Government by Judiciary

The Writings of Raoul Berger

Judiciary_451-500.indd 35 5/14/11 11:59 AM The Writings ofRaoul Berger BOOKS Congress v. The Supreme Court (Cambridge, Harvard University Press, 1969). Impeachment: Some Constitutional Problems (Cambridge, Harvard University Press, 1973). Executive Privilege: A ConstitutionalMyth (Cambridge, Harvard University Press, 1974). Government by Judiciary: The Transformation of the Fourteenth Amendment (Indianapolis, Liberty Fund, 1997). Death Penalties: The Supreme Court's Obstacle Course (Cambridge, Harvard University Press, 1982). Federalism: The Founders' Design (Norman, University ofOklahoma Press, 1987). Selected Writings on the Constitution. Foreword by Philip B. Kurland (Cumberland , Va., James River Press, 1987). The Fourteenth Amendment and the Bill ofRights (Norman, University of Oklahoma Press, 1988). ARTICLES "Usury in Instalment Sales," 2 Law & Contemporary Problems 148 (193s). "Exhaustion of Administrative Remedies," 48 Yale Law Journal 981 (1939). "From Hostage to Contract," 3S Illinois Law Review 1S4• 281 (1940). "Intervention by Public Agencies in Private Litigation in the Federal Courts," so Yale Law Journal 6s (1940). "Constructive Contempt: A Post-Mortem," 9 University of Chicago Law Review 6o2 (1942). "Freezing Controls: The Effects of an Unlicensed Transaction" (with Boris Bittker), 47 Columbia Law Review 398 (1947). "Meeting Competition Under the Robinson-Patman Act" (with Abraham S. Goldstein), 44 Illinois Law Review 31s (1949). "Government Immunity From Discovery" (with Abe Krash), so Yale LawJournal 14s1 (19so). Judiciary_451-500.indd 36 5/14/11 11:59 AM The Writings ofRaoul Berger "The Status of Independent Producers Under the Natural Gas Act" (with Abe Krash), 30 Texas Law Review 29 (I95I). "Estoppel Against the Government," 2I University ofChicago Law Review 68o (I954)· "'Disregarding the Corporate Entity' for Stockholders' Benefit," 55 Columbia Law Review 8o8 (I955). "Removal of Judicial Functions From Federal Trade Commission to a Trade Court: A Reply to Mr. Kintner," 59 Michigan Law Review I99 (I96o). "Administrative Arbitrariness and Judicial Review," 65 Columbia Law Review 55 (I965). "Executive Privilege v. Congressional Inquiry" (Parts I & 2), I 2 UCLA Law Review ro44, 1288 (I965). "Administrative Arbitrariness: A Rejoinder to Professor Davis' 'Final Word,'" I I4 University of Pennsylvania Law Review 8I6 (I966). "Administrative Arbitrariness: A Reply to Professor Davis," I14 University of Pennsylvania Law Review 783 (1966). "Administrative Arbitrariness: A Sequel," 51 Minnesota Law Review 6or (I967). "Do Regulations Really Bind Regulators?" 62 Northwestern University Law Review 137 (I967). "Retroactive Administrative Decisions," I I5 University of Pennsylvania Law Review 37I (I967). "Administrative Arbitrariness: A Synthesis," 78 Yale Law Journal 965 (I969). "Dr. Bonham's Case: Statutory Construction of Constitutional Theory," I I7 University of Pennsylvania Law Review 52 I (r969). "Standing to Sue in Public Actions: Is It a Constitutional Requirement?" 78 Yale Law Journal 8r6 (1969). "Impeachment ofJudges and 'Good Behavior' Tenure," 79 Yale Law Journal 1475 (1970). "Impeachment for 'High Crimes and Misdemeanors,' " 44 Southern California Law Review 395 (1971). "The Presidential Monopoly of Foreign Relations," 7I Michigan Law Review I (1972). "War-Making by the President," 121 University of Pennsylvania Law Review 29 (1972). "Impeachment: A Counter Critique," 49 Washington Law Review 845 (I974). "The Incarnation of Executive Privilege," 22 UCLA Law Review 4 (I974). "Judicial Review: Countercriticism in Tranquility," 69 Northwestern University Law Review 390 (I974). "The President, Congress, and the Courts,'' 83 Yale Law Journal III r (1974). Judiciary_451-500.indd 37 5/14/11 11:59 AM The Writings ofRaoul Berger "Congressional Subpoenas to Executive Officials," 75 Columbia Law Review 865 (I975). "Executive Privilege: A Reply to Professor Sofaer," 75 Columbia Law Review 603 (I975). "Executive Privilege: Some Counter Criticism," 44 University ofCincinnati Law Review I66 (I975). "Executive Privilege, Professor Rosenblum, and Higher Criticism," I975 Duke Law Journal 921. "Protection ofAmericans Abroad," 44 University ofCincinnati Law Review 74I (I975). "Bills ofAttainder: A Study ofAmendment by the Court," 63 Cornell Law Review 355 (I978). "The Constitution and the Rule ofLaw," I Western New England Law Review 26I (I978). "Dean Green: Some Personal Recollections," 56 Texas Law Review 475 (1978). "The Fourteenth Amendment: Facts v. Generalities," 32 Arkansas Law Review 280 (I978). "Government byJudiciary: Some Countercriticism," 56 Texas Law Review I I25 (I978). "War, Foreign Affairs, and Executive Secrecy," 72 Northwestern University Law Review 309 (I978). "'ChillingJudicial Independence': A Scarecrow," 64 Cornell Law Review 822 (1979). "The Fourteenth Amendment: The Framers' Design," 30 South Carolina Law Review 495 (I979). "The Fourteenth Amendment: Light From the Fifteenth," 74 Northwestern University Law Review 3I I (I979). "Government byJudiciary: John Hart Ely's Invitation," 54 Indiana LawJournal 277 (I979). "'Government byJudiciary':Judge Gibbons' Argument Ad Hominem," 59 Boston University Law Review...