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Law and Q and A with Guido Calabresi

Guido Calabresi GUIDO CALABRESI ’58 is The Future of Law & Economics: Emeritus at Yale and a senior Essays in Reform and Recollection judge on the Court of Appeals Press, 2016 for the Second Circuit. A preeminent­ legal scholar, Calabresi served as dean of the Law School from 1985 to 1994 prior to his , Sterling Professor Emeritus Guido In his latest book appointment on the Second Circuit. He began Calabresi ’58 discusses the nuances found within the law and teaching at the Law School in 1959 at the economics movement, a theoretical mode of analysis that Calabresi age of 26, and is widely acknowledged as himself pioneered in the mid-twentieth century. a leading figure in the field known as Described by the University of ’s Sam Peltzman as “a collection of law and economics. original essays by one of the towering figures in the development of the economic Yale Law Report In your view, what is the analysis of law,” The Future of Law & Economics posits that there are two separate areas lawyer’s unique role in changing, or even within the discipline, most clearly identified with the English philosophers Jeremy bettering, economics and economic theory? Bentham and John Stuart Mill. The Benthamite strain, according to Calabresi, Guido Calabresi Lawyers are like institu- understands that the law should be understood merely in the light of economic tionalists. They’re people of the world. theory, and suggests ways in which economics might improve legal effectiveness. When we look at the law, we see how the world has treated some situations. That Such a theoretical mindset, he says in the book’s first essay, “casts doubt upon, and enables us to see whether a theory—be it often seeks reform of legal reality.” The Millian strain, however, places economics economics, philosophy, or another theory— and the law on more egalitarian footing. Coming from a more realistic really fits the world. And that gives and less theoretical understanding, this perspective is one of bilaterality, us insights that are particularly allowing for economic theory to be just as correctable as the law. It is this useful to whatever theoretical field approach—from the legacy of Mill and in opposition to Bentham—for we’re addressing. The group of economists known which Calabresi most clearly advocates. as institutionalists argued that The series of essays that follow arise from this distinction, and that’s what should be done in eco- Calabresi discusses related topics such as altruism, merit goods, and the nomics. Ronald Coase was one of liability rule. Though ultimately a work of historical and contemporary them, as was Walton Hamilton, who legal-economic analysis, The Future of Law & Economics is decidedly forward- taught at Yale Law School. So why is looking. In the concluding words of the book, Calabresi thoughtfully notes: it not their job to look at economic theory from the standpoint of the world and say “Economists, working with legal scholars, can, by making economic theory richer what is wrong with it? Traditionally, institu- and more nuanced, make that theory more capable of responding to both these tional economists came from the left, and needs. They can do so without abandoning those limits that economics has tradi- they were treated with suspicion by eco- tionally, and understandably, placed on itself in order to retain its rigor. Law and nomic theorists for that reason. There was Economics scholarship has done this to wonderful effect in the past. But there is always the thought that they might say much still to be done, and it is this that makes the future of Law and Economics that the world doesn’t fit for ideological reasons rather than for empirical reasons. so bright and exciting to me, an early tiller in the field.” 16 17 yale law report summer 2016

Lawyers are institutionalists but come kidney to somebody else, and the person reform. The only problem from my Millian from every possible point of view, and so who wants to buy it—but how third par- point of view is that sometimes the reform one can’t attack lawyers that way, which ties react, whether they are offended. it seems to push for is simplistic unless one makes us much, much more useful. Economic theory traditionally does not goes back and asks whether the theory is That puts lawyers in a position to ques- take into account what, in their own terms, nuanced enough, or whether the world tion any theory. I happen to be interested they call third-party utilities. But one might represent, as Mills said, the whole in questioning economic theory because cannot discuss any number of things— unanalyzed experience of a human race. In that’s what I’ve worked on, but also why we prohibit the sale of blood or why Europe the notion was that law is because it’s been such a dominant part of we do things about healthcare or educa- unchanging, that law is what it should be, legal scholarship in the last fifty or sixty tion—without realizing that the third par- and that any scholarship that tried to years. The first thing that the lawyer does ty’s values are part of the game, too. change it was