Paul D. Carrington was a Professor of Law at Duke University. He was a native of Dallas, a graduate of the University of Texas (1952) and the Harvard Law School (1955). After serving a tour in the Army, he commenced teaching law and continued that career since 1957. He was a member of the law faculties at Wyoming, Indiana, Ohio State, Michigan, and Duke. He held visiting appointments at ten other American law schools (including Southern Methodist University and the University of Texas) and taught in five foreign universities. He gave occasional lectures at over a hundred other law schools in the United States and abroad.
He was the author or editor of seven books and numerous symposia, and was the author of more than one hundred leading articles in academic legal journals. His work was supported by the Ford, Guggenheim, Luce, and Rockefeller foundations. His writings ranged across many legal and law-related topics, including civil procedure, legal education, contracts, criminal law, constitutional law, comparative law and the history of the legal profession. His recent books were Stewards of Democracy (Harper Collins 1999); Spreading America’s Word (Twelve Tables Press, 2005); Reforming the Supreme Court: Term Limits for Justices (edited with Roger C. Cramton, Carolina 2006); Law and Class in America: Trends since The Cold War (edited with Trina Jones, NYU 2006); American Lawyer: Public Servants and the Development of A Nation (2012); Transnational Corrupt Practices (edited with Susan Rose Acherman, 2013).
Over the years of teaching, he represented numerous individual clients pro bono publico in support of their claims to civil liberties and has assisted in advancing claims by classes of plaintiffs. And as an active member of the legal profession, he has served many diverse causes of law reform. He first initiated efforts to secure enactment of the Uniform Commercial Code in Wyoming; it was enacted in that state in 1960, one of the earliest enactments of that legislation. In 1967-1969, he directed the American Bar Foundation study of the United States Courts of Appeal. In 1969-1971, he directed a study of legal education for the Association of American Law Schools. In 1970-1973, he served as an elected trustee of the Ann Arbor Board of Education. In 1973-1975, he served the Federal Judicial Center as vice chair of the Advisory Council on Appellate Justice, organizing the 1975 national conference on that subject. In 1976-1978, he directed a program of law reform for the Supreme Court of Michigan.
From 1978 to 1988, he was dean of the Duke Law School. As dean, he was instrumental in developing international connections for the school, especially in China and Japan, beginning in 1980 with the establishment of Nixon scholarships for Chinese students.
From 1985 to 1993, he served as Reporter to the Advisory Committee on Civil Rules of the Judicial Conference of the United States and was instrumental in effecting several reforms of those Rules. In 1997-1999, he directed a program on judicial independence and accountability for the American Bar Association, organizing a national conference on that subject in 1999. He also participated in organizing the group that drafted the Model Fair Bargain Act enacted in New Mexico in 2000 to constrain the misuse of arbitration clauses in standard form contracts unread by the parties; that text has been supported for enactment in other states by diverse groups favoring protection of individuals from predatory business practices. He was in 2000-2006 a member of the panel on Law and Science of the National Academy of Science.
In North Carolina, he helped to organize the group in North Carolina that brokered enactment of a statute in 2001 providing for public finance of judicial campaigns. Since 2004, he has served on the North Carolina Bar Association’s Committee on Judicial Independence, and on the Legislative Committees of the North Carolina Advocates for Justice and of the North Carolina AARP. He was an early advocate and draftsman of the North Carolina False Claims Act enacted in 2004 rewarding whistleblowers for revealing efforts to corrupt the state government. In 2011 he participated in organizing a Carolina Council on Drug Policy seeking to resolve the violent “war” on drugs in the state.
After 2003, he addressed numerous international gatherings on the subject of private enforcement of public law in the United States, with special emphasis on the transnational corrupt practices that since the 1990s all nations prohibit, but which most fail to inhibit.
He was an elected member of the American Law Institute, an elected Fellow of the American Bar Foundation, an elected Fellow of the American Academy of Arts & Sciences, and an Honorary Fellow of the American Academy of Appellate Lawyers.
