Content Posted in 2018
A Black Critique of the Internal Revenue Code, Beverly I. Moran and William Whitford
Accommodation and Equal Liberty, Lisa Schultz Bressman
A Cognitive Theory of Trust, Erin O'Connor
A Contractarian Defense of Corporate Philanthropy, Margaret M. Blair
A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana, Robert A. Mikos
Adaptive Management in the Courts, J.B. Ruhl and Robert Fischman
Adaptive Responses to Chemical Labeling: Are Workers Bayesian Decision Makers?, W. Kip Viscusi and Charles J. O'Conner
A Defense of the Integrationist Test as a Replacement for the Special Defense of Insanity, Christopher Slobogin
A Derivatives Market in Legal Academia, Paul H. Edelman
Adjusting the Value of a Statistical Life for Age and Cohort Effects, W. Kip Viscusi and Joseph E. Aldy
Adolescent Brain Science After Graham v. Florida, Terry A. Maroney
Adoption in the Progressive Era: Preserving, Creating, and Re-Creating Families, Chris Guthrie and Joanna L. Grossman
Adversarial Economics in AntiTrust Litigation: Losing Academic Consensus in The Battle of the Experts, Rebecca Haw Allensworth
Adverse Possession of Identity: Radical Theory, Conventional Practice, Jessica A. Clarke
A Former Treasury Adviser On How to Really Fix Wall Street, Morgan Ricks
Afterword: Voices and Violence-- A Dialogue, Ellen Wright Clayton and Jay Clayton
Against Diversity, Suzanna Sherry
Against Immutability, Jessica A. Clarke
Agencies Running from Agency Discretion, J.B. Ruhl and Kyle Robisch
Agency Coordination in Shared Regulatory Space, Jim Rossi and Jody Freeman
Agency Independence After PCAOB, Kevin M. Stack
Agency Statutory Interpretation and Policymaking Form, Kevin M. Stack
Age Variations in Risk Perceptions and Smoking Decisions, W. Kip Viscusi and Joni Hersch
Agriculture and Ecosystem Services: Strategies for State and Local Governments, J.B. Ruhl
Agriculture and the Environment: Three Myths, Three Themes, Three Directions, J.B. Ruhl
A Jurisprudence of Dangerousness, Christopher Slobogin
A Lifetime Income Tax, Herwig J. Schlunk
ALJ Final Orders on Appeal: Balancing Independence with Accountability, Jim Rossi
Alleyne on the Ground: Factfinding that Limits Eligibility for Probation or Parole Release, Nancy J. King and Brynn E. Applebaum
Allocating Responsibility for the Failure of Global Warming Policies, W. Kip Viscusi
Allocating Responsibility for the Failure of Global Warming Policies, Joni Hersch and W. Kip Viscusi
Allocation of Time and Human Energy and Its Effects on Productivity, Joni Hersch
All or Nothing: Explaining the Size of Supreme Court Majorities, Paul H. Edelman and Suzanna Sherry
All the Supreme Court Really Needs to Know It Learned from the Warren Court, Suzanna Sherry
Altering Attention in Adjudication, Chris Guthrie, Jeffrey J. Rachinski, and Andrew J. Wistrich
Alternative Approaches to Valuing the Health Impacts of Accidents: Liability Law and Prospective Evaluations, W. Kip Viscusi, Joni Hersch, and Jeffrey O'Connell
America's Disposable Youth: Undocumented Delinquent Juveniles, Karla M. McKanders
Amicus Briefs and the Sherman Act: Why Antitrust Needs a New Deal, Rebecca Haw Allensworth
A Minimalist Approach to Corporate Income Taxation, Herwig J. Schlunk
An Administrative Jurisprudence: The Rule of Law in the Administrative State, Kevin M. Stack
An Alternative to Ready, Fire, Aim: A New Framework to Link Environmental Targets in Environmental Law, Michael P. Vandenbergh
Anatomy of an Uprising: Women, Democracy, and the Moroccan Feminist Spring, Karla M. McKanders
Anchoring, Information, Expertise, and Negotiation: New Insights from Meta-Analysis, Chris Guthrie and Dan Orr
A Near Term Retrospective on the Al-Dujail Trial & the Death of Saddam Hussein, Michael A. Newton
An Empirical Analysis of CEO Employment Contracts: What Do Top Executives Bargain For?, Randall Thomas and Stewart J. Schwab
An Empirical Analysis of CEO Employment Contracts: What Do Top Executives Bargain For?, Randall S. Thomas and Stewart J. Schwab
