American Bar Foundation Research Articles

THe Perils of Empirical Legal Research

Empirical research is at once the most pressing item on the agenda of legal scholarship and the most terrifying prospect to legal academics. I can remember a seminar run by the American Bar Foundation to acquaint professors with the opportunities for empirical research. One senior participant, much respected in his field of specialization, finally ventured a question: could the American Bar Foundation teach him how to do empirical research or pair him with someone who did? At another leading school, a distinguished visiting professor, brought to the school to begin a program in law and society featuring empirical research, was refused tenure by the president of the university despite a large majority of the faculty approving the appointment. The victorious minority of the faculty had argued, inter alia, that no one had defined the scope or utility of empirical research, at least not to their satisfaction. Law schools teach legal history, the most empirical of all the social sciences, but more often than not the courses revolve about doctrine and imply that all is autonomous, self-generating, and antithetic to empirical research. The Wisconsin led at one time by James Willard Hurst, and now by such lawschool luminaries as Lawrence Friedman and Harry Scheiber, urges empirical research, but the bulk of legal history remains doctrinal. It is a welcome event, then, for defenders of empirical studies in the school that Bruce Mann, a professor of at the University of Pennsylvania Law School, has produced so thoroughly empirical a study as Neighbors and Strangers: Law and Community in Early Connecticut. Mann bases his account of the changing face of debt in early Connecticut on 5,317 civil cases drawn from intervals of the sitting of the county courts of Hartford and New London. At the end of the seventeenth century, the overwhelming majority of these cases involved book debt, a claim based on the plaintiff's own records of the defendant's indebtedness. These claims, brought to court, involved the jury in a quest for individualized

Medical genetics and the law's response: “In the rear and limping a little”

Reproductive Genetics And The Law, by Elias, S. & Annas, G. (Year Book Medical Publishers, Inc., Chicago, Illinois, 1987), 323 pages, $41.50. Medical Genetics: A Legal Frontier, by Andrews, L. (American Bar Foundation, Chicago, Illinois, 1987), 284 pages, $25.00.

Chronicling a Movement for Civil Rights

The history of the modern movement for civil rights for people with mental disabilities is chronicled in the three editions of the American Bar Foundation's treatise, The Mentally Disabled and the Law. Each presents a snapshot of the status of the law at the time of its publication. Taken together, they provide an overview of the extent of the movement's successes and the speed with which they have been attained in recent years. The first edition, published in 1961, describes the law as it had developed during the years following World War II, and argues that it has been “an opportune time to re-evaluate the law” (Lindman and McIntyre, 1961: 14) and to bring it into conformity with modern scientific understanding of the nature of mental disability and contemporary public opinion concerning individual rights (Ibid.). The second edition, published in 1971, recounts the changes that had taken place in the 1960s, primarily the increasing federal activity in the field of mental disability, as well as scattered developments in state case law and legislation. But its authors again conclude that “[t]he factors conducive to a thorough examination and réévaluation of the laws as they relate to the rights of the mentally disabled exist today to a greater extent than ever before” (Brakel and Rock, 1971: 8).

The Psychology of Disputant Concerns In Mediation

Negotiation JournalVolume 3, Issue 4 p. 367-374 The Psychology of Disputant Concerns In Mediation Tom R. Tyler, Tom R. Tyler Tom R. Tyler is Professor of Psychology and Political Science at Northwestern University, Evanston, 111. 60201. He is also a Research Fellow at the American Bar Foundation and a member of the Research Faculty of the Northwestern University Center for Urban Affairs and Policy Research. He and Allan Lind are the authors of The Social Psychology of Procedural Justice (New York: Plenum, 1988).Search for more papers by this author Tom R. Tyler, Tom R. Tyler Tom R. Tyler is Professor of Psychology and Political Science at Northwestern University, Evanston, 111. 60201. He is also a Research Fellow at the American Bar Foundation and a member of the Research Faculty of the Northwestern University Center for Urban Affairs and Policy Research. He and Allan Lind are the authors of The Social Psychology of Procedural Justice (New York: Plenum, 1988).Search for more papers by this author First published: October 1987 https://doi.org/10.1111/j.1571-9979.1987.tb00432.xCitations: 14AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Citing Literature Volume3, Issue4October 1987Pages 367-374 RelatedInformation