Books
- A Lucky Lawyer's Life ()
- Anti-Corruption Policy: Can International Actors Play a Constructive Role? (Carolina Academic Press, ) (editor with Susan Rose Ackerman)
- American Lawyers: Public Servants and the Development of a Nation (American Bar Association, )
- Law and Class in America: Trends Since the Cold War (NYU Press, ) (editor with Trina Jones)
- Reforming the Court: Term Limits for Supreme Court Justices (Carolina Academic Press, ) (editor with Roger Cramton)
- Spreading America's Word: Stories of Its Lawyer-Missionaries (Twelve Tables Press, )
- Stewards of Democracy: Law as a Public Profession (Westview Press, )
- Appellate Courts: Structures, Functions, Processes, and Personnel, () (with others)
- Civil Procedure: Cases and Comments on the Process of Adjudication () (editor with Barbara Allen Babcock)
- Civil Procedure (11th ed. ) (with others)
- Justice on Appeal () (with others)
- Appellate Justice, 1975: Materials for a National Conference () (editor)
- Paraprofessionalism in Higher Education () (with others) (with others)
- Accommodating the Workload of the United States Courts of Appeals; Report of Recommendations ()
- The Uniform Commercial Code (Wyoming Legislative Research Bureau, ) (Monograph No. 1, 1960)
Articles & Essays
- Appeals, in International Encyclopedia of the Social & Behavioral Sciences 822-825 () (with Marin K. Levy)
- Price of Legal Education, 127 Harvard Law Review Forum 54-57 ()
- Founding Legal Education in America, 40 Pepperdine Law Review 343-349 ()
- Protecting the Right of Citizens to Aggregate Small Claims Against Business, 46 Michigan Journal of Law Reform 537-547 ()
- Business Interests and the Long Arm in 2011, 63 South Carolina Law Review 637-641 ()
- Qui Tam: Is False Claims Law a Model for International Law?, 2012 University of Chicago Legal Forum 27-40 ()
- Technology and Civil Litigation in the United States in the Twenty-First Century, in Electronic Technology and Civil Procedure: New Paths to Justice From Around the World 49-65 (Miklos Kengyel & Zoltan Nemessanyi eds, )
- Public Funding of Judicial Campaigns: The North Carolina Experience and the Activism of the Supreme Court, 89 North Carolina Law Review 1965-2007 ()
- The Case for Calling an Article V Convention, 28 Thomas M. Cooley Law Review 57-60 ()
- The International Movement to Deter Corruption: Should China Join?, 7 US-China Law Review 1-14 ()
- Enforcing International Corrupt Practices Law, 32 Michigan Journal of International Law 129-164 ()
- Politics and Civil Procedure Rulemaking: Reflections on Experience, 60 Duke Law Journal 597-667 ()
- The Federal Circuit: A Model for Reform?, 78 George Washington Law Review 575-585 () (with Paulina Orchard)
- The Pedagogy of the Old Case Method: A Tribute to 'Bull' Warren, 59 Journal of Legal Education 457-466 ()
- 'Francis Lieber', in Yale Biographical Dictionary of American Law 335-336 (Roger K. Newman ed., )
- 'Hugh Henry Brackenridge', in Yale Biographical Dictionary of American Law 65-66 (Roger K. Newman ed., )
- American Law and Transnational Corruption: Is There a Need for Lincoln's Law Abroad, in The Civil Law Consequences of Corruption 37-65 (Olaf Meyer ed., )
- Judicial Independence in Excess: Reviving the Judicial Duty of the Supreme Court, 94 Cornell Law Review 587-636 () (with Roger C. Cramton)
- Justice on Appeal in Criminal Cases: A Twentieth Century Perspective, 93 Marquette Law Review 459-475 ()
