Richard W. Painter

  • S. Walter Richey Professor of Corporate Law
318 Mondale Hall

Degrees

  • Harvard University, B.A.
  • Yale Law School, J.D.

Expertise

  • Business Law
  • Corporate Governance
  • Government Ethics
  • International Arbitration
  • Legal Ethics
Show all

Professor Richard W. Painter received his B.A., summa cum laude, in history from Harvard University and his J.D. from Yale University, where he was an editor of the Yale Journal on Regulation. Following law school, he clerked for Judge John T. Noonan Jr. of the United States Court of Appeals for the 9th Circuit and later practiced at Sullivan & Cromwell in New York City and Finn Dixon & Herling in Stamford, Conn.

He has served as a tenured member of the law faculty at the University of Oregon School of Law and the University of Illinois College of Law, where he was the Guy Raymond and Mildred Van Voorhis Jones Professor of Law from 2002 to 2005. He has been the S. Walter Richey Professor of Corporate Law at the University of Minnesota Law School since 2007.

From February 2005 to July 2007, he was associate counsel to the president in the White House Counsel’s office, serving as the chief ethics lawyer for the president, White House employees, and senior nominees to Senate-confirmed positions in the executive branch. He is a member of the American Law Institute and is a reporter for the new ALI Principles of Government Ethics. He has also been active in the Professional Responsibility Section of the American Bar Association. He is a board member and vice chair of Citizens for Responsibility and Ethics in Washington as well as a founding board member of Take Back our Republic, a campaign finance reform organization.

Painter has also been active in law reform efforts aimed at deterring securities fraud and improving ethics of corporate managers and lawyers. A key provision of the Sarbanes-Oxley Act of 2002, requiring the SEC to issue rules of professional responsibility for securities lawyers, was based on earlier proposals Painter made in law review articles and to the ABA and the SEC. He has given dozens of lectures on the Sarbanes-Oxley Act to law schools, bar associations, and learned societies, such as the American Academy of Arts and Sciences. Professor Painter has on six occasions provided invited testimony before committees of the U.S. House of Representatives or the U.S. Senate on government ethics, securities litigation, and/or the role of attorneys in corporate governance.

Painter’s book Getting the Government America Deserves: How Ethics Reform Can Make a Difference was published by Oxford University Press in January 2009. His coauthored book (with Professor Claire Hill) Better Bankers, Better Banks: Promoting Good Business Through Contractual Commitment was published by the University of Chicago Press in 2015. From 2014-15 he was a residential fellow at Harvard University's Safra Center for Ethics, which funded his work on a third book, Taxation only with Representation: The Conservative Conscience and Campaign Finance Reform (Take Back our Republic, 2016).

He has written op-eds on government ethics for various publications, including the New York Times, Washington Post and Los Angeles Times, and he has been interviewed several times on government ethics and corporate ethics by national news organizations, including appearances on The Last Word with Lawrence O’Donnell (MSNBC), Anderson Cooper 360 (CNN), CNN News, Fox News, National Public Radio’s All Things Considered, and Minnesota Public Radio News. Painter has also given expert testimony in cases involving securities transactions and the professional responsibility of lawyers. He testified as a defense witness in SEC v. The Reserve Money Market Fund (SDNY, November 2012), a jury trial of an SEC enforcement action against the founders of the world’s oldest money market fund that ended with a defense verdict on all of the fraud counts.

Painter is the coauthor of two casebooks: Securities Litigation and Enforcement (with Margaret Sachs and Donna Nagy; West Academic Publishing, 2003; second edition, 2007; third edition, 2011) and Professional and Personal Responsibilities of the Lawyer (with Judge John T. Noonan Jr.; Foundation Press, 1997; second edition, 2001; third edition, 2011). He has written dozens of articles, book reviews, and essays.