An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants, Randall Thomas
An Empirical Assessment of Climate Change in the Courts: A New Jurisprudence or Business as Usual?, J.B. Ruhl and David L. Markell
An Empirical Assessment of Early Offer Reform for Medical Malpractice, W. Kip Viscusi, Wesley A. Magat, and Joel Huber
An Empirical Assessment of Early Offer Reform for Medical Malpractice, Joni Hersch and W. Kip Viscusi
An Empirical Evaluation of Specialized Law Reviews, Tracey E. George and Chris Guthrie
An Empirical Evaluation of Specialized Law Reviews, Chris Guthrie and Tracey E. George
An Empirical Examination of the Iowa Bar's Approach to Regulating Lawyer Advertising, Jim Rossi and Mollie Weighner
An Empirically Based Comparison of American and European Regulatory Approaches to Police Investigation, Christopher Slobogin
An Empirical Study of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George
An End to Insanity: Recasting the Role of Mental Disability in Criminal Cases, Christopher Slobogin
An Essay Concerning Toleration, Suzanna Sherry
Angry Judges, Terry A. Maroney
An Investigation of the Rationality of Consumer Valuations of Multiple Health Risks, W. Kip Viscusi
An Originalist Understanding of Minimalism, Suzanna Sherry
A Normalized Scoring Model for Law School Competitions, Edward K. Cheng and Scott J. Farmer
Antitrust Process and Vertical Deference: Judicial Review of State Regulatory Inaction, Jim Rossi
A "Party Satisfaction" Perspective on a Comprehensive Mediation Statute, Chris Guthrie and James Levine
Apology and Thick Trust: What Spouse Abusers and Negligent Doctors Might Have in Common, Erin O'Connor
A Postmortem on the Cigarette Settlement, W. Kip Viscusi
A Pox on Both Your Houses, Suzanna Sherry
Appeal Waivers and the Future of Sentencing Policy, Nancy J. King and Michael E. O'Neill
Apples for Oranges, J.B. Ruhl and James Salzman
"Apprendi" and Plea Bargaining, Nancy J. King and Susan Riva Klein
Approaches to Carrier Testing and Results Disclosure in Translational Genomics Research, Ellen Wright Clayton, Kathryn M. Porter, and et al.
A Practical Solution to the Reference Class Problem, Edward K. Cheng
Apres Apprendi, Nancy J. King and Susan R. Klein
A Prevention Model of Juvenile Justice: The Promise of Kansas v. Hendricks for Children, Christopher Slobogin, Mark R. Fondacaro, and Jennifer L. Woolard
Arbitration Clauses in CEO( Employment Contracts: An Empirical and Theoretical Analysis, Randall Thomas, Kenneth J. Martin, and Erin O'Connor
Are College Presidents Like Football Coaches? Evidence from Their Employment Contracts, Randall Thomas and Lawrence R. Van Horn
A Regulatory Design for Monetary Stability, Morgan Ricks
Are Individuals Bayesian Decision Makers?, W. Kip Viscusi
Are Risk Regulators Rational? Evidence from Hazardous Waste Cleanup Decisions, W. Kip Viscusi
A Simpler Approach to Financial Reform, Morgan Ricks
Assessing the Insurance Role of Tort Liability After Calabresi, W. Kip Viscusi
Assessing the Insurance Role of Tort Liability After Calabresi, Joni Hersch and W. Kip Viscusi
Assessing the State of State Constitutionalism, Jim Rossi
A Statistical Profile of Pharmaceutical Industry Liability, 1976-1989, W. Kip Viscusi, Michael J. Moore, and James Albright
A Summary of Why We Need More Judicial Activism, Suzanna Sherry
A Systematic Literature Review of Individuals' Perspectives on Privacy and Genetic Information in the United States, Ellen W. Clayton, Colin M. Halverson, Nila A. Sathe, and Bradley A. Malin
A Team Production Theory of Corporate Law, Margaret M. Blair and Lynn A. Stout
A Theoretic Analysis of Corporate Auctioneers Liability Regimes, Randall Thomas and Robert G. Hansen
A Theory of Representative Shareholder Suits and its Application to Multijurisdictional Litigation, Randall Thomas and Robert B. Thompson
A Tour of Mistakes, Paul H. Edelman
Atrocity, Entitlement, and Personhood in Property, Daniel J. Sharfstein
Atypical Inventions, Sean B. Seymore
