FacuIty News

New Faculty Profiles "I had a really enjoyable time with the faculty and the students," he says. "AH the ideas and the discussion, it was really, really fun. 50 when I had the chance to join the Richard McAdams: faculty this year, I was happy." Professor McAdams and his wife now have two a Richard McAdams began planning a career as a law professor homes, condominium in the South and a house in even before he started law school. "I debated in college, Loop Champaign and are between wife is stili my coach was a professor, and I thought he had a great currendy dogs. "My teaching job," he explains. at , so we are living in both places, which is a Íittle he is excited about his Of course, McAdams did not begin teaching right out of challenging." Nonetheless, very job at and wants it noted that he is a rabid Carolina the University ofVirginia Law 5chool. Instead he took a Chicago clerkship with ChiefJudge basketball fan, dating back to his days there as an undergraduate. Harrison L. Winter of the U.5. "This way, all the students from Duke can start making fun Court ofAppeals for the Fourth of me on day one." Circuit, a position he loved. Then, after working at Morgan, Lee Fennell: Lewis & Bockius in Philadelphia Lee Fennell has a lot in common with Richard McAdams. for three years, he took a job They both love to teach, they both wanted to enter academia teaching at Chicago-Kent because it offered them the opportunity to spend a lot of College ofLaw in 1990. "I knew time thinking about specific I had to make the transition legal puzzles, they like dogs and pretty early in my career, or it they both have spouses teaching was just going to keep getting Richard McAdams at the University of Illinois. harder," he notes. "My husband is an anthropology McAdams spent seven years at Kent teaching criminallaw professor at Illinois," Fennell (which he will also teach this fall at the Law 5chool) and says. "50 although we live in doing research on race discrimination and social norms. He Beverly [on the South Side of followed that up with two years at Boston University Law Chicago], he spends some dme 5chool and then accepted a position at the University of down in Urbana-Champaign Illinois College of Law in Urbana-Champaign while his during the week when he is III debated in college, my coach was a teaching. And we have three dogs." Lee Fennel/ Fennell took a job at Pettit professor, and I thought he had a great job." and Martin following her 1990 graduation from Georgetown

- ar Richard McAdams University Law Center. After two years, she took a job the State and Local Legal Center. "In private practice yOU wife a at the accepted position university teaching sociology. that che can't really look at all the side avenues and riddles "That was a McAdams muses. "We had big adjustment," the dienr law presents, you only have the time to look at what been living in big cities for years, and then we moved to needs, and I really wanted the time for that exploration." this town of I liked the and the 100,000. faculty university and Local Fennell's job writing amicus briefs at the 5tate and the students from the start, but I came to right really as ir Legal Center was much doser to academic work, love Urbana-Champaign." involved examining the policy implications of Iegal decis!o�' McAdams has been a visiting professor at Yale Law 5chool Long interested in the intertwining of law and econo01ll'"S' and the University ofVirginia Law 5chool, as well as a Visiting Fennell to look at how peopl.; began using game theory . Fellow at the Research 5chool of Social 5ciences ofAustralian on (lrtlC1e beh·ave strategically; In 1994 she published an National University. During his years at Illinois he continued game theory and social welfare. his research on criminallaw and procedure, social norms, for a Then in 1996 Fennell made an unusual choice r

and in 2005 he visited the Law 5chool. o,re.l' inequality. Then, a tW future law school professor, she began work on

22 THE UNIVERSITY OF CHICAGO LAW SCHOOL • FALL 2007 Master of Fine Arts degree in creative writing at the and how elected officials exercise authority and control over University ofVirginia. "It was my hrst chance to teach, those agencies. More and more, those assumptions are and I really enjoyed it." being proven wrong. There's a void in our understanding of After graduating in 1998, she spent a fast-paced year at why agencies behave as they do, and we're going to have to the Virginia School Boards Association before accepting a rethink how we ought to go about designing and channeling Bigelow Fellowship at the Law School, where she taught the bureaucracy." legal research and writing and a seminar on distributive Masur became interested in administrative law while justice. "I worked on an article on land use and I wrote attending Harvard Law School. After graduating in 2003 another piece focusing on how people in communities he clerked for ChiefJudge Marilyn Hall Patel of the United affect the value of local public goods like education and States District Court for the Northern District of California, safety in those communities." and then for Judge Richard Afrer completing her Bigelow, Fennell became an assistant Posner of the U.S. Court of professor at the University ofTexas School of Law and in Appeals for the Seventh Circuit. Both were valuable experiences. "In can't look private practice Vou really "The content of the cases at all the side avenues and riddles that the law was less important than the interaction with the judges," presents, Vou only have the time to look at Masur explains. "Law schools what the client and I wanted needs, really tend to present an overly the time for that exploration," theoretical picture of what judges are doing. I was struck - Lee Fennell by how much more pragmatic Jonathan Masur 2004 became an associate professor at the University of and context-oriented they actually Illinois of College Law, where she was promoted to full are. Judge Posner and Judge Patcl don't necessarily go into in professor 2006. She has also been a visiting professor at cases thinking about general, sweeping theories, but their Vale Law the School, N.Y.U. School ofLaw and the University decisions are so well constructed that those types of theories School of ofVirginia Law. sometimes emerge organically." Fennell is very pleased to be back at the Law School, ln 2005 Masur became a Bigelow Fellow at the Law where she will start off this fall teaching Property. "It's School, where he did research in administrative law and absolutely the best law school, but I already knew that from my she notes. "There is so so Bi�elow," much energy and "No other school has a more vibrant intellectual many ideas floating around. It's a wonderful place in terms interesri or a more dedicated ofhaving Ie to community řacultv" eresung peop share ideas with and to help make your work better." - Jonathan Masur

