SCHOLARSHIP:
Forthcoming and Works in Progress:
"Where Is Felix Cohen When We Need Him?: Transcendental Nonsense
and the Moral Responsibility of Corporations," forthcoming as part
of the Brooklyn Journal of Law and Policy’s Symposium "Sharing the
Blame: The Law and Morality of Punishing Collective Entities" (2010)
"Between Scylla and Chaybdis: Ethical Dilemmas of
Corporate Counsel in the World of the Holder Memorandum," 2009 Tabor
Lecture, Tabor Institute of Legal Ethics, forthcoming in 44 Valparaiso University Law Review (2009)
"New Directions in Legal Scholarship: Implications for Business
Ethics Research, Theory, and Practice," (with Alan Strudler and
Robert Prentice) forthcoming in 20 Business Ethics Quarterly (2010)
"The Supreme Court and the Meaning of Life: A Legal
and Philosophical Primer on the Right to Die" (selected for presentation at the Health Law Scholars' Workshop, St. Louis
University School of Law) in progress
"Reflections on Prince, Public Welfare Offenses,
American Cyanamid, and the Wisdom of the Common Law" in progress
Books:
Trapped: When Acting Ethically Is Against the Law
(2006)
Articles and Book Chapters:
"The Centenary of a Mistake: One Hundred Years of
Corporate Liability," 46 American Criminal Law Review
1329 (2009)
"The Mirage of Product Safety," in The Oxford Handbook of
Business Ethics 677 (2009)
"Two Theories of Environmental Regulation," 26 Social Philosophy
and Policy 95 (2009)
"The Depoliticization of Law," 9 Theoretical Inquiries in Law 529
(2008)
"Managing the Risks of Legal Compliance: Conflicting Demands of
Law and Ethics," 39 Loyola University Chicago Law Journal 507(2008)
"The Obviousness of Anarchy," in Anarchism/Minarchism: Is a
Government Part of a Free Country? 111 (2008)
"Foreword to Corporate Criminality: Legal, Ethical, and
Managerial Implications," 44 American Criminal Law Review 1269
(2007)
"Confusion About Hayek's Confusion," 2 New York University
Journal of Law & Liberty 241 (2007)
"Up From Flatland: Business Ethics in the Age of Divergence," 17
Business Ethics Quarterly 399 (2007) (Best Paper, 2006 Society for
Business Ethics annual conference)
"Unethical Compliance and the Non Sequitur of Academic
Business Ethics," 21 Journal of Private Enterprise 87 (2006)
(Anthologized in K. Naga Sri Valli, White Collar Crimes: A Debate)
"The Significant Meaninglessness of Arthur Andersen LLP v. United
States," 2004-2005 Cato Supreme Court Review 187 (2005)
"Ethics and the Problem of White Collar Crime," 54 American
University Law Review 579 (2005)
"Hayek, Common Law, and Fluid Drive," 1 New York University
Journal of Law & Liberty 79 (2005) (Anthologized in Mario Rizzo,
Austrian Law and Economics)
"Toward a Theory of Empirical Natural Rights," 22 Social
Philosophy and Policy 111 (2005) (Anthologized in Mario Rizzo,
Austrian Law and Economics and Carlos A. Primo Braga & Olivier
Cattaneo, The WTO and Accession Countries)
"Reflections on the Minimal State," 2 Politics, Philosophy and
Economics 115 (2003) (Anthologized in Mario Rizzo, Austrian
Law and Economics)
"Equal Opportunity, Affirmative Action, and the
Anti-Discrimination Principle: The Philosophical Basis for the Legal
Prohibition of Discrimination," 71 Fordham Law Review 423 (2002)
"Once More unto the Breach: The Inherent Liberalism of the
Criminal Law and Liability for Attempting the Impossible," 54
Hastings Law Journal 1 (2002)
"Ethics and Information Systems: The Corporate Domain," (with H.
