Mert Bernstein: Pension Pioneer

Karen W. Ferguson

Merton C. Bernstein: A First-Rate Scholar

Walter Gellhorn

Uncommon Vision

E. Thomas Sullivan

In Praise of Tenure: A Cautionary Essay

Merton C. Bernstein
Some argue that academic freedom would suffice without tenure. The simple answer is that, if the rules of academic freedom existed alone, those who claim its protection would have the full burden of proving violations. With tenure added, adverse actions against faculty must be justified. Quite apart from burdens of proof, the tradition of faculty intellectual independence has been bolstered by tenure and the protective procedures that accompany it.

The Trilogy and Its Offspring Revisited: It’s a Contract, Stupid

Clyde W. Summers
My purpose here is to present a relatively simple analytical framework for describing the role of the courts in enforcing arbitration provisions in collective agreements. It is not a framework articulated in the Court’s opinions, but one which underlies, perhaps subconsciously, the results. It emphasizes the contract roots of arbitration, not in Willistonian terms of worshipping the written word, but more in Corbin’s way of looking to the implicit understanding…

Constitutional Moments, Precommitment, and Fundamental Reform: The Case of Argentina

Geoffrey P. Miller
In this Article, I will consider how Argentina has addressed two universal problems: effecting fundamental reform in the presence of powerful vested interests and precommitting to restrain undesirable behavior by the government in the face of political pressures for short-term solutions.

Judge Bork Is Wrong: The Covenant Is the Law

John Quigley
This Article examines the U.S. ratification of the International Covenant on Civil and Political Rights in light of Judge Bork’s position and the Senate declaration. The Article also focuses on determining the proper status of the Covenant before U.S. courts.

Clearer Conceptions of Insider Preferences

In the midst of the falling sky, Professor Jay Westbrook offered a qualified defense of Levit.27 His defense was provocative, but seriously flawed. I wrote a Response to the Westbrook Article (Article) which identified deficiencies in his analysis and suggested that a much better case could be made for Levit.28 Westbrook then wrote a passionate Reply that was sharply critical of my Response. 29 This essay-rejoinder will put Levit, the…