Jonathan Masur: behaviorallaw and economics. The hrst course he teaches as Jonathan . a full member of the will be tirsr-year Criminal Law. Masur also went faculty into legal for reasons virni]1 ar scholarship "I visited a lot of different schools last and I had the to Lee Fe II year, , because the that lntcreSt hi n.ne legal problems chance to the Law School to a few other lm are dlffi . compare quite lCU1 t to I·ore exp m pracnce. But rathcr than Wor Masur notes. "No other school has a more vibrant ki on 1 places," ng d and fi�t . �n social-welfare law, Masur's love is a �se intellectual or a more dedicated cl mmlstrauve community faculty. Everyone "o. . law. uch .. eve tt or . takes an interest in each other's work and ideas and as not acl here, . mmlstrat1ve . bureaucracies are lClmplex an '. cl " a whole the Law School a level of intellectual « generates flt the llltngulllg creatures, he says. A vast number irn . P°rtant that is far greater than the sum of its h decisions in thilS activity parts." � country are made administ . being rť rators, and 6or a 1 I Icd ong Ume scholars have ur)()nr a . legal set of assu mpt10ns abour how policy is made

FAL L 2 o o 7 • T H E UN I V E R S I T Y o F CHI C A G o L A W S C H o o L 23 Faculty Nevvs

FACULTY SCHOLARSHIP 2006-2007

u Albert Alschuler "Tribute to Bernard Meltzer, Kenneth Dam "Conílicts of Interest in "Group Report: What is the

u Celebrating Great 74 University of Chicago The Law-Growth Nexus: Health Care: Who Guards Role of Heuristics in Making

u u Lawyering. Review of Law Review 417 (2007). The Rule of Law and the Guardians?" 50 Law. in Heuristics and the Welsh S. White. Litigating Economic Oevelopment Perspectives in Biology Law 141. G. Gigerenzer and ln The Shadow Of Death: Mary Anne Case (Brookings Institution and Medicine 72 (2007). C. Engel eds. (2006) (with

u Defense ln Pink Forum: From Press 2006). Jonathan Haidt et al.). Attorneys Marilyn u

u Contingent Commissions Capital Cases. 4 Ohio to Mao. 2 Princeton u in Insurance: A Legal and How to Create-or State Journal of Criminal Report on Knowledge u Economic Analysis. 3 Destroy-Wealth in Real Law 223 (2006). (Spring 2007) (available at "Foreiqn Sources and the Inter- u u Competition Policy Propertv 58 Alabama http://prok.princeton.edu/ American Constitution. uThe Mail Fraud & Rico national281 (2007). Law Review 741 (2007). 2-2/forum). 30 Harvard Journal of Law Racket: Thoughts on The u & Public (2006). not u Policy223 "Contract. Regulation: Introduction: Our Igno- Trial of George Ryan. 9 Ronald H. Coase u UCITA and High-Tech rance About Intelligence. Green Bag 2d 113 (2006). uThe Conduct of Economics: Richard A. Epstein Consumers Meet Their 17 Stanford Law & Policy The Example of Fisher Antitrust Consent Oecrees Consumer Protection Review 233 (2006). Douglas Baird u u Body and General Motors. in Theory and Practice: Why Critics. in Consumer u Contracts Stories Introduction: Preemption 15 Journal of Economics Less is More (AEI 2007). Protection in the Age of the u (Foundation Press 2006) in Context, in Federal & Management Strategy 'Information Economy' 205. (editor). Federal Preemption: Ststes' Stetes' Pow- 255 (Summer 2006). Preemption: Jane K. Winn .• ed. (2006). Powets, Nationallnterests ers. National Interests 1. Economics of Contract u u (AEI 2007) (edited with Death without Taxation. Richard A. Epstein and Law (Edward Elgar 2007) Adam Cox u Michael Greve). Chief Executive 56 (June Michael Greve. eds. (2007) (editor). Designing Redistricting u 2007). (with Michael Greve). I nstitutions. 5 Election Overdose: How Excessive u Legal Approaches to Law Journal 41 2 (2006). u · Government Regulation "The Deferred Prosecution Legal Sanity 'Discovered." Restricting Distributions to u Stifles Pharmaceutical Racket. The Wa// Street The Wa// Street Journal Shareholders: The Role of "The Second-Order Innovation (Yale Journal A14 A 17 u University (November 28. (May 24. 2007). Fraudulent Transfer Law. Structure of Immigration u Press 2006). 2006). 59 Stanford Law u 7 European Business Law. Lessons from the Wal-Mart

u Review 809 (2007) (with u u Organization Law Review AIDS drugs: Are Property Double Trouble for American Wars. Chief Executive 36

