Charles Fried

Beneficial Professor of Law

Representative Publications

Bibliography


Books


Gregory, Fried & Charles Fried. Because It Is Wrong: Torture, Privacy and Presidential Power in the Age of Terror (W.W. Norton & Co. 2010).

Fried, Charles. Modern Liberty and the Limits of Government (W.W. Norton and Company 2006).
Full text: AMAZON (Purchase)

Fried, Charles. Saying What the Law Is: The Constitution in the Supreme Court (Harvard University Press 2004).
Full text: AMAZON (Purchase)

Fried, Charles & David Rosenberg. Making Tort Law: What Should Be Done and Who Should Do It (AEI Press 2003).
Full text: AMAZON (Purchase)

Fried, Charles. Order and Law: Arguing the Reagan Revolution -- A Firsthand Account (New York: Simon & Schuster 1991).
Full text: AMAZON (Purchase)

Minorities: Community and Identity ( Charles Fried ed., Berlin: Springer-Verlag 1983).
Full text: AMAZON (Purchase)

Fried, Charles. Contract As Promise: A Theory of Contractual Obligation (Harvard University Press 1981).
Full text: AMAZON (Purchase)

Fried, Charles. Right and Wrong (Harvard University Press 1978).
Full text: AMAZON (Purchase)

Fried, Charles. Medical Experimentation: Personal Integrity and Social Policy (North-Holland Publishing 1974).
Full text: AMAZON (Purchase)

Fried, Charles. An Anatomy of Values (Harvard University Press 1970).
Full text: AMAZON (Purchase)


Shorter Works in Collection


Fried, Charles. "Opinion of Fried, J., Concurring in the Judgment" in Shakespeare and the Law: A Conversation Among Disciplines and Professions 156 (THe University of Chicago Press, 2013).

Fried, Charles. "An Unreasonable Reaction to a Reasonable Decision" in Bush v.Gore: The Question of Legitimacy (Yale University Press, 2002).
Full text: AMAZON (Purchase)

Fried, Charles. "Racial Progress and Problems" in The Blessings of Liberty (J. David & R. McKay eds., Random House, 1989).

Fried, Charles. "Recent Trends in American Legal Theory" in Legitimacy/Legitimite (Walter de Gruyter, 1986).

Fried, Charles. "Lawyers: Priests, Politicians or Citizens?" in Ethics and the Law (Iowa Humanities Board, 1985).

Fried, Charles. "Rights and the Common Law" in Utility and Rights (R. G. Frey ed., University of Minnesota Press, 1984).

Fried, Charles. "Philosophy of Law" in Philosophy and Human Enterprise (1983).
(Lecture Series sponsored by the USMA Class of 1951)

Fried, Charles. "Biology and Ethics" in Morality as a Biological Phenomenon, (G.S. Stent ed., University of California Press, 1983).
(Life Sciences Research Report 9)

Fried, Charles. "Is Liberty Possible?" in The Tanner Lectures in Human Values, Vol. III (Cambridge University Press and University of Utah Press, 1982).

Fried, Charles. "Children as Subjects for Medical Experimentation" in Research on Children: Medical Imperatives, Ethical Quandaries, and Legal Constraints (Jan van Eys ed., University Park Press, 1978).

Fried, Charles. "The Future in the USA" in The Influence of Litigation on Medical Practice (Grune & Stratton, Inc., 1977).
(The Proceedings of a Conference Sponsored Jointly by the Royal Society of Medicine and the Royal Society of Medicine Foundation, Inc)

Fried, Charles. "Difficulties in the Economic Analysis of Rights" in Markets and Morals (Gerald Dworkin, Gordon Bermant & Peter Brown eds., Hemisphere Publishing Corp., 1977).

Fried, Charles. "Equality and Rights in Medical Care" in Implications of Guaranteeing Medical Care (National Academy of Sciences, 1975).

Fried, Charles. "The Need for a Philosophical Anthropology" in Ethical Issues in Human Genetics (Bruce Hilton et al. eds., Plenum Publishing Corp., 1973).

