University of Pennsylvania Law Review - 1996
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The Song of Deborah: a legal-economic analysis.
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Merchant law in a merchant court: rethinking the Code's search for immanent business norms.
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Shareholder franchise - no compromise: why the Delaware courts must proscribe all managerial interference with corporate voting.
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Decentralized law for a complex economy: the structural approach to adjudicating the new law merchant.
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Pruning the political thicket: the case for strict scrutiny of state ballot access restrictions.
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The economics of the law of criminal attempts: a victim-centered perspective.
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Restoring religious freedom to the workplace: Title VII, RFRA and religious accommodation.
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Litigation for sale.
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Illusions of a spontaneous order: "norms" in contractual relationships.
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Bad beginnings.
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Counsels, councils and lunch: preventing abuse of the power to appoint independent counsels.
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The Statute of Frauds and business norms: a testable game-theoretic model.
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Taking private ordering seriously.
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On the expressive function of law.
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Protective orders, property interests and prior restraints: can the courts prevent media nonparties from publishing court-protected discovery materials?
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Labor and lemons: efficient norms in the internal labor market and the possible failures of individual contracting.
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From "publish or perish" to "profit or perish": revenues from university technology transfer and the s. 501(c)(3) tax exemption.
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Social meaning and social norms.
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The case against postmodern censorship theory.
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Fraud in the new-issues market: empirical evidence on securities class actions.
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Voting without law?
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Products liability through private ordering: notes on a Japanese experiment.
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The paradox of power in the modern state: why a unitary, centralized presidency may not exhibit effective or legitimate leadership.
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The destruction of social capital through law.
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The condom controversy in the public schools: respecting a minor's right of privacy.
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Norms of communication and commodification.
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The enforceability of norms and the employment relationship.
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Group norms, gossip, and blackmail.
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Freedom of speech, permissible tailoring and transcending strict scrutiny.
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Rediscovering Blackstone.
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Challenges for the mentally ill: the "threat to safety" defense standard and the use of psychotropic medication under Title I of the Americans with Disabilities Act of 1990.
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The right to counsel and collateral sentence enhancement: in search of a rationale.
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Magic on the frontier: the norm of efficiency.
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Replacing hostile takeovers.
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Rounding the peg to fit the hole: a proposed regulatory reform of the misappropriation theory.
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Making parents pay: interstate child support enforcement after United States v. Lopez.
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Role models and the politics of recognition.
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Norms, formalities, and the Statute of Frauds: a comment.
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Federalism and interstate environmental externalities.
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The anonymity tool.
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Law, economics, and inefficient norms.
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Federal common law: a structural reinterpretation.
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Values versus interests in the explanation of social conflict.
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The rise of private militia: a First and Second Amendment analysis of the right to organize and the right to train.
