Michigan Law Review - 1993
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The Constitution in Conflict.
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Plus ca change.
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The deprofessionalization of legal teaching and scholarship.
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The ethics of criminal defense.
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The Color-Blind Constitution.
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Elenora V. Eckert.
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Enforcement of TSCA and the federal five-year statute of limitations for penalty actions.
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Law teachers' writing.
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Antitrust in a World of Interrelated Economies: The Interplay Between Antitrust and Trade Policies in the US and the EEC.
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A Question of Choice.
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The Word and the Law.
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Judge Edwards' indictment of 'impractical' scholars: the need for a bill of particulars.
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Race and redistricting: drawing constitutional lines after Shaw v. Reno.
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Reinventing Government: How the Entrepreneurial Spirit Is Transforming the Public Sector.
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The Constitution, the legislature, and unfair surprise: toward a reliance-based approach to the Contract Clause.
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The growth of interdisciplinary research and the industrial structure of the production of legal ideas: a reply to Judge Edwards.
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Toward a liberal application of the 'Close of All the Evidence' requirement of Rule 50(b) of the Federal Rules of Civil Procedure: embracing fairness over formalism.
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The growing disjunction between legal education and the legal profession: a postscript.
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Reply: further reflections on libertarian criminal defense.
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Stewardship.
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The Great Thirst: Californians and Water, 1770s-1990s.
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Fraudulent concealment, self-concealing conspiracies, and the Clayton Act.
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Of citizen suits and citizen Sunstein.
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The Dispossessed: America's Underclasses from the Civil War to the Present.
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Civil Society and Political Theory.
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Capital Punishment in America.
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Understanding mixed motives claims under the Civil Rights Act of 1991: an analysis of intentional discrimination claims based on sex-stereotyped interview questions.
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'Was blind, but now I see': White race consciousness and the requirement of discriminatory intent.
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Ugly: an inquiry into the problem of racial gerrymandering under the Voting Rights Act.
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Human Morality.
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Banking Law and Regulation.
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Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius.
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Hoffa.
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Free Speech for Me, but Not for Thee: How the American Left and Right Relentlessly Censor Each Other.
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Sex and Reason.
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The fantastic Wisconsylvania zero-bureaucratic-cost school of bankruptcy theory: a comment.
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The disjunction between Judge Edwards and Professor Priest.
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Apple of Gold: Constitutionalism in Israel and the United States.
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Letter to Judge Harry Edwards.
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The Transformation of American Law: 1870-1960, The Crisis of Legal Orthodoxy.
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Harry Edwards' nostalgia.
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Cases and Materials on Law and Economics.
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The Intelligible Constitution: The Supreme Court's Obligation to Maintain the Constitution as Something We the People Can Understand.
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Virgin or Vamp: How the Press Covers Sex Crimes.
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The Green Cathedral: Sustainable Development of Amazonia.
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Nature Incorporated: Industrialization and the Waters of New England.
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Conflict of constitutions? No thanks: a response to professors Brilmayer and Kreimer.
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The mind in the major American law school.
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Turning Right: The Making of the Rehnquist Supreme Court.
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Three mistakes about interpretation.
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The End of History and the Last Man.
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Lawyers, scholars, and the 'middle ground.' (response to Harry T. Edwards, Michigan Law Review, vol. 91, p. 34, 1992) (Symposium: Legal Education)
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Clerks in the maze.
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"Beyond Reasonable Doubt" and "Probable Cause": Historical Perspectives on the Anglo-American Law of Evidence.
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Two Nations: Black and White, Separate, Hostile, Unequal.
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A response from the visitor from another planet.
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Are criminal defenders different?
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An intent-based approach to the acceptance of benefits doctrine in the federal courts.
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John Marshall Harlan: Great Dissenter of the Warren Court.
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The Brothel Boy and Other Parables of the Law.
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Deciding to Decide: Agenda Setting in the United States Supreme Court.
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Authority Without Power: Law and the Japanese Paradox.
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Interstate preemption: the right to travel, the right to life, and the right to die.
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Commentary on Judge Edwards' 'growing disjunction between legal education and the legal profession.' (response to Harry T. Edwards, Michigan Law Review, vol. 91, p. 34, 1992) (Symposium: Legal Education)
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Loyalty: An Essay on the Morality of Relationships.
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Faces at the Bottom of the Well: The Permanence of Racism.
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Constitutional Interpretation.
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Saving the self?
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Make No Law: The Sullivan Case and the First Amendment.
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Removal and the Eleventh Amendment: the case for district court remand discretion to avoid a bifurcated suit.
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Equality and Partiality.
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Rethinking the Progressive Agenda: The Reform of the American Regulatory State.
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Analysis of Evidence: How to Do Things with Facts Based on Wigmore's Science of Judicial Proof.
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Article II revisionism.
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Expressive harms, 'bizarre districts,' and voting rights: evaluating election-district appearances after Shaw v. Reno.
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Pro bono legal work: for the good of not only the public, but also the lawyer and the legal profession.