How Cartels Punish: A Structural Theory of Self-Enforcing Collusion

* Law Clerk to the Hon. James K. Logan, United States Court of Appeals for the 10th Judicial Circuit; Assistant Professor, Northwestern University School of Law (beginning August 1987); Research Fellow, American Bar Foundation (beginning August 1987). B.A. Yale University, 1981;J.D. Yale University, 1986; Ph.D Candidate (Economics), Massachusetts Institute of Technology. I thank John Donohue, Henry Hansmann, Al Klevorick, George Priest, Garth Saloner, Steven Salop, Richard Schmalensee, Louis Schwartz, Oliver Williamson, and participants of seminars at Cardozo, Duke, Emory, Iowa, Northwestern, and Yale for valuable comments. Financial support from the Yale Center for Studies in Law, Economics and Public Policy is gratefully acknowledged. 1. Structural theories have many antecedents. See, e.g., G. Stigler, A Theory of Oligopoly, in The Organization of Industry 39-63 (1968); Hay & Kelley, An Empirical Survey of Price Fixing Conspiracies, 17 J.L. & Econ. 13 (1974). More generally, these theories follow the Structure-Conduct-Performance (S-C-P) paradigm of Joseph Bain, under which structural variables (such as seller concentration) were modeled to affect conduct variables (such as collusion or competition) which in turn were to affect performance variables (such as profits). J. Bain, Industrial Organization 43 (2d ed. 1968). Although conduct can conversely affect structure, see, e.g., infra note 4 (predatory behavior will influence seller concentration), such feedback effects are beyond the scope of this Article. Bain's S-C-P paradigm has gained widespread acceptance. See, e.g., F. Scherer, Industrial Market Structure and Economic Performance 3-7 (2d ed. 1980); Weiss, The Structure-Conduct-Performance Paradigm and Antitrust, 127 U. Pa. L. Rev. 1104 (1979). 2. For example, Judge Richard Posner has championed a structural approach for detecting and punishing antitrust collusion. See R. Posner, Antitrust Law: An Economic Perspective 55 (1976); R. Posner & F. Easterbrook, Antitrust: Cases, Economics Notes and Other Materials 336 (1981); 6 P. Areeda, Antitrust Law ? 1430, at 178-82 (1986). 3. The Federal Trade Commission has examined structural characteristics to focus investigative resources on suspect industries. For a history of the FTC's attempts at targeting collusion, see D. Pender & M. Coate, Case Generation and Remedies 8 (F.T.C. Collusion Project Working Paper No. 3, June 29, 1984) (unpublished paper on file at the Columbia Law Review). 4. At least one court has considered structural evidence as a plus-factor for inferring the actual existence of collusion. See, e.g., Wall Products Co. v. National Gypsum Co., 326 F. Supp. 295 (N.D. Calif. 1971) (stressing structural characteristics of the relevant market that predisposed it to collusion); see also R. Posner, supra note 2, at 73 & n.52 (discussing implications of case). While this Article investigates how structure affects collusive behavior-that is, efforts to make competitors cooperate-the structural approach also applies to identifying

The Mentally Disabled and the Law

This is the third edition of a very comprehensive book, the size of a telephone directory, dealing with the mentally disabled. The term itself is defined in a general and generic way. It subsumes such areas as mental illness, retardation, and alcoholism and other drug addiction. According to the authors, there were few legal practitioners in this area at first, but today, a substantial legal industry has evolved around it. Newspaper advertisements and television commercials are proof of the enormous expansion. The American Bar Association has a long history of concern about laws relating to the mentally disabled. In 1954, the American Bar Association referred a proposed study to the American Bar Foundation, which led to the publication of the initial and subsequent editions of this volume. This volume deals with all facets of the law. Civil commitment, right to treatment, deinstitutionalization, community treatment, right to refuse treatment, competency, rights