- Original Sin and Judicial Independence: Providing Accountability for Justices, 50 William & Mary Law Review 1105-1152 () (with Roger C. Cramton)
- Procedure: Civil Procedure in United States Law, in Oxford 440-447 (Stanley N. Katz ed., )
- A Military Salute, 12 Green Bag 19-21 (Autumn )
- Book Review, 26 Law & History Review 218 () (reviewing Noble Purposes: Nine Champions of the Rule of Law (Norman Gross ed., 2007))
- Could and Should America Have Made an Ottoman Republic in 1919?, 49 William & Mary Law Review 1071-1108 ()
- Enforcing Public Law on a Global Scale: The Relevance of the American Experience, in French Code of Civil Procedure (1806) After 200 Years: the Civil Procedure Tradition 389 (C.H. van Rhee, Dirk Heirbaut & Marcel Storme, eds.,, )
- Freedom to Err: The Idea of Natural Selection in Politics, Schools, and Courts, 17 William & Mary Bill of Rights Journal 1-42 ()
- A Critical Assessment of the Cultural and Institutional Roles of Appellate Courts, 9 Journal of Appellate Practice & Process 231-243 () (reviewing Daniel Meador et al., Appellate Courts: Structures, Functions, Processes, and Personnel (2d ed. 2006))
- Asbestos Lessons: The Consequences of Asbestos Litigation, 26 Review of Litigation 583-612 (Summer ) (republished in Personal Injury Claims (A. Sabitha ed., Punjagutta 2008))
- Civil Procedure to Enforce Transnational Rights, in Proceedings of 2006 Conference on Civil Procedure Code ()
- Foreign Plaintiffs in U.S. Courts: Private Enforcement of Public Law, 9 Waseda Bulletin of Comparative Law 149 ()
- Law and Transnational Corruption: The Need For Lincoln's Law Abroad?, 70 Law and Contemporary Problems 109-138 (Autumn ) (republished as "American Law and Transnational Corruption: Is there a Need for Lincoln's law abroad?" in, The Civil Law Consequences of Corruption (Olaf Meyer ed., Nomos 2009))
- Mandatory Constitutions, 1 Bucerius Law Review 31-38 ()
- Writing Other Peoples' Constitutions, 33 North Carolina Journal of International Law & Commercial Regulation 167-217 ()
- A Ghostly Reply from Thomas Cooley, 9 Green Bag 216-217 ()
- Congress and the Court, in Reforming the Court: Term Limits for Supreme Court Justices (Roger C. Cramton & Paul D. Carrington eds, )
- Deference to Democracy: Thomas Cooley and his Barnburning Court, in The History of Michigan Law 108-125 (Paul Finkelman & Martin J. Hershock eds., )
- Law Made in Skyboxes: An Evolution in American Law, in Law and Class in America: Trends Since the Cold War (Roger C. Cramton & Paul D. Carrington eds, ) (with Trina Jones)
- Renewing the Supreme Court, in Reforming the Court: Term Limits for Supreme Court Justices 4-2006 (Roger C. Cramton & Paul D. Carrington eds, ) (with Roger C. Cramton)
- Testamentary Incorrectness: A Review Essay, 54 Buffalo Law Review 693-716 () (reviewing Samuel P. King & Randall W. Roth, Broken Trust: Greed, Mismanagement, & Political Manipulation at America's Largest Charitable Trust (2006))
- Using Public Funds for Corporate Welfare: A Nineteenth Century View of Kelo, 9 Green Bag 121-124 ()
- A Mother's Day Salute to Mary Hamilton Houston, 8 Green Bag 235-238 () (with Kenny Ching)
- Clients I Remember: Part Five, 15 Experience 31-33 (Spring )
- Preface to George W. Liebmann, Scholar: St. Mary's Law Review on Minority Issues ix-xviii ()
