Director, Office of Academic Publishing
Professor of Law
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A Practical Companion to the Constitution: How the Supreme Court has Ruled on Issues from Abortion to Zoning, The 2006 Supplement. (Dialogue Press Inc., 2006).
A Practical Companion to the Constitution: How the Supreme Court has Ruled on Issues from Abortion to Zoning, The 2005 Supplement. (Dialogue Press Inc., 2005).
Eight Blocks Away: Memoirs of September 11, 2001 (New York Law School, 2002) (Editor).
Teacher's Manual for the Lawyer's Craft. (Anderson Publishing, 2002) (with J. Lieberman, R. Ruescher, L. Su & D. Epstein).
The Lawyer’s Craft: An Introduction to Legal Analysis, Writing, Research, and Advocacy. (Anderson Publishing, 2002) (with C. Glaser, R. Ruescher, L. Su & E. Mills).
A Practical Companion to the Constitution: How the Supreme Court has Ruled on Issues from Abortion to Zoning. (University of California Press, 1999) (Annual Supplements).
Redress and Freedom: Harm and the Limits of the State. [Columbia University Ph.D. dissertation] (UMI Microform, 1995).
Business Law & the Legal Environment. 3rd ed. Harcourt Brace Jovanovich, 1992 (with G.J. Siedel); 2nd ed., Harcourt Brace Jovanovich, 1988; 1st ed., Harcourt Brace Jovanovich, 1985.
The Evolving Constitution: How the Supreme Court Has Ruled on Issues From Abortion to Zoning. Random House, 1992 (Annual Supplements, 1994–1996, Dialogue Press).
The Lawyer’s Guide to Writing Well. 2nd ed. (University of California Press, 2002) (with T. Goldstein).
The Legal Environment of Business. Harcourt Brace Jovanovich, 1989 (with G.J. Siedel).
The Enduring Constitution: A Bicentennial Perspective. West, 1987.
Also published as The Enduring Constitution: An Exploration of the First 200 Years. Harper & Row, 1987.
Stroock, Stroock & Lavan: An Informal History of the Early Years, 1876 to 1950. Stroock, Stroock & Lavan, 1987.
The Manager’s Guide to Resolving Legal Disputes: Better Results Without Litigation. Harper & Row, 1985 (with J.F. Henry).
The Role of Courts in American Society: The Final Report of the Council on the Role of the Courts. West, 1984 (Principal Editor).
Checks and Balance: The Alaska Pipeline Case. Lothrop, Lee & Shepard, 1981.
The Litigious Society. Basic Books, 1981; paperback edition, Harper Colophon, 1983; Japanese translation, Toshiaki Hasegawa, 1993.
Free Speech, Free Press, & the Law. Lothrop, Lee & Shepard, 1980.
Crisis at the Bar: Lawyers’ Unethical Ethics And What to Do About It. W.W. Norton, 1978.
Privacy & the Law. Lothrop, Lee & Shepard, 1978.
Milestones! 200 Years of American Law: Milestones in Our Legal History. West & Oxford University Press, 1976.
The Complete CB Handbook. D. McKay Co., 1976 (with N.S. Rhodes); paperback editions, Avon, 1976–1980.
How the Government Breaks the Law. Stein & Day, 1972; paperback edition, Penguin Books, 1973.
The Tyranny of the Experts: How Professionals and Specialists are Closing the Open Society. Walker, 1970.
Are Americans Extinct? Walker, 1968.
Understanding Our Constitution. Walker, 1967; paperback edition, Fawcett Crest, 1968.
Court In Session. Sterling, 1966.
“Toward a Theory of Injury.” Chapter in Pernicious Ideas and Costly Consequences: The Intellectual Roots of the Torts Crisis, at 99–115. National Legal Center for the Public Interest, 1990.
“To Reach and Teach the Public, Write Better.” Chapter in Understanding the Law: A Handbook on Educating the Public, at 23–28, edited by R.S. Peck & C.J. White. American Bar Association Press, 1983. Reprinted in 32 Virginia Bar News 9–13 (October 1983).
“Some Reflections on Self-Regulation.” In Chapter The Professions and Public Policy, at 89–97, edited by P. Slayton & M.J. Trebilcock. University of Toronto Press, 1978.
“How to Avoid Lawyers.” Chapter in Verdicts on Lawyers, at 105–117, edited by R. Nader & M. Green. Thomas Y. Crowell, 1976.
"Bad Writing: Some Thoughts on the Abuse of Scholarly Rhetoric" (New York Law School Faculty Presentation Day II), 49 New York Law School Law Review 649-664 (2004-2005).
“The Art of the Fact.” 5 Legal Writing 25–54 (1999).
Book Review of Silencing the Opposition: Government Strategies of Suppression of Freedom of Expression, by Craig R. Smith. 13 New York Law School Journal of Human Rights 699–712 (1997).
“Harlan Without Relish.” Review of John Marshall Harlan: Great Dissenter of the Warren Court, by Tinsley E. Yarbrough. 36 New York Law School Law Review 243–254 (1991).
“Lessons from the Alternative Dispute Resolution Movement (Symposium on Litigation Management).” 53 University of Chicago Law Review 424–439 (1986).