Jefferson Smith) 23 Management Information Systems Quarterly 109
(1999)
"The Normative Theories of Business Ethics: A Guide for the
Perplexed," 8 Business Ethics Quarterly 19 (1998) (Anthologized in
Beauchamp and Bowie, Ethical Theory and Business, 7th ed. and in
Allhoff & Vaidya, Business Ethics)
"The Dangerous Dichotomy of Democracy’s Discontent or
Michael Sandel and the Fallacy of the False Dilemma," 85 Georgetown
Law Journal 2139 (1997)
"What’s Wrong with a Little Tort Reform?" 32 Idaho Law Review 557
(1996)
"Back to the Future: From Critical Legal Studies Forward to Legal
Realism, or How Not to Miss the Point of the Indeterminacy
Argument," 45 Duke Law Journal 84 (1995)
"From Cannibalism to Caesareans: Two Conceptions of Fundamental
Rights," 89 Northwestern University Law Review 900 (1995)
"The Myth of the Rule of Law," 1995 Wisconsin Law Review 199
(1995) (Anthologized in Ed Stringham, Anarchy and the Law)
"Are There Derivative Natural Rights?" 9 Public Affairs Quarterly
215 (1995)
"Affirmative Action and the New Discrimination: A Reply to Duncan
Kennedy," 54 Louisiana Law Review 263 (1993)
Columns:
"The ‘Unseen’ Deserve Empathy, Too," Wall Street Journal, May, 29
2009 (Awarded the 2009 Bastiat Prize for Journalism)
"Felony Inc.," Worth Magazine, January 2007
"Do Nothing," Wall Street Journal, September 16, 2006
"End the Draft," National Law Journal, April 24, 2006
"Department of Coercion," Wall Street Journal, March 11, 2006
"Diversity Thumbs on the Scales" Washington Times, June 22, 2003
"Too Much Official Power," National Law Journal, May 5, 2003
"Racial Preferences, Even If for Good, Open Door to Future
Abuse," Detroit Free Press, March 27, 2003
"Novel View of Election Money," National Law Journal, January 29,
2001
"Rick-Hil Deal Is How to End Soft Money," N.Y. Daily News,
October 4, 2000
"New Life for Smokers," Washington Post, August 20, 1995
"Establishing an Ethical Framework," (with Jeff Smith) Beyond
Computing magazine, January/February 1994
"Debating the Stakeholder Theory," (with Jeff Smith) Beyond
Computing magazine, March/April 1994.
"Overgrazing Till the Cows Come Home," L.A. Times, November 1,
1992
"The Tragedy of the Commons–and the Congress," Baltimore Sun,
November 20, 1992
Case Studies and Other Publications:
"Criminalizing Corporate Conduct: How Far Is Too Far?" Point of
Law.com Featured Discussion, July 27-31, 2009
"Mens Rea Requirement: A Critical Casualty of
Overcriminalization," Washington Legal Foundation Paper, December
12, 2008
"Sins of the Children: Punishing Businesses for
Employees’ Crimes," Heritage Foundation Web Memo, August 16, 2006
"An Explosive Problem at Gigantic Motors" in
Beauchamp, Case Studies in Business, Society, and Ethics 5th
ed.
"Stirling Bridge Tool and Machinery Company" in
Beauchamp, Case Studies in Business, Society, and Ethics 5th
ed.
"Awkward Advances at Your Old House Magazine in
Beauchamp, Case Studies in Business, Society, and Ethics 5th
ed.
"Rumpole's Revenge or Women in Catering" in Beauchamp,
Case Studies in Business, Society, and Ethics 5th ed.
"Who Put the Public in Public Philosophy?" 8 The Good
Society 19 (1998)
"Sexual Harassment" in Werhane and Freeman, The
Blackwell Encyclopedic Dictionary of Business Ethics (1997)
"Confronting Harassment" in Donaldson and Werhane, Ethical
Issues in Business (5th ed. 1996)
"The Hazards of the Enterprise" in Donaldson and Gini, Case
Studies in Business Ethics (4th ed. 1996)
"Gender Issues at Your House" in Donaldson and Gini,
Case Studies in Business Ethics (4th ed. 1996)
"The
Social Responsibility of Corporations and How to Make It Work for You"
44 The Freeman 332 (1994)
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