- A Reflection on Rulemaking: The Rule 11 Experience, 37 Loyola of Los Angeles 563-572 () (with Andrew Wasson)
- Asbestos Litigation in the United States: Delay in Court and Premature Adjudication, in The Law's Delay: Essays on Undue Delay in Civil Litigation 69-82 (C.H. van Rhee ed., )
- Clients I Remember Part Four, 15 Experience 29-30 (Fall )
- Clients I Remember: Part Three, 14 Experience 28 (Spring )
- Father's Day Eulogy to William Kelley, 7 Green Bag 209-214 () (with Christopher Machera)
- Punitive Damages - The American Tradition of Private Law Enforcement, 7 Humboldt Forum Recht. 7-2004 ()
- Reflections on Brown, 6 Journal of Appellate Practice & Process 17-38 (Spring )
- Reproducing the Right Sort of Hierarchy, in Duncan Kennedy, Legal Education and the Reproduction of Hierarchy: A Polemic Against the System 145-153 ()
- The Evils of Longevity, 7 Green Bag 121-123 ()
- The Revocability of Contract Provisions Controlling Resolution of Future Disputes Between the Parties, 67 Law and Contemporary Problems 207-221 (Winter/Spring ) (with Paul Y. Castle)
- Exporting Democracy to Iraq, 4 Perspectives: Teaching Legal Research and Writing 2003 () (in English and Chinese)
- A Eulogy to Harriet Joyner Wigmore, 6 Green Bag 2 ()
- Incorrect Speech, Incorrect Hearing: A Problem of Postmodern Legal Education, 53 Journal of Legal Education 404-12 ()
- Privatization of Law Enforcement in the United States, Proceedings of Stiftung Gesellschaft fur Rechtspolitik ()
- Self-Deregulation, the "National Policy" of the Supreme Court, 3 Nevada Law Journal 259-288 (Winter )
- The Civil Jury: Democracy at the Courthouse, 13 Duke Journal of Comparative & International Law 79-94 ()
- Unconscionable Lawyers, 19 Georgia State University Law Review 361-393 ()
- Unconscionable Predispute Arbitration Provisions in Construction Contracts, 2002 Molds: A Mold Property and Personal Injury Magazine 51 () (with Paul Y. Castle)
- A Mother's Day Eulogy for Janet George Llewellyn, 5 Green Bag 265-268 ()
- Fearing Fear Itself, 5 Green Bag 375-385 ()
- Selecting North Carolina Judges for the 21st Century, N.C. State Bar Journal 8-10 ()
- Selecting Pennsylvania Judges in the 21st Century, 106 Dickinson Law Review 747-753 () (with Adam Long)
- The Independence and Democratic Accountability of the Supreme Court of Ohio: Recalling the Work of Frederick Grimk, 30 Capital University Law Review 455-487 () (with Adam Long)
- A Christmas Thought for Children, 4 Green Bag 2 ()
- Appeals, in Encyclopedia of Social Sciences 585 (Marc Galanter ed., )
- Our Imperial First Amendment, 34 University of Richmond Law Review 1167-1211 ()
- The Right to Self-Government After Bush v. Gore, Duke University School of Law Public Law and Legal Theory Working Paper No. () (with H. Jefferson Powell)
- Tikkun Olam: A Mother's Day Eulogy for Frederika Dembetz Brandeis, 4 Green Bag 2 () (with Sarah Berger)
- The Dark Side of Contract Law, 36 Trial Magazine 73 ()
- Tanking the Rankings: Grading Law Schools by Conventional Measurements Is More Than Shallow, It's Pernicious, 22 American Lawyer 39 ()
- A Mother's Day Eulogy for Margaret Walker Wythe, 3 Green Bag 2 () (with Kelley)
- Big Money in Texas Judicial Elections: The Sickness and Its Remedies, 53 SMU Law Review 263-275 ()
- Recent Efforts to Change Discovery Rules: Advice for Draftsmen of Rules for State Courts, 9 Kansas Journal of Law & Public Policy 456-473 ()