Fried, Charles. "Ethical Issues in Existing and Emerging Techniques for Improving Human Fertility" in Law and Ethics of A.I.D. and Embryo Transfer (Associated Scientific Publishers, 1973).
(Ciba Foundation Symposium 17, New Series)

Fried, Charles. "Privacy" in Law, Reason, and Justice: Essays in Legal Philosophy (Graham B. J. Hughes ed., New York University Press, 1969).

Fried, Charles. "Justice and Liberty" in Nomos VI -- Justice (Carl J. Friedrich & John W. Chapman eds., Atherton Press, 1964).


Articles in a Periodical


Fried, Charles. "The June Surprises: Balls, Strikes, and the Fog of War," 38 Journal of Health Politics, Policy and Law 225 (2013).

Fried, Charles. "Original Intent," 16 Green Bag 2d 127 (2013).

Fried, Charles. "Humanity in War," New Republic, December 31, 2012, at 35.

Fried, Charles. "Contract As Promise at 30: The Future of Contract Theory," 45 Suffolk University Law Review 3 (2012).

Fried, Charles. "Balls and Strikes," 61 Emory Law Journal 4 (2012).

Fried, Charles. "Liberte d'expression, liberte de pensee, libertes hors du droit? Deux decisions controversees de la Cour supreme des Etats-Unis," 36 Les Nouveaux Cahiers du Conseil Constitutionnel 157 (2012).

Fried, Charles. "The Solicitor General's Office, Tradition, and Conviction," 81 Fordham Law Review 2 (2012).

Fried, Charles. "The health care mandate," SCOTUSBlog, August 1, 2011.
Full text: WWW

Fried, Charles. "On Judgment," 15 Lewis & Clark Law Review 1025 (2011).

Fried, Charles, Rebecca H. Gordon, Trevor Potter & Michael Sandler. "Report on the Task Force on Federal Lobbying Laws Section of Administrative Law and Regulatory Practice American Bar Association," 63 Administrative Law Review 419 (2011).

Fried, Charles. "Preface," 63 Administrative Law Review 424 (2011).

Fried, Charles. "Heaven: What Sense Can it Make to Say Something is Absolutely Wrong," 59 UCLA Law Review Discourse 58 (2011).

Fried, Charles. "Heaven: What Sense Can It Make to Say That Something Is Absolutely Wrong?" 59 UCLA Law Review 60 (2011).

Fried, Charles. "Everyone's Dean," The New Republic, Apr. 19, 2010.
Full text: WWW

Fried, Charles. "Book Review," 2 I-CON 723 (2004) (reviewing Vernon Bogdanor ed., Oxford University Press, The British Constitution in the Twentieth Century (2004)).
Full text: WESTLAW
(The British Academy Centenary Monographs)

Fried, Charles. "A Meditation on the First Principles of Judicial Ethics," 32 Hofstra Law Review 1227 (2004).
Full text: WWW || HEIN || LEXIS || WESTLAW

Fried, Charles. "Five to Four: Reflections on the School Voucher Case," 116 Harvard Law Review 163 (2002).
Full text: LEXIS || WESTLAW

Fried, Charles & Ronald Dworkin. "A Badly Flawed Election: An Exchange," XLVIII The New York Review of Books (2001).
Full text: WESTLAW

Fried, Charles & David Rosenberg. "Redressing Harm: Who Decides?" 31 Seton Hall Law Review 625 (2001).
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Fried, Charles & Walter Berns. "Should the Current Electoral College System be Preserved?" 80 Congressional Digest 16 (2001).

Fried, Charles. "Markets, Law and Democracy," 11 Journal of Democracy 3 (2000).

