Discrimination and Sexual Harassment," 19 International Review of Law and Economics 421 (1999). [CU]

    "The Problematics of Moral and Legal Theory," 111 Harvard Law Review 1637 (1998). [CU]

    "Creating a Legal Framework for Economic Development," 13 World Bank Research Observer 1 (1998). [CU]

    "The Demand for Human Cloning," 27 Hofstra Law Review 579 (1998) (with Eric Posner). [CU]

    Response, "Reply to Critics of the Problematics of Moral and Legal Theory", 111 Harvard Law Review 1796 (1998). [CU]

    "Convincing a Federal Court of Appeals From the Bench," 25 Litigation 3 (1998). [CU]

    "Social Norms, Social Meaning, and Economic Analysis of Law: A Comment," 27 Journal of Legal Studies 553 (1998). [CU]

    "Against Constitutional Theory," 73 New York University Law Review 1 (1998). [CU]

    "Professionalisms," 40 Arizona Law Review 1 (1998). [CU]

    "Bentham's Influence on the Law and Economics Movement," 51 Current Legal Problems 425 (1998). [CU]

    "Against Ethical Criticism: Part Two," 22 Philosophy and Literature 416 (1998). [CU]

    "Perché non bisogna preoccuparsi dell'invecchiamento della popolazione," 140 Biblioteca della libertà 9 (1998). [CU]

    "In Memoriam: William J. Brennan," 111 Harvard Law Review 9 (1997). [CU]

    "Should There Be Homosexual Marriage? Is So, Who Should Decide? (reviewing William N. Eskridge, Jr., The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment (1996))," 95 Michigan Law Review 1578 (1997). [CU]

    "Book Review (reviewing William N. Eskridge, The Case for Same-Sex Marriage: From Sexual Liberty to Civilized commitment (1996))," 95 Michigan Law Review 1578 (1997). [CU]

    "The Future of Law and Economics in Europe," 17 International Review of Law and Economics 3 (1997). [CU]

    "Against Ethical Criticism," 21 Philosophy and Literature 1 (1997). [CU]

    "Are We One Self or Multiple Selves? Implications for Law and Public Policy," 3 Legal Theory 23 (1997). [CU]

    "Social Norms and the Law: An Economic Approach," 87 American Economic Review: Papers and Proceedings 365 (1997). [CU]

    "Market Power in Antitrust Cases Market Power: Concept and Measurement," 27 Journal of Reprints for Antitrust Law and Economics 493 (1997) (with William M. Landes) (originally published as 94 Harvard Law Review 937 1981). [CU]

    Response, "Conceptions of Legal Theory: A Response to Ronald Dworkin", 29 Arizona State Law Journal 377 (1997). [CU]

    "Equality, Wealth, and Political Stability," 13 Journal of Law, Economics and Organization 344 (1997). [CU]

    "Explaining the Variance in the Number of Tort Suits across U.S. States and between the United States and England," 26 Journal of Legal Studies 477 (1997). [CU]

    "Foreword: Holmes," 63 Brooklyn Law Review 7 (1997). [CU]

    "Rational Choice, Behavioral Economics, and the Law," 50 Stanford Law Review 1551 (1997). [CU]

    "Narrative and Naratology in Classroom and Courtroom," 21 Philosophy and Literature 292 (1997). [CU]

    "Sexual Behavior, Disease, and Fertility Risk," 1 Risk Decision and Policy 91 (1996) (with Tomas J. Philipson). [CU]

    "Rational Choice, Public Policy, and AIDS: A Comment," 8 Rationality and Society 498 (1996) (with Tomas J. Philipson). [CU]

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

    "Pragmatic Adjudication," 18 Cardozo Law Review 1 (1996). [CU]

    "The Path Away from the Law," 110 Harvard Law Review 1039 (1996). [CU]

    "The Rise and Fall of Administrative Law," 72 Chicago-Kent Law Review 953 (1996). [CU]

    "The Economic Epidemiology of Crime," 39 Journal of Law and Economics 405 (1996) (with Tomas J. Philipson). [CU]

    "The Cost of Rights: Implications for Central and Eastern Europe--And for the United States," 32 Tulsa Law Journal 1 (1996). [CU]

    Response, "Response to Clark Freshman, Were Patricia Williams and Ronald Dworkin Separated at Birth?", 95 Columbia Law Review 1610 (1995). [CU]

    "The Sociology of the Sociology of Law: A View From Economics," 2 European Journal of Law and Economics 265 (1995). [CU]

    "Heavily Cited Articles in Law," 71 Chicago-Kent Law Review 825 (1995) (with William M. Landes). [CU]

    "Should Indirect Purchasers Have Standing to Sue under the Antitrust Laws? An Economic Analysis of the Rule of Illinois Brick," 25 Journal of Reprints for Antitrust Law and Economics 825 (1995) (with William M. Landes). [CU]

    "Annual Dinner Address (May 18, 1995)," 1995 American Law Institute - Meeting Speeches 39 (1995). [CU]

    "The Costs of Enforcing Legal Rights," 4 East European Constitutional Review 71 (1995). [CU]

    "The Future of the Student-Edited Law Review," 47 Stanford Law Review 1131 (1995). [CU]

    "Judges' Writing Styles (And Do They Matter?)," 62 University of Chicago Law Review 1420 (1995). [CU]

    "Judicial Biography," 70 New York University Law Review 502 (1995). [CU]

    "The Microeconomics of the AIDS Epidemic in Africa," 21 Population and Development Review 835 (1995) (with Tomas J. Philipson). [CU]

    "Working Within the Confines of Our Current Judiciary," 3 Long Term View: A Journal of Informed Opinion 32 (1995). [CU]

    "A Thoretical and Empirical Investigation of Public Health Subsidies for STD Testing," 105 Quarterly Journal of Economics 445 (1995) (with Tomas J. Philipson). [CU]

    "Executive Detention in Wartime (reviewing A.W. Brian Simpson, In the Highest Degree Odious: Detention Without Trial in Wartime Britain (1992))," 92 Michigan Law Review 1675 (1994). [CU]

    "The Law's Leaden Muse (reviewing Fred R. Shapiro, The Oxford Dictionary of American Legal Quotations (1993))," 63 American Scholar 449 (1994). [CU]

    "The Economics of Anticipatory Adjudication," 23 Journal of Legal Studies 683 (1994) (with William M. Landes). [CU]

    "Public Spending on AIDS Education: An Economic Analysis," 37 Journal of Law and Economics 17 (1994) (with Tomas J. Philipson). [CU]

    "Book Review (reviewing Fred R. Shapiro, The Oxford Dictionary of American Legal Quotations (1993))," 63 American Scholar 449 (1994). [CU]

    "The Hand Biography and the Question of Judicial Greatness (reviewing Gerald Gunther, Learned Hand: The Man and the Judge (1994))," 104 Yale Law Journal 511 (1994). [CU]

    "Legal Scholarship Today," 45 Stanford Law Review 1647 (1993). [CU]

    "The Influence of Economics on Law: A Quantitative Study," 36 Journal of Law and Economics 153 (1993) (with William M. Landes). [CU]

    "How I Write," 4 Scribes Journal of Legal Writing 45 (1993). [CU]

    "Blackmail, Privacy, and Freedom of Contract," 141 University of Pennsylvania Law Review 1817 (1993). [CU]

    "Gary Becker's Contributions to Law and Economics," 22 Journal of Legal Studies 211 (1993). [CU]

    "The Material Basis of Jurisprudence," 69 Indiana Law Journal 1 (1993). [CU]

    "What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)," 3 Supreme Court Economic Review 1 (1993). [CU]

    "Cross-Cultural Differences in Family and Sexual Life: An Economic Analysis," 5 Rationality and Society 421 (1993) (with Gary S. Becker). [CU]

    "Ronald Coase and Methodology," 7 Journal of Economic Perspectives 197 (1993). [CU]

    "Richard Rorty's Politics," 7 Critical Review 33 (1993). [CU]

