SCHOLARSHIP:
Forthcoming Articles and Works in Progress:
"The Mirage of Product Safety," forthcoming in the Oxford
Handbook of Business Ethics (2008)
"Two Theories of Environmental Regulation,"
forthcoming in 26 Social Philosophy and Policy
"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
Books:
Trapped: When Acting Ethically Is Against the Law
(2006)
Law Review Articles:
"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)
"Foreword to Corporate Criminality: Legal, Ethical, and
Managerial Implications," 44 American Criminal Law
Review 1269 (2007)
"Confusion About Hayek's Confusion," 2 NYU
Journal of Law and Liberty 241(2007)
"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, the Common Law, and Fluid Drive," 1 New York University
Journal of Law & Liberty 79 (2005)
"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 onto the Breach: The Inherent Liberalism of
the Criminal Law and Liability for Attempting the Impossible," 54
Hastings Law Journal 1 (2002)
"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 Anarchy and the Law (2006))
"Affirmative Action and the New Discrimination: A Reply to Duncan
Kennedy," 54 Louisiana Law Review 263 (1993)
Philosophy and Other Articles:
"The Obviousness of Anarchy," in
Anarchism/Minarchism: Is a Government Part of a Free Country?
111 (2008)
"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)
"Toward a Theory of Empirical Natural Rights," 22
Social Philosophy and Policy 111 (2005)
"Reflections on the Minimal State," 2 Politics,
Philosophy, and Economics 115 (2003)
"Ethics
and Information Systems: The Corporate Domain" (with H. Jefferson
Smith) 23 Management of Information Science 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)
"Are There Derivative Natural Rights?" 9 Public Affairs Quarterly
215 (1995)
Case Studies and Other Publications:
"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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