Robert G. Bone
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Publications
Goto earliest | 1990s | 2000s
Forthcoming
"Killing Time," review of Twombley, Killing Time: Order of the Clock, Meeting House (2009), 25 Harvard Law Reivew (forthcoming).
"Discovery,," in Encyclopedia of Law and Economics, Edward Elgar (forthcoming).
"Trade Secrecy, Innovation, and the Requirement of Reasonable Secrecy Precautions," in untitled book, Edward Elgar (forthcoming).
"Twombly, Pleading Rules, and the Regulation of Court Access," 94 Iowa Law Review (forthcoming).
2009
"'To Encourage Settlement': Rule 68, Offers of Judgment, and the History of the Federal Rules of Civil Procedure," 102 Northwestern University Law Review 1561 (2009).
2008
"Making Effective Rules: The Need for Procedure Theory," 61 Oklahoma Law Review 319 (2008).
"Schechter's Ideas in Historical Context and Dilution's Rocky Road," 24 Santa Clara Computer & High Technology Law Journal 469 (2008).
2007
"Economic Analysis of Civil Court Procedures," in Encyclopedia of Law and Society: American and Global Perspectives, 185, David S. Clark, ed., Sage Publications (2007).
"A Skeptical View of the Trademark Dilution Revision Act," 11 Intellectual Property Law Bulletin 187 (2007).
"Who Decides: A Critical Look at Procedural Discretion," 28 Cardozo Law Review 1961 (2007).
2006
"Hunting Goodwill: A History of the Concept of Goodwill in Trademark Law," 86 Boston University Law Review 547 (2006).
"Secondary Liability for Trade Secret Misappropriation: A Comment," 22 Santa Clara Computer and High Technology Law Journal 529 (2006).
"Securing the Normative Foundations of Litigation Reform," 86 Boston University Law Review 1155 (2006).
2004
"Enforcement Costs and Trademark Puzzles," 90 Virginia Law Review 2099 (2004).
"The Story of Connecticut v. Doehr: Balancing Costs and Benefits in Defining Procedural Rights," in Civil Procedure Stories, 153, Foundation Press (2004).
2003
"Agreeing to Fair Process: The Problem With Contractarian Theories of Procedural Fairness," 83 Boston University Law Review 485 (2003).
"The American Law of Preclusion: Legal Doctrine Under Policy Pressure - Part 1," 765 New Business Law 43 (2003). Republished in updated form in Amerika Minjishoyo No Riron (Theories of American Civil Procedure), M. Omura & K. Miki, eds. (2006)
"The American Law of Preclusion: Legal Doctrine Under Policy Pressure - Part 2," 766 New Business Law 73 (2003). Republished in updated form in Amerika Minjishoyo No Riron (Theories of American Civil Procedure), M. Omura & K. Miki, eds. (2006)
"The American Law of Preclusion: Legal Doctrine Under Policy Pressure - Part 3," 768 New Business Law 50 (2003). Republished in updated form in Amerika Minjishoyo No Riron (Theories of American Civil Procedure), M. Omura & K. Miki, eds. (2006)
The Economics of Civil Procedure, Foundation Press (2003). Also translated into Japanese by Atsushi Hosono as Minji soshoho no ho to keizaigaku (The Economics of Civil Procedure), Bokutakusha (2004).
"Settlement in American Civil Adjudication: The Role of Procedural Law and the Courts," 36 Comparative Law Review 1 (2003). Republished in updated form in Amerika Minjishoyo No Riron (Theories of American Civil Procedure), M. Omura & K. Miki, eds. (2006).
"Settlement in American Civil Adjudication: The Role of Procedural Law and the Courts - Part 1," 759 New Business Law 28 (2003). [Japanese]
"Settlement in American Civil Adjudication: The Role of Procedural Law and the Courts - Part 2," 761 New Business Law 51 (2003). [Japanese]
"Settlement in American Civil Adjudication: The Role of Procedural Law and the Courts - Part 3," 762 New Business Law 55 (2003). [Japanese]
2002
"Class Certification and the Substantive Merits," with David S. Evans, 51 Duke Law Journal 1251 (2002).
"Linking, Aggregating, and Innovating: The Role of Property, Contract, and Tort in Regulating Access to Web Sites and Content," in International Internet Symposium Conference Proceedings 3-30 [English], 31-63 [Turkish], Dokuz Eylul University (2002).
2001
"Exploring the Boundaries of Competitive Secrecy: An Essay on the Limits of Trade Secret Law," in Law, Information and Information Technology 99, E. Lederman & R. Shapira eds., Kluwer Law International (2001).
2000
"Copyright," with Wendy Gordon, in Encyclopedia of Law & Economics 189, volume 2, B. Bouckaert and G. Degeest, eds., Edward Elgar (2000). Reprinted in The Economics of Intellectual Property, R. Towse and R.W. Holzhauer eds., Edward Elgar Publishing (2002).
"From Property to Contract: The Eleventh Amendment and University-Private Sector Intellectual Property Relationships," 33 Loyola of Los Angeles Law Review 1467 (2000).
1999
"The Process of Making Process: Court Rulemaking, Democratic Legitimacy and Procedural Efficacy," 87 Georgetown Law Journal 887 (1999).
1998
"Foreword to Symposium: The Path of the Law Today," 78 Boston University Law Review 691 (1998).
"A New Look at Trade Secret Law: Doctrine in Search of Justification," 86 California Law Review 241 (1998).
"Revisiting the Policy Case for Supplemental Jurisdiction," 74 Indiana Law Journal 139 (1998).
1997
"Modeling Frivolous Suits," 145 University of Pennsylvania Law Review 519 (1997).
1995
"Complex Litigation and Prior Rulings Issues: A Commentary," 29 New England Law Review 711 (1995).
"Lon Fuller's Theory of Adjudication and the False Dichotomy Between Dispute Resolution and Public Law Models of Litigation," 75 Boston University Law Review 1273 (1995).
1994
"The Empirical Turn in Procedural Rulemaking: Comment on Walker," 23 Journal of Legal Studies 595 (1994).
"Rule 23 Redux: Empowering the Federal Class Action," 14 Review of Litigation 79 (1994).
1993
"Procedural Reform in a Local Context: The Massachusetts Supreme Judicial Court and the Federal Rule Model," in The Law in Massachusetts: Supreme Judicial Court 1692-1992, PUBLISHER (1993).
"Statistical Adjudication: Rights, Justice and Utility in a World of Process Scarcity," 46 Vanderbilt Law Review 561 (1993).
1992
"Rethinking the `Day In Court' Ideal and Nonparty Preclusion," 67 New York University Law Review 193 (1992).
1990
"Personal and Impersonal Litigative Forms: Reconceiving the History of Adjudicative Representation," 70 Boston University Law Review 213 (1990). Review Essay
1989
"Mapping the Boundaries of a Dispute: Conceptions of Ideal Lawsuit Structure from the Field Code to the Federal Rules," 89 Columbia Law Review 1 (1989).
1986
"Normative Theory and Legal Doctrine in American Nuisance Law: 1850 to 1920," 59 Southern California Law Review 1101 (1986).