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Publication Types
Categories
Charles Fried, Contract As Promise: A Theory of Contractual Obligation (Oxford Univ. Press 2d ed. 2015).
Categories:
Consumer Finance
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Banking & Finance
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Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Contracts
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Consumer Contracts
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Legal Theory & Philosophy
,
Legal & Political Theory
Type: Book
Abstract
"Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field." - Amazon
Charles Fried & Gregory Fried, Because It Is Wrong: Torture, Privacy and Presidential Power in the Age of Terror (W.W. Norton & Co. 2010).
Categories:
Government & Politics
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Criminal Law & Procedure
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Disciplinary Perspectives & Law
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Technology & Law
Sub-Categories:
Terrorism
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Legal Theory & Philosophy
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Executive Office
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Military, War, & Peace
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Information Privacy & Security
Type: Book
Abstract
"Can torture ever be justified? When is eavesdropping acceptable? Should a kidnapper be waterboarded to reveal where his victim has been hidden? Ever since 9/11 there has been an intense debate about the government’s application of torture and the pervasive use of eavesdropping and data mining in order to thwart acts of terrorism. To create this seminal statement on torture and surveillance, Charles Fried and Gregory Fried have measured current controversies against the philosophies of Aristotle, Locke, Kant, and Machiavelli, and against the historic decisions, large and small, of Jefferson, Lincoln, and Pope Sixtus V, among many others. Because It Is Wrong not only discusses the behavior and justifications of Bush government officials but also examines more broadly what should be done when high officials have broken moral and legal norms in an attempt to protect us. This is a moral and philosophical meditation on some of the most urgent issues of our time. 6 black-and-white illustrations." - Amazon
Charles Fried, Modern Liberty: And the Limits of Government (W.W. Norton & Co. 2007).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Political Theory
Type: Book
Abstract
In this impassioned defense of liberty, renowned Harvard law professor Charles Fried argues that the seemingly unimpeachable goals of equality and community are often the most potent rivals of freedom. Declared a “spirited, sophisticated manifesto” by the New York Times Book Review, Modern Liberty demonstrates how the dense tangle of government regulations both supports and threatens our personal liberties. Armed with Fried’s insights, readers will be better able to defend themselves against those on both the left and the right who would, even with the best intentions, restrict their liberty.
Charles Fried, Foreword, Election Law: Rights, Remedies, and Recent Cases, 39 Harv. J. L. & Pub. Pol'y 333 (2016).
Categories:
Government & Politics
Sub-Categories:
Elections & Voting
Type: Article
Charles Fried, Medical Experimentation: Personal Integrity and Social Policy (Franklin Miller & Alan Wertheimer eds., Oxford Univ. Press new ed. 2016).
Categories:
Legal Profession
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Health Care
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International, Foreign & Comparative Law
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Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
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Bioethics
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Health Law & Policy
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Human Rights Law
,
Legal Ethics
Type: Book
Abstract
"First published in 1974, Charles Fried's Medical Experimentation is a classic statement of the moral relationship between doctor and patient, as expressed within the concept of personal care. This concept is then tested in the context of medical experimentation and, more specifically, the randomized controlled trial (RCT). Regularly referred to as a point of departure for ethical and legal discussions of the RCT, the book has long been out of print. This new, second edition includes a general introduction by Franklin Miller and the late Alan Wertheimer, a reprint of the 1974 text, and an in-depth analysis by Harvard Law School scholars I. Glenn Cohen and D. James Greiner which discusses the extension of RTCTs to social science and public policy contexts. The volume concludes with a new essay by Charles Fried that reflects on the original text and how it applies to the contemporary landscape of medicine and medical experimentation." -- Back cover.
Charles Fried, A Conscience in Hell, New Rambler Rev., July 15, 2015 (reviewing Herlinde Pauer-Studer & J. David Velleman, Konrad Morgen: The Conscience of a Nazi Judge (2015)).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Charles Fried, Frances Kamm, Frank I. Michelman, John C.P. Goldberg, Laurence H. Tribe, Martha Minow & Richard H. Fallon, In Memoriam: Ronald Dworkin, 127 Harv. L. Rev. 489 (2013).