Eric Posner). u 199 (2006). Rights and Human Rights· Telecoms. Financial Times (September 2006).

u in Conflict?" FTcom (15 u 9 (June 19. 2007). "The Prime Directive. 75 "Selř-Defeafinq Minimalism. Financial May 2007). "Limitinq 105 Law Review u u University of Cincinnati Michigan Drug Crazv The Wa// Disincentives in Live First Impressions 53 (2006). u Law Review 921 (2007) Bid Farewell to Capgains Street Journal A 14 (March Organ Donation: A Rational u (with Robert Rasmussen). Tax. The New York Sun 7 Solution to the "The Temporal Dimension 26.2007). Kidney u u 2007). u (January 5. 6 American of 93 u Shortage. Reconstructing Contracts: Voting Rights. Virginia Ending the Mad Scramble: u Journal of Law Review39 (2007). Transplantation Hamer v. Sidwev, in "Cornpetition Law in Two An Experimental Matching u 2548 (2006) (with R. u Contracts Stories 162. Easy Steps. FTcom Pian for Federal Clerkships. Gaston et. David Currie al.l. Douglas G. Baird, ed. (July 12. 2006). 10 Green Bag 2d 21 "The Civil War u (Foundation Press 2006). Congress. (Autumn 2006). uThe Myth of the Big Bad "Conclusion: Preemption 73 University of Chicago u u Drug Los u Companies. Information. Doctrine and Its "Technoloqv Law Review 1131 (2006). Limits. EU Continues Battle u Angeles Times A39 u and Bankruptcv 2007 in Federal Preemption: Against Microsoft. u (December for a 22. 2006). University of //Iinois Law Prolegomena Stetes' Powers, National FTcom (5 March 2007) u Review305. Sampler. in Congress and u Interests. Richard A. Navigable Waters? the Constitution 18. Neal and Michael u Epstein (Rapanos v. US). National Devins and Keith Whittington. Greve. eds. (2007) (with Law Journal 27 (August 2. eds. (Duke University Michael Greve). 2006). Press. 2005).

24 T H E U N I V E R S I T Y o F CHI C A G o L A W S CH o OL. FAL L 2 o o 7 "A New Year's Resolution 'The Protection of Liberty, "Whaťs Good for Pharma Bernard E. Harcourt "The Road to Racial

" for CEOs: No Special Property, And Equalitv" in is Good for America, Against Prediction: Profiling," in Criminal Oeals," Chief Executive 37 The Oxford Handbook of The Boston Globe E1 Profiling, Policing, and Procedure Stories 315, Carol (Oecember 2006). Political Science 342, Barry (Oecember 3,2006). Punishing in an Actuarial Steiker, ed. (Foundation R. Weingast and Donald Age (University of Chicago Press 2006). "On Wal-Mart: Doing "Why the FDA Must A. Wittman, eds. (2006). Press 2007). Nothing," Preempt Tort Litigation: Good by Ooing R.H. Helmholz 39 Connecticut Law "Risky Orug Business," A Critique of Chevron "Broken Windows? Marriage Litigation in Review 1287 (2007). The Wall Street Journal Deference and a Evidence from New York Medieval England A18 (ApriI23, 2007). Response to Richard City and a Five-City Social "The Optimal Complexity (Cambridge University Nagareda," 1 Journalof Experiment," 73 University Press of Legal Hules." in "The Road to Stagnation," 2007) (paperback Tort Law Article 5 (2006) of Chicago Law Review271 Heuristics and the Law New Zealand Centre for edition). (2006) (with Jens Ludwig). 141, G. Gigerenzer and C. Po/itica/ Oebate Online "Why Parties and Powers "Forevvord." in The Rise Engel, eds. (2006). Forum (March 12, 2007) Both Matter: A Separationist "Carceral Continuities." in 2 and Fal/ of the Eng/ish (available at www.nzcpd. Response To Levinson Carceral Notebooks 3 (2006). "Patenťs Oownward Spiral." Ecclesiastical Courts, com/G uest44. htm). and Pildes." 119 Harvard Flcom (19 July 2006). "Du Oésordre et de la 1500-1860, R. B. Outhwaite Law Review 21 O (2006). "Scalia's Judicial Activism," délinquence: Réflexions (Cambridge 2006). "Patents - to Nationalise, The Wall Street Journal "The Wright Stuff," sur I'importation de la "The Law of Nature and or Otherwise," Ft.corn (7 A 15 (June 29,2007). Regulation 8 (Spring 2007). théorie de la vitre brisée November 2006). the Early History of en France," 2 Cahiers Stock of "You Do the Math!" TNR. Unenumerated Rights in " "Taking Takings: "Pork and Power Guardian. Parisiens 87 (2006). the United 9 An Author's Retrospective," com (March 13,2006). States." co. uk (January 5, 2007). 15 William & Mary Bill of "From the Asylum to the University of Pennsylvania Journal of Constitutional "A Pretextual Taking: The Rights Journal407 (2006). Jacob Gersen Prison: Rethinking the Law 401 Didden "Chevron as a Incarceration Revolution," (2007). Decision." National " Voting "Tribute to Bernard Meltzet Law Journal27 (January Rule," 116 Yale Law 84 Law Review 74 University of Chicago "Marriage Agreements in 8,2007) (with Ilya Somin). Journal676 (2007) (with 1751 (2006). Law Review 427 (2007). Medieval England," in To Adrian Vermeule). "The Problem with "Muslim Profiles Post 9/11 : Have and To Ho/d: Marrying "Trust Busters on the and its Oocumentation in Presidential Signing "Improving Oeference: Is Racial Profiling an The Wall Supreme Court." Western Statements," Chicago Chevron as a Voting Rule," Effective Counterterrorist Christendom, Street Journal A 16 (July Tribune C5 (July 16, 2006). 116 Yale Law Journal Measure and Ooes It Violate 400-1600260, Philip 12,2006). and John .. Pocket Part 235 (January the Right to be Free from Reynolds Witte, ProCD v. Do Zeidenberg: Jr., eds. 2007). "Tunney Act Populism 25, 2007) (with Adrian Oiscrimination?" in Security (Cambridge Doctrine and Function Mix," " in Goes Astrav Flcom Vermeule). and Human Rights 73, Contracts Stories 94, "Ockham's Razor in (September 21, 2006). Benjamin Goold and Liora " Douglas Baird, ed. (2006). "Legislative Rules Revis- American Law, 21 Tulane Lazarus, eds. (Hart " .. and Civil Law "Voluntary and Coercive ited, 74 University of European Produce the fhe Publishing 2007). Body," Forum 109 Wall Action: A Oistinction Chicago Law Review 247 (2006). Street Journal A7 Key in the Overall of (2007). "Reefer Madness: Broken (October 7,2006). System "The Ratio decidendi in Cato Unbound Windows Policing and Liberty," from the "The "Markets and Oiscrimination," England-Evidence Progressive Critique (May 14, 2007). Misdemeanor Marijuana of Free 82 New York University Civilian Tradition." in Ratio Markets," http:// Arrests in New York City, Decdendi: "The War on Plastic," Law Review 689 (2007). Guiding Princip/es WWw.hillsdale.edu/durell/s 1989-2000," 6 Criminology of Judicial Oecisions, W. Regulation 12 (Fall 2006) and Public Policy 165 Peeches_and_articles.asp "Temporary Legislation," Hamilton and (2006). (with Thomas P Brown). Bryson 74 of (2007) (with Jens Ludwig). University Chicago Serge Oauchy, eds. (Ounker Law Review 247 (2007). & Humblot 2006).