Auctioning Class Action and Derivative Lawsuits: A Critical Analysis, Randall Thomas and Robert G. Hansen
Authorizations for the Use of Force, International Law, and the "Charming Betsy" Canon, Ingrid Wuerth
Authors, Online, Daniel J. Gervais
Automobile Seatbelt Usage and the Value of Statistical Life, W. Kip Viscusi
A View from the Trenches, Michael A. Newton
Background Principles, Takings, and Libertarian Property: A Reply to Professor Huffman, J.B. Ruhl and Michael C. Blumm
Back to the Future, Michael A. Newton
Bargaining in the Shadow of Administrative Procedure: The Public Interest in Rulemaking Settlement, Jim Rossi
"Batson" for the Bench? Regulating the Peremptory Challenge of Judges, Nancy J. King
Behavioral Public Choice: The Behavioral Paradox of Government Policy, W. Kip Viscusi
Behavioral War Powers, Ganesh Sitaraman and David Zionts
Behavioral War Powers, Ganesh Sitaraman and David Zionts
Being Pragmatic About Forensic Linguistics, Edward K. Cheng
Better Bounty Hunting, Amanda Rose
Better Settle than Sorry: The Regret Aversion Theory of Litigation Behavior, Chris Guthrie
Between the Frontier and the Big City: Sixty Years of Small-Town Murder Prosecution, Chris Guthrie
Beyond Accountability, Lisa Schultz Bressman
Beyond Blakely, Nancy J. King and Susan Riva Klein
Beyond Elegance: A Testable Typology of Social Norms in Corporate Environmental Compliance, Michael P. Vandenbergh
Beyond Equality? Against the Universal Turn in Workplace Protection, Jessica A. Clarke
Beyond Goldwasser: Ex Post Judicial Enforcement in Deregulated Markets, Jim Rossi
Bibliography of Tax Articles in High Prestige Non-Specialized Law Journals: A Comparison of Australia, Britain, Canada and the United States 1954-2001, Beverly I. Moran
Black and Brown Coalition Building during the Post-Racial Obama Era, Karla M. McKanders
Blinking on the Bench: How Judges Decide Cases, Chris Guthrie and Andrew J. Wistrich
Boards of Directors as Mediating Hierarchs, Margaret M. Blair
Book Review: Burden of Proof: A Review of Math on Trial, Paul H. Edelman
Book Review: U.S. Energy and Environmental Interest Groups by Lettie Wenner, Tracey E. George
Brain Plasticity and Spanish Moss in Biolegal Analysis, Erin O'Connor
Can I Be Sued for that? Liability risk and the Disclosure of Clinically Significant Genetic Research Findings, Ellen Wright Clayton
Can Judges Ignore Inadmissible Information? The Difficulty of Deliberately Disregarding, Chris Guthrie and Andrew J. Wistrich
Can Michigan Universities Use Proxies for Race After the Ban on Racial Preferences?, Brian T. Fitzpatrick
Can the States Keep Secrets from the Federal Government?, Robert A. Mikos
Capacity to Contest a Search and Seizure: the Passing of Old Rules and Some Suggestions for New Ones, Christopher Slobogin
Capitalism and the Tax System: A Search for Social Justice, Beverly I. Moran
Carbon Taxation by Regulation, Jim Rossi
Carcinogen Regulation: Risk Characteristics and the Synthetic Risk Bias, W. Kip Viscusi
"Carhart", Constitutional Rights, and the Psychology of Regret, Chris Guthrie
Cartels by Another Name: Should Licensed Occupations Face Antitrust Scrutiny?, Rebecca Haw Allensworth
Casting a FRAND Shadow: The Importance of Legally Defining "Fair and Reasonable" and How "Microsoft v. Motorola" Missed the Mark, Rebecca Haw Allensworth
Cause to Believe What? The Importance of Defining a Search's Object--Or, How the ABA Would Analyze the NSA Metadata Surveillance Program, Christopher Slobogin
Changing Scientific Evidence, Edward K. Cheng
Chevron's Mistake, Lisa Schultz Bressman
Chief Judges: The Limits of Attitudinal Theory and Possible Paradox of Managerial Judging, Tracey E. George and Albert H. Yoon
Choice of Law and Succession to Wealth: A Critical Analysis of the Ramifications of the Hague Convention on Succession to Decedents' Estates, Jeffrey Schoenblum
Choice of Law for Internet Transactions: The Uneasy Case for Online Consumer Protection, Erin O'Connor
Cigarette Smokers as Job Risk Takers, Joni Hersch and W. Kip Viscusi