Patriarchy in America Is Different: Grossberg's Governing the Hearth

conception of the state's interposing itself the family by means of direct address to the individual keeps him from exploring the possibility that inter-group conflicts (on ethnic, racial, gender, class grounds) may have been at the very heart of change family law policy. His own find6. Christine Stansell, City of Women: Sex and Class New York, 1789-1860 (New York: Knopf, 1986), 214-216; cf. Linda Gordon, Single Mothers and Child Neglect, 1880-1920, 37 American Quarterly 173-192 (Summer 1985). This content downloaded from 157.55.39.254 on Mon, 05 Sep 2016 04:48:47 UTC All use subject to http://about.jstor.org/terms 816 AMERICAN BAR FOUNDATION RESEARCH JOURNAL 1987:809 ings, such as that anti-miscegenation laws refuted the republican promotion of matrimony, or that persistence of involuntary indenturing of children (especially black children) could only tortuously be justified in the best interests of the child, might have suggested an interpretation of family law's development terms of the contest for cultural control being waged an increasingly heterogeneous and stratified American society. Where this bold and venturesome book fails to persuade, it nonetheless will spark strong and, one hopes, constructive responses from legal and social historians alike. Grossberg's work will be of interest to other scholars exploring how far back, what humble beginnings, and how deeply committed to the ideology of gender difference and gender hierarchy the welfare state began its rise. With his significant research Grossberg has established that judges were policy-makers who bowed not entirely (although they did bow) to either of their two acknowledged masters, the common law and social mores. He has made an emphatic case for embedding legal history its social matrix. Governing the Hearth renders insight and engenders spirit into both the history of domestic relations law and family history, beckoning others to follow erasing the boundaries between the two. This content downloaded from 157.55.39.254 on Mon, 05 Sep 2016 04:48:47 UTC All use subject to http://about.jstor.org/terms

The Mentally Disabled and the Law, 3d ed. By Samuel Jan Brakel, John Parry, and Barbara A. Weiner (American Bar Foundation, Dissemination Department, Chicago, 1985), 845 pp., $75 + $3.50 shipping and handling.

The Mentally Disabled and the Law, 3d ed. By Samuel Jan Brakel, John Parry, and Barbara A. Weiner (American Bar Foundation, Dissemination Department, Chicago, 1985), 845 pp., 3.50 shipping and handling. - Volume 14 Issue 3-4

The Mentally Disabled and the Law, 3d ed. By Samuel Jan Brakel, John Parry, and Barbara A. Weiner (American Bar Foundation, Dissemination Department, Chicago, 1985), 845 pp., $75 + $3.50 shipping and handling.

<i>The Mentally Disabled and the Law</i>, 3d ed. By Samuel Jan Brakel, John Parry, and Barbara A. Weiner (American Bar Foundation, Dissemination Department, Chicago, 1985), 845 pp., $75 + $3.50 shipping and handling.

International Directory of Bar Associations. Fourth Edition. Chicago, IL: American Bar Foundation, 1983. Pp. ix,49.

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Mirror for Lawyers: Chicago Lawyers . The Social Structure of the Bar. John P. Heinz and Edward O. Laumann. American Bar Foundation, Chicago, and Russell Sage Foundation, New York, 1983 (distributor, Basic Books, New York). xxvi, 470 pp., illus. $32.50.

Mirror for Lawyers: <i>Chicago Lawyers</i> . The Social Structure of the Bar. John P. Heinz and Edward O. Laumann. American Bar Foundation, Chicago, and Russell Sage Foundation, New York, 1983 (distributor, Basic Books, New York). xxvi, 470 pp., illus. $32.50.

