Television and the Public Interest, California Law Review (forthcoming 2000)
Do People Want Optimal Deterrence?, J. Legal Stud. (forthcoming 2000) (with David Schkade and Daniel Kahneman)
Agreements Without Theory, in Democracy and Difference (Stephen Macedo ed., 1999)
Should Sex Equality Law Apply to Religious Institutions?, i Is Multiculturalism Bad for Women? (Joshua Cohen and Martha Nussbaum, eds. 1999)
Are Juries More Erratic Than Individuals?, Columbia Law Review (forthcoming 2000) (with David Schakde and Daniel Kahneman)
Nondelegation Canons, University of Chicago Law Review (forthcoming 2000)
Cognition and Cost-Benefit Analysis, J. Legal Stud. (forthcoming 2000)
Is the Clean Air Act Unconstitutional?, Michigan Law Review (forthcoming 1999)
An Incompletely Theorized Conviction, Harvard Law Review (forthcoming 1999)
Availability Cascades and Risk Regulation, Stanford Law Review (1999) (with Timur Kuran), also forthcoming in Behavioral Law and Economics (Cambridge University Press 2000)
Must Formalism Be Defended Empirically?, University of Chicago Law Review (1999)
Second-Order Decisions, Ethics (forthcoming 1999) (with Edna Ullmann-Margalit), also forthcoming in Behavioral Law and Economics (Cambridge University Press 2000)
Impeaching the President, University of Pennsylvania Law Review (1999)
Informational Standing, University of Pennsylvania Law Review (1999)
From Impeachment to Reform, Florida Law Review (1999)
Assessing Punitive Damages (With Notes on Cognition and Valuation in Law), Yale Law Journal (1998) (with Daniel Kahneman and David Schkade) (also forthcoming in revised form in Behavioral Law and Economics, Cambridge University Press, 2000
A Behavioral Approach to Law and Economics, Stanford Law Review (1998) (with Christine Jolls and Richard Thaler), also in Behavioral Law and Economics (forthcoming 2000)
Controlling Public Power in the United States, in Administrative Justice in Southern Africa (H. Corder and T. Maluwa eds. 1997)
Shared Outrage and Erratic Awards: The Psychology of Punitive Damages, J. of Risk and Uncertainty (1998) (with Daniel Kahneman and David Schkade)
Is Tobacco A Drug?, Duke Law Journal (1998)
Bad Incentives and Bad Institutions, Georgetown Law Journal (1998)
A Note on Voluntary and Involuntary Risks, Duke Environmental Law Journal (1998)
Practical Reason and Incompletely Theorized Agreements, forthcoming in Reasoning Practically (Edna Ullmann-Margalit ed., Oxford University Press, 1998)
Health-Health Tradeoffs, forthcoming in Deliberative Democracy (Jon Elster ed., Cambridge University Press, 1998)
Behavioral Analysis of Law, U. Chicago Law Review (1997)
Leaving Things Undecided, Foreword: Harvard Law Review (1996)
Bad Deaths, Journal of Risk and Uncertainty (1997)
Incommensurability in Law, in Incommensurability: Philosophy, Law, Policy (Harvard University Press, Ruth Chang ed., forthcoming 1998)
Selective Fatalism, Journal of Legal Studies (forthcoming 1998)
From Theory to Practice, Arizona State Law Journal (1997)
Social Norms and Social Roles, Columbia Law Review (1996)
The Expressive Function of Law, University of Pennsylvania
Law Review (1996)
Academic Freedom and the Law: Liberalism, Speech Codes, and Related Problems,
in The Future of Academic Freedom (L. Menand ed. 1996)
What the Civil Rights Movement Was and Wasn't, in Reassessing the 1960s (S. Macedo ed. 1996)
Which Risks First?, in University of Chicago Legal Forum (1997)
The Right to Die, Yale Law Journal (1997)
The Cost-Benefit State, in Rethinking Regulation (Robert Hahn ed., forthcoming 1997, Cambridge University Press)
Against Tradition, in The Communitarian Challenge to Liberalism (E. Paul ed. 1996); also published in Social Philosophy and Policy (1996)
Health-Health Tradeoffs, University of Chicago Law Review (1996)
Political Deliberation and the Supreme Court, California Law Review (forthcoming 1996)
Congress, Constitutional Moments, and the Cost-Benefit State, Stanford Law Review (1995)
Incompletely Theorized Agreements, Harvard Law Review (1995)
Political Conflicts and Legal Agreements, 1996 The Tanner Lectures in Human Values (1996)
The First Amendment in Cyberspace, Yale Law Journal (1995)
Problems With Rules, California Law Review (1995)
The Idea of A Useable Past, Columbia Law Review (1995)
Rights and Their Critics, Notre Dame Law Review (1995)
Reinventing the Regulatory State, 62 University of Chicago Law Review 1 (1995) (with Richard Pildes)
Well-Being and the State, 107 Harvard Law Review (1994)
The Anticaste Principle, Michigan Law Review (1994)
Conflicting Values in Law, Fordham Law Review (1994)
Homosexuality and the Constitution, Indiana Law Journal (1994)
