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Freedom Of Contract And Freedom Of Person: A Brief History Of “Involuntary Servitude” In American Fundamental Law, Robert J. Steinfeld

Contributions to Books

Published as Chapter 14 in Republicanism and Liberalism in America and the German States, 1750–1850, Jürgen Heideking, James A. Henretta & Peter Becker, eds.

Liberal ideas are normally taken to have played an important role in the development of free markets, and of free labor based on contract in those markets. A closer look at labor regimes in the nineteenth century, however, reveals that liberal commitments to freedom did not straightforwardly produce what we today would think of as free labor. Just as often they produced a form of coerced contractual labor. And this was quite simply because liberal commitments …

Horizontal Merger Analysis Grows Up: A Review Of Chapter 5 Of Richard Posner’S Antitrust Law (2d Ed. 2001), Jonathan Baker

Contributions to Books

Richard Posner is a central figure in the generation of brilliant lawyers and economists who created the Chicago school of antitrust. Since the first edition of Posner’s Antitrust Law was published in 1976, most of the field has been transformed, in many respects along the very lines he proposed, and at times with a helpful decision from now—Judge Posner pushing that movement along. But horizontal merger law, while revolutionized by the Chicago school’s signature economic approach, has not changed in the precise manner Posner advocated a quarter century ago. Now, with the publication of the second edition of Antitrust Law, …