Career Choice

Previous articleNext article No AccessCareer ChoiceNorman S. CareNorman S. Care Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Ethics Volume 94, Number 2Jan., 1984 Article DOIhttps://doi.org/10.1086/292533 Views: 81Total views on this site Citations: 17Citations are reported from Crossref Copyright 1984 The University of ChicagoPDF download Crossref reports the following articles citing this article:Samuel A. Mortimer What Makes Work Meaningful?, Journal of Business Ethics 24 (Feb 2023).https://doi.org/10.1007/s10551-023-05356-6 Perceived Factors Influencing Career Choice of the Undergraduate Students of Public Universities in Bangladesh, Canadian Journal of Business and Information Studies (Aug 2021): 70–79.https://doi.org/10.34104/cjbis.021.070079Christopher Michaelson, Jennifer Tosti-Kharas A World Changed: What Post-9/11 Stories Tell Us about the Position of America, Purpose of Business, and Meaning of Work, Academy of Management Review 45, no.44 (Oct 2020): 877–895.https://doi.org/10.5465/amr.2019.0151Nicholas Burton, Mai Chi Vu Moral Identity and the Quaker tradition: Moral Dissonance Negotiation in the WorkPlace, Journal of Business Ethics 26 (May 2020).https://doi.org/10.1007/s10551-020-04531-3Christopher Michaelson A Normative Meaning of Meaningful Work, Journal of Business Ethics 97 (Dec 2019).https://doi.org/10.1007/s10551-019-04389-0Christopher Michaelson, Jennifer Tosti-Kharas Serving self or serving others? Close relations' perspectives on ethics and calling, Journal of Vocational Behavior 114 (Oct 2019): 19–30.https://doi.org/10.1016/j.jvb.2019.02.005Christopher Michaelson A Novel Approach to Business Ethics Education: Exploring How to Live and Work in the 21st Century, Academy of Management Learning & Education 15, no.33 (Sep 2016): 588–606.https://doi.org/10.5465/amle.2014.0129Brian Shapiro, Michael Naughton The Expression of Espoused Humanizing Values in Organizational Practice: A Conceptual Framework and Case Study, Journal of Business Ethics 126, no.11 (Dec 2013): 65–81.https://doi.org/10.1007/s10551-013-1990-xChristopher Michaelson, Michael G. Pratt, Adam M. Grant, Craig P. Dunn Meaningful Work: Connecting Business Ethics and Organization Studies, Journal of Business Ethics 121, no.11 (Mar 2013): 77–90.https://doi.org/10.1007/s10551-013-1675-5William MacAskill Replaceability, Career Choice, and Making a Difference, Ethical Theory and Moral Practice 17, no.22 (Jun 2013): 269–283.https://doi.org/10.1007/s10677-013-9433-4Ron Beadle, Kelvin Knight Virtue and Meaningful Work, Business Ethics Quarterly 22, no.22 (Jan 2015): 433–450.https://doi.org/10.5840/beq201222219Domènec Melé, Christopher Michaelson Whose responsibility is meaningful work?, Journal of Management Development 30, no.66 (Jun 2011): 548–557.https://doi.org/10.1108/02621711111135152Christopher Michaelson Work and The Most Terrible Life, Journal of Business Ethics 77, no.33 (Mar 2007): 335–345.https://doi.org/10.1007/s10551-007-9353-0Angela Barron McBride American academy of nursing news, Nursing Outlook 42, no.11 (Jan 1994): 39–42.https://doi.org/10.1016/0029-6554(94)90070-1Robert E. Goodin Democracy, preferences and paternalism, Policy Sciences 26, no.33 (Jan 1993): 229–247.https://doi.org/10.1007/BF00999718Ruth B. Purtilo Whom to Treat First, and How Much is Enough?: Ethical Dilemmas that Physical Therapists Confront as They Compare Individual Patients' Needs for Treatment, International Journal of Technology Assessment in Health Care 8, no.11 (Mar 2009): 26–34.https://doi.org/10.1017/S0266462300007881Joseph P. Tomain The Legal Heresiarchs: Luban's The Good Lawyer, American Bar Foundation Research Journal 9, no.33 (Nov 2018): 693–703.https://doi.org/10.1111/j.1747-4469.1984.tb00025.x

Epstein Responds to Menkel-Meadow's Review Essay on "Women in Law": [Comment

I appreciate the serious attention Carrie Menkel-Meadow gave my book Women in Law' in the review essay published in 1983 American Bar Foundation Research Journal 189, but I object to certain implications in her review. Although authors often take exception to a reviewer's interpretation of their work, it is another matter to be accused of dishonesty by innuendo in a review. On page 189 Professor Menkel-Meadow writes, the most part, I think Epstein is honest. Since she doesn't specify where she thinks I have been dishonest, I find this objectionable and irresponsible. Since it is clear that she is referring to my methodology, her argument lodges in the fact that I interviewed only 179 attorneys over a 15-year period in two separate studies. A closer look at the methodological appendix would have revealed to Menkel-Meadow that the first study I conducted of attorneys was indeed of a random sample in the New York area, not only in New York City but also in adjacent areas and included people who worked in small practices and in small towns as well as those who worked in large firms. For my second study I interviewed people who constituted role clusters and networks in various types of legal employment. Such a snowball sample is considered to be a legitimate mode of selection in sociological circles. I also clearly stated in my methodological appendix that although I interviewed 179 attorneys at length in focused interviews, I also interviewed additional scores of lawyers and law students in informal settings not only in New York but elsewhere in the United States. Since Menkel-Meadow takes issue with my findings, particularly about law faculties, it should be noted that I interviewed law faculty in Connecticut, California, New Hampshire, Virginia, and Washington, D.C., as well as in New York.

Tort Reform and Related Proposals: Annotated Bibliographies on Product Liability and Medical Malpractice. Edited by Bruce A. Levin and Robert Coyne. Chicago: American Bar Foundation, 1979. Pp. xiii, 249. U.S. $30.00. [25 per cent discount to libraries, academics and students.

