BOOKS-ON-LAW/From the Editors - December 2000; v.3, no.9

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JURIST: Books-on-Law is edited by Ronald K.L. Collins and David Skover of the Seattle University School of Law

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This Month’s Issue: Law & Economics

Law & Economics has come in full force to Books-on-Law. We are pleased to feature reviews of five of the most significant law & economics works published in 2000. To begin, Eric Posner examines David Friedman's Law's Order: What Economics Has to Do with Law and Why It Matters, and the author replies. David Friedman then takes his turn as reviewer in commenting on Robert Cooter's The Strategic Constitution, an economic analysis of political institutions. Next, Lawrence Mitchell takes on Robin Paul Malloy's Law and Market Economy: Reinterpreting the Values of Law and Economics, and Malloy returns the volleys. Marygold Melli explores Margaret Brinig's latest economic treatment of family law, From Contract to Covenant: Beyond the Law and Economics of the Family. Sidney DeLong ends this special issue on law & economics with his review of Eric Posner's Law and Social Norms. Finally, and not in the law-and-econ vein, Ronald Collins offers an extended look at Freedom of Expression in the Supreme Court: The Defining Cases, edited by Terry Eastland.

Disagree with a review? Talk back to us. We invite your input . . . even if you are not an economist!

Looking for a book on law & economics dealing with some other topic? Check the selection listed in our Book Notices.

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Richard A. Posner & His Books on Law

In the context of this special issue on law & economics, what is more appropriate than focusing on Chief Judge Posner, one of the most prolific scholars in the subject and, indeed, one of the most prolific American jurists of all time. He has authored, co-authored, edited, or co-edited some 30 books, totaling well over 10,000 pages. And that does not include the books to which he has contributed, the scholarly articles he has published, the judicial opinions he has written, the testimony he has offered before legislative committees, the courses he teaches, or the many other activities in which he has been engaged. In time, Chief Judge Posner may outpublish even the late William O. Douglas, who penned 43 books in his lifetime. (In Honor of Justice Douglas, Robert H. Keller, Jr., editor (Greenwood Press, 1979))

Remarkably, Posner typically publishes at least one book every year – this while continuing as one of the most productive sitting jurists in the nation. Chief Judge Posner's books (listed below) and articles have been cited in many U.S. Supreme Court opinions, in numerous opinions of lower federal and state courts, and in countless law review articles. (For a recent critique of his work, see James Ryerson's commentary in Lingua Franca.)

Posner's Books

2001

  • Frontiers of Legal Theory (Harvard University Press, May 2001)
  • The Economic Structure of the Law: The Collected Essays of Richard A. Posner (Edward Elgar Publishing, February 2001)

2000

  • "But That Is What Intellectuals Are Good For…": The Academic Public Intellectual in America (unpublished, June 2000)

1999

  • An Affair of State: The Investigation, Impeachment, and Trial of President Clinton (University of Chicago Press, 1999) [see Ronald Dworkin's review]
  • The Problematics of Moral and Legal Theory (Harvard University Press, 1999)
  • Natural Monopoly and Its Regulation (Cato Institute, 1999)

1998

  • Law and Literature (Harvard University Press, 2nd edition, 1998)

1997

  • Aging and Old Age (Harvard University Press, 1997)
  • Law and Legal Theory in England and America (Oxford University Press, 1997)
  • Law and Economics, Richard Posner & Francesco Parisi, editors (International Library of Critical Writings in Economics, No. 81) (Edward Elgar Publishing, 1997)

1996

  • The Federal Courts: Challenge and Reform (Harvard University Press, 2nd edition, 1996)
  • A Guide to America's Sex Laws, Richard Posner, editor & Katharine B. Silbaugh, contributor (University of Chicago Press, 1996)

1995

  • Overcoming Law (Harvard University Press, 1995)

1994

  • Sex and Reason (Harvard University Press, 1994)

1993

  • The Problems of Jurisprudence (Harvard University Press, 1993)
  • Cardozo: A Study in Reputation (University of Chicago Press, 1993)
  • Private Choices and Public Health: The AIDS Epidemic in an Economic Perspective, Tomas J. Philipson & Richard A. Posner (Harvard University Press, 1993)