not scholarship—that was when looking at the world and seeing that what Bentham and all similar theorists the theory doesn’t fit is to make demands ylr Your new book sketches the distinc- (and therefore economic analysis of law) of the theory: Why doesn’t it fit? Is it the tion between the Benthamite (“economic rebelled against and said, let’s question. If world that should be changed or is it analysis of law”) and the Millian (“law and one takes the world as it is, law as it is, as something that’s wrong with the theory? economics”) traditions of economic-legal unchanging, then one either has a tyranny By making demands, it asks the theorists analysis. Given your long scholarly history of history, where history rules regardless, to rethink their theory. In my recent book, I say: Isn’t it interest- ing that economists seem to treat most goods either as a means of getting from We like caviar because we like it, but it also feeds us. here to here? Is it a useful way of delivering And almost everything is, to some extent, both. health care? Is it an efficient way of getting from point A to point B? Or they look at And this being “both” is something that goods as ends. We want this. I like this. That’s something I would like to have. economists haven’t really thought about. But when one looks instead at the world of law, one realizes that most goods are both ends and means. We like caviar of advocating for Mill’s approach, what do or one has a tyranny of revolution because because we like it, but it also feeds us. And you think Bentham’s analysis can offer to at a certain point people have had enough almost everything is, to some extent, both. the continuing conversation about law and and they explode. “Écrasez l’Infâme” was And this being “both” is something that economics? the French phrase: Destroy the infamous, economists haven’t really thought about. Calabresi The Benthamite tradition is very the indecent. And create a wholly new, rev- It helps us to explain altruism. It helps us useful, first, for questioning, for demand- olutionary structure that rules thereafter. to explain any number of things. It asks ing change. It says, “The past isn’t neces- When a theoretical Benthamite economists to think about the theoretical sarily right. It has to prove itself.” And the approach looks at the world, and the world implications of this more broadly. And second thing that the Benthamite tradi- doesn’t fit, the second question it asks us that’s why this book raises some deeper tion does is to ask, “Are people of the world to ask is: Am I actually seeing the world? Or theoretical questions for economics. For looking at the world as it is, or are they is something about where I am looking example, once one talks about ends and missing something?” from causing me to miss what is going on? means both, one looks at people like the Bentham was famous for pushing for The theory says something should be hap- great free market scholars F. A. Hayek and reform. The theory demands change. The pening. It doesn’t seem to be happening. Milton Friedman and one realizes that they theory looks at what was there before and But is it really not happening or am I only not only think that the market is an effi- says, hey, this doesn’t seem to work. And looking through blinders? For instance, am cient way of delivering goods and services, that’s very powerful. One has a theory that I looking only at appellate cases, and ignor- but that they like it. Of course they like it, is believed, whether it is Bentham or it is ing all that is decided administratively? and that’s one of the reasons they push for Chicago or is Marxist—but it looks at the it. Conversely, Trotsky didn’t just think com- world and it says there is something ylr What are the other scholarly disci- mand was an efficient way of delivering wrong. Being able to question what has plines that you could imagine as being goods and services, he liked it! been before is fundamental. It is what the important to strengthening the law and The book also discusses the importance “law and…” movements all began as. They economics framework, with an eye of looking at how not just the people who didn’t want to take law as a given, as nec- toward the future development of and are negotiating something react—the essarily right, rather than as the history of work within the field? person who is selling health care, or the exploitation or as rules that make no Calabresi When one does the law and person who would like to sell blood or a sense, so it is a tremendous engine for economics approach, the Millian approach, books in print