Tort Reform and Related Proposals: Annotated Bibliographies on Product Liability and Medical Malpractice. Edited by Bruce A. Levin and Robert Coyne. Chicago: American Bar Foundation, 1979. Pp. xiii, 249. U.S. $30.00. [25 per cent discount to libraries, academics and students.

Feminism and Science

Over the past fifteen years, a new dimension to the analysis of science has emerged. Feminist theory, combined with the insights of recent developments in the history, philosophy, and sociology of science, has raised a number of new and important questions about the content, practice, and traditional goals of science. Feminists have pointed to a bias in the choice and definition of problems with which scientists have concerned themselves, and in the actual design and interpretation of experiments, and have argued that modern science evolved out of a conceptual structuring of the world that incorporated particular and historically specific ideologies of gender. The seventeen outstanding articles in this volume reflect the diversity and strengths of feminist contributions to current thinking about science.

Handbook of Criminal Justice Evaluation.

'This voluminous reference is, indeed, a handbook...But what distinguishes the collection is not its breadth but its continuity.' -- American Bar Foundation Research Journal, 1981

Mass Speech and the Newer First Amendment

Previous articleNext article No AccessMass Speech and the Newer First AmendmentL. A. Powe, Jr.L. A. Powe, Jr. Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by The Supreme Court Review Volume 19821982 Article DOIhttps://doi.org/10.1086/scr.1982.3109558 Views: 8Total views on this site Citations: 3Citations are reported from Crossref Copyright 1983 The University of ChicagoPDF download Crossref reports the following articles citing this article:Keena Lipsitz, Javier Padilla The Nonlinear Effects of Political Advertising, Journal of Political Marketing 14 (Dec 2021): 1–14.https://doi.org/10.1080/15377857.2021.1997877 First National Bank of Boston v. Bellotti (1978), (Apr 2015): 381–382.https://doi.org/10.4324/9781315699868-263L. A. Powe Making the Hard Choices Easy, American Bar Foundation Research Journal 11, no.11 (Nov 2018): 56–78.https://doi.org/10.1111/j.1747-4469.1986.tb00231.x

Computerizing Client Services in the Law School Teaching Clinic: An Experiment in Law Office Automation

In an earlier article (1979 American Bar Foundation Research Journal 1), James A. Sprowl described a new computational processor that enabled attorneys to automate repetitive client-interviewing and document-drafting tasks. In this article, Sprowl and coauthor Ronald W. Staudt describe the first experimental use of the new processor to serve the clients of a law school clinic. In the experiment attorneys and secretaries were trained to design automated practice systems. The authors analyze the results of this experiment and draw some preliminary conclusions about the future usefulness of automated law practice systems.

Computerizing Client Services in the Law School Teaching Clinic: An Experiment in Law Office Automation

In an earlier article (1979 American Bar Foundation Research Journal 1), James A. Sprowl described a new computational processor that enabled attorneys to automate repetitive client-interviewing and document-drafting tasks. In this article, Sprowl and coauthor Ronald W. Staudt describe the first experimental use of the new processor to serve the clients of a law school clinic. In the experiment attorneys and secretaries were trained to design automated practice systems. The authors analyze the results of this experiment and draw some preliminary conclusions about the future usefulness of automated law practice systems.