Fried, Charles. "Constitutionalism, Privatization, and Globalization," 21 Cardozo Law Review 1091 (2000).
Full text: HEIN || LEXIS || WESTLAW

Fried, Charles. "Revitalizing Democracy: Some Caveats," 24 Harvard Journal of Law and Public Policy 155 (2000).
Full text: HEIN (Harvard Users) || HEIN

Fried, Charles. "Scholars and Judges: Reason and Power," 23 Harvard Journal of Law and Public Policy 807 (2000).
Full text: HEIN (Harvard Users) || HEIN

Fried, Charles. "Perfect Freedom or Perfect Control?" 114 Harvard Law Review 606 (2000).
Full text: WWW

Fried, Charles. "Uneasy Preferences: Affirmative Action, in Retrospect," The American Prospect, September-October.
Full text: WWW

Fried, Charles. "Perfect Freedom, Perfect Justice," 78 Boston University Law Review 3 (1998).
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Fried, Charles. "Philosophy Matters," 111 Harvard Law Review 1739 (1998).
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Fried, Charles. "Reflections on Crime and Punishment," 30 Suffolk Law Review 681 (1997).
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Fried, Charles. "Types," 14 Constitutional Commentary 55 (1997).
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Fried, Charles. "Foreword: Revolutions?" 109 Harvard Law Review 13 (1995).
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Fried, Charles. "Commentary: Constitutional Doctrine," 107 Harvard Law Review 1140 (1994).

Fried, Charles. "Reply to Lawson," 17 Harvard Journal of Law and Public Policy 35 (1994).

Fried, Charles. "A Tribute to Justice Byron R. White," 107 Harvard Law Review 20 (1993).

Fried, Charles. "Manners Makyth Man: The Prose Style of Justice Scalia," 16 Harvard Journal of Law and Public Policy 529 (1993).

Fried, Charles. "Impudence," 5 Supreme Court Review 155 (1992).

Fried, Charles. "Third Thoughts on Rust v. Sullivan and the First Amendment -- Dean Stone's Supposed Killer Hypo," 9 Constitutional Commentary 161 (1992).

Fried, Charles. "The New First Amendment Jurisprudence: A Threat to Liberty," 59 University of Chicago Law Review 225 (1992).

Fried, Charles. "The Conservatism of Justice Harlan," 36 New York Law School Law Review 33 (1991).

Fried, Charles. "Metro Broadcasting, Inc. v. FCC: Two Concepts of Equality," 104 Harvard Law Review 107 (1990).

Fried, Charles. "Protecting Property -- Law and Politics," 13 Harvard Journal of Law and Public Policy 1 (1990).

Fried, Charles. "Foreword to Symposium on Labor and Employment Law in the 1990s," 13 Harvard Journal of Law and Public Policy 2 (1990).

Fried, Charles. "Paul M. Bator manuscript, What Is Wrong with the Supreme Court?" 51 University of Pittsburgh Law Review 3 (1990).

Fried, Charles. "Paul M. Bator manuscript, The Constitution as Architecture: Legislative and Administrative Courts Under Article III," 65 Indiana Law Journal 2 (1990).

Fried, Charles. "Affirmative Action After City of Richmond v. J.A. Croson Co.: A Response to the Scholars' Statement," 99 Yale Law Journal 155 (1989).

Fried, Charles. "Debate: After the Independent Counsel Decision: Is Separation of Powers Dead?" 26 American Criminal Law Review 1667 (1989).

Fried, Charles. "In Memoriam: Paul M. Bator," 102 Harvard Law Review 1739 (1989).

Fried, Charles. "Paul Bator," 56 University of Chicago Law Review 419 (1989).

Fried, Charles. "Jurisprudential Responses to Legal Realism," 73 Cornell Law Review 2 (1988).

Fried, Charles. "McCarthyism and Critical Legal Studies," 22 Harv. Civ. Rts. - Civ. Liberties L. Review 665 (1987).

Fried, Charles. "Sonnet LXV and the 'Black Ink' of the Framers' Intention," 100 Harvard Law Review 751 (1987).

Fried, Charles. "The Challenge for Legal Education," 8 Harvard Journal of Law and Public Policy 2 (1985).

Fried, Charles. "Liberals and Love, Review: Morris Janowitz, The Reconstruction of Patriotism: Education for Civic Consciousness," The New Republic, December 24, 1984 (book review).

Fried, Charles. "The Trouble With Lawyers," The New York Times Magazine, February 12, 1984.

