Faculty Bibliography
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Charles Fried, Types, 14 Const. Comment. 55 (1997).
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Charles Fried, Reply to Lawson, 17 Harv. J.L. & Pub. Pol'y 35 (1994).
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"As Reagan's solicitor general, Fried selected and argued cases involving some of the most important legal battles in our time: abortion, flag burning, civil rights, and capital punishment. In this provocative and lively memoir, he gives an inside look at how these controversial cases were part of the larger Reagan judicial revolution." - Amazon
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Charles Fried, The Conservatism of Justice Harlan, 36 N.Y.L Sch. L. Rev. 33 (1991).
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Paul M. Bator, The Constitution as Architecture: Legislative and Administrative Courts Under Article III, 65 Ind. L.J. 233 (1990)(Charles Fried ed.).
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This article was originally delivered as part of the Addison C. Harris Lecture Series at the Indiana University School of Law at Bloomington on October 22-23, 1986. Prior to Professor Bator’s death on February 24, 1989, he asked Professor Charles Fried of the Harvard Law School to oversee the publication of this article, indicating that he was generally satisfied with his most recent draft. Accordingly, apart from minor editorial changes, this article is substantially in the form in which Professor Bator left it.
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Paul M. Bator, What is Wrong with the Supreme Court?, 51 U. Pitt. L. Rev. 673 (1990)(Charles Fried ed.).
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This article was originally delivered as the Mellon Lecture at the University of Pittsburgh School of Law on April 18, 1987. Before his death on February 24, 1989, Professor Bator asked Professor Charles Fried of the Harvard Law School to edit and oversee the publication of his text. As indicated, portions of this text have been reconstructed by Professor Fried from Professor Bator’s notes and outlines.
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Charles Fried, Debate, After the Independent Counsel Decision: Is Separation of Powers Dead?, 26 Am. Crim. L. Rev. 1669 (1989).
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Presentation Second Annual Lawyers Convention of the Federalist Society: The Constitution and Federal Criminal Law.
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Charles Fried, The Challenge of Legal Education, 8 Harv. J.L. & Pub. Pol'y 309 (1985).
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The Symposium: The 1984 Federalist Society National Meeting
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Charles Fried, Liberals and Love, New Republic, Dec. 24, 1984, at 40 (reviewing Morris Janowitz, The Reconstruction of Patriotism: Education for Civic Consciousness (1983)).
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Charles Fried, The Trouble With Lawyers, N.Y. Times, Feb. 12, 1984, at 56.
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Charles Fried, Questioning Quotas, New Republic, Dec. 26, 1983, at 9.
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Discusses the rights and aspirations of the blacks in the U.S. Suggestion that the U.S. President should make special efforts to find blacks or Hispanics to fill high government posts; Information on the Office of Federal Contract Compliance that would help to enforce racial and gender goals and timetables on virtually anyone who does business with the federal government; Statement that the power of government should be brought to bear in a coercive way on private institutions and persons primarily to assure that one treats each other justly; View that if the preferences in reverse discrimination arise from aspirations only and not as a matter of right, then the imposition of quotas, goals, and timetables by government on private institutions represents an assertion of state power with major implications; Claim that goals and quotas are a matter of justice and rights.
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Charles Fried, Exit, New Republic, Oct. 31, 1983, at 10.
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Focuses on foreign and economic policies adopted by several countries as of October 1983. Policies related to emigration adopted by the Soviet Union under the leadership of President of France François Mitterrand; Strategies related to the export of capital adopted by the U.S. administration under the leadership of former U.S. President Lyndon Baines Johnson; Description of the taxation policies adopted by the U.S. President Ronald Reagan.
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John Rawls' A Theory of Justice represented a rare intellectual event. It advanced a fresh, detailed and powerful conception of political economy, and rooted that conception in an elaborately worked out political and moral philosophy. Rawls' two principles of justice, with the celebrated maximin standard of distributive justice, represent the point of departure for any serious discussion of this subject. The details of Rawls' proposal are too well known to require summary. Instead, I shall call attention to the basic premise of his work and to a significant anomaly in it, as setting the stage for my own proposal.
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Charles Fried, Liberalism, Community and the Objectivity of Values, 96 Harv. L. Rev. 960 (1983) (reviewing Michael J. Sandel, Liberalism and the Limits of Justice (1982)).
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Charles Fried, Federalism -- Why Should We Care?, 6 Harv. J.L. & Pub. Pol'y 1 (1982).
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"This book displays the underlying structure of a complex body of law and integrates that structure with moral principles. Charles Fried grounds the basic legal institution of contract in the morality of promise, under which individuals incur obligations freely by invoking each other's trust. Contract law and the promise principle are contrasted to the socially imposed obligations of compensation, restitution, and sharing, which determine the other basic institutions of private law, and which come into control where the parties have not succeeded in invoking the promise principle--as in the case of mistake or impossibility. Professor Fried illustrates his argument with a wide range of concrete examples; and opposing views of contract law are discussed in detail, particularly in connection with the doctrines of good faith, duress, and unconscionability. For law students and legal scholars, Contract asPromise offers a coherent survey of an important legal concept. For philosophers and social scientists, the book is a unique demonstration of the practical and detailed entailments of moral theory." - Amazon
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Charles Fried, The Laws of Change: The Cunning of Reason in Moral and Legal History, 9 J. Legal Stud. 335 (1980).
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