and one says the theory is not complex or explain what goes on and make sense, one I wrote the article “Some Thoughts on nuanced enough to help explain what would have to do certain things which that Risk Distribution and the Law of Torts,” goes on, one asks a field to change itself. field cannot do. Then the question is what which came out a few weeks before, and Sometimes that field, such as economics, other field can help to do that. independently of, Coase’s great article, can change itself. For example, Coase said “The Problem of Social Cost,” in 1960/1961. if markets were costless, there would be no ylr When considering your book’s subti- I had first written it in my second year in firms. There are firms. Is it really impossible tle, “Essays in Reform and Recollection,” law school as my comment for a journal for economic theory to treat markets as how would you relate your own experi- officership, from what I’d learned in torts. I costing something? No, it’s not impossible. ences as a student and scholar of law to got an officership, but the editors of the It’s a little more complicated, but it isn’t the writing of this book? Law Journal didn’t really like the comment that hard. And economic theory adjusted Calabresi That takes us back a long way. because it was so new. Kids didn’t under- with tremendous help to it and to what it The beginning of this is this kid (me) who stand it, and so I didn’t publish it then. This could say about the world. had studied economics and had fallen in was very lucky because if I had published it I think the same is true about ends and love with the most theoretical sides of eco- as a student piece, nobody would have means. I think the same is true about nomics. This theoretical side of economics read it. When I came back to teaching two values. Third-party utilities are harder for seemed to me to be fun but not to explain years later, I published it as my first article. economists to deal with. I would like them the world adequately, not to be really And since it came out at the same time as to try. But there are some things that are useful. So I kind of faute de mieux came to Coase, the whole place exploded and, too difficult for that field. law school. And I found myself in Jimmy among other things, I got tenure! That was What does it mean to say “too difficult James’s [Fleming James, Jr.] torts class the start. for that field”? It means that it asks econo- where all sorts of questions were being The next thing that happened which mists to do some things, which, if they did raised that Jimmy, as a great teacher, said pushed me in the direction of what I’m them, would no longer make economics we don’t know the answers to, but which doing now, was the European reaction to the powerful discipline that it is. It would economic analysis of law gave the answers the law and economics and economic anal- ask economics to make certain problem- to as easily as could be. Now the reason ysis of law that I was doing. Europeans atic assumptions, to be uncertain about that was so was because the materials were very troubled originally. The thing certain things, not to be as rigorous as it is. that Jimmy James had put together that bothered them was: Aren’t you really At that point, economists can do one of derived from materials that had originally putting law in a subsidiary position? two things. They can just throw their been put together by Walton Hamilton, an Doesn’t law have something to offer on its hands up and say, too bad. We’re still going institutionalist economist, and Harry own? The European tradition had been to do things the way we did before. Or they Shulman. Shulman, really, knew no more very much that “law must be right,” that can say, we can do this much, but another economics than James but the materials law can’t be changed. And so, the notion, field has to come in and do the part that had been put together, by Hamilton, I think, not only of looking at law from an outside we cannot do without being untrue to our to ask the questions. So that’s how I theory perspective and thinking reform, as own discipline. started looking at torts law from an eco- Bentham had advocated, but that reform What is that other field? Well, that nomic analysis point of view. And econom- would be dictated by a theory outside of depends on the particular question that ics was able to explain things that most law was something that was very trou- one is asking. There are some things that legal scholars had said could not be bling to people in Europe. economics can’t answer where anthropol- explained, like master-servant liability. Well, I’m also European. From the very ogy is the field that could help us enor- Everybody in torts said there was no expla- beginning, I started going back to Italy, mously. I happen to think that that’s the nation for master-servant liability. Instead, where I was born. And I started feeling this field that has been least examined from a from an economic analysis point of view, it sense of unease, fear, which interestingly, “law and…” point of view. There have been was the easiest thing in the world to this particular book has in many Europeans some great lawyer-anthropologists, but explain. But then immediately after, I saw kind of laid to rest. This book says law, and there hasn’t been the same systematic that there were some things in that same your notion that law has had something to treatment that economics has given to law theory, which when applied to law didn’t tell us for a very long time and still does, is and law to economics. I think anthropology explain the governing rules. I had been a true. It discusses this in a systematic way is a particularly useful one. But there are little unhappy with economic