Categories:
Government & Politics
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Legal Profession
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Constitutional Law
Sub-Categories:
Judges & Jurisprudence
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Legal & Political Theory
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Biography & Tribute
Type: Article
Charles Fried, Opinion of Fried, J., Concurring in the Judgment, in Shakespeare and the Law: A Conversation Among Disciplines and Professions 156 (Bradin Cormack, Martha C. Nussbaum & Richard Strier eds., Univ. Chicago Press 2013).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Humanities
Type: Book
Abstract
"William Shakespeare is inextricably linked with the law. Legal documents make up most of the records we have of his life; trials, lawsuits, and legal terms permeate his plays. Gathering an extraordinary team of literary and legal scholars, philosophers, and even sitting judges, Shakespeare and the Law demonstrates that Shakespeare's thinking about legal concepts and legal practice points to a deep and sometimes vexed engagement with the law's technical workings, its underlying premises, and its social effects. Shakespeare and the Law opens with three essays that provide useful frameworks for approaching the topic, offering perspectives on law and literature that emphasize both the continuities and the contrasts between the two fields. In its second section, the book considers Shakespeare's awareness of common-law thinking and practice through examinations of Measure for Measure and Othello. Building and expanding on this question, the third part inquires into Shakespeare's general attitudes toward legal systems. A judge and former solicitor general rule on Shylock's demand for enforcement of his odd contract; and two essays by literary scholars take contrasting views on whether Shakespeare could imagine a functioning legal system. The fourth section looks at how law enters into conversation with issues of politics and community, both in the plays and in our own world. The volume concludes with a freewheeling colloquy among Supreme Court Justice Stephen G. Breyer, Judge Richard A. Posner, Martha C. Nussbaum, and Richard Strier that covers everything from the ghost in Hamlet to the nature of judicial discretion"--Jacket.
Charles Fried, The Solicitor General's Office, Tradition, and Conviction, 81 Fordham L. Rev. 549 (2012).
Categories:
Government & Politics
Sub-Categories:
Congress & Legislation
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Supreme Court of the United States
,
Executive Office
Type: Article
Abstract
A symposium article discussing the Justice Department and Solicitor General's Department decision not to defend the Defense of Marriage Act (DOMA).
Charles Fried, The June Surprises: Balls, Strikes, and the Fog of War, 38 J. Health Pol. Pol'y & L. 225 (2012).
Categories:
Health Care
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Government & Politics
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Constitutional Law
Sub-Categories:
Supreme Court of the United States
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Health Law & Policy
Type: Article
Abstract
At first, few constitutional experts took seriously the argument that the Patient Protection and Affordable Care Act exceeded Congress's power under the commerce clause. The highly political opinions of two federal district judges — carefully chosen by challenging plaintiffs — of no particular distinction did not shake that confidence that the act was constitutional. This disdain for the challengers' arguments was only confirmed when the act was upheld by two highly respected conservative court of appeals judges in two separate circuits. But after the hostile, even mocking questioning of the government's advocate in the Supreme Court by the five Republican-appointed justices, the expectation was that the act would indeed be struck down on that ground. So it came as no surprise when the five opined the act did indeed exceed Congress's commerce clause power. But it came as a great surprise when Chief Justice John Roberts, joined by the four Democrat-appointed justices, ruled that the act could be sustained as an exercise of Congress's taxing power — a ground urged by the government almost as an afterthought. It was further surprising, even shocking, that Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, and Samuel Alito not only wrote a joint opinion on the commerce clause virtually identical to that of their chief, but that in writing it they did not refer to or even acknowledge his opinion. Finally surprising was the fact that Justices Ruth Bader Ginsburg and Stephen Breyer joined the chief in holding that aspects of the act's Medicaid expansion were unconstitutional. This essay ponders and tries to unravel some of these puzzles.
Charles Fried, Response, The Mind of Justice Scalia: Comments on The Court: A Talk with Judge Richard Posner, N.Y. Rev. Books, Oct. 27, 2011, at 85.
Categories:
Government & Politics
Sub-Categories:
Supreme Court of the United States
Type: Article
Charles Fried, Rebecca H. Gordon, Trevor Potter, Joseph E. Sandler & Ronald M. Levin, Report, Lobbying Law in the Spotlight: Challenges and Proposed Improvements, 63 Admin. L. Rev. 419 (2011).
Categories:
Government & Politics
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Legal Profession
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Constitutional Law
Sub-Categories:
First Amendment
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Congress & Legislation
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Government Transparency
,
Legal Reform
Type: Article
Abstract
Report of the Task Force on Federal Lobbying Laws section of Administrative Law and Regulatory Practice American Bar Association.
Charles Fried, The Nature and Importance of Liberty, 29 Harv. J.L. & Pub. Pol'y 3 (2005).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Law & Political Theory
,
Legal & Political Theory
Type: Article
Charles Fried, Book Review, 2 Int'l J. Const. L. 723 (2004) (reviewing The British Constitution in the Twentieth Century (Vernon Bogdanor ed., 2003)).
Categories:
International, Foreign & Comparative Law
,
Constitutional Law
Sub-Categories:
Comparative Law
,
European Law
Type: Article
Charles Fried, Saying What the Law Is: The Constitution in the Supreme Court (Harvard Univ. Press 2004).