Securities Litigation


Use and Abuse of Presidential Power


Professional Responsibility - Business


Professional Responsibility - Government


Books

American Nero: The History of the Destruction of the Rule of Law, and Why Trump Is the Worst Offender (BenBella Books, 2020)
(with
Peter Golenbock
)
Securities Litigation and Enforcement: Cases and Materials (Thomson/West, 1st ed., 2003; 2d ed., 2008, 3d ed., 2012; West Academic, 4th ed., 2017) (Teacher's Manual, 2003, 2008, 2012 & 2017)
(with
Donna Nagy
and
Margaret Sachs
)
Taxation Only With Representation (Take Back Our Republic, 2016)
Better Bankers, Better Banks: Promoting Good Business through Contractual Commitment (University of Chicago Press, 2015)
(with
Professional and Personal Responsibilities of the Lawyer (Foundation Press, 1st ed., 1997; 2d ed., 2001; 3d ed., 2011)
(with
John T. Noonan Jr.
)
Getting the Government America Deserves: How Ethics Reform Can Make a Difference (Oxford University Press, 2009)

Journal Articles

The Conservative Case for ESG, 9 University of Pennsylvania Journal of Law & Public Affairs 151 (2024)
"You're Fired": Criminal Use of Presidential Removal Power, 25 New York University Journal of Legislation and Public Policy 307 (2023)
(with
Claire O. Finkelstein
)
Deepfake 2024: Will Citizens United and Artificial Intelligence Together Destroy Representative Democracy?, 14 Journal of National Security Law & Policy 121 (2023)
Board Diversity: A Response to Professor Fried, 27 Stanford Journal of Law, Business & Finance 173 (2022)
Presidential Accountability and the Rule of Law: Can the President Claim Immunity If He Shoots Someone on Fifth Avenue?, 24 University of Pennsylvania Journal of Constitutional Law 93 (2022)
(with
Claire O. Finkelstein
)
Separation of Politics and State in the Aftermath of Donald Trump, 47 Ohio Northern University Law Review 509 (2021)
Ethics and Government Lawyering in Current Times, 47 Hofstra Law Review 965 (2019)
Why Limits on Contributions to Super Pacs Should Survive Citizens United, 86 Fordham Law Review 2299 (2018)
(with
Albert W. Alschuler
,
Laurence H. Tribe
and
Norman L. Eisen
)
Majority Rule and the Future of Judicial Selection, 2017 Wisconsin Law Review 263 (2017)
(with
Michael J. Gerhardt
)
People Who Are Not Legal and Who Are Not Alive in the Eyes of the Law, 59 Villanova Law Review 667 (2014) (Symposium in Honor of Judge John T. Noonan, Jr.)
Plugging Leaks and Lowering Levees in the Federal Government: Practical Solutions for Securities Trading Based on Political Intelligence, 2014 University of Illinois Law Review 1521 (2014)
(with
Donna M. Nagy
)
Numerical Half Truths, Human Lies, and Other Distortions of Truth, 47 Valparaiso University Law Review 479 (2013)
Sworn to Fun, Loyal to None: Time Inconsistent Preferences in Investment Banking, 1 Virginia Journal of Criminal Law 334 (2013)
Selective Disclosure by Federal Officials and the Case for an FGD (Fairer Government Disclosure) Regime, 2012 Wisconsin Law Review 1285 (2012)
(with
Donna Nagy
)
"Extraordinary Circumstances": The Legacy of the Gang of 14 and a Proposal for Judicial Nominations Reform, 46 University of Richmond Law Review 969 (2012)
(with
Michael J. Gerhardt
)
Forum Competition and Choice of Law Competition in Securities Law After Morrison v. National Australia Bank, 97 Minnesota Law Review 132 (2012)
(with
Wulf A. Kaal
)
Of the Conditional Fee as a Response to Lawyers, Bankers and Loopholes, 1 American University Business Law Review 42 (2011-2012)
(with
Compromised Fiduciaries: Conflicts of Interest in Government and Business, 95 Minnesota Law Review 1637 (2011)
(with
Pro Se Litigation in Times of Financial Hardship--A Legal Crisis and Its Solutions, 45 Family Law Quarterly 45 (2011)
The Aftermath of Morrison v. National Australia Bank and Elliott Associates v. Porsche, 8 European Company and Financial Law Review 77 (2011)
(with
Wulf A. Kaal
)
The Dodd-Frank Extraterritorial Jurisdiction Provision: Was It Effective, Needed or Sufficient?, 1 Harvard Business Law Review 195 (2011)
When Courts and Congress Don't Say What They Mean: Initial Reactions to Morrison v. National Australia Bank and to the Extraterritorial Jurisdiction Provisions of the Dodd-Frank Act, 20 Minnesota Journal of International Law 1 (Winter 2011)
(with
Douglas Dunham
and
Ellen Quackenbos
)
Berle's Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, 33 Seattle University Law Review 1173-1199 (2010)
(with
Extraterritorial Application of US Securities Laws, 7 European Company Law 90 (2010)
(with
Wulf A. Kaal
)
Initial Reflections on an Evolving Standard: Constraints on Risk Taking by Directors and Officers in Germany and the United States, 40 Seton Hall Law Review 1433 (2010)
(with
Wulf A. Kaal
)
President Obama's Progress in Government Ethics, 26 Constitutional Commentary 195-213 (2010)
The Moral Responsibilities of Investment Bankers, 8 University of Saint Thomas Law Journal 5 (2010)
Bailouts: An Essay on Conflicts of Interest and Ethics When Government Pays the Tab, 41 McGeorge Law Review 131-160 (2009)
