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Testimony Before the Senate Committee on Environment and Public Works, June 27, 1995
(1996)
I am here to testify about the bearing of the Constitution, and particularly the Fifth Amendment's requirement ofjust compensation for takings of private property for public use, on proposed "property rights" legislation.
A Brief Response to Richard Epstein
(1996)
Richard Epstein, from whom I have learned a lot over the years, is persuasive about some things but not about everything.
On the Expressive Function of Law
(University of Pennsylvania, 1996)
Products Liability Through Private Ordering: Notes on a Japanese Experiment
(University of Pennsylvania, 1996)
Any justification of strict products liability faces a problem: why should the law impose on private contracts made in competitive product markets what is effectively a mandatory insurance contract? Proponents of the current ...
Notes from the Editorial Advisory Board
(1996)
My classmates Jim Tourtelott, Joe Sommer, and Eva Saks invented the Yale Journal of Law & the Humanities at a Mexican restaurant one night in the fall of 1987. When they announced their idea to me the next day, my first ...
Symposium - Intersections: Sexuality, Cultural Tradition, and the Law - Introduction
(1996)
This Symposium inhabits two intersections: the intersection linking sexual orientation with other axes of social stratification, and the intersection linking the legal future to the legal past, legal reform to legal history. ...
Keeping Your Eye on the Ball: The Significance of the Revival of Constitutional Federalism
(ScholarWorks@Georgia State University, 1996)
Those Japanese Firms with Their Disdain for Shareholders: Another Fable for the Academy
(1996)
We begin in Section II by discussing the modem theory of path dependence. In Section III, we trace the ties between that theory and the orthodox understanding of how Japanese firms behave. Then in Section IV, we report ...
Public Deliberation, Affirmative Action, and the Supreme Court
(California Law Review Inc., 1996)