Fried, Charles. "Individual and Collective Rights in Work Relations: Reflections on the Current State of Labor Law and Its Prospects," 51 University of Chicago Law Review 1012 (1984).

Fried, Charles. "Questioning Quotas," The New Republic, December 26, 1983.

Fried, Charles. "Exit," The New Republic, October 31, 1983.

Fried, Charles. "Liberalism, Community and the Objectivity of Values, A Review of Michael J. Sandel, Liberalism and the Limits of Justice," 96 Harvard Law Review 960 (1983) (book review).

Fried, Charles. "Distributive Justice," 1 Social Philosophy and Policy 45 (1983).

Fried, Charles. "The Artificial Reason of the Law--Or What Lawyers Know," 60 University of Texas Law Review 35 (1982).

Fried, Charles. "Federalism -- Why Should We Care?" 6 Harvard Journal of Law and Public Policy (1982).

Fried, Charles. "The Laws of Change," 9 Journal of Legal Studies 335 (1980).

Fried, Charles. "Review: P.S. Atiyah, The Rise and Fall of Freedom of Contract," 93 Harvard Law Review 1858 (1980) (book review).

Fried, Charles. "Fast and Loose in the Welfare State," 3 Regulation 13 (1979).

Fried, Charles. "Review: James Duffy, Domestic Affairs -- American Programs and Priorities," 92 Harvard Law Review 1561 (1979) (book review).

Fried, Charles. "Simple-Minded or Muddleheaded? [Letter]," 88 Yale Law Journal 902 (1979).

Fried, Charles. "Privacy: Economics and Ethics, A Comment on Posner," 12 Georgia Law Review 423 (1978).

Fried, Charles. "The University as Church and as Party," 31 The Bulletin 29 (1977).

Fried, Charles. "Correspondence," 6 Philosophy and Public Affairs 288 (1977).

Fried, Charles. "Correspondence [Letter--Reply to Critique of Lawyer as Friend]," 86 Yale Law Journal 584 (1977).

Fried, Charles. "Equality and Rights in Health Care," 6 Hastings Center Report (1976).

Fried, Charles. "Right and Wrong -- Preliminary Considerations," 5 The Journal of Legal Studies 165 (1976).

Fried, Charles. "The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Relations," 85 Yale Law Journal 1060 (1976).

Fried, Charles. "Rights and Health Care: Beyond Equity and Efficiency," 293 The New England Journal of Medicine (1975).

Fried, Charles. "Symposium: Law and the New Biology, Introduction: The Need for a Philosophical Anthropology," 48 Indiana Law Journal 527 (1973).

Fried, Charles. "Review: John Rawls, A Theory of Justice," 84 Harvard Law Review 1691 (1972) (book review).

Fried, Charles. "Review, Charles A. Reich, The Greening of America," 84 Harvard Law Review 749 (1971) (book review).

Fried, Charles. "The Value of Life," 82 Harvard Law Review 1415 (1969).

Fried, Charles. "Privacy," 77 Yale Law Journal 75 (1968).

Fried, Charles. "Reason and Action," 11 Natural Law Forum 13 (1966).

Fried, Charles. "Natural Law and the Concept of Justice," 74 Ethics 237 (1964).

Fried, Charles. "Moral Causation," 77 Harvard Law Review 1258 (1964).

Fried, Charles. "Two Concepts of Interests: Some Reflections on the Supreme Court's Balancing Test," 76 Harvard Law Review 755 (1963).

Fried, Charles. "Impromptu Remarks," 76 Harvard Law Review 1319 (1963).

Fried, Charles. "Review: Oxford Essays in Jurisprudence," 61 Columbia Law Review 1384 (1961) (book review).

Fried, Charles. "The Lex Aquilia as a Source of Law for Bartolus and Baldus," 4 American Journal of Legal History 142 (1960).

Fried, Charles. "Stare Decisis and the Lower Courts: Two Recent Cases," 59 Columbia Law Review 504 (1959).