Ethics in the Age of Un-incorporation: A Return to Ambiguity of Pre-incorporation or an Opportunity to Contract for Clarity?, 2005 Illinois Law Review 49-64 (2005) (Symposium on Un-incorporation), reprinted in Private Company Law Reform: International and European Perspectives (Joseph A. McCahery, Levinus Timmerman & Erik P.M. Vermeulen, eds., Asser Press, 2010)
Free the Lawyers: A Modest Proposal to Allow Restrictions on Future Law Practice in Settlement Agreements, 18 Georgetown Journal of Legal Ethics 291-323 (2005)
(with
Stephen Gillers
)
Regulatory Competition in EU Corporate Law after Inspire Art: Unbundling Delaware's Product for Europe, 2 European Company & Financial Law Review 159-206 (2005)
(with
Christian Kirchner
and
Wulf Kaal
)
Convergence and Competition in Rules Governing Lawyers and Auditors, 29 Journal of Corporation Law 397-426 (2004) (Symposium on Evaluation and Response to Risk in Law and Accounting in the U.S. and E.U.)
Standing Up to Wall Street (and Congress), 101 Michigan Law Review 1512-1531 (2003) (reviewing Arthur Levitt, Take on the Street: What Wall Street and Corporate America Don't Want You to Know, What Can You Can Do to Fight Back (Pantheon Books, 2002)) (review essay)
Commentary on Brudney and Ferrell, 69 University of Chicago Law Review 1219-1229 (2002) (commenting on article by Victor Brudney and Allen Ferrell on corporate charity)
Takeover Defenses Under Delaware Law, the Proposed Thirteenth EU Directive and the New German Takeover Law: Comparison and Recommendations for Reform, 50 American Journal of Comparative Law 201-226 (2002)
(with
Christian Kirchner
)
Afterword: Jurisdictional Competition as Federalism's Answer to the Multidisciplinary Practice Debate, 36 Wake Forest Law Review 185-191 (2001) (Symposium on Multidisciplinary Practice)
Contracting Around Conflicts in a Family Business: Louis Brandeis and the Warren Trust, 8 University of Chicago Law School Roundtable 353-379 (2001)
Rules Lawyers Play By, 76 New York University Law Review 665-749 (2001)
A European Modified Business Judgment Rule for Takeover Law, 2 European Business Organization Law Review 353-400 (2000)
(with
Christian Kirchner
)
Advance Waiver of Conflicts, 13 Georgetown Journal of Legal Ethics 289-329 (2000) (Symposium on the Ethics of Business Lawyering)
Irrationality and Cognitive Bias at a Closing in Arthur Solmssen's The Comfort Letter, 69 Fordham Law Review 1111 (2000) (Annual Ethics Symposium), reprinted in 34 Securities Law Review 285-311 (2002)
Lawyers' Rules, Auditors' Rules and the Psychology of Concealment, 84 Minnesota Law Review 1399-1437 (2000) (Symposium on Multidisciplinary Practice)
Insider Trading and the Stock Market Thirty Years Later, 50 Case Western Reserve Law Review 305-311 (1999) (Symposium on the Legacy of Henry Manne) (response to essay by Professor Jon Macey)
Open Chambers?, 97 Michigan Law Review 1430-1471 (1999) (reviewing Edward Lazarus, Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court (Times Books/Random House, 1998)) (review essay)
Professional Responsibility Rules as Implied Contract Terms, 34 Georgia Law Review 953-971 (1999) (Symposium on Business Law)
Don't Ask, Just Tell: Insider Trading after United States v. O'Hagan, 84 Virginia Law Review 153-229 (1998)
(with
Kimberly Krawiec
and
Cynthia Williams
)
Responding to a False Alarm: Federal Preemption of State Securities Fraud Causes of Action, 84 Cornell Law Review 1-108 (1998)
Second Opinions in Litigation, 84 Virginia Law Review 1411-1437 (1998) (Olin Foundation Symposium on Law and Economics of Lawyering)
(with
Michael Klausner
and
Geoffrey Miller
)
Disclosure of Environmental Legal Proceedings Under the Securities Laws: A Potential Step Backward, 11 Journal of Environmental Law and Litigation 91-117 (1996) (Symposium on Business and the Environment)
Game Theoretic and Contractarian Paradigms in the Uneasy Relationship Between Regulators and Regulatory Lawyers, 65 Fordham Law Review 149-200 (1996) (AALS Professional Responsibility Section Symposium, AALS Annual Meeting, San Antonio, Texas (Jan. 1996)) (see Ian Ayres, Response to Painter, 65 Fordham Law Review 201-208 (1996))
Lawyer Disclosure of Corporate Fraud: Establishing a Firm Foundation, 50 SMU Law Review 225-276 (1996) (Symposium on Securities Regulation) (presented at the Meeting of the American Law and Economics Association, University of Chicago (May 1996)) (proposing at pages 261-263 legislative provisions resembling Section 307 of the Sarbanes-Oxley Act of 2002)
(with
Jennifer Duggan
)
Contractarian and Cultural Perspectives on Value Creation by Business Lawyers, 74 Oregon Law Review 327-339 (1995) (comment on papers presented at Symposium on Business Lawyering and Value Creation for Clients (Nov. 1994))
Litigating on a Contingency: A Monopoly of Champions or a Market for Champerty?, 71 Chicago-Kent Law Review 625-697 (1995) (Symposium on Fee Shifting)
Toward A Market for Lawyer Disclosure Services: In Search of Optimal Whistleblowing Rules, 63 George Washington Law Review 221-296 (1995)
The Moral Interdependence of Corporate Lawyers and Their Clients, 67 Southern California Law Review 507-584 (1994), reprinted in 36 Corporate Practice Commentator 755-834 (1995)