FAL L 2 o o 7 • T H E U N I V E R S I T Y o F CHI C A G o L A W S C H o o L 25 EacuIty Nevvs

Review of David O'Avray, Alison LaCroix Review of B.S. Markesinis Martha Nussbaum "Five Questions on Medieval Marriage: "Shooting Alone? The and J6rg Fedtke, eds., The Clash Wfthin: Political Philosophy," in Symbolism and Society Decline of the Civic Vision Judicial Recourse to Foreign Oemocracy, Religious Five Ouestions on Political

" (2005), 121 English Historical of the Second Amendment, Law: A New Source of Violence, and India 's Philosophy 83, Morten Review 1444 (2006). Review of Saul Cornell, A Inspiration?, 341nternational Future (Harvard University Ebbe Juul Nielsen, ed. We//-Regulated Milftia: The Journal of Legal Information Press 2007). (Automatic Press 2006). Review of Elizabeth M. Founding Fathers and the 606 (2006). " Makowski, uA Pernicious Een Waardig Bestaan: "Gewetenswrijheid, Origins of Gun Control in Sort of Woman ": Ouasi- Over dierenrechten 99 Algemeen Nederlands America, http://www.hnet Anup Malani Religious Women and (Ambo/Anthos 2007) Tidschrift voor Wijsbegeerte .org/ -Iaw/ (H-Law 2006). Extending the Cure: Policy Canon Lawyers in the (translation of section of 67 (2007) (Dutch version Responses to the Growing Later Middle Ages (2005), Frontiers of Justice). of article forthcoming William Landes Threat of Antibiotic 24 Law & History Review in Journal of Human "The Economic Analysis Resistance, (Resources for The Ethics and Politics 676 (2006). Development) . of Art Law," in 1 Handbook the Future 2007) (with of Compassion and Review of Paul Mitchell, of the Economics of Art Ramanan Laxminarayan, Capabilities (University of "Introduction." in The The Making of the Modem and Culture 212, Victor A. assisted by David Howard Hong Kong Faculty of Law Family and Individual Law of Oefamation (2005), Ginsburgh and David and David Smith). 2007) (with J. Chan, J. Oevelopment xiii, D.W. 27 Journal of Legal History Throsby, eds. (Elsevier BV. Lau, and C. Jiwei). Winnicott (Routledge 2006). "Habeas Settlements," 92 211 (2006). 2006) (with Daniel B. Levine). Virginia Law Review 1 (2006). Las fronteras de la justicia "Jihad, McWorld, Modernity: "Thomas More and the Public Intellectuals Debate Saul Levmore (Paidos 2006) (translation Canon Law," in Medieval Abner Mikva of Frontiers of Justice: the 'Clash of Civilizations,'" "Deceptive Judging," Church Law and the "Corporate Gifts to Obama? 1 50- 1 85 (2006) University of Chicago Law Oisability, Nationality, Salmagundi of the Western It Never Happened," (roundtable Origins Review (2007). Species Membership). participation), Legal Tradition: ATribute Chicago Sun-Times 39 Also translated into Dutch "Law and Literature: "Don't Privatize Future Reply to Kenneth Pennington by (May 14, 2007). as Grensgebieden van het to Amnon Reichman," 56 375, Wolfgang Muller and Selling State Lottery," Rccht (Ambo 2006). Journal of Legal Educetion Mary Sommar, eds. C23 Thomas J. Miles "Boerkaverbod komt voort 320 (2006). (Catholic University of (February 5, 2007). "Do Judges Make Regulatory uit irrationele NRC An anqst." America Press 2006). '" Policy? Empirical "Radical Evil in the Lockean Parental Leave Other and " Handelsblad (December I of Chevron, 5, nvestigation State: The Neglect of the Embarrassments," Case title 73 of 2006) (English M. Todd Henderson University Chicago Political 3 Western Reserve Law Emotions," Law Review 823 "Fearing Stranqers"). "Prediction Markets for (2006) Journal of Moral Review (2007). Philosophy (with Cass R. Sunstein). t t Corporate Governance," "Compassion and Terror, 159 (2006). Also published 82 University of Notre "Taxing Obesity - Or in The Faces of in version in "Economic Contributions Many longer Oame Law Review 1343 Perhaps the Opposite." 