theory from by talking about law and economics, rather others. History, and seeing what historians a realistic point of view, so that led me to than economic analysis of law, and says have said. Literature—what the great say, “Is that theory necessarily right?” So, at the two things work together. This tradi- canons of literature suggest. Whenever the very beginning, I was both applying tional European notion that law had one finds that the theory of the field one is economic analysis of law and doing law things to say about the unanalyzed experi- first applying, say, economics, doesn’t and economics. I did this in my first year in ence of the human race, and economic explain the world, and the world says: to law school. continued on page 128 18 19 yale law report summer 2016

Here’s just a sampling of the many other books recently Jim Douglas written or edited by our alumni, faculty, staff, and students. The Toughest Peace Corps Job: Letters from Somalia, 1969 We welcome your submissions. Inkwater Press, 2016 Please contact us: [email protected]. Douglas ’73 describes his Peace Corps experience in Somalia Susanna L. Blumenthal in 1969, drawn from his letters Law and the Modern Mind: United: Thoughts on Finding and correspondence of the Consciousness and Responsibility in Common Ground and time. From trying to plow with American Legal Culture Advancing the Common Good a camel and walking across the Harvard University Press, 2016 Ballantine Books, 2016 bush in flip flops to introduc- ing dodgeball in a kids’ prison, these letters Blumenthal ’96 dis- U.S. Senator Booker ’97 exam- and journal chronicle the experiences of cusses the consequences ines his own life trajectory— a young man pushed to the limits of his of post-revolutionary including his days at Yale Law idealism, inviting readers to ask: Are good America’s understanding School followed by his years intentions ever enough? of self-government as a of public service—in order to dual political and psy- argue that empathy, responsi- Lawrence Douglas chological project. With bility, and action are the virtues The Right Wrong Man: a focus on adjudication needed to attain a common John Demjanjuk and the in this formative era of good for the future. Booker shares his Last Great Nazi War Crimes Trial American law, the author explains how understanding of not only the issues that Princeton University Press, 2016 early cases in this legal paradigm grew are most important to him (such as the into a jurisprudence of insanity, while injustice of mass incarceration and the Douglas ’89 explores the calling attention to the (often problem- need for environmental care), but also complicated history of John atic) connections between the autono- the individuals throughout his life who Demjanjuk, the man at the mous self and overarching questions of played significant roles in shaping his center of the lengthiest Nazi legal liability. civic vision. war crimes case to arise from the Holocaust.

Anne L. Alstott A New Deal for Old Age: Toward a Progressive Retirement Harvard University Press, 2016

Anne L. Alstott ’87, the Jacquin D. Bierman Professor in Taxation, argues in her new book, A New Deal for Old Age, that the creation of Social Security in the 1930s was a profound achievement worth preserving—but that the program has fallen out of step with the current realities of work and aging. Social Security once promised dignity in old age for rich and poor alike, but today that egalitarian promise is failing. Alstott recommends a progressive change that would shift retirement age depending on a worker’s lifetime income and type of work. She also suggests a more equitable version of spousal benefts. “The past ffty years have wrought a dramatic change in the experience of old age,” Alstott says. “As a group, older Americans live longer, enjoy better health, and pursue a variety of work and retirement options. But old age unfolds very differently for the poor than for the rich.” The gap is more than a matter of money: lifetime low earners face shorter life spans, worse health, higher rates of disability, and worse job options. Alstott posits that without thoughtful reform, Social Security will fail Americans who fnd themselves on the wrong side of the new inequality. Alstott urges progressives to stop treating Social Security as untouchable. She believes the program already contains the seeds of progressive reform: contrary to popular belief, reforms can maintain universal retirement security while also directing extra benefts to the worst-off. books in print