The Politics of Constitutional Amendment in Eastern Europe (with Stephen Holmes), in Constitutional Amendment (S. Levinson ed., Princeton University Press)
Economic Incentives, Environmental Law, and Democracy, Ecology Law Quarterly (1994)
Standing Injuries, 1994 Supreme Court Review
Liberal Constitutionalism and Liberal Justice, Texas Law Review (1994)
Incommensurability and Valuation in Law, Michigan Law Review (1994)
Gender, Caste, Law, in Human Capabilities (J. Glover & M. Nussbaum eds. Cambridge University Press, 1996)
The President and the Administration, 94 Columbia Law Review (1994)
Article III Revisionism, 92 Michigan Law Review (1993)
Academic Freedom and Law: Liberalism, Speech Codes, and Related Problems, Academe (1993), and forthcoming in Academic Freedom (Louis Menand ed. 1994)
Information, Please, Eastern European Constitutional Review (1993)
The Enduring Legacy of Republicanism, in A New Constitionalism (K. Soltan & S. Elkin eds., University of Chicago Press 1993)
On Legal Theory and Legal Practice, NOMOS: Theory and Practice (forthcoming 1995)
Endogenous Preferences, Environmental Law, J. Legal Studies (1993)
Environmental Economics, The American Prospect (1993)
Words, Conduct, Caste, University of Chicago Law Review (1993)
In Defense of Liberal Education, J. Legal Educ. (1993)
On Analogical Reasoning, 106 Harvard Law Review (1993)
Truisms and Constitutional Duties: A Reply, Texas Law Review (1993) (with David A. Strauss)
Presidential Power and the Council on Competitiveness, Am. Univ. J. of Ad. Law (1993)
On Finding Facts, in Questions of Evidence (James Chandler, Arnold Davidson, and Harry Harootunian eds, forthcoming 1994)
What's Standing After Lujan? Of Citizen Suits, Injuries, and Article III, Michigan Law Review (1992)
Federalism in South Africa? Lessons From the American Experience, American University J. of International Law (1993) and in From Apartheid to Democracy (N. Kittrie, ed., 1994)
Democracy and Shifting Preferences, in The Idea of Democracy
(Cambridge University Press, 1993, edited by David Copp, Jean Hampton, and
John Roemer)
Half-Truths of the First Amendment, Univ. Chi. Legal Forum (1993)
Against Interest-Group Theory: A Comment, Journal of Law & Economics (1993)
Informing America, Fla. State L.J. (1993)
On Marshall's Conception of Equality, 44 Stanford L. Rev. 1267 (1992)
The Negative Constitution: Transition in Latin America, University of Miami Law Review (forthcoming 1993), reprinted in Transition to Democracy in Latin America: The Role of the Judiciary (I. Stotzky ed. 1993)
Public Choice, Endogenous Preferences, International Review of Law and Economics (1992)
The Senate, the Constitution, and the Confirmation Process,
103 Yale L. J. (1992) (with David A. Strauss)
Economics and the Environment: Trading Debt and Technology for Nature, 14
Colum. J. Env. L. (1992) (with Catherine O'Neill), epublished in 24 Land
Use and Environment Law Review (1993) as one of best articles on environmental
and land use law in 1992
On Property and Constitutionalism, Cardozo L. Rev. (1992)
Free Speech Now, 59 Univ. Chicago L. Rev. (1992)
Neutrality in Constitutional Law (with special reference to pornography, abortion, and surrogacy), 92 Columbia L. Rev. (1992)
Constitutionalism, Prosperity, Democracy: Transition in Eastern Europe, Constitutional Political Economy (1991)
Democratizing America Through Law, 20 Suffolk L. Rev. (1991)
Constitutionalism and Secession, 58 University of Chicago Law Review 633 (1991)
Ideas, Yes; Assaults, No, The American Prospect (1991)
Politics and Preferences, 20 Philosophy and Public Affairs 3 (1991), reprinted in Democracy: Theory and Practice (J. Arthur ed. 1992)
Three Civil Rights Fallacies, 79 California Law Review 751 (1991)
Political Economy, Administrative Law: A Comment, Journal of Law, Economics, and Organizations (1991)
Law and Administration After Chevron, 90 Columbia Law Review (1991)
The Limits of Compensatory Justice, NOMOS: COMPENSATORY JUSTICE (1991)
What Judge Bork Should Have Said, Connecticut Law Review (1991)
Republicanisms, Rights: A Comment on Pangle, Chicago-Kent Law Review (1991)
Republicanism and the Preference Problem, Chicago-Kent Law Review (1991)
Why Markets Won't Stop Discrimination, 8 Social Philosophy and Policy 21 (1991), and in Reassessing Civil Rights (E. Paul ed., Basil Blackwell 1991)
Why the Unconstitutional Conditions Doctrine Is An Anachronism, 70 Boston University Law Review (1991)
Political Self-Interest in American Public Law, in Beyond Self-Interest (J. Mansbridge ed., U. of Chi. Press 1990)
Administrative Substance, 1990 Duke Law Journal
Remaking Regulation, 3 The American Prospect 73 (1990)
Principles, Not Fictions, 57 University of Chicago Law Review (1990)
Norms in Surprising Places: The Case of Statutory Construction, Ethics (1990)