53 Patriotism 15, Oemocracy and the New to the Understanding of Philip Michael (2007) (with Cleveland State Law ed. (Rowma n & Pluralism 171, Crirne," 2 Annual Review of Abbott, Religious Abramowicz). Review 575 (2005). Littlefield 2007) Thomas Banchotf, ed. (Oxford Law & Social Science 147, (reprint of earlier article). University Press 20071- "A Theory of Deception John Hagan, ed. (2006) Dennis J. Hutchinson Steven D. and Then of Common Law (with Levitt). "Fears for in 1 O Journalof The Supreme Court Democracy "Replies," Categories," University of 53 Chronicle of Ethics 463 (2006) (special Review 2006 (edited with "The Real Judicial Activists," India," Texas Law Review (2007). Education B6 issue on Professor Nuss� David A. Strauss and 18 American Prospect 9 Higher (May 18, 2007). baurn's work). Geoffrey R. Stone). "Tribute to Bernard Meltzer," (January/February 2007) (with Cass R. Sunstein). 74 University of Chicago "Feminism, Virtue, and Review of Catherine A. Joseph Isenbergh Law Review409 (2007). Objectification," in Sex MacKinnon, Are women International Taxation, 4th Phil C. Neal 31 and Ethics: Essays on Human 7, The Nation edition (CCH 2007) (4 "Tribute to Bernard Meltzer," Lyonette Louis-Jacques Sexuality, Virtue, and the (July 31-August 7,2006). volumes). 74 of "International Calendar." University Chicago Good Life 49, Raja Law Review425 (2007). 34 International Journal of Halwani, ed. (Palgrave Legal Information457 (2006). MacMillan 2007).

26 T H E U N I V E R S I T Y o F CHI C A G o L A W S C H o OL. FAL L 2 o o 7 Extract from Sex and Randal Picker "Apply the Golden Rule to "Social Norms and "Common Law Economic Socia! Justice (Oxford "Latte Serves Up a Lesson al Oaeda?" The Watt Street Economic Analysis of the Torts: An Economic and

t t University Press 1999) in in Bootleg Economics." Journa! A9 (July 15, 2006). Law, in Economic Legal Analysis," 48 Arizona The Human Rights Reader Chicago Tribune C7 Ana!ysis of Law: A Law Review 735 (2006). "Chevronizing Foreign 422, Micheline Ishay, ed. (October 8, 2006). European Perspective, Helations." 11 6 Ya/e Law "The Constitution in a (Taylor & Francis 2007). Aristides N. Hatzis, ed. "Mistrust-Based Digital Journa/ 1171 (2007) (with Time of National Emergency: (Edward Elgar 2007). "Sócrates na universidaade Rights Management," 5 Cass Sunstein). An Interview with Judge religiosa," in Entre A Journa/ on Te/ecommuni- "There Are No Penalty ." 70 Socia/ "Emergencies and Dúvida e o Dogma 9, D. cations & High Technoloqv Default Rules in Contract Education 446 (2006). Democratic Failure," Dinia, S. Bulgione, and Law47 (2006). l.avv," 33 F/orida State 92 Virginia Law Review "The Constitution vs. R.R. Rios, eds. (Letras University Law Review "Of Pirates and Puffy 1091 (2006) (with Adrian Counterterrorisrn." The Livres 2006) (reprint of ch. 563 (2006). Shirts." Virginia Law Vermeule) . Wa// Street Journa/ A 12 8, Cu!tivating Humanity: A Review /n Brief (2007) "What the Cold War Taught (August 22, 2006). C/assica/ Defense of Reform "The Humanitarian War (available at http://www. us.: The Wa// Street in Libera! Education). Myth," Washington Post Debate with Geoffrey R. virginialawreview.org/inbri Journa/ A9 (April 21,2007).

