Diane P. Wood

When to Hold, When to Fold, and When to Reshuffle: The Art of Decisionmaking on a Multi-Member Court

This Essay explores the instrumental and normative considerations that prompt judges to publish separate opinions. After discussing the traditions of separate writing in American judicial practice, the author provides a contemporary judge’s perspective on the aims of separate opinions and on the cost-benefit analysis that judges invariably undertake when contemplating whether to write a concurrence or dissent. Turning to her own work on the Seventh Circuit, the author then identifies three broad categories of dissents she has penned over the past sixteen years: “principle-based dissents,” “process-based dissents,” and “accuracy-focused dissents.” The Essay concludes by suggesting that a more forthright appraisal of the dynamics of decisionmaking on multi-member courts could benefit the judicial system as a whole.

Trade Regulation: Cases and Materials

This casebook provides an overview of trade regulation, including an integrated discussion of the major antitrust guidelines from the Department of Justice and the Federal Trade Commission during the 1990s and significant antitrust process issues. The books comparative law materials reflect expanded antitrust systems of other nations, and a series of economic essays and notes offer views on antitrust policy development. The casebook offers hypothetical problems throughout as a teaching aid. Highlights of the new edition include full integration of Supreme Court cases into appropriate sections of the casebook; important Court of Appeals and District Court opinions; important merger cases; increased attention on cases and scholarship relating to the intersection between antitrust and intellectual property; additional Department of Justice (DOJ) and Federal Trade Commission (FTC) guidelines; and an expanded section on extraterritorial reach and comity.

Who Should Regulate the Space Environment: The Laissez Faire, National, and Multinational Options

In 1994 Cambridge University Press published Preservation of Near-Earth Space for Future Generations, a volume based on a 1992 symposium cosponsored by the Midwest Center of the Academy and the University of Chicago in honor of the universitys centennial. The conference, chaired by the books editor, John A. Simpson (University of Chicago), brought together physical scientists from both private and government institutions (including national space programs), legal experts, economists, political scientists, and policy makers from all the spacefaring nations. The book includes versions of the papers prepared by participants in advance of the symposium, as well as excerpts from the discussion sessions. The feasibility study for the symposium was supported by the Midwest Center, and the conference itself was funded by the John D. and Catherine T. MacArthur Foundation.