Book Review of Partisan Justice, by Marvin E. Frankel. 27 New York Law School Law Review 695–697 (1981).
“Putting Law Into Ethics.” Liberal Education, Summer 1979, at 259–265.
“The Relativity of Injury.” 7 Philosophy & Public Affairs 60–73 (Fall 1977).
“Will Courts Meet the Challenge of Technology?” 60 Judicature 84–91 (1976).
“Cafeteria Workers Revisited: Does the Commander Have Plenary Power to Control Access to his Base?” 25 Judge Advocate General Journal (Navy) 53–56 (1970).
“Developments in Antitrust During the Past Year.” 39 Antitrust Law Journal 578–629 (1970).
“Note on Elfbrandt v. Russell and Loyalty Oaths.” 2 Harvard Civil Rights-Civil Liberties Law Journal 160–165 (1966).
Fifty Years a Typesetter: Adventures in Printing Together with Some Meditations on Theory and Craft. (The Press at James Pond, 2003).
Essay in Eight Blocks Away: Memoirs of September 11, 2001 at 147–150 (New York Law School, 2002).
FDR Scoops the News, and the News Strikes Back, Entry in The Yale Daily News at 125 at 105. (New Haven: OCD Foundation, 2003).
“Legalization.” Essay in International Encyclopedia of the Social & Behavioral Sciences, Volume 13, at 8693–8697 (N.J. Smelser & P.B. Baltes, eds.). Elsevier, 2000.
Essays in Encyclopedia ENCARTA (Microsoft CD-ROM, 1999).
“Freedom of Assembly.” Entry in The World Book Encyclopedia, Volume 7, at 504–505. World Book, 1999.
“Freedom of Speech.” Entry in The World Book Encyclopedia, Volume 7, at 506–507. World Book, 1999.
“Freedom of the Press.” Entry in The World Book Encyclopedia, Volume 7, at 507–508. World Book, 1999.
“An Editing Checklist (Plum Paper No. 1).” Dialogue Press, 1993 (with T. Goldstein).
“Ruminations on a Crescendo of Litigation.” National Forum, at 3–8 (Fall 1991).
“Lessons from a Writing Audit (excerpt from The Lawyer’s Guide to Writing Well).” 75 American Bar Association Journal 86–90 (October 1989) (with T. Goldstein).
Book Review of The Rule of Experts, Occupational Licensing in America, by S. David Young. Washington Monthly, July 1987.
“Why Have Lawyers Proliferated?” New York Times (Op Ed), at A27 (August 6, 1986) (with T. Goldstein).
“Writing like Pros(e).” 6 California Lawyer 43 (January 1986) (with T. Goldstein).
“An ADR Manual for Judges.” (Center for Public Resources, 1985) (ed. with E.S. Fine). Distributed at the National Conference on Litigation Management, New Haven, Conn.
Editor, Alternatives to the High Cost of Litigation (Law & Business, Inc. and Center for Public Resources, 1982–1985).
Book Review of Total Justice, by Lawrence M. Friedman. 71 American Bar Association Journal 86–88 (June 1985).
“Lessons From ADR.” (Yale Law School Center for Studies in Law, Economics, and Public Policy, 1985) (with J.F. Henry).
Book Review of Money and Justice: Who Owns the Courts? by Lois G. Forer. 70 American Bar Association Journal 94–96 (June 1984).
“Salvation: Idle the Lawyers.” Washington Post (Outlook), at B5 (August 12, 1984).
Book Review of Justice Under Law? by Jerold S. Auerbach. New York Times Book Review, at 13 (June 5, 1983). Reprinted in 96 Los Angeles Daily Journal B18 (June 14, 1983).
Book Review of The Age of Triage, by Richard L. Rubenstein. Venture, February 1983, at 115.
Book Review of Overdrive, by William F. Buckley. Venture, August 1983.
Legal Affairs Editor, Business Week, (1973–1982) (authored over 250 stories: including six cover stories and seventeen book reviews).
“When Should Lawyers Squeal on Their Clients?” Washington Post, at C1 (December 21, 1982).
“The Burgeoning of Litigation.” Proceedings of the American Insurance Association, at 28–29 (May 1981).
Case Editor, Legal Briefs for Editors, Publishers, and Writers (McGraw Hill, 1977–1978).
“How Much Government?” 10 The Center Magazine 63 (May/June 1977).
“Law, Business and Economics: A Roundup Review.” New York Times Book Review, at 16 (January 16, 1977).
“Suing Fever.” 22 Skeptic Magazine 38 (November/December 1977).
“New Ways to Cut Legal Fees.” New York, February 14, 1976, at 83ff.
“The Race Admission Case.” 4 Juris Doctor 22–23 (1974).
“The Finance Cases.” 42 Harvard Law Record 5 (April 14, 1966).
NEWSPAPER ARTICLES, PRACTICE MATERIALS, AND OTHER PUBLICATIONS
LAW REVIEW AND OTHER SCHOLARLY PUBLICATIONS
CHAPTERS IN BOOKS
O: C341 (47 Worth Street)
Yale University, B.A. 1964 cum laude
Harvard University, J.D. 1967 cum laude
Columbia University, M.Phil. 1994, Ph.D. 1995.
Phi Beta Kappa Bicentennial Fellowship, 1972–73.