Kenneth M. Ehrenberg Robert D. Blackwill and Michael J. Graetz and The Functions of Law Jennifer M. Harris Oxford University Press, 2016 War by Other Means: The Burger Court and Geoeconomics and Statecraft the Rise of the Judicial Right In his new book, Ehrenberg ’97 Belknap Press, 2016 Simon & Schuster, 2016 reviews critical theories of legal philosophy, posing the ques- Harris ’09 and Blackwill In their new book, The Burger Court tion, “What is the nature of law describe how the United and the Rise of the Judicial Right, Justus and what is the best way to States, in failing to embrace S. Hotchkiss Professor Emeritus of Law discover it?” Ehrenberg posits the mode of statecraft in Michael J. Graetz and that law is best understood as which economic instru- Knight Distinguished institution and artifact: as the ments are employed to Journalist in Residence and former, it’s designed to be an essential achieve geopolitical goals, Joseph Goldstein Lecturer arbiter in the management of status is faltering as a world in Law Linda Greenhouse within a social contract, and as the power. Through an analysis ’78 MSL put forth a new latter, a tool of human creation that is of American history, systems, bureaucracy, and comprehensive designed to signal its usability to people and foreign policy since the end of World evaluation of the Warren who interact with it. War II, they attempt to demonstrate that Burger Supreme Court. if the United States keeps turning toward Though traditionally Chaihark Hahm and Sung Ho Kim military force instead of geoeconomic war- described as a moderate or transitional Making We the People: fare, its decline as a world power will be court, the authors demonstrate that the Democratic Constitutional Founding even more difficult to reverse. Burger Court was actually a conservative in Postwar Japan and South Korea one whose constitutional decisions still Cambridge University Press, 2016 Ellen Harvey impact the political landscape in which Museum of Failure Hahm ’87 llm and Kim combine con- we live today. Gregory R. Miller & Co., 2015 stitutional scholarship with politi- Beginning with Richard Nixon’s 1968 cal theory in order to understand Museum of Failure is promise to move the Supreme Court just what it means to say “we the Harvey’s ’93 first major away from the liberalism of the preceding people” in the context of estab- retrospective publication, Warren era, the authors describe how lishing a new constitution. By re- exploring her vast array the Burger Court veered far to the right examining the politics of postwar of artistic work from the of the political spectrum in areas such as Japan and Korea, the authors put past two decades. Taking criminal law, race, and corporate power. forth that the eponymous phrase can its title from an ongoing Through an examination of the legal only come about by means of consti- project featured in the and political roots of some of the most tutionalism; in other words, the author of 2008 Whitney Biennial, the book examines signifcant Burger Court decisions, Graetz that document is just as constitutive as the artist’s painting, photography, and and Greenhouse not only clarify this the political tendencies that underlie its installations (among her other artistic Graetz broader democratic foundations. media). rightward judicial shift, but also demonstrate how these decisions affects us in the present day. Michael J. Graetz Follow the Money: Essays On International Taxation Yale Law Library, 2016

This book by Michael J. Graetz, Justus S. Hotchkiss Professor of Law Emeritus, collects the author’s essays written over the past Greenhouse two decades that examine issues surrounding international income taxation. Publicity about tax avoidance techniques of multinational corporations and wealthy individuals has moved discussion of international income taxation from the backrooms of law and accounting frms to the front pages of news organizations around the world. In Follow the Money: Essays On International Taxation, Graetz reveals how current international tax policy came into place nearly a century ago, critiques the inadequate principles still being used to make international tax policy, identifes and dissects the most prevalent tax avoidance techniques, and offers important suggestions for reform. 20 21 yale law report summer 2016

Gary Hart Susan Rose-Ackerman and Bonnie J. Palifka The Republic of Conscience Corruption and Government: Blue Rider Press, 2015 Causes, Consequence, and Reform (2nd Edition) Cambridge University Press, 2016 Former U.S. Senator Hart ’64 meditates on the ever-increasing Susan Rose-Ackerman, the Henry R. Luce Professor of divide between the United Law and Political Science at Yale University, and Bonnie J. States Constitution’s founding Palifka have published the second edition of Corruption and principles and the landscape Government: Causes, Consequence, and Reform. The co-authors that currently dominates the update Professor Rose-Ackerman’s 1999 original to include the nation’s political discourse. research explosion that accompanied the fall of the Berlin Wall, Because narrow special interests the founding of Transparency International, and the World have dominated America’s government Bank’s decision to give anti-corruption policy a key place since the end of World War II, he notes that on its agenda. America and its governing institutions The book focuses on the institutional and economic have fallen prey to the very corruption that roots of corruption, both routine payoffs and “grand” the Constitution and the founding fathers corruption in contracting and privatization. It gives special sought to avoid at all costs. attention to political corruption and to instruments of accountability. The authors have expanded the treatment Adam Haslett of culture