    "Reply to Coase and Williamson," 149 Journal of Institutional and Theoretical Economics 119 (1993). [CU]

    "The New Institutional Economics Meets Law and Economics," 149 Journal of Institutional and Theoretical Economics 73 (1993). [CU]

    "Medieval Iceland and Modern Scholarship (reviewing William Ian Miller, Bloodtaking and Peacemaking: Feud, Law and Society in Saga Iceland (1990))," 90 Michigan Law Review 1495 (1992). [CU]

    "Book Review (reviewing Bruce Ackerman, The Future of Liberal Revolution (1992))," 1 East European Constitutional Review 35 (1992). [CU]

    "Democracy and Dualism (reviewing Bruce A. Ackerman, We the People vol. 1: Foundations (1991))," 56 Transition 68 (1992). [CU]

    "Ms. Aristotle," 70 University of Texas Law Review 1013 (1992). [CU]

    "When Is Parody Fair Use?," 21 Journal of Legal Studies 67 (1992). [CU]

    Response, "The Radical Feminist Critique of Sex and Reason", 25 Connecticut Law Review 515 (1992). [CU]

    "Legal Reasoning from the Top Down and from the Bottom Up: The Question of Unenumerated Constitutional Rights," 59 University of Chicago Law Review 433 (1992). [CU]

    "The Deprofessionalization of Legal Teaching and Scholarship," 91 Michigan Law Review 1921 (1992). [CU]

    "Law as Politics: Horwitz on American Law, 1870-1960," 6 Critical Review 559 (1992). [CU]

    "From Von's to Schwinn to the Chicago School: Interview with Judge Richard Posner, Seventh Circuit Court of Appeals," 6 Antitrust 4 (1992). [CU]

    "Book review (reviewing Bruce A. Ackerman, We the People, vol. 1: Foundations (1991))," 56 Transition 68 (1992). [CU]

    "The Uncertain Future of Legal Education," 132 Proceedings of the Association of American Law Schools __ (1991). [CU]

    "Remarks on Law and Literature," 23 Loyola University Chicago Law Journal 181 (1991). [CU]

    "The Strangest Attack Yet on Law and Economics," 20 Hofstra Law Review 933 (1991). [CU]

    "Democracy and Distrust Revisited," 77 Virginia Law Review 641 (1991). [CU]

    "Some Economics of Trade Secret Law," 5 Journal of Economic Perspectives 61 (1991) (with William M. Landes & David D. Friedman). [CU]

    "A Tribute to Justice William J. Brennan, Jr.," 104 Harvard Law Review 13 (1990). [CU]

    "What Has Pragmatism to Offer Law?," 63 Southern California Law Review 1653 (1990). [CU]

    "Duncan Kennedy on Affirmative Action," 1990 Duke Law Journal 1157 (1990). [CU]

    "Introduction - Federal Courts Symposium," 1990 Brigham Young University Law Review 1 (1990). [CU]

    "Bork and Beethoven," 42 Stanford Law Review 1365 (1990). [CU]

    "Law and Economics Is Moral," 24 Valparaiso University Law Review 163 (1990). [CU]

    "Rebuttal to Malloy," 24 Valparaiso University Law Review 183 (1990). [CU]

    "An Economic Analysis of Sex Discrimination Laws," 56 University of Chicago Law Review 1311 (1989). [CU]

    "An Economic Approach to Issues of Religious Freedom," 56 University of Chicago Law Review 1 (1989) (with Michael W. McConnell). [CU]

    "A Comment on Richard Weisberg's Interpretation of Billy Budd," 1 Cardozo Studies in Literature 71 (1989). [CU]

    "An Economic Analysis of Copyright Law," 18 Journal of Legal Studies 325 (1989) (with William M. Landes). [CU]

    "The Ethics and Economics of Enforcing Contracts of Surrogate Motherhood," 5 Journal of Contemporary Health Law and Policy 21 (1989). [CU]

    "Comment on Richard Weisberg's Interpretation of Billy Budd," 1 Cardozo Studies in Law and Literature 71 (1989). [CU]

    "Hegel and Employment at Will: A Comment," 10 Cardozo Law Review 1625 (1989). [CU]

    "Conservative Feminism," 1989 University of Chicago Legal Forum 191 (1989). [CU]

    "Legislation and Its Interpretation: A Primer," 68 Nebraska Law Review 431 (1989). [CU]

    "Philistinism in Law," 16 Northern Kentucky Law Review 415 (1989). [CU]

    "Coping With the Caseload: A Comment On Magistrates and Masters," 137 University of Pennsylvania Law Review 2215 (1989). [CU]

    "The Future of Law and Economics: A Comment on Ellickson," 65 Chicago-Kent Law Review 57 (1989). [CU]

    "On Theory and Practice: Reply to 'Richard Posner's Praxis'," 49 Ohio State Law Journal 1077 (1989). [CU]

    "Gregor Samsa Replies," 83 Northwestern University Law Review 1022 (1989). [CU]

    "Art for Law's Sake," 58 American Scholar 513 (1989). [CU]

    "Comment: Responding to Gordon Tullock," 2 Research in Law and Policy Studies 29 (1988). [CU]

    "Book Review (reviewing Eskridge, William N., J., Cases and Materials on Legislation: Statutes and the Creation of Public Policy (1988))," 74 Virginia Law Review 1567 (1988). [CU]

    "The Economics of Trademark Law," 78 Trademark Reporter 267 (1988) (with William M. Landes). [CU]

    "The Insignificance of Macroeconomics in Patent Antitrust Law: A Comment on Millstein," 9 Cardozo Law Review 1203 (1988). [CU]

    "The Depiction of Law in the Bonfire of the Vanities," 98 Yale Law Journal 1653 (1988). [CU]

    "Constitutional Scholarship: What Next?," 5 Constitutional Commentary 17 (1988). [CU]

    "Conventionalism: The Key to Law as an Autonomous Discipline," 38 University of Toronto Law Journal 333 (1988). [CU]

    "Comment on Donohue," 22 Law and Society Review 927 (1988). [CU]

    "The Jurisprudence of Skepticism," 86 Michigan Law Review 827 (1988). [CU]

    "Jurisprudential Responses to Legal Realism," 73 Cornell Law Review 326 (1988). [CU]

    "The Law and Economics Movement," 77 American Economic Review: Papers and Proceedings 1 (1987). [CU]

    "Trademark Law: An Economic Perspective," 30 Journal of Law and Economics 265 (1987) (with William M. Landes). [CU]

    "The Decline of Law as an Autonomous Discipline: 1962-1987," 100 Harvard Law Review 761 (1987). [CU]

    "The Efficiency and the Efficacy of Title VII," 136 University of Pennsylvania Law Review [522] (1987). [CU]

    "The Constitution as an Economic Document," 56 George Washington Law Review 4 (1987). [CU]

    "The Ethics of Wealth Maximization: Reply to Malloy," 36 University of Kansas Law Review 261 (1987). [CU]

    "The Regulation of the Market in Adoptions," 67 Boston University Law Review 59 (1987). [CU]

    "From Billy Budd to Buchenwald (reviewing Weisberg, Richard H., The Failure of the Word: The Protagonist as Lawyer in Modern Fiction (1984))," 96 Yale Law Journal 1173 (1987). [CU]

    "The Justice of Economics," 1987 Economia delle Scelte Pubbliche 15 (1987). [CU]

    "Goodbye to the Bluebook," 53 University of Chicago Law Review 1343 (1986). [CU]

    Response, "The Ethical Significance of Free Choice: A Reply to Professor West", 99 Harvard Law Review 1431 (1986). [CU]

    "Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution," 37 Case Western Reserve Law Review 179 (1986). [CU]

    "The Summary Jury Trial and Other Methods of Alternative Dispute Resolution: Some Cautionary Observations," 53 University of Chicago Law Review 366 (1986). [CU]

    "Law and Literature: A Relation Reargued," 72 Virginia Law Review 1351 (1986). [CU]