" B7 (October 1, 2006). Stone on Civil Liberties "Teaching Humanity, ef.php ?s=inbrief&p=2007/ and National Security, Newsweek /nternationa/ 01/22/picker). "International Law and the Richard Posner University of Chicago Law 69 (August 21-28,2006). Rise of China," 7 Chicago Economic Ana/ysis of Review of Hovenkamp, School Faculty Blog, Jouma/ of /nternationa/ Law Law, 7th edition (Aspen "The Therapy of Desire in The Antitrust Enterprise: http://uchicagolaw.type- 1 (2006) (with John Yoo). Law & Business 2007). Hellenistic Ethics." in Antike Princip/e and Execution, pad.com/ (June 19, 2006).

Phi/osophie Verstehen 2 Competition Policy "The Law of Other The Litt/e Book of "Dernand and Supply 218, Marcel van Ackeren International 183 (2006). States." 59 Stanford Law P/agiarism (Pantheon Trends in Federal and and Jórn Muller, eds. Review 131 (2006) (with Press 2007). State Courts over the Last (WBG 2006) (reprint of ch. Eric Posner Cass Sunstein). Not a Suicide Pact: The Half Centurv" 8 Journa/ of 13, The Therapy of Desire: New Foundations of Cost- "On from Constitution in a Time of Appe//ate Practice and Theory and Practice in Benefit Ana/ysis (Harvard Learning Others." 59 Stanford Law Nationa/ Ernergency (Oxford Process 133 (2006). He//enistic Ethics). University Press 2006) Review 1309 (2007) (with University Press 2006). (with Matthew Adler). "Tribute to Bernard "Enlightened Despot." Meltzer," Cass Sunstein). 74 The Becker-Posner B/og, Review of Aharon Barak, University of Chicago Socia/ Norms, Non/ega/ Law Review of Tal Becker, http://becker-posner-blog. The Judge in a Oemocracy, Review 431 (2007). Sanctions, and the Law Terrorism and the State: com/ (with Gary S. Becker). New Repub/ic 53 (April .. (Edward Elgar 2007) 'Whether from Reason or the Ru/es of 23, 2007). (editor). Rethinking Prejudice': Taking "Censorship versus Money State Responsibi/ity, 121 for Freedom of in in The Power Bodily Services," in Expression "Forevvord." Terror in the Ba/ance: Po/itica/ Science Ouarter/y Prostitutian and the Arts." in 1 Handbook to Legis/ate: A Reference Pornography: Security, Liberty and the 505 (2006). Philosophical Oebate of the Economics of Art Guide to the United States about Courts (Oxford University the Sex "The Second-Order and 'Cu/ture 309, Victor A. Constitution xiii, Richard Industry 175, Jessica Press 2007) (with Adrian SP8Ctor, ed. Structure of Ginsburgh and David E. Levy (2006). (Stanford Vermeule). Immigration University Press 2006) l.avv," 59 Stanford Law Throsby, eds. (2006) (with "How to Make the Poor (reprint of "A 1998 article). Better Way on Detainees," Review 809 (2007) (with Tun-Jen Chiang). Poorer," The Wa// Street Washington Post A 17 Adam Cox). "Winnicott on the "Cognitive Theory as the Journa/ A22 (Jan. 26, Su . (August 4, 2006) (with rpnses of the Ground of Political S. Self," 47 Jack "Signing Statements: lťs Theory 2007) (with Gary Becker). Massachusetts Goldsmith). Review a Presidenťs Right," Boston in Plato, Popper, Dewey, 375 '''How to the (2006), "Agencies Should Skip reprinted as a Ignore G/obe A 11 (August 3, 2006) and Havek." in Cognition . Constitution'-An 5eparate book LM' Exchange mmcott Distant-Future Generations." Curtis and Economics 253, on (with Bradley). rhe 74 [with David Celel." New Surprises of the University of Elisabeth Krecké, Carine Self Chicago 132 Law York Review of Books 63 (Paradigm 2007). Review 139 (2007). Krecké, and Roger G. (January 11, 2007). Koppl, eds. (2007).

FAL L 2 o o 7 • T H E U N I V E R S I T Y o F CHI C A G o L A W S C H o o L 27 Faculty News

"In Defense of Plagiarism: "The Role of the Judge in Geoffrey R. Stone "Gays Kept Separated; "Taking Liberties." Review No Harm, No Foul Is the Twenty-First Centurv" Constitutiona! Lew, 2007 Church and State Not." of John Yoo, War by Other What the Law Ought to 86 Boston University Law Annua! Supp!ement (with Chicago Tribune C9 Means: An lnsider's Be." Forbes 32 (January Review 1049 (2006). Louis M. Seidman, Cass R. (November 19, 2006). Account of the War on