1992

  • The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions, and Other Writings of Oliver Wendell Holmes, Jr. , Richard Posner, editor (University of Chicago Press, 1992)

1990

  • Law and Literature: A Misunderstood Relation (Harvard University Press, 1990)

1987

  • The Economic Structure of Tort Law, William M. Landes & Richard A. Posner (Harvard University Press, 1987)

1982

  • Tort Law Cases and Economic Analysis (Little, Brown, 1982)

1981

  • The Economics of Justice (Harvard University Press, 1983)

1980

  • Economics of Corporation Law and Securities Regulation, Richard Posner & Kenneth Scott (Little, Brown, 1980)
  • Antitrust Cases, Economic Notes, and Other Materials, Richard Posner & Frank Easterbrook (West Publishing, 1980)

1978

  • The Economics of Contract Law, Anthony T. Kronman & Richard Posner (Little Brown, 1978)

1976

  • Workload of the Supreme Court: A Theoretical and Empirical Study, Gerhard Casper & Richard A. Posner (American Bar Foundation, 1976)
  • Antitrust Law: An Economic Perspective (University of Chicago Press, 1976)

1973

  • Economic Analysis of Law (Little, Brown, 1973)

Additional Works (undated)

  • Economics, Time, and Age
  • Regulation of Advertising by the FTC
  • Robinson-Patman Act: Federal Regulation of Price Difference (American Enterprise Institute)
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Forthcoming

As is the tradition of Books-on-Law, the January issue is always "Jurists on JURIST." This year, however, we are featuring reviews exclusively by federal and state jurists sitting in one state. Moreover, we have an abundance of riches from the 13 judges from Washington State who agreed to contribute, and are going to run two consecutive issues of "Washington Jurists on JURIST." The January, 2001 issue is scheduled to contain the following:

  • M. Margaret McKeown (9th Circuit Court of Appeals), reviewing Michael Gerhardt, The Federal Appointments Process (Duke University Press, 2000)
  • Gerry L. Alexander (Washington Supreme Court), reviewing David N. Atkinson, Leaving the Bench – Supreme Court Justices at the End (University Press of Kansas, 1999)
  • Faith Ireland (Washington Supreme Court), reviewing Michael S Lief, H. Mitchell Caldwell, and Benjamin Bycel, Ladies and Gentlemen of the Jury: Greatest Closing Arguments in Modern Law (Simon & Schuster, 1998)
  • Philip A. Talmadge (Washington Supreme Court), reviewing Robert Justin Lipkin, Constitutional Revolutions: Pragmatism and the Role of Judicial Review in American Constitutionalism (Duke University Press, 2000)
  • Elaine Houghton (Washington State Court of Appeals, Division II), reviewing Neal Feigenson, Legal Blame: How Jurors Think and Talk about Accidents (American Psychological Association, 2000)
  • William Downing (King County Superior Court), reviewing Jay Feinman, Law 101 (Oxford University Press, 2000)

Ronald K.L. Collins & David M. Skover, Editors, Books-on-Law
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JURIST: Books-on-Law is edited by Ronald K.L. Collins and David M. Skover of the Seattle University School of Law.

Board of Editorial Consultants: Raj Bhala, George Washington University Law School; Miriam Galston, George Washington University Law School; Kermit Hall, Ohio State University College of Law; Yale Kamisar, University of Michigan Law School; Lisa G. Lerman, Catholic University of America School of Law; Christine Littleton, University of California at Los Angeles Law School; David M. O’Brien, University of Virginia Department of Government and Foreign Affairs; Judith Resnik, Yale Law School; Edwin L. Rubin, University of Pennsylvania Law School; Steven H. Shriffrin, Cornell Law School; Nadine Strossen, New York Law School; David B. Wilkins, Harvard Law School.

Administrative Assistant for Books-on-Law: Ms. Nancy Ammons
Technical Assistant for Books-on-Law: Steven Pacillio, Esq.

© Ronald K.L. Collins and David Skover, 2000.

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