- Tocqueville's Aristocracy in Minnesota, 26 Willam Mitchell Law Review 485-523 ()
- Virtual Arbitration, 15 Ohio State Journal on Dispute Resolution 669-674 ()
- A Proposal for a Proceeding in the Nature of A Bill of Peace to Determine Scientific Issues Recurring in Civil Litigation, in Mass Torts Working Group of Judicial Conference of the United States, Conference on Mass Torts () (with others)
- Ernst Freund, in American National Biography ()
- Fitness Training, 2 Green Bag 2 ()
- Lawyers Amid the Redemption of the South, 5 Roger Williams University Law Review 1999-2000 () (1999-2000)
- Moths to the Light: The Dubious Attractions of American Law, 46 University of Kansas Law Review 673 () (republished in Festschrift fer Bernard Grossfeld zum 65. Geburtstag 129 (Ulrich Hubner & Werner Ebke eds., 1999))
- Restoring Vitality to State and Local Politics: Correcting the Excessive Independence of the Supreme Court, 50 Alabama Law Review 397 ()
- Teaching Civil Procedure: A Retrospective View, 49 Journal of Legal Education 311 () (also published as Teaching American Civil Procedure since 1779, in Legal Canons (J. M. Balkin & Sanford Levinson eds., 2000))
- The Obsolescence of the United States Courts of Appeals: Roscoe Pound's Structural Solution, 15 Journal of Law and Politics 515 ()
- Virtual Civil Litigation: A Visit to John Bunyan's Celestial City, 98 Columbia Law Review 1516 () (republished as Virtuelles Ziviverfarhren in den USA: Ein Besuch in John Bunyans Himmlischer Statt in ZZZ International (Spring 1999))
- Judicial Independence and Accountability in Highest State Courts, Law and Contemporary Problems 79 ()
- Law and Economics in the Creation of Federal Administrative Law: Thomas Cooley, Elder to the Republic, 83 Iowa Law Review 363 ()
- Regulating Dispute Resolution Provisions in Adhesion Contracts, 35 Journal of Legislation 225 ()
- Transcript of the the 'Alumni' Panel on Discovery Reform, 39 Boston College Law Review 809 () (with others)
- "Law as The Common Thoughts of Men": The Law-Teaching and Judging of Thomas McIntyre Cooley, 49 Stanford Law Review 495 ()
- A Tale of Two Lawyers, 91 Northwestern University Law Review 615 ()
- Law and the Wisconsin Idea, 47 Journal of Legal Education 297 () (with Erika King)
- Renovating Discovery, 49 Alabama Law Review 51 ()
- The Constitutional Law Scholarship of Thomas McIntyre Cooley, 41 American Journal of Legal History 368 ()
- The Constitutional Limits of Judicial Rulemaking: The Illegitimacy of Mass-Tort Settlements Negotiated Under Rule 23, 39 Arizona Law Review 461 () (with Derek P. Apanovitch)
- The Federal War on Drugs: Time for a Reality Check?, Thomas M. Cooley Law Review ()
- A New Confederacy?: Disunionism in the Federal Courts, 45 Duke Law Journal 929 ()
- ADR and Future Adjudication: A Primer on Dispute Resolution, 15 Review of Litigation 1 () (reprinted in 31 International Society of Barristers Quarterly 362 (1996))
- Contracts and Jurisdiction, 1996 Supreme Court Review 331 () (with Paul Haagen)
- Federal Use of State Institutions in the Administration of Justice, 49 SMU Law Review 557 ()
- Reluctant Experts, Law and Contemporary Problems 51 () (with Traci L. Jones)
- Der Einschluss Kontinentalen Rechts und Juristen und Rechtskultur der USA, 1776-1933, Juristen Zeitung ()
- Good Sense and 21, 52 Washington and Lee Law Review 987 ()
- Hail! Langdell!, 20 Journal of Law & Social Inquiry 691 ()