" 29,2007). Sunstein, Mark V. Tushnet, Tetro; Washington Post "Tirne to Rethink the FBI," "Government Secrecy v. and Pamela Karlan). T06 (November 5,2006). "Judicial Autonomy in a The Wall Street Journa! Freedom of the Press." 1 Political Environment," 38 A13 (March 19, 2007). The First Amendment, Harvard Law and Po!icy "Tribute to Bernard Arizona State Law Review 2007 Annua! Supp!ement Review 185 (2007). Meltzer," 74 University of " "Tribute to Bernard Meltzet 1 (2006). (with Louis M. Seidman, Chicago Law Review 439 74 University of Chicago "Half a Shield Is Better Cass R. Sunstein, Mark V. (2007). "Law Reviews," 46 Law Review 435 (2007). than None." New York Tushnet, and Pamela Karlan). Washburn Law Journa! Times A21 (February 21, "U.S. Needs to Hear Bush "We Need Our Own 155 (2006). The Supreme Court 2007). Admit Errors." Chicago M15," Washington Post Review 2006 (edited with Tribune C13 (January 16, "The Lessons of Toronto A 13 (Aug. 15,2006). "An Independentand Dennis J. Hutchinson and 2007). " and Domestic Intelligence," Fearless Judiciarv "Vvhat Is Lawand David A. Strauss). Chicago Tribune C21 Chicago Tribune C21 "What It Means to Be a Economics Today? An (June 8,2006). War and Liberty: An Amer- (August 24,2006). l.iberal." Chicago Tribune American View," 1 New ican Oi!emma from 1790 C17 (October 10,2006). "The New Market for Frontiers of Law and "A Lawyer's Responsibil­ to the Present (w. W. Federal Judicial Law Economics 89 (2006). ity: Protecting Civil Liber­ "The Wrong Side of Norton 2007). Clerks." 74 University of ties in Wartime," 22 Historv" Chicago Tribune Chicago Law Review 447 Julie Roin "Advice to a Scholár;" in Washington University C17 (June 12, 2007). (2007) (with Christopher "Can Income from Capital The Common Man and Law Review47 (2006). Avery, Christine JolIs, and Be Taxed? An International Uncommon Man: Lior Strahilevitz "The Lessons of Historv." Alvin E. Roth). Perspective," in Taxing Remembering Justice "'How's My Driving?' 28 Nationa! Security Law Capita!!ncome 211, Henry William J. Brennan, Jr. 56, for Everyone (and "Posner Responds to Stone Report 1 (September 2006). J. Aaron, Leonard E. Burman, E. Joshua Rosenkranz and Everything?)," 81 New Proposal." American and C. Eugene Steuerle, Thomas M. Jorde. eds. "A Narrow View of the York University Law Constitution Society Oebate eds. (Brookings 2007). (New York University l.aw," Chicago Tribune Review 1 699 (2006). Series, http:// www.acsblog. Press 2006). C17 (February 6, 2007). org/bill-of-rights-3048- "The Economic Underpinning "Information Asymmetries debate-series-posner­ of International Taxation." "Civil Liberties v. National "Our Faith-Based Justices," and the Rights to responds-to-stone-proposa I. in Research Handbook in Security in the Law's Chicago Tribune C19 (April Exclude," 1 04 Michigan html (September 21,2006). !nternationa! Economic Open Spaces: The Role 30,2007). Law Review 1 835 (2006). Law 305, Andrew Guzman of Judges in the 21 st "Posner to Stone Responds " "Press "Wealth Without Markets?" and Alan Sykes, eds. Centurv 86 Boston Freedoms," Responding to Posner," 2007). 11 6 Ya!e Law Journa! (Edward Elgar 2007). University Law Review Commentary6 (May American Constitution 1472 (2007). 1315 (2006). "Prosecuti the Press for Society Oebate Series, ng Adam Samaha Publishing Classified http://www.acsblog . org/bi I "Civil Union Bill an Apt David Strauss "U ndue 59 Procese." I nřorrnation." 2 Fordham l-of-rights-3044-debate­ Cornprornise." Chicago The Supreme Court Stanford Law Review 601 !nternationa! Law Journa! series-pos ner-responds-to­ Tribune C17 (March 26, Review 2006 (edited with (2006). 93 (2006-2007). stone-responding-to-posner. 2007). Dennis J. Hutchinson and html "Undue Process: R. (September 25,2006). and Geoffrey Stone). "Free Speech and "Religious Rights Referral and Congressional Tribune Review of Steven Shavell, Academic Politics: Review Wrongs," Chicago Judicial Resistance in the Cass Sunstein C27 Foundations of Economic of Donald Alexander (July 26,2006). Schiavo Controversy," 22 Are Judges Po!itica!? An Ana!ysis of l.ew, 44 Downs, Restoring Free Constitutiona! Commentary "Secrecy: The Enemy of Empirica!!nvestigation of the Journa! of Economic Speech and Liberty on 505 (2005). Democracy," Chicago Federa! Judiciary (Brookings Literature 405 (2006). Cempus," 4 Perspectives Tribune C7 (December 17, Institution Press 2006) (with on Po!itics 740 (Cambridge 2006). David Schkade, Lisa Ellman, University Press 2005). and Andres Sawicki).