The Concept of Corrective Justice in Recent Theories of Tort Law

Previous articleNext article No AccessThe Concept of Corrective Justice in Recent Theories of Tort LawRichard A. PosnerRichard A. Posner Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by The Journal of Legal Studies Volume 10, Number 1Jan., 1981 Sponsored by The University of Chicago Law School Article DOIhttps://doi.org/10.1086/467676 Views: 112Total views on this site Citations: 26Citations are reported from Crossref Copyright 1981 The University of ChicagoPDF download Crossref reports the following articles citing this article:Kumie Hattori Responsibilities for Climate Damage within Borders: Reconciling Liability with Shared Responsibility, Philosophies 6, no.33 (Aug 2021): 65.https://doi.org/10.3390/philosophies6030065Jonathan Bonnitcha, Zoe Phillips Williams State liability for ‘politically’ motivated conduct in the investment treaty regime, Leiden Journal of International Law 33, no.11 (Nov 2019): 77–100.https://doi.org/10.1017/S0922156519000566Teerawat Wongkaew Protection of Legitimate Expectations in Investment Treaty Arbitration, 6 (Feb 2019).https://doi.org/10.1017/9781108675680Miguel Alzola Beware of the Watchdog: Rethinking the Normative Justification of Gatekeeper Liability, Journal of Business Ethics 140, no.44 (Mar 2017): 705–721.https://doi.org/10.1007/s10551-017-3460-3Mark D. White On the Relevance of Wrongfulness to the Concept of Externalities, OEconomia , no.5-35-3 (Sep 2015): 313–329.https://doi.org/10.4000/oeconomia.2121Katy Barnett Distributive justice and proprietary remedies over bribes, Legal Studies 35, no.22 (Jan 2018): 302–322.https://doi.org/10.1111/lest.12062Ignacio N. Cofone The Limits of Probabilistic Causality in Law, Global Jurist 15, no.11 (Jan 2015).https://doi.org/10.1515/gj-2014-0012Lachlan Thomas Caunt Hows, Whys, and But-Fors: Theorizing, Comparing, and Solution Finding within the Principle of Material Contribution to Risk in the Law of Negligence, SSRN Electronic Journal (Jan 2015).https://doi.org/10.2139/ssrn.2409833Trinyan Mariano The Law of Torts and the Logic of Lynching in Charles Chesnutt's The Marrow of Tradition, PMLA/Publications of the Modern Language Association of America 128, no.33 (Oct 2020): 559–574.https://doi.org/10.1632/pmla.2013.128.3.559Zoë Sinel Concerns about Corrective Justice, Canadian Journal of Law & Jurisprudence 26, no.11 (Jul 2015): 137–155.https://doi.org/10.1017/S0841820900005981Gregory C. Keating THE PRIORITY OF RESPECT OVER REPAIR, Legal Theory 18, no.33 (Jul 2012): 293–337.https://doi.org/10.1017/S1352325212000031Matthew Noah Smith Ideas of Justice: Positive, (Oct 2009): 161–187.https://doi.org/10.1017/CBO9780511657535.007Ugo Pagano Marrying in the Cathedral: A Framework for the Analysis of Corporate Governance, SSRN Electronic Journal (Jan 2009).https://doi.org/10.2139/ssrn.1479702Daniel A. Farber Tort Law in the Era of Climate Change, Katrina and 9/11: Exploring Liability for Extraordinary Risks, SSRN Electronic Journal (Jan 2008).https://doi.org/10.2139/ssrn.1121125Mark D. White A Kantian critique of neoclassical law and economics, Review of Political Economy 18, no.22 (Aug 2006): 235–252.https://doi.org/10.1080/09538250600571494Mark R. Reiff Punishment, Compensation, and Law, 77 (Aug 2009).https://doi.org/10.1017/CBO9780511499241Ugo Pagano Public markets, private orderings and corporate governance, International Review of Law and Economics 20, no.44 (Dec 2000): 453–477.https://doi.org/10.1016/S0144-8188(00)00046-6Ugo Pagano Public Markets, Private Orderings and Corporate Governance, SSRN Electronic Journal (Jan 1999).https://doi.org/10.2139/ssrn.185130Daryl J. Levinson Making Government Pay: Markets, Politics, and the Allocation of Constitutional Costs, SSRN Electronic Journal (Jan 1999).https://doi.org/10.2139/ssrn.186309Martin Stone On the Idea of Private Law, Canadian Journal of Law & Jurisprudence 9, no.22 (Jun 2015): 235–277.https://doi.org/10.1017/S0841820900003465Randall R. Curren Punishment and Inclusion: The Presuppositions of Corrective Justice in Aristotle and What They Imply, Canadian Journal of Law & Jurisprudence 8, no.22 (Jun 2015): 259–274.https://doi.org/10.1017/S0841820900003192Emily L. Sherwin An Essay on Private Remedies, Canadian Journal of Law & Jurisprudence 6, no.11 (Jun 2015): 89–112.https://doi.org/10.1017/S0841820900001806ERNEST J. WEINRIB Aristotle's Forms of Justice, Ratio Juris 2, no.33 (Dec 1989): 211–226.https://doi.org/10.1111/j.1467-9337.1989.tb00039.x Jules Coleman Corrective Justice and Wrongful Gain, The Journal of Legal Studies 11, no.22 (Sep 2015): 421–440.https://doi.org/10.1086/467710Ejan Mackaay Economic Analysis of Major Common Law Doctrines, (Jan 1982): 31–79.https://doi.org/10.1007/978-94-017-5332-6_3Richard A. Posner Review Article Lawyers as Philosophers: Ackerman and Others, American Bar Foundation Research Journal 6, no.11 (Nov 2018): 231–249.https://doi.org/10.1111/j.1747-4469.1981.tb00428.x