- Maurice Rosenberg, 95 Columbia Law Review 1901 ()
- The Missionary Diocese of Chicago, 44 Journal of Legal Education 467 ()
- The Twenty-First Wisdom, 52 Washington and Lee Law Review 333 ()
- Wigmore-san, 1 Toin Law Journal () (Japanese Translation)
- How We Got Here and Where We Are Headed, in Revolutionary Changes in Practice under the New Federal Rules of Civil Procedure (M. Aspen and J. Solovy eds, )
- International Litigation in the Courts of the United States, in The International Symposium on Civil Justice in the Era of Globalization: Collected Reports ()
- Learning from the Rule 26 Brouhaha: Our Courts Need Real Friends, 156 Federal Rules Decisions 295 ()
- Legal Education for the People: Populism and Civic Virtue, 43 Kansas Law Review 1 ()
- Reflections on the Interface of Treaties and Rules of Procedure: Time for Federal Long-Arm Legislation, Law and Contemporary Problems 153 () (with J. Dickson Phillips)
- William Gardiner Hammond and the Lieber Revival, 16 Cardozo Law Review 2135 ()
- A Synthesis of Participants' Ideas: The Small Group Discussions, FJC Directions 3 () (with others)
- Buffaloes and a Straw Man, 26 Connecticut Law Review 295 ()
- Comment on Derrick Bell's Diversity and Academic Freedom, 43 Journal of Legal Education 380 ()
- Meaning and Professionalism in American Law, 10 Constitutional Commentary 297 ()
- Remembering Jefferson, 2 William & Mary Bill of Rights Journal 455 ()
- Butterfly Effects: The Political Influence of Law Teachers, 41 Duke Law Journal 741 ()
- Diversity!, 1992 Utah Law Review 1105 ()
- Law and Chivalry: An Exhortation from the Spirit of the Hon. Hugh Henry Brackenridge of Pittsburgh (1748-1816), 53 University of Pittsburgh Law Review 705 ()
- One Law: The Role of Legal Education in the Opening of the Legal Profession since 1779, 44 Florida Law Review 591 ()
- Preble Stoltz, 80 California Law Review 811 ()
- Teaching Law in the Antebellum Northwest, 23 University of Toledo Law Review 3 ()
- The Theme of Early American Law Teaching: The Political Ethics of Francis Lieber, 42 Journal of Legal Education 339 ()
- Why Deans Stay: A Quitter's Response, 51 Maryland Law Review 505 ()
- Accreditation and the AALS: The Boalt Affair, 41 Journal of Legal Education 363 ()
- Aftermath, in Essays for Patrick Atiyah (Peter Cane & Jane Stapleton, eds., )
- Historical Preface, in Civil Procedure Supplement i ()
- The New Order in Judicial Rulemaking, 75 Judicature 161 ()
- An Unknown Court: Appellate Caseload and the "Reliability" of the Law, in Restructuring Justice (A. Hellman ed., )
- Teaching Law and Virtue at Transylvania University: The George Wythe Tradition in the Antebellum Years, 41 Mercer Law Review 673 ()
- The Civil Jury at 199: Reflections of a Forthcoming Bicentenial, University of Chicago Legal Forum ()
- The Revolutionary Idea of University Legal Education, 31 William and Mary Law Review 527 ()
- The Seventh Amendment: Some Bicentennial Reflections, 1990 University of Chicago Legal Forum 33-86 ()
- Trial by Jury in Civil Litigation: An American Idiosyncracy, in United States/Japan Commercial Law and Trade (V. Kusuda-Smick ed., )
- "Substance" and "Procedure" in the Rules Enabling Act, 1989 Duke Law Journal 281 ()
- A Senate of Five: An Essay on Sexuality and the Law, 23 Georgia Law Review 859 ()
- Commencement Remarks, 11 Benchmark 38 ()