    "Free Speech in an Economic Perspective," 20 Suffolk University Law Review 1 (1986). [CU]

    "Book Review (reviewing Frederic Rogers Kellog, The Formative Essays of Justice Holmes: The Making of an American Legal Philosophy (1984) and H. L. Pohlman, Justice Oliver Wendell Holmes and Utilitarian Jurisprudence (1984))," 53 George Washington Law Review 870 (1985). [CU]

    "A Positive Economic Analysis of Products Liability," 14 Journal of Legal Studies 535 (1985) (with William M. Landes). [CU]

    "Can Lawyers Solve the Problems of Tort System?," 73 California Law Review 747 (1985). [CU]

    "Wealth Maximization Revisited," 2 Notre Dame Journal of Law, Ethics and Public Policy 85 (1985). [CU]

    "An Economic Theory of the Criminal Law," 85 Columbia Law Review 1193 (1985). [CU]

    "Law and the Theory of Finance: Some Intersections," 54 George Washington Law Review 159 (1985). [CU]

    "The Constitution as Mirror: Tribe's Constitutional Choices (reviewing Laurence H. Tribe, Constitutional Choices (1985))," 84 Michigan Law Review 551 (1985). [CU]

    "Tort Law as a Regulatory Regime for Catastrophic Personal Injuries," 13 Journal of Legal Studies 417 (1984) (with William M. Landes). [CU]

    "Some Economics of Labor Law," 51 University of Chicago Law Review 988 (1984). [CU]

    "Wealth Maximization and Judicial Decision-Making," 4 International Review of Law and Economics 131 (1984). [CU]

    "Causation in Tort Law: An Economic Approach," 12 Journal of Legal Studies 109 (1983) (with William M. Landes). [CU]

    "Will the Federal Courts of Appeals Survive until 1984?: An Essay on Delegation and Specialization of the Judicial Function," 56 Southern California Law Review 761 (1983). [CU]

    "The Meaning of Judicial Self-Restraint," 59 Indiana Law Journal 1 (1983). [CU]

    "Statutory Interpretation--in the Classroom and in the Courtroom," 50 University of Chicago Law Review 800 (1983). [CU]

    "Oligopolistic Pricing Suits, the Sherman Act and Economic Welfare," 13 Journal of Reprints for Antitrust Law and Economics 637 (1983). [CU]

    "Toward an Economic Theory of Federal Jurisdiction," 6 Harvard Journal of Law and Public Policy 41 (1982). [CU]

    "Economics, Politics, and the Reading of Statutes and the Constitution," 49 University of Chicago Law Review 263 (1982). [CU]

    "Excessive Sanctions for Governmental Misconduct in Criminal Cases," 57 Washington Law Review 635 (1982). [CU]

    "Book Review (reviewing Michael E. Parrish, Felix Frankfurter and His Times: The Reform Years (1982))," 67 Minnesota Law Review 292 (1982). [CU]

    "Lawyers as Philosophers: Ackerman and Others," 1981 American Bar Foundation Research Journal 231 (1981). [CU]

    "A Reply to Some Recent Criticisms of the Efficiency Theory of the Common Law," 9 Hofstra Law Review 775 (1981). [CU]

    "The Concept of Corrective Justice in Recent Theories of Tort Law," 10 Journal of Legal Studies 187 (1981). [CU]

    "The Next Step in the Antitrust Treatment of Restricted Distribution: Per Se Legality," 48 University of Chicago Law Review 6 (1981). [CU]

    "Rethinking the Fourth Amendment," 1981 Supreme Court Review 49 (1981). [CU]

    "Tribute to Mr. Justice Brennan," 1981 Annual Survey of American Law [xxiii] (1981). [CU]

    "An Economic Theory of Intentional Torts," 1 International Review of Law and Economics 127 (1981) (with William M. Landes). [CU]

    "The Economics of Privacy," 71 American Economic Review 405 (1981). [CU]

    "Contribution among Antitrust Defendants: A Legal and Economic Analysis," 23 Journal of Law and Economics 331 (1980) (with Frank H. Easterbrook & William M. Landes). [CU]

    "The Positive Economic Theory of Tort Law," 15 Georgia Law Review 851 (1980) (with William M. Landes). [CU]

    "Market Power in Antitrust Cases," 94 Harvard Law Review 937 (1980) (with William M. Landes) (reprinted in 27 Journal of reprints for Antitrust and Economics 493 1995). [CU]

    "Legal Change, Judicial Behavior, and the Diversity Jurisdiction," 9 Journal of Legal Studies 367 (1980) (with William M. Landes). [CU]

    "The Economics of Passing On: A Reply to Harris and Sullivan," 128 University of Pennsylvania Law Review 1274 (1980) (with William M. Landes). [CU]

    "A Theory of Primitive Society, with Special Reference to Law," 23 Journal of Law and Economics 1 (1980). [CU]

    "The Present Situation in Legal Scholarship," 90 Yale Law Journal 1113 (1980). [CU]

    "The Value of Wealth: A Comment on Dworkin and Kronman," 9 Journal of Legal Studies 243 (1980). [CU]

    "Introduction - The Law and Economics of Privacy," 9 Journal of Legal Studies 621 (1980). [CU]

    "Retribution and Related Concepts of Punishment," 9 Journal of Legal Studies 71 (1980). [CU]

    "Optimal Sentences for White-Collar Criminals," 17 American Criminal Law Review 409 (1980). [CU]

    "The Ethical and Political Basis of the Efficiency Norm in Common Law Adjudication," 8 Hofstra Law Review 487 (1980). [CU]

    "Joint and Multiple Tortfeasors: An Economic Analysis," 9 Journal of Legal Studies 517 (1980) (with William M. Landes). [CU]

    "Social Investing and the Law of Trusts," 79 Michigan Law Review 72 (1980) (with John H. Langbein). [CU]

    "Anthropology and Economics," 88 Journal of Political Economy 608 (1980). [CU]

    "Benefits and Costs of Airline Mergers: A Case Study," 11 Bell Journal of Economics 65 (1980) (with William M. Landes & Dennis W. Carlton). [CU]

    "The Homeric Version of the Minimal State," 90 Ethics 27 (1979). [CU]

    "Should Indirect Purchasers Have Standing to Sue under the Antitrust Laws? An Economic Analysis of the Rule of Illinois Brick," 46 University of Chicago Law Review 602 (1979) (with William M. Landes) (reprinted in 25 Journal of reprints for Antitrust and Economics 825 1995). [CU]

    "Adjudication as a Private Good," 8 Journal of Legal Studies 235 (1979) (with William M. Landes). [CU]

    "The Bakke Case and the Future of 'Affirmative Action'," 67 California Law Review 171 (1979). [CU]

    "Privacy, Secrecy, and Reputation," 28 Buffalo Law Review 1 (1979). [CU]

    "Utilitarianism, Economics, and Legal Theory," 8 Journal of Legal Studies 103 (1979). [CU]

    "Epstein's Tort Theory: A Critique," 8 Journal of Legal Studies 457 (1979). [CU]

    "Some Uses and Abuses of Economics in Law," 46 University of Chicago Law Review 281 (1979). [CU]

    "The Uncertain Protection of Privacy by the Supreme Court," 1979 Supreme Court Review 173 (1979). [CU]

    "Salvors, Finders, Good Samaritans, and Other Rescuers: An Economic Study of Law and Altruism," 7 Journal of Legal Studies 83 (1978) (with William M. Landes). [CU]

    "Information and Antitrust: Reflections on the Gypsum and Engineers Decisions," 67 Georgetown Law Journal 1187 (1978). [CU]

    "The Chicago School of Antitrust Analysis," 127 University of Pennsylvania Law Review 925 (1978). [CU]

    "The Economics of the Baby Shortage," 7 Journal of Legal Studies 323 (1978) (with Elisabeth M. Landes). [CU]