as a source of entrenched corruption and Imagine Me Gone added chapters on criminal law, organized crime, and Little, Brown & Company, 2016 post-conflict societies. The authors outline domestic conditions for reform and In Haslett’s ’02 second novel, discuss international initiatives, including both explicit anti-corruption policies Margaret and John are a young supported by institutions, such as the World Bank and the OECD, and global engaged couple when he is hos- efforts to constrain money laundering. pitalized for depression in 1960s “Bonnie Palifka and I sought to incorporate the most important new work London. Her decision to marry on the topic, to acknowledge progress in fghting corruption at the same time as him, despite what she knows of we recognize that much more needs to be done,” says Professor Rose-Ackerman. his condition, sets into motion “This is a topic that is not likely to disappear any time soon as recent revelations their family’s reckoning with the involving the World Cup Football Association and the Panama Papers can attest.” bonds of duty, love, and loss. At the heart of the story is their eldest son, Michael, a brilliant, anxious music fanatic, and the story of how, over the span of decades, his younger siblings struggle with their mother to care for Michael’s increas- Zachary D. Kaufman D. G. Martin ingly troubled and precarious existence. United States Law and Policy on North Carolina’s Roadside Eateries: Transitional Justice: A Traveler’s Guide to Local Restaurants, Ben W. Heineman, Jr. Principles, Politics, and Pragmatics Diners, and Barbecue Joints The Inside Counsel Revolution: Oxford University Press, 2016 The University of North Carolina Press, 2015 Resolving the Partner-Guardian Tension The U.S. government’s D. G. Martin ’68 has spent Ankerwycke, 2016 support for and opposi- years traveling the major Heineman ’71 explores the rise tion to various transi- roadways of North Carolina, of inside lawyers over the past tional justice institutions on the lookout for commu- twenty-five years.H is work, is the focus of Kaufman’s nity, local history, and great grounded in his experience as GE’s ’09 latest book. In con- cooking. In his new book, top lawyer for nearly two decades, fronting the legalist Martin, the host of UNC-TV’s examines the transformation of paradigm in favor of his North Carolina Bookwatch, inside counsel from second-class own prudentialist theory, he explores six offers a personal tour of more than 100 citizens in corporations to crucial members historical contexts—including post-World notable local roadway haunts that serve of the corporate structure. Building on this War II Japan and Germany, and the 1994 not only as places to eat but also as fix- view of recent history, he describes the Rwandan genocide—in order to demon- tures of their communities—from BBQ modern role of inside counsel, from their strate that political and pragmatic factors joints and country kitchens to Mexican important functions to the values that overwhelmed normative beliefs in the restaurants and Greek diners. they should hold as corporate citizens. United States’ approach to such atrocities. books in print

Frank Pasquale Jeffrey Rosen Allan Topol The Black Box Society: Louis D. Brandeis: American Prophet The Italian Divide The Secret Algorithms That Control , 2016 SelectBooks, 2016 Money and Information Published to commemo- In Topol’s ’65 twelfth novel, Harvard University Press, 2015 rate the hundredth anni- a prominent Italian banker Pasquale ’01 explores the inva- versary of his Supreme is killed by Russian assassins sive world of corporate data- Court confirmation on June operating out of China. It’s gathering, detailing the subtle 1, 1916, Louis D. Brandeis: up to a former CIA director ways in which Silicon Valley American Prophet argues and a journalist to uncover and Wall Street use hidden that Brandeis was the most the network of corruption algorithms to control informa- farseeing constitutional and deceit extant across the tion, profits—and even the philosopher of the twenti- whole of Italy—with dire consequences on course of the entire economy—all while eth century. Combining narrative biogra- the international level. noting the inherent dangers of this trou- phy with a passionate argument for why bling activity. Brandeis matters today, Rosen ’91 explores J.D. Vance what Brandeis can teach us about historic Elegy: A Memoir of Jerome H. Reichman, Paul F. Uhlir, and contemporary questions involving a Family and Culture in Crisis and Tom Dedeurwaerdere the Constitution, monopoly, corporate and Harper, 2016 Governing Digitally Integrated Genetic federal power, technology, privacy, free A meditation on the Resources, Data, and Literature: speech, and Zionism. crumbling of a white Global Intellectual Property Strategies working-class culture in for a Redesigned Microbial Michael J. Saks and the United States, Vance’s Research Commons Barbara A. Spellman ’13 memoir explores the Cambridge University Press, 2016 The Psychological Foundations of struggles of the Rust Belt Evidence Law Reichman ’79, Uhlir, and town of his childhood, New York University Press, 2016 Dedeurwaerdere explore