- Making Rules to Dispose of Manifestly Unfounded Assertions: An Exorcism of the Bogy of Non-Transubstantive Rules of Civil Procedure, 137 University of Pennsylvania Law Review 1067 ()
- Thoughts for a Third Century: A Roscoe Pound Viion, in The Federal Appellate Judiciary in the 21st Century 227-230 (Cynthia Harrison & Russell R. Wheeler eds., )
- U.S. Courts of Appeals and U.S. District Courts: Relationships in the Future, in The Federal Appellate Judiciary in the 21st Century (Cynthia Harrison & Russell R. Wheeler eds., )
- Continuing Work on the Civil Rules: The Summons, 63 Notre Dame Law Review 733 ()
- Foreword (The Scientific Study of Legal Institutions), Law and Contemporary Problems 1 ()
- Freedom and Community in the Academy, 66 Texas Law Review 1577 ()
- In Memory of David F. Cavers, Law and Contemporary Problems xii ()
- Afterword: Why Deans Quit, 1987 Duke Law Journal 342 ()
- Law, the River, and the Lamp, American College of Trial Lawyers Bulletin 1 ()
- The Function of the Civil Appeal: A Late-Century View, 1987 South Carolina Law Review 411 ()
- The Dangers of the Graduate School Model, 36 Journal of Legal Education 10 ()
- Trial by Jury, in Encyclopedia of the American Constitution (L. Levy, et al. eds., )
- Book Review, 71 A.B.A. Journal 98 () (reviewing Richard Posner, The Federal Courts: Crisis and Reform (1985))
- Correspondence, 35 Journal of Legal Education 1-26 ()
- James A. Martin: An Appreciation, 84 Michigan Law Review 339 ()
- Book Review, 72 California Law Review 477 () (reviewing R. Stevens, Law School: Legal Education in America from the 1850s to the 1980s (1983))
- Civil Procedure and Alternative Dispute Resolution, 34 Journal of Legal Education 298 ()
- Federal Civil Appellate Jurisdiction: An Interlocutory Restatement, Law and Contemporary Problems 13 ()
- Of Law and the River, 34 Journal of Legal Education 222 ()
- Toward a Federal Civil Interlocutory Appeals Act, Law and Contemporary Problems 165 ()
- A Call for a Profession of Truth, 32 Journal of Legal Education 267 () (sub nom. Cassius, Publius D.)
- Remarks at the Judicial Conference of the Second Circuit, 93 Federal Rules Decision 735 ()
- Book Review () (reviewing Allen, Law, Intellect and Education (1981))
- Ceremony and Realism: Demise of Appellate Procedure, 66 A.B.A. Journal 860 ()
- Adjudication as a Private Good: A Comment, 8 Journal of Legal Studies 303 ()
- The Right to Zealous Counsel, 1979 Duke Law Journal 1229 ()
- Current Developments in Judicial Administration, 80 Federal Rules Decision 180 ()
- Let the Tribunal Fit the Case: A Comment, 80 Federal Rules Decision 180 ()
- Negative Attitudes of Law Students, 76 Michigan Law Review 1036 () (with James J Conley)
- The University Law School and Legal Services, 53 N.Y.U. Law Rev. 402 ()
- The Alienation of Law Students, 75 Michigan Law Review 887 () (with James J. Conley)
- On the Pursuit of Competence, Trial 36 ()
- Book Review () (reviewing The Politics of Federal Judicial Administration by Fish, P.G. (1974))
- Book Review, 1974 University of Illinois Law Forum 187-191 () (reviewing Richard A. Posner, Economic Analysis of Law (1972))
- United States Appeals in Civil Cases: A Field and Statistical Analysis, 11 Houston Law Review 1101 ()
- Financing the American Dream: Equality and School Taxes, 73 Columbia Law Review 1227 ()
- On Egalitarian Overzeal: A Polemic Against the Local School Property Tax Cases, 1972 University of Illinois Law Forum 232 ()