28 T H E U N I V E R S I T Y o F CHI C A G o L A W S C H o OL. FAL L 2 o o 7 Infotopla: How Many Minds "Costing Mead," 116 Yale "Minimalists vs. visionaries," "Timing Controversial Diane Wood Produce Knowledge (Oxford Law Journal Pocket Part washingtonpost. com Decisions." 35 Hofstra "Antitrust Modernization: University Press 2006). 79 (2006). (June 28, 2007). Law Review 1 (2006). Who Needs It? Who Wants lt?" IV Current t t Radicals in Robes: Why "Do Judges Make Regula- A New Progressivism," 17 "Trioute to Bernard Meltzer," Competition Law 423, Extreme Right-Wing Courts tory Policy? An Empirical Stanford Law and Policy 74 University of Chicago Philip Marsden and Michael Are Wrong for America Investigation of Chevron." Review 197 (2006). Law Review443 (2007). Hutchings, eds. (British (Basic Books 2005). 73 University of Chicago "Oř Montreal and Kyoto: A "U.S. and China Must Be Institute of International Law Review 823 (2006) and Law The Second Bill of Rights: Tale of Two Protocols." 31 Persuaded to Get in the Comparative 2005). (with Thomas Miles). Harvard Environmental Franklin Delano Roosevelťs Game," Guelph Mercury " Cuno v. Daimler Chrysler; Unfinished Revolution and "Ginsburg's dissent may Law Review 1 (2007). A 10 (August 21, 2006). Inc.: State 'Aids' from an We Need It More vet prevail." Los Angeles Why " "Of Snakes and Butterflies: "The Virtues of Sirnplicitv American Perspective," 6 Than Ever (Basic Boo ks Times 31 (April 20, 2007). A Reply," 1 06 Columbia 116 Yale Law Journal European State Aid Law edition). 2006) (paperback t t "Ideological Amplification, Law Review 2234 (2006). Pocket Part 70 (2006). Quarterly 3, Andreas "The Availability Heuristic, 14 Constellations 273 (2007). Bartosch, ed. (2007). "On Discounting "Where are the liberal Intuitive Cost-Benefit "I ncompletely Theorized Regulatory Benefits: Risk, visionaries on the "'Originallntenť Versus Climate Analysis, and '" Agreements in Money, and Intergenerational Supreme Court?" TNR 'Evolution, The Scrivener Chanqe." 77 Climatic Constitutional t.avv." 74 Equity," 74 University of Online (June 15, 2007). 7 (Summer 2005) (also Change 195 (2006). Socia/ Research 1 (24) (2007). Chicago Law Review 171 published in 2007 Green "Beyond Marbury: The (2007) (with Arden Rowell). David A. Weisbach Bag A/manac & Reader 267). "Introduction: Symposium Executive's Power to Say "Introduction: Symposium "Private on I ntergenerationa I Eq u ity "On the Divergent American Dispute What the Law ls." 115 on Intergenerational Equity and Discounting," 74 Reactions to Terrorism and Resolution in International Yale Law Journal2580 and Discounting," 74 University of Chicago Law Climate Change," 1 07 t.aw." Research Handbook (2006). University of Chicago Law Review 1 (2007) (with Columbia Law Review 503 in /nternationa/ Economic Review 1 (2007) (with "Burkean Minimalism," David Weisbach). (2007). Law chapter 14, Andrew Cass Sunstein). 105 Michigan Law Review T Guzman and Alan O. "It Could Be Worse," The "On Learning from Others." 353 (2006). "Paretian I ntergenerational Sykes, eds. (2007). ?? New Repub/ic 32 (October 59 Stanford Law Review .. 74 A t t Discounting," University Brave New Wikiworld, 16, 2006). 1309 (2007) (with Eric The of Chicago Law Review 145 Washington Post Al 9 Posner). "The Law and Economics (2007) (with Dexter Samida). (February 24, 2007). of Com pany Stock in "Problems With Minimal- "Should We Tax "The Case for Capital Fear," The 401 (k) Plans." 50 Journa/ isrn." 58 Stanford Law Income? Comments on New Republic 29 (December of Law and Economics 45 Review 1899 (2006). 11,2006). Zodrow and Toder and (2007) (with Richard "The Real Judicial Activists." Hueben." in Taxing Capital Thaler, Schlomo God, Bernarzi, "Celebrating The American Prospect 9 /ncome 143, Henry J. and Utkus). 83 Stephen Constitutionally," (January-February 2007) Aaron, Leonard E. Burman, Unl'o'ersity of Detroit "The Law of Implicit (with Thomas J. Miles). and C. Eugene Steuerle, Mercy Law Review 567 Bias," 94 California Law eds. (Brookings 2007). (2006) (McElroy "Second-Order Perfection- Lecture). Review 969 (2006) (with "The of an '. Superiority "Chevr Christine isrn." 75 Fordham Law onlzlng Foreign Jolls). Review 2867 (2007). Ideal Consumption Tax Law," 116 Yale �tlOnS "The Law of Other over an Ideal Income Tax," Journa/1170 "The Survival of the (2007) States," 59 Fattest." 58 Stanford Law Review fwtth Enc Stanford Law Posner). The New Repub/ic 59 Review 131 (2006) (with 1413 (2006) (with Joseph Eric (March 19, 2007) (with -ChurCh. state and Posner). Bankman). 1altOaver .. Richard H. Thaler). s. The Boston � Dg (March "Limiting Climate Change: 11. 2007). The "The Thin Line," The New Neglected Obstacle." The Repub/ic 51 21,2007). Washington Post A21 (May (August 18, 2006).

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