Articles in a Newspaper


Fried, Charles. "Why Leakers Should Be Punished," The New York Times, June 18, 2012.
Full text: WWW

Fried, Charles. "A Republican voter seeks answers from Brown," Boston Globle, August 23, 2011, Op-Ed, at 11.
Full text: WWW

Fried, Charles. "A Justice's Literary Heroes," The New York Times, May 28, 2011, Letters to the Editor.

Fried, Charles & Gregory Fried. "No torture. No exceptions," Washington Post, May 6, 2011, at A25.
Full text: WWW

Fried, Charles & Gregory Fried. "Torture Apologists Stain Triumph Over bin Laden," The Washington Post, May 5, 2011.

Fried, Charles & Cliff Sloan. "Free Speech Worth Paying For," The New York Times, March 26, 2011, Op-Ed.

Fried, Charles. "Obama Should Giver Her a Recess Appointment," The Boston Globe, July 29, 2010, (Op-Ed), at 17.

Fried, Charles. "Health Care Law's Enemies Have No Ally in Constitution," The Boston Globe, May 21, 2010, (Op-Ed), at 13.

Fried, Charles. "Another Predictable Supreme Court," The Boston Globe, June 19, 2009, (Op-Ed).

Fried, Charles. "History's Verdict," The New York Times, January 11, 2009, (Op-Ed), at 11.

Fried, Charles. "The Lilmits of the Law," The Boston Globe, October 23, 2007, (Op-Ed).

Fried, Charles. "Mr. Stimson and the American Way," The Wall Street Journal, January 16, 2007.

Fried, Charles. "Patrick's Oath," The Boston Globe, January 5, 2007.

Fried, Charles. "Supreme Confusion," The New York Times, Thursday, April 26, 2007, (Op-Ed).

Fried, Charles. "Getting At the Truth," The Boston Globe, December 13, 2006, (Op-Ed).

Fried, Charles. "Samuel Alito, In Context," The New York Times, January 3, 2006, (Op-Ed).

Fried, Charles. "The Case for Surveillance," The Boston Globe, December 30, 2005, (Op-Ed).

Fried, Charles. "What Miers Must Show," Boston Sunday Globe, October 23, 2005, (Idea).

Fried, Charles. "Demagoguing the Filibuster Debate," The Boston Globe, May 19, 2005.

Fried, Charles. "Federalism Has A Right to Life Too," The New York Times, March 23, 2005.

Fried, Charles. "Courting Confusion," The New York Times, October 21, Op-Ed.

Fried, Charles. "Time-Traveling to Thwart a Judge," Los Angeles Times, January 17, 2003.

Fried, Charles. "A Campaign Law That Curbs More Than Contributions," New York Times, December 30, 2002.

Fried, Charles. "How to Make the President Talk to the Local Pol," The New York Times, November 11, 2000.

Fried, Charles. "Opponents of Federalism Are Mired in a Time Warp," The Wall Street Journal, May 16, 2000.

Fried, Charles. "Good Causes Make Bad Law," The New York Times, April 27, 2000.

Fried, Charles. "Diversity: From Left to Far Left," The Washington Post, January 3, 2000.

Fried, Charles. "Leave the Personal to the States," The New York Times, October 29, 1999.

Fried, Charles. "Supreme Court Folly," The New York Times, July 6, 1999.

Fried, Charles. "Whose Money Is It?" The Washington Post, January 1, 1995.

Fried, Charles. "Reject It; It's a Ploy," The Boston Globe, December 4, 1994.

Fried, Charles. "Rehnquist Court Ruled for Affirmative Action," The New York Times, September 23, 1994.

Fried, Charles. "Messing with the Constitution," The Washington Post, August 26, 1994.

Fried, Charles. "Cambridge Pols Abuse Rent Control Power," The Boston Globe, July 21, 1994.

Fried, Charles. "Le due verit," La Repubblica, August 18, 1993.

Fried, Charles & Alan M. Dershowitz. "Perot Vote Threatens System," The Boston Herald, October 19, 1992.

Fried, Charles. "Whose Deep Pockets?" The New York Times, March 6, 1992.