Cigarette Warnings: The Perils of the Cipollone Decision, W. Kip Viscusi
Cities, Green Construction, and the Endangered Species Act, J.B. Ruhl
Citizens United & Corporate & Human Crime, Christopher Slobogin
Civic Virtue and the Feminine Voice in Constitutional Adjudication, Suzanna Sherry
Clean Energy and the Price Preemption Ceiling, Jim Rossi
Cleaning Up Superfund, W. Kip Viscusi
Climate Change Adaptation and the Structural Transformation of Environmental Law, J.B. Ruhl
Climate Change and the Endangered Species Act: Building Bridges to the No-Analog Future, J.B. Ruhl
Climate Change, Dead Zones, and Massive Problems in the Administrative State: A Guide for Whittling Away, J.B. Ruhl and James Salzman
Climate Change Governance: Boundaries and Leakage, Michael P. Vandenbergh and Mark A. Cohen
Climate Change Meets the Law of the Horse, J.B. Ruhl and James Salzman
Climate Change: The China Problem, Michael P. Vandenbergh
Climate Change: The Equity Problem, Michael P. Vandenbergh and Brooke A. Ackerly
Clinical Legal Education at a Generational Crossroads: Shades of Gray, Karla M. McKanders
Codifying Custom, Timothy Meyer
Coitus and Consequences in the Legal System: An Experimental Study, Joni Hersch and Beverly Moran
Collective Management of Copyright and Neighboring Rights in Canada: An International Perspective, Daniel J. Gervais
Commenting on Geier v. American Honda Motor Co., Edward K. Cheng
Common Challenges Facing Shareholder Suits in Europe and the United States, Randall Thomas and James D. Cox
Common Law Duty, Jim Rossi
Community Control Over Camera Surveillance: A Response to Bennett Capers's "Crime, Surveillance, and Communities", Christopher Slobogin
Comparative Empiricism and Police Investigative Practices, Christopher Slobogin
Comparing CEO Employment Contract Provisions: Differences Between Australia and the United States, Randall Thomas, Jennifer G. Hill, and Ronald W. Masulis
Compensating Differentials for Gender-Specific Job Injury Risks, Joni Hersch
Compensating Differentials for Sexual Harassment, Joni Hersch
Condemning Religion: RLUIPA and the Politics of Eminent Domain, Christopher Serkin and Nelson Tebbe
Condemning the Decisions of the Past, Christopher Serkin
Confidentiality Is Wishful Thinking ..., Suzanna Sherry
Constitutional Adjudication in Japan: Context, Structures, and Values, John O. Haley
Constitutional Risks to Equal Protection in the Criminal Justice System, Edward K. Cheng
Constrained Regulatory Exit in Energy Law, Jim Rossi
Constructing Reality: Social Science and Race Cases, Beverly I. Moran
Constructive Cigarette Regulation, W. Kip Viscusi
Consumer Behavior and the Safety Effects of Product Safety Regulation, W. Kip Viscusi
Consumer Litigation Funding: Just Another Form of Payday Lending?, Paige Marta Skiba and Jean Xiao
Contorting Common Article 3, Michael A. Newton
Contracting Around "Citizens United", Ganesh Sitaraman
Contrition in the Courtroom: Do Apologies Affect Adjudication?, Chris Guthrie
Copyright Infringement and the Separated Powers of Moral Entrepreneurship, Joseph P. Fishman
Corporate Darwinism: Disciplining Managers in a World With Weak Shareholder Litigation, Randall S. Thomas and James D. Cox
Corporate Personhood and the Corporate Persona, Margaret M. Blair
Corporate Risk Analysis: A Reckless Act?, W. Kip Viscusi
Corporate Voting, Paul H. Edelman and Robert B. Thompson
Corporate Voting and the Takeover Debate, Randall Thomas and Paul H. Edelman
Corporations and the Market for Law, Erin O'Connor
Counterinsurgency and Constitutional Design, Ganesh Sitaraman
Counterinsurgency, the War on Terror, and the Laws of War, Ganesh Sitaraman
Course Correction: My Term at Afghanistan's Graduate School of War, Ganesh Sitaraman
Court Fixing, Tracey E. George
Creating Around Copyright, Joseph P. Fishman
Credibility and War Powers, Ganesh Sitaraman
Crossing the Color Line: Racial Migration and the One-Drop Rule, 1600-1860, Daniel J. Sharfstein
Cunningham v. California - CASE COMMENT, Rebecca Haw Allensworth