- Some Brickbats for the Proposed Equal Educational Opportunities Act of 1972, Law Quadrangle Notes 18 ()
- Training for the Public Professions of the Law, in Proceedings () (reprinted by ALI-ABA Joint Committee (1972) and in Packer and Ehrlich, New Directions in Legal Education (1972))
- Civilizing University Discipline, 69 Michigan Law Review 393 () (reprinted inLaw & Discipline on Campus (1971))
- Introductory Remarks, Improving Procedures in the Decisional Process 51 ()
- Adjudication Procedures, in The New Michigan Administrative Procedures (Cramton & Holmes eds. (Cramton & Holmes eds., )
- Report on the University of Mississippi, 56 AAUP Bulletin 75 () (with Adams)
- Statement on Student Rights and Responsibilities, 1 J. Hum. Rts. 140 () (with others) (with others)
- Crowded Dockets and the Court of Appeals: The Threat to the Function of Review and the National Law, 82 Harvard Law Review 542 ()
- Power of District Judges and the Responsibility of Courts of Appeals, 3 Georgia Law Review 507 ()
- Professionalism and Student Protest, 55 A.B.A. Journal 943 ()
- The Many Mansions of a University, 17 American Journal of Comparative Law 331 ()
- Discovery: An Overview of the Uses and Goals of Discovery, in Hospital Liability Cases in Hospital Liability Law ()
- Professionalism and Our Troubled Times, 54 A.B.A. Journal 1167 ()
- Tax Assessors and Their Information, 10 Michigan Assessors 3 () (with Levy)
- Substantive Interests and the Jurisdiction of State Courts, 66 Michigan Law Review 227 () (1967) (with James A. Martin) (with James A. Martin)
- Book Review () (reviewing Honnold and Farnsworth, Cases and Materials on Commercial Law (1966))
- Book Review, 64 Michigan Law Review 562-564 () (reviewing Thurman Arnold, Fair Fights and Foul: A Dissenting Lawyer's Life (1965))
- Collateral Estoppel and Foreign Judgments, 24 Ohio State Law Journal 381 ()
- The Modern Utility of Quasi-in-Rem Jurisdiction, 76 Harvard Law Review 303 ()
- Banking, Commercial Paper and Investment Securities Under the Uniform Commercial Code, 14 Wyoming Law Journal 198 ()
- Book Review, 73 Harvard Law Review 1435-1438 () (reviewing Curtis Bok, Star Wormwood (1959))
- Uniform Commercial Code--Sales, Bulk Sales, and Documents of Title, 15 Wyoming Law Journal 1 ()
- Foreword to the Study of the Uniform Commercial Code, 14 Wyoming Law Journal 17 ()
- The Moral Quality of the Criminal Law, 54 Northwestern University Law Review 575 ()
- Book Review, 71 Harvard Law Review 1590-1592 () (reviewing Charles H. Alexandrowicz, Constitutional Developments in India (1957), and Lawrence F. Ebb, Public Law Problems in India: A Survey Report (1957))
- Political Questions: The Judicial Check on the Executive, 42 Virginia Law Review 175 ()
Newspaper Articles and Commentary
- Bring the Justices Back to Earth (Op-Ed.), New York Times (, at A23)
- No Such Thing As A Corporate Citizen, National Law Journal (, at 39)
- When to Retire a Justice, New York Times ()
- Mandatory Arbitration Clauses: Time to Revise FAA, National Law Journal (, at 12)
- A Service Profession, 240 Science () (reviewing Terence C. Halliday, Beyond Monopoly: Lawyers, State Crises, and Professional Empowerment (1987))
- Dean's Dedication Speech, Duke Law Magazine (, at 28) (for the Salmon P. Chase Law School, University of Northern Kentucky)
Multimedia
- Transnational Dispute Resolution (Temp ed. )