Fried, Charles. "The Once and Future Court," The New York Times, July 7, 1991.

Fried, Charles. "Quotas: The Smoking Gun," The Washington Post, May 29, 1991.

Fried, Charles. "Assisting Czechoslovakia's Velvet Revolution," Harvard Law Bulletin, 1991.

Fried, Charles. "The Civil Rights Sham of 1990," The New York Times, October 4, 1990.

Fried, Charles. "Hands in the Quota Cookie Jar," The Wall Street Journal, May 17, 1990.

Fried, Charles. "Quotas by Another Name..," The Washington Post, February 18, 1990.

Fried, Charles. "Restoring Balance to Civil Rights," The Washington Post, June 16, 1989.

Fried, Charles. "What the U.S. Said in Affirmative Action Suit," The New York Times, January 31, 1989.

Fried, Charles. "Last Summer's Soviet-U.S. Prison Visits," The New York Times, December 18, 1988.

Fried, Charles. "Fried Sees Roe v. Wade as Source of Trouble in the Law," Harvard Law Bulletin, 1988.

Fried, Charles. "The Court and the SG: More Debate [Fried's Clarification]," Legal Times, November 9, 1987.

Fried, Charles. "What That Brief Said," The Washington Post, July 31, 1987.

Fried, Charles. "Reagan's Vision v. The Economists," The Boston Globe, October 19, 1984.

Fried, Charles. "West Bank Diary: Not Hoboken or Berlin," The Wall Street Journal, April 9, 1984.

Fried, Charles. "The Land We Have Chosen," The Washington Post, January 1, 1984.

Fried, Charles. "When the Government Says Who Gets Hired," The Washington Post, January 27, 1983.

Fried, Charles. "Our Lawyer-Ridden Society," The Washington Post, February 9, 1982.

Fried, Charles. "Curbing the Judiciary," The New York Times, November 10, 1981.

Fried, Charles. "Spending: The States Can Cut It Better," The Washington Post, April 21, 1981.

Fried, Charles. "Kennedy Actions That Reveal A Lot," The Boston Globe, February 15, 1980.

Fried, Charles. "Corporate Lawyers Need Not Feel Guilty," The Wall Street Journal, July 20, 1978.

Fried, Charles. "Compulsory Public Service: A Bad Precedent," The Washington Post, March 15, 1977.

Fried, Charles. "Carter's Tax Program," The New York Times, October 18, 1976.


Reports or Studies


Fried, Charles. "Equality and Rights in Medical Care in Implications of Guaranteeing Medical Care", National Academy of Sciences (1975).


Presentations


Fried, Charles. Testimony Before the Senate Judiciary Committee on the Nomination of Samuel A. Alito to Be An Associate Justice of the Supreme Court of the United States (January 12, 2006).

Fried, Charles. Testimony Before the United States Senate Committee on the Judiciary for the Confirmation Hearing of the Honorable John G. Roberts, Jr. to be Chief Justice of the Supreme Court of the United States (September 15, 2005).


Internet Publications


Fried, Charles. THe June Surprises: Balls, Strikes and the Fog of War (2012).
Full text: WWW

Fried, Charles. Obama Is Too Good for Us (2011).
Full text: WWW

Fried, Charles. "The Health Care Mandate" in Featured, The Constitutionality of the Affordable Care Act (2011).
Full text: WWW

Fried, Charles & Gregory Fried. What Liz Doesn't Get About Lawyers (2010).
Full text: WWW


Miscellaneous Publications


Warren, Elizabeth, Charles Fried & Laurence H. Tribe. "Federal Trade Commission v. NextWave Personal Communications, Inc., Brief of Amici Curiae Creditors of Nextwave Personal Communications, Inc.," Supreme Court of the United States (2002).

Brief on the merits in Silverstein Properties v. St. Paul Insurance Co., 2002.

Briefs on merits and reply brief in Star Scientific v. Early in the Fourth Circuit 2001, and cert petition in that case in 2002.

Representative Publications

Areeda 333

617-495-4636

Assistant: Claire Riley / 617-496-2028

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