Paradoxes of the Regulatory State, 57 University of Chicago Law Review (1990)
Constitutional Politics and the Conservative Court, in The American Prospect (1990)
Interpreting Statutes in the Regulatory State, 103 Harvard Law Review (1989), recipient of 1990 award of American Bar Association for best annual scholarship in administrative law
Unity and Plurality: The Case of Compulsory Oaths, 2 Yale Journal of Law and Humanities (1989)
Disrupting Voluntary Transactions, in NOMOS: Markets and Justice (1989)
On the Costs and Benefits of Aggressive Judicial Review of Administrative Action, Duke Law Journal (1989)
The First Amendment and Cognition, Duke Law Journal (1989)
Low Value Speech Revisited, Northwestern L. Rev. (1989)
Introduction: Notes on Feminist Political Thought, Ethics (1989)
Is There An Unconstitutional Conditions Doctrine?, San Diego L. Rev. (1989)
Six Theses on Interpretation, Constitutional Commentary (1989)
Beyond the Republican Revival, 98 Yale Law Journal (1988)
The Beard Thesis and the New Deal, George Washington Law Review (1988)
Standing and the Privatization of Public Law, 88 Columbia Law Review (1988)
Sexual Orientation and the Constitution: A Note on the Relationship Between Due Process and Equal Protection, 55 University of Chicago Law Review (1988)
Changing Conceptions of Administration, Brigham Young Law Review (1988)
Compelling Government Action: The Problem of Affirmative Rights, in The Cambridge Lectures (1988)
Pornography and Free Speech, in Civil Liberties in Conflict (L. Gostin ed. 1988)
Protectionism, National Markets, and the American Supreme Court, in volume on National Integration and the Future of the European Economic Community (European University Institute, 1988)
Constitutions and Democracies: An Epilogue, in Constitutionalism and Democracy (Cambridge University Press, 1988) (J. Elster & R. Slagstaad eds.)
Constitutionalism After the New Deal, 101 Harvard Law Review 421 (1987)
Lochner's Legacy, 87 Columbia Law Review 893 (1987), reprinted in Law and Liberalism in the 1980s (V. Blasi ed., Columbia University Press 1991)
Routine and Revolution, Northwestern Law Review (1987), reprinted in Critique and Construction (R. Lovin & M. Perry eds., Cambridge University Press, 1990)
Lochner's Misunderstood Legacy, Columbia Observer (1987)
Judicial Review of Administrative Action in a Conservative Era, Administrative Law Review (1987)
Legal Interference with Private Preferences, 53 University of Chicago Law Review 1127 (1986)
Two Faces of Liberalism, University of Miami Law Review (1986)
The Role of the President in Informal Rulemaking, Administrative Law Review (1986) (with Peter Strauss)
Government Control of Information, California Law Review (1986)
Pornography and the First Amendment, 1986 Duke Law Journal (1986)
Madison and Constitutional Equality, 9 Harvard Journal of Law and Public Policy 146 (1986)
Notes on Pornography and the First Amendment, 3 Journal of Law and Inequality (1986)
Factions, Self-Interest, and the APA: Four Lessons Since 1946, 62 Virginia Law Review (1986)
Deregulation and the Courts, 5 Journal of Public Policy and Management (1986)
Interest Groups in American Public Law, 38 Stanford L. Rev. 29 (1985), recipient of American Bar Association award for distinguished scholarship in administrative law
Reviewing Agency Inaction After Heckler v. Chaney, 51 U. Chi. L. Rev. 636 (1985)
Naked Preferences and the Constitution, 84 Colum. L. Rev. 1689 (1984), reprinted in book of readings on constitutional law (Foundation Press)
In Defense of the Hard Look: Judicial Activism and Administrative Law, 7 Harvard Journal of Law and Public Policy 51 (1984)
Hard Defamation Cases, 25 William & Mary L. Rev. 877 (1984)
Rights, Minimal Terms, and Solidarity, 51 U. Chi. L. Rev. (1984)
Legislative Attacks on School Desegregation, in Civil Rights in the Eighties: A Thirty Year Perspective (1984)
Deregulation and the Hard-Look Doctrine, 1983 Supreme Court Review 177
Is Cost-Benefit Analysis a Panacea for Administrative Law?, University of Chicago Law School Record (1983)
Politics and Adjudication, 94 Ethics 126 (1983) (review-essay)
Public Employees, Executive Discretion, and the Air Traffic Controllers, 50 University of Chicago Law Review 731 (1982) (with Bernard Meltzer)
Participation, Public Law, and Venue Reform, 49 University of Chicago Law Review 976 (1982)
Public Programs and Private Rights, 95 Harvard Law Review 1193 (1982) (with Richard Stewart)
Section 1983 and the Private Enforcement of Federal Law, 49 University of Chicago Law Review 394 (1982)
Public Values, Private Interests, and the Equal Protection Clause, 1982 Supreme Court Review 127
Cost-Benefit Analysis and the Separation of Powers, 23 Arizona Law Review 1267 (1981)