Book Chapters

A Bipartisan Agenda for Defending Free Enterprise, Assuring Honest Government, and Fighting Climate Change, in Across the Aisle: Why Bipartisanship Works for America (Jill Long Thompson, ed., Indiana University Press, 2024)
Fiduciary Duties of Officers and Directors of Military Contractors: Shareholder Primacy or Loyalty to the United States?, in Ethical Dilemmas in the Global Defense Industry (Daniel Schoeni & Tobias Vestner, eds., Oxford University Press, 2023)
Restoring the Rule of Law through Department of Justice Reform, in Overcoming Trumpery: How to Restore Ethics, the Rule of Law, and Democracy (Norman Eisen, ed., Brookings Institution Press, 2022)
(with
Claire O. Finkelstein
)
Congress Should Establish an Alternative Body to Assess the President, in The Dangerous Case of Donald Trump: 37 Psychiatrists and Mental Health Experts Assess a President: Updated and Expanded with New Essays (Bandy Lee, ed., Thomas Dunne Books, 2019.
(with
Norman Eisen
)
Fiduciary Principles in Legal Representation, in The Oxford Handbook of Fiduciary Law (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff, eds., Oxford University Press, 2019)  
Christian Kirchner's New Institutional Economics and Jurisdictional Competition in Regulation of Public Companies and Financial Services Firms, in Festschrift zu Ehren von Christian Kirchner: Recht im okonomischen Kontext (Wulf Alexander Kaal, Matthias Schmidt, Andreas Schwartze, eds., Mohr Siebeck, 2014)
Transaction Cost Engineers, Loophole Engineers or Gatekeepers: The Role of Business Lawyers After the Financial Meltdown, in Research Handbook on the Economics of Corporate Law (Claire A. Hill & Brett H. McDonnell, eds., Edward Elgar, 2012)
The Dubious History and Psychology of Clubs as Self-Regulatory Organizations, in Restoring Trust in America's Business 127 (Jay W. Lorsch, Leslie Berkowitz & Andy Zelleke, eds., MIT Press, 2005) (American Academy of Arts and Sciences Corporate Responsibility Project symposium)