    "Antitrust Decisions of the Burger Court, The Fresh View from the High Court - A Review of the Supreme Court's Antitrust Philosophy," 47 Antitrust Law Journal 819 (1978). [CU]

    "Altruism in Law and Economics," 68 American Economic Review 417 (1978) (with William M. Landes). [CU]

    "Should We Tax Virgin Materials to Finance Waste Disposal?," 9 Waste Age 12 (1978) (with William M. Landes). [CU]

    "An Approach to the Regulation of Bank Holding Companies," 51 Journal of Business 379 (1978) (with Fischer Black & Merton H. Miller). [CU]

    "The Right of Privacy," 12 Georgia Law Review 393 (1977). [CU]

    "Gratuitous Promises in Economics and Law," 6 Journal of Legal Studies 411 (1977). [CU]

    "The Rule of Reason and the Economic Approach: Reflections on the Sylvania Decision," 45 University of Chicago Law Review 1 (1977). [CU]

    "Impossibility and Related Doctrines in Contract Law: An Economic Analysis," 6 Journal of Legal Studies 83 (1977) (with Andrew M. Rosenfield). [CU]

    "The Caseload of the Supreme Court: 1975 and 1976 Terms," 1977 Supreme Court Review 87 (1977) (with Gerhard Casper). [CU]

    "Market Funds and Trust-Investment Law: II," 1977 American Bar Foundation Research Journal 1 (1977) (with John H. Langbein). [CU]

    "Book Review (reviewing Bruce M. Owen, Economics and Freedom of Expression: Media Structure and the First Amendment (1975))," 86 Yale Law Journal 567 (1977). [CU]

    "Legal Precedent: A Theoretical and Empirical Analysis," 19 Journal of Law and Economics 249 (1976) (with William M. Landes). [CU]

    "Blackstone and Bentham 1776: The Revolution in Social Thought," 19 Journal of Law and Economics 569 (1976). [CU]

    "Market Funds and Efficient Markets: A Reply," 62 American Bar Association Journal 1616 (1976) (with John H. Langbein). [CU]

    "The Revolution in Trust Investment Law," 62 American Bar Association Journal 764 (1976) (with John H. Langbein). [CU]

    "Market Funds and Trust-Investment Law," 1976 American Bar Foundation Research Journal 1 (1976) (with John H. Langbein). [CU]

    "The Revolution in Trust Investment Law," 62 American Bar Association Journal 887 (1976) (with John H. Langbein). [CU]

    "The Independent Judiciary in an Interest-Group Perspective," 18 Journal of Law and Economics 875 (1975) (with William M. Landes). [CU]

    "The Private Enforcement of Law," 4 Journal of Legal Studies 1 (1975) (with William M. Landes). [CU]

    "A Comment on No-Fault Insurance for All Accidents," 13 Osgoode Hall Law Journal 471 (1975). [CU]

    "Antitrust Policy and the Supreme Court: An Analysis of the Restricted Distribution, Horizontal Merger and Potential Competition Decisions," 75 Columbia Law Review 282 (1975). [CU]

    "The Rights of Creditors of Affiliated Corporations," 43 University of Chicago Law Review 499 (1975). [CU]

    "Oligopolistic Pricing Suits, the Sherman Act, and Economic Welfare: A Reply to Professor Markovits," 28 Stanford Law Review 903 (1975). [CU]

    "The Economic Approach to Law," 53 Texas Law Review 757 (1975). [CU]

    "The Supreme Court and Antitrust Policy: A New Direction?," 44 Antitrust Law Journal 141 (1975). [CU]

    "The Social Cost of Monopoly and Regulation," 83 Journal of Political Economy 807 (1975). [CU]

    "A Study of the Supreme Court's Caseload," 3 Journal of Legal Studies 339 (1974) (with Gerhard Casper). [CU]

    "Exclusionary Practices and the Antitrust Laws," 41 University of Chicago Law Review 506 (1974). [CU]

    "The DeFunis Case and the Constitutionality of Preferential Treatment of Racial Minorities," 1974 Supreme Court Review 1 (1974). [CU]

    "An Economic Analysis of Legal Rulemaking," 3 Journal of Legal Studies 257 (1974) (with Isaac Ehrlich). [CU]

    "Theories of Economic Regulation," 5 Bell Journal of Economics and Management Science 335 (1974). [CU]

    "Strict Liability: A Comment," 2 Journal of Legal Studies 205 (1973). [CU]

    "Economic Approach to Legal Procedure and Judicial Administration, An," 2 Journal of Legal Studies 399 (1973). [CU]

    "Natural Monopoly and Its Regulation 21 Stanford Law Review 592 (February 1969)," 5 Journal of Reprints for Antitrust Law and Economics 335 (1973). [CU]

    "Economic Justice and the Economist," 33 Public Interest 109 (1973). [CU]

    "A Theory of Negligence," 1 Journal of Legal Studies 29 (1972). [CU]

    "The Behavior of Administrative Agencies," 1 Journal of Legal Studies 305 (1972). [CU]

    "Volume One of the Journal of Legal Studies - An Afterword," 1 Journal of Legal Studies 437 (1972). [CU]

    "The Appropriate Scope of Regulation in the Cable Television Industry," 3 Bell Journal of Economics and Management Science 98 (1972). [CU]

    "Regulatory Aspects of National Health Insurance Plans," 39 University of Chicago Law Review 1 (1971). [CU]

    "Killing or Wounding to Protect a Property Interest," 14 Journal of Law and Economics 201 (1971). [CU]

    "Taxation by Regulation," 2 Bell Journal of Economic and Management Science 22 (1971). [CU]

    "Book Review (reviewing Alister Sutherland, The Monopolies Commission in Action (1969))," 44 Journal of Business 236 (1971). [CU]

    "Power in America (reviewing Morton Mintz & Jerry S. Cohen, America, Inc.: Who Owns and Operates the United States (1971))," 1971 Public Interest 114 (1971). [CU]

    "A Program for the Antitrust Division," 38 University of Chicago Law Review 500 (1970). [CU]

    "A Statistical Study of Antitrust Enforcement," 13 Journal of Law and Economics 365 (1970). [CU]

    "Antitrust Policy and the Consumer Movement," 15 Antitrust Bulletin 361 (1970). [CU]

    "Book Review (reviewing Guido Calabresi, The Cost of Accidents: A Legal and Economic Analysis (1970))," 37 University of Chicago Law Review 636 (1970). [CU]

    "A Dissenting View: Do We Really Need an FTC?," 3 Antitrust Law and Economics Review 65 (1969). [CU]

    "The Federal Trade Commission," 37 University of Chicago Law Review 47 (1969). [CU]

    "Natural Monopoly and Its Regulation: A Reply," 22 Stanford Law Review 540 (1969). [CU]

    "Conglomerate Mergers and Antitrust Policy: An Introduction," 44 St. John's Law Review 529 (1969). [CU]

    "Oligopoly and the Antitrust Laws: A Suggested Approach 21 Stanford Law Review 1592 (June 1969)," 1 Journal of Reprints for Antitrust Law and Economics 1065 (1969). [CU]

    "Natural Monopoly and Its Regulation," 21 Stanford Law Review 548 (1968). [CU]

    "Oligopoly and the Antitrust Laws: A Suggested Approach," 21 Stanford Law Review 1562 (1968). [CU]

Book Sections

    "Trademark Law: An Economic Perspective," in Trademark and Unfair Competition Law Volume 1: Themes and Theories, Graeme B. Dinwoodie & Mark D. Janis eds. (Edward Elgar, 2014) (with William M. Landes) (originally published as 30 J Law & Economics 265 1987). [CU]

    "Ronald H. Coase - In Memoriam," in Ronald H. Coase, (University of Chicago Law School, 2014).