the legal as well as his family’s framework regarding microbial Saks ’83 msl and Spellman experience that led genetic information, and the examine current psycho- them there. While his poverty-stricken public research that surrounds logical research in order to grandparents were able to escape the that information. After undertak- identify the choices under- devastating confines of rural Kentucky and ing a broad survey of these legal lying the rules of evidence. ultimately establish a middle-class home and scientific practices, the three In examining the current in , the family continued to contend authors put forth a new model for collab- state of the rules of evi- with the legacy of their Appalachian past. orative world-wide research and the easier dence, the authors seek to exchange of scientific data and ideas suggest potential alternatives, grounded in Ahmed White across international boundaries. psychology, that might aid the law in more The Last Great Strike: successfully attaining its ultimate ends. Little Steel, the CIO, and the Struggle for Deborah L. Rhode Labor Rights in New Deal America Adultery: Infidelity and the Law Barry Schaller University of California Press, 2016 Harvard University Press, 2016 The Ramadi Affair Quid Pro, 2016 White ’94 explores the Rhode ’77 undertakes a new events of the May 1937 study of the legal and social In his novel, Schaller Little Steel Strike and its consequences of adultery. In ’63 tells the story of aftermath. In examining the pursuing such an examina- judge corporate and governmen- tion in the form of a compre- David Lawson, a deco- tal brutality in repressing hensive academic work, she rated veteran of Iraq, the workers’ union in the calls for an end to the crimi- now thrust onto the context of New Deal liberal- nalization and state policing national stage when ism, he explicates the issues of the act, by means of the the press learns he’s up for that industrial labor faced in the wake of repeal of archaic adultery laws and pro- an unexpected vacancy on the greed, steadfastness, and destructive hibitions on polygamy. the U.S. Supreme Court. Secrets from two power of the steel companies. decades ago in Ramadi threaten his nomi- nation and call into question his moral judgment. 22 23 yale law report summer 2016

ALSO OF NOTE Risa Goluboff ’00 Vagrant Nation: Robert C. Power and Police Power, Constitutional Change, Mark C. Alexander ’92 and the Making of the 1960s A Short & Happy Guide Oxford University Press, 2016 to the First Amendment West Academic Publishing, 2016 Felipe L. Gozon ’65 llm An Autobiography: Edward H. Bonekemper III ’67 How GMA Network Became No. 1 The Myth of the Lost Cause: Vibal Foundation, Inc., 2014 Why the South Fought the Civil War and Why the North Won Anne M. Heinz and Regnery History, 2015 John P. Heinz ’62, eds. Women, Work, and Worship Lu-chu Chen ’62 llm, ’64 jsd in Lincoln’s Country: An Introduction The Dumville Family Letters to Contemporary International Law: University of Illinois Press, 2016 A Policy Oriented Perspective Oxford University Press, 2015 Alan Hruska ’58 Pardon The Ravens Lu-chu Chen ’62 llm, ’64 jsd Prospect Park Books, 2015 The U.S.-Taiwan-China Relationship in International Law and Policy James S. Eustice, Oxford University Press, 2016 Joel D. Kuntz ’71, and Paul W. Kahn John A. Bogdanski Making the Case: ’62 Federal Income Taxation The Art of the Judicial Opinion Abraham: the World’s First of S Corporations (fifth edition) Yale University Press, 2016 (But Certainly Not Last) Jewish Lawyer Thomson Reuters, 2016 Drawing on thirty years of teaching Schocken, 2016 at Yale, Paul W. Kahn ’80, the Robert Mariana Mota Prado ’02 llm, ’08 jsd W. Winner Professor of Law and the Ronald W. Duty and and Michael J. Trebilcock Humanities, writes of legal pedagogy Marie A. Failinger ’83 llm, eds. Advanced Introduction and legal argument in his tenth book, On Secular Governance: to Law and Development Making the Case: The Art of the Judicial Lutheran Perspectives Edward Elgar Publishing, 2014 Opinion. Law, he argues, should be on Contemporary Legal Issues approached as a set of argumentative Eerdmans, 2016 Mordecai Rosenfeld ’54 resources. Only by learning how judges Cases I Lost and Other Injustices actually seek to persuade each other Marie Failinger ’83 llm and Poetica Publishing, 2015 can students learn how to write and Ezra Rosser, eds. speak about the law. The Poverty Law Canon: As in his other books, Kahn takes Exploring the Major Cases a broad, interdisciplinary approach. He Press, 2016 brings to his analysis of the judicial

opinion a concern with narrative, voice, Seth Frank ’58 and structure. He explores the way in Baker’s Dozen which doctrine develops and declines, New Eden Press, 2016 as well as the importance of facts in constructing a context for decision. David Fox and The book stands in the tradition Wolfgang Ernst ’82 llm, eds. of Karl Llewellyn’s The Bramble Bush Money in the Western Legal Tradition: and Edward Levi’s Introduction to Middle Ages to Bretton Woods Legal Reasoning: legal scholarship that Oxford University Press, 2016 speaks simultaneously to students and professors as well as practitioners.