Editorials, Commentary & Letters

Trump’s Presidential-Immunity Theory Is a Threat to the Chain of Command, The Atlantic, Apr. 15, 2024 (op-ed)
(with
Claire Finkelstein
)
2024 Election Already Signals Political Disdain for Rule of Law, Bloomberg Law, Aug. 2, 2023 (op-ed)
(with
Andrew Warren
)
DeSantis, Trump, and the Rule of Law, Newsweek, June 7, 2023 (op-ed)
(with
Norman Eisen
)
What It Means When a Trump Grand Jury Foreperson Editorializes, U.S. Law Week, Feb. 24, 2023 (op-ed)
(with
David Schultz
and
David Super
)
If Trump Is Charged, It Should Be for the Worst of His Crimes, Washington Post, Aug. 12, 2022 (op-ed)
(with
Claire O. Finkelstein
)
Trump Had a Sweeping View of 'Executive Privilege.’ Now Biden Is Defending It., Washington Post, May 29, 2021 (op-ed)
(with
Claire O. Finkelstein
)
The Supreme Court Just Revoked Trump’s Get-Out-of-Jail-Free Card, Washington Post, July 10, 2020 (op-ed)
(with
Claire O. Finkelstein
)
The 'Friday Night Massacre' Spells the Downfall of William Barr, Newsweek, June 23, 2020 (op-ed)
(with
Claire O. Finkelstein
)
Trump Loves the Rule of Law. As Long as It Targets His Enemies, Washington Post, May 28, 2020 (op-ed)
Trump’s Bid to Stand Above the Law, New York Times, May 8, 2020 (op-ed)
(with
Claire O. Finkelstein
)
Donald Trump's 5 Reasons to Fire Rod Rosenstein Reveal True Aim: Obstructing Robert Mueller, USA Today, Apr. 12, 2018 (op-ed)
(with
Norman L. Eisen
)
Stormy Daniels Is Just One Reason Donald Trump Couldn't Work in His Own White House, USA Today, Mar. 7, 2018 (op-ed)
(with
Norman L. Eisen
)
Trump Hasn’t Fired Mueller — Yet, New York Times, Jan. 26, 2018 (op-ed)
(with
Norman L. Eisen
)
The Four Threats to Robert Mueller, New York Times, Dec. 21, 2017 (op-ed)
(with
Norman L. Eisen
)
After Flynn, Are Kushner and Don Jr. Next?, New York Times, Dec. 1, 2017 (op-ed)
(with
Norman L. Eisen
)
No, Trump Can’t Pardon Himself: The Constitution Tells Us So, Washington Post, July 21, 2017 (op-ed)
(with
Laurence H. Tribe
and
Norman Eisen
)
Did Donald Jr. Break the Law?, New York Times, July 11, 2017 (op-ed)
(with
Norman L. Eisen
)
Robert Mueller Terrifies President Trump. Of Course He Wants Him Gone, USA Today, June 20, 2017 (op-ed)
(with
Norman L. Eisen
)
Donald Trump Ethics Waivers Flood the Swamp with Conflicts of Interest, USA Today, June 7, 2017 (op-ed)
(with
Norman L. Eisen
and
Virginia Canter
)
The White House May Claim Mueller Has Conflicts of Interest. Oh, the Irony, Washington Post, May 22, 2017 (op-ed)
(with
Norman L. Eisen
)
The Criminal President?, New York Times, May 17, 2017 (op-ed)
(with
Norman L. Eisen
)
After Comey Firing, Congress Must Stand Up to Trump, USA Today, May 11, 2017 (op-ed)
(with
Laurence Tribe
and
Norman L. Eisen
)
Contempt for Ethics Hobbles Trump, USA Today, Apr. 26, 2017 (op-ed)
(with
Norman L. Eisen
)
Trump's Taxes Must Be Released before Tax Reform, USA Today, Apr. 15, 2017 (op-ed)
(with
Norman Eisen
)
Trump's Unprecedented War on Ethics, USA Today, Mar. 20, 2017 (op-ed)
(with
Norman L. Eisen
)
Jeff Sessions Needs to Go, New York Times, Mar. 2, 2017 (op-ed)
The Lesson of Nordstrom: Do Business With the Trumps or Else, New York Times, Feb. 9, 2017 (op-ed)
Who Hasn’t Trump Banned? People From Places Where He’s Done Business, New York Times, Jan. 29, 2017 (op-ed)
(with
Norman L. Eisen
)
Trump’s Business ‘Separation’ Plan Does Nothing of the Kind, New York Times, Jan. 12, 2017 (op-ed)
Can Donald Trump Hire Ivanka Trump?, New York Times, Dec. 29, 2016 (op-ed)
(with