    "Law and Commerce in The Merchant of Venice," in Shakespeare and the Law: A Conversation Among Disciplines and Professions, Martha Nussbaum, Bradin Cormack & Richard Strier eds. (University of Chicago Press, 2013). [CU]

    "The United States Has a Deficit Problem that Threatens Its Future," in Government Spending, Merino, Noel ed. (Greenhaven Press, 2013). [CU]

    "Shakespeare's Laws: A Justice, a Judge, a Philosopher, and an English Professor," in Shakespeare and the Law: A Conversation among Disciplines and Professions, Bradin Cormack, Martha Nussbaum & Richard Strier eds. (University of Chicago Press, 2013). [CU]

    "The Concept of Regulatory Capture: A Short, Inglorious History," in Preventing Regulatory Capture: Special Interest Influence and How to Limit It, Daniel Carpenter & David Moss eds. (Cambridge University Press, 2013). [CU]

    "Foreword," in Henry Friendly, Greatest Judge of His Era, Norman Dorsen ed. (Belknap, 2012). [CU]

    "Financial Regulatory Reform: The Politics of Denial," in The Economists’ Voice 2.0, Aaron S. Edlin & Joseph E. Stiglitz eds. (Columbia University Press, 2012). [CU]

    "Law and Economics," in Legal Intellectuals in Conversation: Reflections on the Construction of Contemporary American Legal Theory, James R. Hackney, Jr. ed. (NYU Press, 2012). [CU]

    "Regulation (Agencies) versus Litigation (Courts): An Analytic Framework," in Regulation versus Litigation: Perspectives from Law and Economics, Daniel P. Kessler ed. (University of Chicago Press, 2011). [CU]

    "Economic Perspectives on Obesity Policy," in The Oxford Handbook of the Social Science of Obesity, John Cawley ed. (Oxford University Press, 2011) (with Tomas J. Philipson). [CU]

    "On Being Overinvested in Law as a Weapon against Terrorism," in In the Balance: The Administration of Justice and National Security in Democracies, Christopher K. Penny ed. (2011). [CU]

    "Walras, Keynes, and the ‘Great Recession’," in General Equilibrum Analysis: A Century after Walras, Pascal Bridel ed. (Routledge, 2011). [CU]

    "Foreword," in The Quotable Judge Posner: Selections from Twenty-Five Years of Judicial Opinions, (State University of New York Press, 2010). [CU]

    "Afterword: The Causes of the Financial Crisis," in What Caused the Financial Crisis?, Jeffrey A. Friedman ed. (University of Pennsylvania Press, 2010). [CU]

    "Rorty on Law and Public Policy," in The Philosophy of Richard Rorty, Randall E. Auxier & Lewis Edwin Hahn eds. (2010). [CU]

    "Henry Hart's "Aims of the Criminal Law": A Reconsideration," in In the Name of Justice: Leading Experts Reexamine the Classic Article "The Aims of the Criminal Law", Timothy Lynch ed. (Cato Institute, 2009). [CU]

    "The Law and Economics Movement," in Law and Economics: A Reader, Alain Marciano ed. (Routledge, 2009). [CU]

    "The Economics of Capital Punishment," in The Economists' Voice: Top Economists Take on Today's Problems, J. Bradford DeLong, Aaron S. Edlin & Joseph E. Stiglitz eds. (Columbia University Press, 2008). [CU]

    "Public Policy Toward Catastrophes," in Global Catastrophic Risks, Nick Bostrom & Milan M. Cirkovic eds. (Oxford University Press, 2008). [CU]

    "Why Creative Capitalism Would Make Things Worse," in Creative Capitalism: A Conversation with Bill Gates, Warren Buffett, and Other Economic Leaders, Michael Kinsley ed. (Simon and Schuster, 2008). [CU]

    "Sex Selection - Posner's Comment," in Ultimate Blogs: Masterworks from the Wild Web, Sarah Boxer ed. (Vintage, 2008). [CU]

    "Cognitive Theory as the Ground of Political Theory in Plato, Popper, Dewey, and Hayek.," in Cognition and Economics, Roger R. Koppl, Carine Krecké & Elisabeth Krecké eds. (Koppl, 2007). [CU]

    "Thinking about Catastrophe," in Blindside: How to Anticipate Forcing Events and Wild Cards in Global Politics, Francis Fukuyama ed. (2007). [CU]

    "Foreword," in The Power to Legislate: A Reference Guide to the United States Constitution, (Praeger, 2006) (with Richard E. Levy). [CU]

    "The Reorganized US Intelligence System after One Year," in National Security Outlook (Special Edition), (American Enterprise Institute, 2006). [CU] [WWW]

    "Censorship Versus Freedom of Expression in the Arts," in Handbook of the Economics of Art and Culture, Victor A. Ginsburgh & David Throsby eds. (2006) (with Tun-Jen Chiang). [CU]

    "Community and Conscription," in Rethinking Commodification: Cases and Readings in Law and Culture, Martha C. Ertman & Joan C. Williams eds. (2005). [CU]

    "The Evolution of Economic Thinking about Legislation and Its Interpretation by Courts," in The Theory and Practice of Legislation: Essays in Legisprudence, Philippe Carly, Luc Thion & Melanie Wintgens eds. (2005). [CU]

    "Transaction Costs and Antitrust Concerns in the Licensing of Intellectual Property," in Direito Empresarial: Aspectos Atuais de Direito Empresarial Brasileiro e Comparado, Ecio Perin Junior, Daniel Kalansky & Luis Peyser eds. (2005). [CU]

    "The Law and Economics Movement: From Bentham to Becker," in The Origins of Law and Economics: Essays by the Founding Fathers, Francesco Parisi & Charles K. Rowley eds. (2005). [CU]

    "Foreword," in Competencia Económica: Aspectos Jurídicos y Económicos, by Francisco González de Cossio, Francisco González de Cossio ed. (2004). [CU]

    "Federalism and the Enforcement of Antitrust Laws by State Attorneys General," in Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy, Richard A. Epstein & Michael Greve eds. (2004). [CU]

    "Animal Rights: Legal, Philosophical, and Pragmatic Perspectives," in Animal Rights: Current Debates and New Directions, Martha Nussbaum & Cass R. Sunstein eds. (2004). [CU]

    "John Dewey and the Intersection of Democracy and Law," in Dewey, Pragmatism, and Economic Methodology, Elias L. Khalil ed. (2004). [CU]

    "Torture, Interrogation, and Terrorism," in Torture: A Collection, Sanford Levinson ed. (2004). [CU]

    "Legal Pragmatism," in The Range of Pragmatism and the Limits of Philosophy, Richard Shusterman ed. (2004). [CU]

    in The Greek Divorce Law Reform of 1983 and Its Impact on Homemakers: A Social and Economic Analysis, (Ant. N. Sakkoulas Publishers, 2003) (with Aspasia Tsaoussis-Hatzis). [CU]

    "On Liberty: A Revaluation," in On Liberty, David Bromwich & George Kateb eds. (2003). [CU]

    "The Truth About Our Liberties," in Rights vs. Public Safety after 9/11: American in the Age of Terrorism, Amitai Etzioni & Jason H. Marsh eds. (2003). [CU]

    "Bush v. Gore as Pragmatic Adjudication," in A Badly Flawed Election: Debating Bush v. Gore, the Supreme Court, and American Democracy, Ronald Dworkin ed. (2002). [CU]

    in Antitrust Law, (2001) (Korean translation). [CU]

    "Foreword," in Policy and Pragmatism in the Conflict of Laws, (Ashgate/Dartmouth, 2001) (with Michael J. Whincop & Mary Keyes). [CU]

    "The Speech Market and the Legacy of Schenck," in Eternally Vigilant: Free Speech in the Modern Era, Geoffrey R. Stone & Lee C. Bollinger eds. (University of Chicago Press, 2001). [CU]

    "Preface," in The Law and Economics of the Environment, Anthony Heyes ed. (2001). [CU]

    in Encyclopedia of Law and Economics, Vol. I: The History and Methodology of Law and Economics, Boudewijn Bouckaert & Gerrit De Geest eds. (2000). [CU]