Categories:
Government & Politics
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Property Law
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Legal Profession
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Disciplinary Perspectives & Law
,
Constitutional Law
Sub-Categories:
Religion
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First Amendment
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Fourteenth Amendment
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Fifth Amendment
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Law & Political Theory
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Federalism
,
Supreme Court of the United States
,
Separation of Powers
,
Legal & Political Theory
,
Property Rights
Type: Book
Abstract
"In a few thousand words the Constitution sets up the government of the United States and proclaims the basic human and political rights of its people. From the interpretation and elaboration of those words in over 500 volumes of Supreme Court cases comes the constitutional law that structures our government and defines our individual relationship to that government. This book fills the need for an account of that law free from legal jargon and clear enough to inform the educated layperson, yet which does not condescend or slight critical nuance, so that its judgments and analyses will engage students, practitioners, judges, and scholars. Taking the reader up to and through such controversial recent Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Charles Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality. Fried draws on his knowledge as a teacher and scholar, and on his unique experience as a practitioner before the Supreme Court, a former Associate Justice of the Supreme Judicial Court of Massachusetts, and Solicitor General of the United States to offer an evenhanded account not only of the substance of constitutional law, but of its texture and underlying themes. His book firmly draws the reader into the heart of today's constitutional battles. He understands what moves today's Court and that understanding illuminates his analyses." - Amazon
Charles Fried & David Rosenberg, Making Tort Law: What Should Be Done and Who Should Do It (AEI Press 2003).
Categories:
Civil Practice & Procedure
,
Legal Profession
Sub-Categories:
Torts
,
Legal & Political Theory
Type: Book
Abstract
In Making Tort Law: What Should Be Done and Who Should Do It, Harvard law professors Charles Fried and David Rosenberg note that the system of tort liability in the United States seeks to achieve a variety of aims: to compensate individuals injured by the risky business activities of large entities; to create incentives for those entities to take into account the dangers of their activities in the design of their processes, products, and services; and to allow individuals who feel powerless to make their grievances felt against large, impersonal, and sometimes unresponsive organizations. The authors contend, however, that our current tort system is almost certainly not the best possible way to achieve those goals. At best, they claim, compensation represents an uncertain, delayed, and expensive form of insurance. In addition, the disciplining effect on business is haphazard. Fried and Rosenberg assess the comparative advantages of courts and legislatures in taking the initiative of changing tort law to further the social objective of optimally managing accident risk. They conclude that the nature of the change involved–particularly the function that the change would serve and the means that would work best–strongly suggests that the legislature should play the major role in designing tort reform. And they contend that automobile and other nonbusiness-related accidents should be eliminated from the tort system.
Charles Fried, Five to Four: Reflections on the School Voucher Case, 116 Harv. L. Rev. 163 (2002).
Categories:
Government & Politics
,
Constitutional Law
Sub-Categories:
Religion
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First Amendment
,
Supreme Court of the United States
,
Judges & Jurisprudence
Type: Article
Charles Fried, An Unreasonable Reaction to a Reasonable Decision, in Bush v.Gore: The Question of Legitimacy 3 (Bruce Ackerman ed., Yale Univ. Press 2002).
Categories:
Government & Politics
Sub-Categories:
Elections & Voting
,
Supreme Court of the United States
,
Federalism
Type: Book
Abstract
"The Supreme Court's intervention in the 2000 election will shape American law and democracy long after George W. Bush has left the White House. This study brings together a broad range of legal scholars who address the larger questions raised by the Supreme Court's actions. Did the Court's decision violate the rule of law? Did it inaugurate an era of super-politicized jurisprudence? How should Bush v. Gore change the terms of debate over the next round of Supreme Court appointments?" - Amazon
Charles Fried, Perfect Freedom or Perfect Control, 114 Harv. L. Rev. 606 (2000) (reviewing Lawrence Lessig, Code, and Other Laws of Cyberspace (1999)).
Categories:
Technology & Law
Sub-Categories:
Communications Law
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Cyberlaw
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Information Commons
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Intellectual Property Law
,
Networked Society
,
Information Privacy & Security
Type: Article
Charles Fried, Perfect Freedom, Perfect Justice, 78 B.U. L. Rev. 717 (1998).
Categories:
Legal Profession
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Constitutional Law
Sub-Categories:
First Amendment
,
Biography & Tribute
,
Legal & Political Theory
Type: Article
Charles Fried, Order and Law: Arguing the Reagan Revolution -- A Firsthand Account (Simon & Schuster 1991).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Separation of Powers
,
Executive Office
,
Politics & Political Theory
,
Federalism
,
Judges & Jurisprudence
,
Supreme Court of the United States
,
Legal & Political Theory
Type: Book
Abstract
"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
Charles Fried, Contract As Promise: A Theory of Contractual Obligation (Harvard Univ. Press 1981).
Categories:
Consumer Finance
,
Banking & Finance
,
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Contracts
,
Consumer Contracts
,
Legal Theory & Philosophy
,
Legal & Political Theory
Type: Book
Abstract
"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