Norman Eisen
)
Trump’s Business Empire Isn’t Just an Ethical Disaster, New York Times, Dec. 1, 2016 (op-ed)
Trump’s "Blind Trust" Is neither Blind nor Trustworthy, Washington Post, Nov. 15, 2016 (op-ed)
(with
Norman Eisen
)
On Clinton Emails, Did the F.B.I. Director Abuse His Power?, New York Times, Oct. 30, 2016 (op-ed)
The White House Rule: No Tax Returns, No Job, New York Times, Oct. 6, 2016 (op-ed)
(with
Norman Eisen
)
A Trump Presidency Would Be Ethically Compromised, Washington Post, Sept. 20, 2016 (op-ed)
(with
Norman Eisen
)
The Real Clinton Foundation Revelation, New York Times, Aug. 31, 2016 (op-ed)
Bush Would Have Nominated Garland, New York Times, Mar. 23, 2016 (op-ed)
The Conservative Case for Campaign-Finance Reform, Washington Post, Feb. 3, 2016 (op-ed)
The NRA Protection Racket, New York Times, Dec. 19, 2012 (op-ed) (discussed in televised interviews with CNN Anderson Cooper, MSNBC Lawrence O'Donnell and others)
Why S.E.C. Settlements Should Hold Senior Executives Liable, New York Times, Dealbook, May 29, 2012
(with
Invitation to a Dialogue: A Filibuster Alternative, New York Times, Feb. 29, 2012 and Mar. 4, 2012 (letter and reply to readers' responses in the Sunday Dialogue section of the op-ed page)
(with
Michael Gerhardt
)
Give All Judicial Nominees a Vote, Star-Telgram, May 30, 2011 (op-ed) (urging an end to Senate filibusters of judicial nominees)
The Case for Goodwin Liu, Politico, May 18, 2011 (op-ed)
Marriage Amendment? Leave Marriage Well Enough Alone, Star Tribune, May 8, 2011 (op-ed) (opposing proposed amendment to the Minnesota Constitution)
The Separation of Politics and State, New York Times, June 14, 2010, at 23 (op-ed) (urging curtailment of White House political operations)
Tell Me No Lies: Don't Ask Don't Tell Institutionalizes Dishonesty in the Military, American Lawyer, June 1, 2010
Topic A: Politics as Usual, Washington Post, June 6, 2010 (op-ed) (discussing White House job offers to Senate candidates in Pennsylvania and Colorado)
Court Nominee Liu Follows the Law, Los Angeles Times, May 3, 2010 (op-ed supporting the President's nomination of Goodwin Liu to the Ninth Circuit)
Mutual Funds: Fair Disclosure, Fair Regulation, New York Law Journal, Dec. 18, 2003, at 2 (op-ed) (urging sensible regulation of mutual funds)
Lawyer-Client Confidentiality: Changing Model Rule 1.6 is Long Overdue, California Bar Journal, Aug. 2003, at 1
Congress Tells Corporate Lawyers to Tell Directors About Fraud, The Wall Street Lawyer, Aug. 2002, at 6 (discussing Section 307 of the Sarbanes-Oxley Act of 2002)
Our Security Markets Should Be Secure, Washington Post, Sept. 25, 2001, at A23 (proposing alternative trading floors and other measures to protect stock exchanges from terrorist attack)
Don't Disadvantage Europe: The European Parliament Made the Right Call in Rejecting the Strict Neutrality Rule, Wall Street Journal Europe, July 19, 2001, at 9 (op-ed) (criticizing proposed EU corporate takeover directive that was rejected by the EU Parliament)
A Law Clerk Betrays the Supreme Court, Wall Street Journal, Apr. 13, 1998, at A23 (op-ed) (critical of former Supreme Court clerk's use of confidential materials to write a book on the Court)
If This Is Mail Fraud, Then Most Lawyers Are Guilty, Wall Street Journal, May 4, 1994, at A15 (op-ed) (cited in the Wall Street Journal's lead editorial of June 23, 1994) (critical of mail fraud conviction in United States v. Armand D'Amato (E.D.N.Y 1993), rev'd 39 F.3d 1249 (2d Cir. 1994))