    "Liberalismo e mercato," in La Libertà dei Moderni tra Liberalismo e Democrazia: Atti del Convegno di Società Milano 15-16-17 Ottobre 1999, (Societa libera, 2000). [CU]

    "Values and Consequences: An Introduction to Economic Analysis of Law," in Chicago Lectures in Law and Economics, Eric Posner ed. (Foundation Press, 2000). [CU]

    "Prólogo," in Derecho y Economía: Una Revisión de la Literatura, Andrés Roemer ed. (2000). [CU]

    "Foreword," in Encyclopedia of Law and Economics, Vol. I: The History and Methodology of Law and Economics. Boudewijn Bouckaert & Gerrit De Geest eds. (Edward Elgar, 2000). [CU]

    "Emotion versus Emotionalism in Law," in The Passions of Law, Susan A. Bandes ed. (New York University Press, 1999). [CU]

    "Cultural Studies and the Law," in The Cultural Study of Law: Reconstructing Legal Scholarship, Paul W. Kahn ed. (University of Chicago Press, 1999). [CU]

    "Corrective Justice," in The Philosophy of Law: An Encyclopedia. Christopher Berry Gray ed. (Garland Pub., 1999). [CU]

    "The Economics of the Baby Shortage," in Economic Analysis of Contract Law, Antitrust Law, and Safety Regulations, Jenny Bourne Wahl ed. (Taylor & Francis, 1998) (with Elisabeth M. Landes). [CU]

    "The Demand for Human Cloning," in Clones and Clones: Facts and Fantasies About Human Cloning, Martha Nussbaum & Cass R. Sunstein eds. (W. W. Norton, 1998) (with Eric Posner). [CU]

    "Impossibility and Related Doctrines in Contract Law: An Economic Analysis," in Economic Analysis of Contract law, Antitrust law, and Safety Regulations, Jenny Bourne Wahl ed. (Taylor & Francis, 1998) (with Andrew M. Rosenfield). [CU]

    "Legal Precedent: A Theoretical and Empirical Analysis," in Scientific Models of Legal Reasoning: Economics, Artifical Intelligence, and the Physical Sciences, Scott Brewer ed. (Garland Publications, 1998) (with William M. Landes). [CU]

    "Max Weber," in 3 The New Palgrave Dictionary of Economics and the Law. Peter Newman ed. (Grove Dictionaries, 1998). [CU]

    "Oliver Wendell Holmes, Jr.," in 3 The New Palgrave Dictionary of Economics and the Law. Peter Newman ed. (Grove Dictionaries, 1998). [CU]

    "Privacy," in 3 The New Palgrave Dictionary of Economics and the Law. Peter Newman ed. (Grove Dictionaries, 1998). [CU]

    "The Economic Approach to Homosexuality," in Sex, Preference, and Family: Essays on Law and Nature, Martha Nussbaum & David M. Estlund eds. (Oxford University Press, 1997). [CU]

    "Euthanasia and Health Care: Two Essays on the Policy Dilemmas of Aging and Old Age," in The Tanner Lectures on Human Values, Grethe B. Peterson ed. (1996). [CU]

    in Corporate Bankruptcy: Economic and Legal Perspectives, Barry E. Adler, Jagdeep S. Bhandari & Lawrence A. Weiss eds. (Cambridge University Press, 1996). [CU]

    "Wealth Maximization and Tort Law: A Philosophical Inquiry," in Philosophical Foundations of Tort Law, David Owens ed. (Clarendon Press, 1996). [CU]

    "Response to Martha Nussbaum, 'Platonic Love and Colorado Law: The Relevance of Ancient Greek Norms to Modern Sexual Controversies'," in The Greeks and Us: Essays in Honor of Arthur W.H. Adkins, Robert B. Louden & Paul Schollmeier eds. (1996). [CU]

    "Inégalités économique et stabilité politique.," in Les Rencontres Philosophiques de l'UNESCO: Qui Sommes-Nous?, Ayyam Sureau ed. (1996). [CU]

    "The Economics of Legal Disputes over the Ownership of Works of Art and Other Collectibles," in Essays in the Economics of the Arts, Victor A. Ginsburgh & Pierre-Michel Menger eds. (Elsevier Science, 1996) (with William M. Landes). [CU]

    "Foreword," in Corporate Bankruptcy: Economic and Legal Perspectives, Barry E. Adler, Jagdeep S. Bhandari & Lawrence A. Weiss eds. (Cambridge University Press, 1996). [CU]

    in Liberty, Equality, Fraternity, James Fitzjames Stephen ed. (University of Chicago Press, 1992). [CU]

    "The Separation of Powers," in Politics and the Constitution: The Nature and Extent of Interpretation, Judith A. Baer ed. (National Legal Center for the Public Interest and American Studies Center, 1990). [CU]

    "Law and Literature," in The Guide to American Law Supplement 1990, (1989). [CU]

    "Foreword," in Essays in Law and Economics: Corporations, Accident Prevention and Compensation for Losses, Michael Faure, Richard A. Posner & Roger van den Bergh eds. (Maklu, 1989). [CU]

    "The Economic Theory of Crime," in Criminal Justice, John William Chapman & J. Roland Pennock eds. (New York University Press, 1985). [CU]

    "Comment on On the Economic Theory of Crime," in Criminal Justice, John William Chapman & J. Roland Pennock eds. (New York University Press, 1985). [CU]

    "Divestiture, Deconcentration, and Antitrust Policy.," in Europaischem und Amerikanischem Kartellrecht, (FIW-Schriftenreihe Heft, 1981). [CU]

    "The Federal Trade Commission's Mandated-Disclosure Program: A Critical Analysis," in Business Disclosure: Government's Need to Know, Harvey J. Goldschmid ed. (McGraw Hill, 1979). [CU]

    "The Prudent Investor's Powers and Obligations in an Age of Market (Index) Funds," in Evolving Concepts of Prudence: The Changing Responsibilities of the Investment Fiduciary in the Age of ERISA, Robert W. Murphy ed. (The Financial Analysts Research Foundation, 1976). [CU]

    "Power in America: The Role of the Large Corporation," in Large Corporations in a Changing Society, J. Fred Weston ed. (New York University Press, 1975). [CU]

    "Certificates of Need for Health Care Facilities: A Dissenting View," in Regulating Health Facilities Construction: Proceedings, Clark C. Havighurst ed. (American Enterprise Institute for Public Policy Research, 1974). [CU]

    "The Probable Effects of Pay Cable Television on Culture and the Arts," in The Electronic Box Office: Humanities and Arts on the Cable, Richard Adler & Walter S. Baer eds. (Praeger, 1974). [CU]

    "Truth in Advertising: The Role of Government," in Advertising and Society, Yale Brozen ed. (New York University Press, 1974). [CU]

    "Problems of a Policy of Deconcentration," in Industrial Concentration: The New Learning, Harvey J. Goldschmid, H. Michael Mann & J. Fred Weston eds. (Little Brown, 1974). [CU]

Other Publications

    "Book Review (reviewing Robert A. Ferguson, Inferno: An Anatomy of American Punishment (2014))," New Republic, 2014.

    "Academe and the Judiciary at Odds," Chronicle of Higher Education, September 2013.

    "How Gay Marriage Became Legitimate (reviewing Michael J. Klarman, From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage (2012) & Jason Pierceson, Same-Sex Marriage in the United States: The Road to the Supreme Court (2013))," New Republic, July 2013, at p.40.

    "Supreme Court 2013: The Year in Review," Slate, June 28, 2013. [WWW]

    "Privacy Is Overrated," New York Daily News, April 29, 2013.

    "Why There Are Too Many Patents in America," Atlantic, July 2012. [WWW]

    "Chief Justice Roberts Did the Right Thing—But It’s Still a Bad Law," Slate, June 30, 2012. [WWW]

    "Scalia's Opinion Seems Fit for Television:  Justice's Argument for Arizona's Law Is Permeated with Politicism," Herald and News, June 30, 2012.

    "Justice Scalia Is Upset about Illegal Immigration. But Where Is His Evidence?," Slate, June 29, 2012. [WWW]

    "Why the Commerce Clause Was Clearly Enough to Uphold the Affordable Care Act," Slate, June 29, 2012. [WWW]

    "Justices Should Use More Than Their Gut and ‘Brain Science’ to Decide a Case," Slate, June 27, 2012. [WWW]

    "WikiLeaks and the First Amendment," Bulletin of American Academy of Arts and Sciences, Spring 2012.

    "Book Review (reviewing William J. Stuntz, Incarceration Blues: The Collapse of American Criminal Justice (1911))," New Republic, November 2011, at p.36.

    "Let’s Be Honest: We’re in a Depression, Not a Recession, and There’s No End in Sight," New Republic Online, August 24, 2011. [WWW]

    "The Court of Celebrity (reviewing Richard Davis,Justices and Journalists: The U.S. Supreme Court and the Media (2011))," New Republic, May 2011, at p.23.

    "The Future of Law and Economics," University of Chicago Law School Record, Fall 2011.

    "Comment on Merrill on the Law of Waste," Marquette Lawyer, Summer 2011.

    "Wikileaks and the Art of Shutting Up: Our Classification System Is Terrible— But Our Gossipy Diplomats Might Be Worse," New Republic Online, December 4, 2010. [WWW]

    "Thrifty’s Not So Nifty: The Economic Principle That Explains Why We Need Another Stimulus," New Republic Online, September 23, 2010. [WWW]

    "Just Friends (reviewing David Kirkpatrick, The Facebook Effect: The Inside Story of the Company That Is Connecting the World (2010))," New Republic, August 2010, at p.27.

    "Fat New World: Technology Spawned the Obesity Plague It Can Also Provide a Cure," Wall Street Journal, July 1, 2010, at p. A11 (with Tomas J. Philipson).

    "'Top Secret America' - A Bust," New Republic Online, July 30, 2010. [WWW]

    "Letters," Newsday, July 12, 2010, at p. A35.

    "Financial Overhaul Is Politics in Worst Sense," Tulsa World, July 7, 2010, at p. A9.

    "Spills, Crashes and Asteroids: Never Say Never," Washington Post, June 8, 2010.

    "If It Seems Unthinkable, Plan for It," Washington Post, June 7, 2010, at p. B01.

    "From the Oil Spill to the Financial Crisis, Why We Don’t Plan for the Worst," Washington Post, June 7, 2010. [WWW]

    "What Our Intelligence Agencies Could Learn from Silicon Valley," Wall Street Journal, May 29, 2010, at p. 17.

    "1937, 2010 (reviewing Jeff Shesol, Supreme Power: Franklin vs. The Supreme Court: Supreme Power: Franklin Roosevelt vs. the Supreme Court (2010))," New Republic, March 2010, at p.36.

    "In Volcker We Trust: Smart Limitations on the Activities of Banks are Good for the Financial System. But 'Smart' is Not Likely to Emerge from the Congressional Mire," American Lawyer, March 2010.

    "Blame Economists, not Bankers, for the Economy's Woes," Press of Atlantic City, January 9, 2010.

    "Economists Place Blame for Own Failures on Banks," Atlanta Journal and Constitution, January 7, 2010, at p. 13.

    "Remarks on Appellate Advocacy," Circuit Rider, November 2009.

    "How I Became a Keynesian," New Republic, September 2009.

    "Simplified Language is a Good Idea," Wall Street Journal (Abstracts), August 5, 2009.

    "Treating Financial Consumers as Consenting Adults," Wall Street Journal, July 24, 2009, at p. A15.

    "Our Crisis of Regulation," New York Times, June 26, 2009, at p. A21.

    "Capitalism in Crisis," Wall Street Journal, May 8, 2009, at p. A17.

    "Why the Economic Crisis Was Not Anticipated," Chronicle of Higher Education, April 18, 2009, at p. B8.

    "Shorting Reason (reviewing George A. Akerlof & Robert J. Shiller, Animal Spirits: How Human Psychology Drives the Economy, and Why It Matters for Global Capitalism (2009))," New Republic, April 2009, at p.30.

    "The Transformation of the Legal Profession," University of Chicago Law School Record, Fall 2009.

    "Modesty and Power (reviewing Philip Hamburger, Law and Judicial Duty (2008))," New Republic, December 2008, at p.38.

    "In Defense of Looseness: The Supreme Court and Gun Control," New Republic, August 2008.

    "Convictions (reviewing James Q. Whitman, The Origins of Reasonable Doubt: Theological Roots of the Criminal Trial (2008))," New Republic, February 2008, at p.31.

    "Enlightened Despot (reviewing Aharon Barak, The Judge in a Democracy (2006))," New Republic, April 2007, at p.53.

    "Time to Rethink the FBI," Wall Street Journal, March 20, 2007, at p. A13.

    "In Defense of Plagiarism: No Harm, No Foul Is What the Law Ought to Be," Forbes, January 2007.

    "How to Make the Poor Poorer," Wall Street Journal, January 27, 2007, at p. A22 (with Gary S. Becker).

    "'How to Skip the Constitution'- An Exchange," New York Review of Books, January 2007 (with David Cole).

    "The Constitution vs Counterterrorism," Wall Street Journal, August 23, 2006, at p. A12.

    "We Need Our Own MI5," Washington Post, August 16, 2006, at p. A13.

    "The Lessons of Toronto and Domestic Intelligence," Chicago Tribune, June 9, 2006, at p. C21.

    "The Courthouse Mice (reviewing Todd C. Peppers, Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk (2006) and Artemus Ward & David L. Weid, Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court (2006))," New Republic, June 2006, at p.32.

    "Our Intelligence Quotient," Wall Street Journal, May 16, 2006, at p. A14.

    "How I Work," Fortune, March 2006.

    "A New Surveillance Act: A Better Way to Find the Needle in the Haystack," Wall Street Journal, February 16, 2006, at p. A16.

    "Wire Trap: What If Wiretapping Works?," New Republic, February 2006.

    "Our Domestic Intelligence Crisis," Washington Post, December 22, 2005, at p. A31.

    "Our Incompetent Government," New Republic, November 2005.

    "Danger in 'Fixing' CIA.," Los Angeles Times, May 25, 2005, at p. B13.

    "Intelligence Critique Fatigue," Washington Post, April 7, 2005, at p. A19.

    "Surprise Attack: The Lessons of History," Commentary, April 2005.

    "Important Job, Impossible Position: Why No One Wants to Be Director of National Intelligence," New York Times, February 9, 2005, at p. A27.

    "Blinkered (reviewing Malcolm Gladwell, Blink: The Power of Thinking without Thinking (2004)," New Republic, January 2005, at p.27.

    "The Probability of Catastrophe," Wall Street Journal, January 5, 2005, at p. A12.

    "What's Wrong with the Patriot Act?," Legal Affairs, 2005 (Debate with Geoffrey R. Stone). [WWW]

    "Against the Law Reviews," Legal Affairs, November November/December 2004.

    "CSI (reviewing Leslie S. Klinger, ed., Baker Street: The New Annotated Sherlock Holmes (2004))," New Republic, October 2004, at p.47.

    "Eldred and Fair Use," Economists' Voice, September 2004. [WWW]

    "The 9/11 Report: A Dissent (reviewing Final Report of the National Commission on Terrorist Attacks upon the United States (2004))," New York Times Book Review, August 30, 2004, at p.1.

    "Lessig Blog," August 24, 2004 (Guest Blogger from August 23-29). [WWW]

    "The People's Court (reviewing Larry D. Kramer, The People Themselves: Popular Constitutionalism and Judicial Review (2004))," New Republic, July 2004, at p.32.

    "No Thanks, We Already Have Our Own Laws: The Court Should Never View a Foreign Legal Decision as a Precedent in Any Way," Legal Affairs, July July/August 2004.

    "Misjudged," New Republic, May 2004.