Other Publications

INSIGHT: Trump’s Unitary Executive Theory Meets Cyrus Vance on Fifth Avenue, Daily Tax Report, July 17, 2020
(with
Claire O. Finkelstein
)
Remembering John T. Noonan, Jr., 29 Western Legal History: The Journal of the Ninth Judicial Circuit Historical Society 161 (2018)
DOJ's Ex-Detainee Lawyers: The Ethics Issue, 11:3 Engage: The Journal of the Federalist Society's Practice Groups 104 (Dec. 2010)
(with
Edwin D. Williamson
)
Government Ethics in President Obama's First Year: A Preliminary Assessment, 10:3 Engage: The Journal of the Federalist Society's Practice Groups 104 (Nov. 2009)
Ethics and Corruption in Business and Government: Lessons from the South Sea Bubble and the Bank of the United States (University of Chicago Law School, 2006) (2006 Maurice and Muriel Fulton Lecture in Legal History)
The Impact of Recent Developments in Securities Law and Ethics Rules on Tax Lawyers and Tax Directors, 83 Taxes: The Tax Magazine 81 (Mar. 2005) (University of Chicago Tax Conference)
Roundtable Discussion: Corporate Governance, 77 Chicago-Kent Law Review 235 (2001) (participant) (Theory Informs Business Practice Symposium)
(with
William J. Carney
,
Jack B. Jacobs
,
Robert Pritzker
and
Robert H. Sitkoff
)
New Insider Trading Rules Attempt to Clarify SEC's Approach, 15 Corporate Counsel Weekly 42 (2000)
(with
Kimberly Krawiec
)
The New American Rule: A First Amendment to the Client's Bill of Rights, 2000 Civil Justice Report 1 (2000)
SEC Discipline of Lawyers: In Search of a Firm Foundation, 1997 Professional Lawyer Symposium Issue 97-105 (1997)
(with
Jennifer Duggan
)