    "Richard Posner Replies [to Evan Gerstmann]," New Republic, February 2004.

    "Leiter Reports," 2004 (Guest Blogger). [WWW]

    "Smooth Sailing," Legal Affairs, January January/February 2004.

    "Wedding Bell Blues (reviewing Evan Gerstman, Same-Sex Marriage and the Constitution (2004))," New Republic, December 2003, at p.33.

    "The End is Near (reviewing Margaret Atwood, Oryx and Crake: A Novel (2003))," New Republic, September 2003, at p.31.

    "Richard A. Posner Replies [to William A. Galston]," New Republic, July 2003.

    "An Army of the Willing: Why Conscription Does Not Serve Community," New Republic, May 2003.

    "The Anti-Hero (reviewing Bruce Allen Murphy, Wild Bill: The Legend and Life of William O. Douglas (2003))," New Republic, February 2003, at p.27.

    "Book Review (reviewing Daniel A. Farber, Lincoln's Constitution (2003))," Chicago Daily Law Bulletin, 2003.

    "The Oligarch (reviewing Daniel Kelly, James Burnham and the Struggle for the World: A Life (2002))," New Repulic, December 2002, at p.39.

    "Reflections on an America Transformed," New York Times, September 9, 2002, at p. 15.

    "The Best Offense (reviewing Alan M. Dershowitz, Why Terrorism Works (2002)," New Republic, September 2002, at p.28.

    "Capital Crimes (reviewing Stuart Banner, The Death Penalty: An American History (2002))," New Republic, April 2002, at p.32.

    "In Over Their Heads," Boston Globe, January 28, 2002, at p. 1.

    "Diary," Slate, January 15, 2002. [WWW]

    "On Plagiarism," Atlantic Monthly, 2002.

    "The Professors Profess," Atlantic Monthly, 2002.

    "Richard A. Posner Replies," Atlantic Monthly, 2002.

    "Strong Fiber After All," Atlantic Monthly, 2002.

    "The University as Business," Atlantic Monthly, 2002.

    "The Accidental Jurist (reviewing R. Kent Newmyer, John Marshall and the Heroic Age of the Supreme Court (2001))," New Republic, December 2001, at p.36.

    "Dialogue: The Supreme Court and the 2000 Election," Slate, July 3, 2001 (with Alan Dershowitz). [WWW]

    "Forum: The Triumph of Expedience: How America Lost the Election to the Courts," Harper's Magazine, May 2001 (Discussion with Pamela Karlan).

    "Security versus Civil Liberties," Atlantic Monthly, 2001.

    "The Law of the Beholder (reviewing Anthony G. Amsterdam & Jerome Bruner, Minding the Law (2000))," New Republic, October 2000, at p.49.

    "Let Them Talk (reviewing Peter Brooks, Troubling Confessions: Speaking Guilt in Law and Literature (2000))," New Republic, August 2000, at p.42.

    "An Affair of State: An Exchange," New York Review of Books, April 2000 (with Ronald Dworkin).

    "'An Affair of State': An Exchange," New York Review of Books, April 2000 (with Ronald Dworkin). [CU]

    "The Moral Minority (reviewing Gertrude Himmelfarb, One Nation, Two Cultures (1999))," New York Times Book Review, December 20, 1999, at p.14.

    "Let Employers Insist If Three Years of Law School Is Necessary," Los Angeles Daily Journal, December 16, 1999.

    "Ask, Tell (reviewing William N. Eskridge, Jr., Gaylaw: The Apartheid of the Closet (1999))," New Republic, October 1999, at p.52.

    "Appeal and Consent (reviewing Mark Tushnet, Taking the Constitution away from the Courts (1999))," New Republic, August 1999, at p.36.

    "In the Fraud Archives (reviewing Janet Malcolm, The Crime of Sheila McGough (1999))," New Republic, April 1999, at p.29.

    "Trials without Truth, Sentencing Without Justice (reviewing William T. Pizzi, Trials without Truth: Why Our System of Criminal Trials Has Become an Expensive Failure and What We Need to Do to Re-build It (1999))," Times Literary Supplement, February 1999, at p.9.

    "Fear of Judging: Sentencing Guidelines in the Federal Courts," Times Literary Supplement, February 1999.

    "This Magic Moment (reviewing Bruce A. Ackerman, We the People, vol. 2: Transformations (1998))," New Republic, April 1998, at p.32.

    "Optimism about AIDS Is Premature," Wall Street Journal, February 5, 1998, at p. A 22 (with Tomas J. Philipson).

    "Law School Should Be Two Years, Not Three," Harvard Law Record, January 1998.

    "Bad Faith (reviewing Duncan Kennedy, A Critique of Adjudication: Fin de Siècle (1997))," New Republic, June 1997, at p.34.

    "What Gets Better with Age?," Across the Board: The Conference Board Magazine, March 1997.

    "Book Review (reviewing Oliver Wendell Holmes, Holmes and Frankfurter: Their Correspondence, 1912-1934 (1996))," New York Times Book Review, December 16, 1996.

    "The Immoralist (reviewing Leo Katz, Ill-Gotten Gains: Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law (1996))," New Republic, July 1996, at p.38.

    "Law's Reason (reviewing Jürgen Habermas, Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy (1996))," New Republic, May 1996, at p.26.

    "Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy," New Republic, May 1996, at p.26.

    "Recht is de broze vernislaag van een booming industry: Interview met Richard A. Posner," Nederlands Juristenblad, December 16, 1995, at p. 1625 (J. F. Bruinsma and N. J. H. Huls, interviewers).

    "The Most Punitive Nation," Times Literary Supplement, September 1995.

    "Juries on Trial (reviewing Jeffrey Abramson, We, the Jury: The Jury System and the Ideal of Democracy (1994) and Stephen J. Adler, The Jury: Trial and Error in the American Courtroom (1994))," Commentary, March 1995, at p.49.

    "The Judging Game (reviewing Stanley Fish, There's No Such Thing as Free Speech and It's a Good Thing Too (1994))," Times Literary Supplement, July 1994, at p.14.

    "The Economic Approach to AIDS," Issues in Science and Technology, Spring 1994 (with Tomas J. Philipson & John H. Wright).

    "Courting Evil (reviewing Ingo Müller, Hitler's Justice: The Courts of the Third Reich (1991)," New Republic, June 1991, at p.36.

    "Us v. Them (reviewing Martha Minow, Making All the Difference: Inclusion, Exclusion, and American Law (1990))," New Republic, October 1990, at p.47.

    "100 Years of Antitrust," Wall Street Journal, June 30, 1990, at p. A10.

    "Book Review (reviewing Sheldon M. Novick, Honorable Justice: The Life of Oliver Wendell Holmes (1989))," Wall Street Journal, August 10, 1989, at p.A9.

    "A Manifesto for Legal Renegades," Wall Street Journal, January 28, 1988, at p. 17.

    "A Guide to Critical Legal Studies," Wall Street Journal, January 28, 1988, at p. 17.

    "Interpreting Law; Interpreting Literature (II)," Raritan: A Quarterly Review, 1988.

    "Law and Literature," University of Chicago Law School Record, Fall 1988.

    "Interpreting Law, Interpreting Literature," Raritan: A Quarterly Review, Spring 1988.

    "Die Deregulierungsbewegung in den USA," Neue Zurcher Zeitung, December 23, 1987, at p. 31.

    "What Am I? A Potted Plant," New Republic, September 1987.

    "New Light on Punitive Damages," Regulation, 1986 (with William M. Landes). [WWW]

    "An Economic Theory of Privacy," Regulation, May May/June 1978.

    "Reflections on Consumerism," University of Chicago Law School Record, Spring 1973.

    "Some Thoughts on Legal Education," University of Chicago Law School Record, Winter 1972.

    Market Transfers of Water Rights: Toward an Improved Market in Water Resources, ( National Water Commission, 1972) (with Charles J. Meyers). [CU]

    "Royal Bavarian," Modern Age, 1970.