Currencies and the Commodification of Environmental Law, J.B. Ruhl and James Salzman
Customary International Law, Ingrid Wuerth and Laurence R. Helfer
Customizing Employment Arbitration, Randall Thomas and Kenneth J. Martin
Damages: Using a Case Study to Teach Law, Lawyering, and Dispute Resolution, Chris Guthrie
Dangerousness and Expertise, Christopher Slobogin
Dangerousness and Expertise Redux, Christopher Slobogin
Debating the Past's Authority in Alabama, Sara Mayeux
Deceit, Pretext, and Trickery: Investigative Lies by the Police, Christopher Slobogin
Deciphering Courts of Appeals Decisions Using the U.S. Courts of Appeals Data Base, Tracey E. George and Reginald S. Sheehan
Deference and Democracy, Lisa Schultz Bressman
Delaware's Retreat, Randall Thomas and James D. Cox
Delay and Its Benefits for Judicial Rulemaking Under Scientific Uncertainty, Rebecca Haw Allensworth
Demand for a Jury Trial and the Selection of Cases for Trial, Joni Hersch
Democracy and the Death of Knowledge, Suzanna Sherry
Democracy's Baby Blocks: South Africa's Electoral Commissions, Vijay Padmanabhan
Democracy's Distrust: Contested Values and the Decline of Expertise, Suzanna Sherry
Democracy Uncaged, Suzanna Sherry
Democratic Education, Suzanna Sherry
Designing Administrative Law for Adaptive Management, J.B. Ruhl and Robin Craig
Deterring and Compensating Oil-Spill Catastrophes: The Need for Strict and Two-Tier Liability, W. Kip Viscusi
Deterring Inefficient Pharmaceutical Litigation: An Economic Rationale for the FDA Regulatory Compliance Defense, W. Kip Viscusi
Developing a Positive Theory of Decisionmaking on U.S. Courts of Appeals, Tracey E. George
Development of an Early Identification and Response Model of Malpractice Prevention, Ellen Wright Clayton, Gerald B. Hickson, James W. Pichert, and Charles F. Federspiel
Director Accountability and the Mediating Role of the Corporate Board, Margaret M. Blair
Director's Duties in a Post-Enron World: Why Language Matters, Margaret M. Blair
Disciplining Delegation After "Whitman v. American Trucking Ass'ns", Lisa Schultz Bressman
Discounting Dilemmas: Editors' Introduction, W. Kip Viscusi
Disentangling Deregulatory Takings, Jim Rossi and Susan Ackerman-Rose
Do Class Action Lawyers Make Too Little?, Brian T. Fitzpatrick
Dodd-Frank's Say On Pay: Will It Lead to a Greater Role for Shareholders in Corporate Governance?, Randall S. Thomas, Alan R. Palmiter, and James F. Cotter
Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses, Randall Thomas, James D. Cox, and Lynn Bai
Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses, Randall Thomas, James D. Cox, and Lynn Bai
Does Frye or Daubert Matter? A Study of Scientific Admissibility Standards, Edward K. Cheng and Albert Yoon
Does Private Equity Create Wealth? The Effects of Private Equity and Derivatives on Corporate Governance, Randall Thomas and Ronald W. Masulis
Does Product Liability Make Us Safer?, W. Kip Viscusi
Does the Plaintiff Matter? An Empirical Analysis of Lead Plaintiffs in Securities Class Actions, Randall Thomas and James D. Cox
Does the Solicitor General Advantage Thwart the Rule of Law in the Administrative State?, Jim Rossi
Does Unconscious Racial Bias Affect Trial Judges?, Chris Guthrie, Jeffrey J. Rachlinski, Sheri Lynn Johnson, and Andrew J. Wistrich
Don't Answer That!, Suzanna Sherry
Do Smokers Underestimate Risks?, W. Kip Viscusi
Doubts About Daubert: Psychiatric Anecdata as a Case Study, Christopher Slobogin
Dude, Where's My Car Title?: The Law, Behavior, and Economics of Title Lending Markets, Paige Marta Skiba, Kathryn Fritzdixon, and Jim Hawkins
"Duel" Diligence: Second Thoughts About the Supremes as the Sultans of Swing, Paul H. Edelman and Jim Chen
Dynamic Incorporation of Federal Law, Jim Rossi
Economic Foundations of the Current Regulatory Reform Efforts, W. Kip Viscusi
Economics, Public Choice, and the Perennial Conflict of Laws, Erin O'Connor
Economic Structure and Constitutional Structure, Ganesh Sitaraman
Ecosystem Services and Federal Public Lands: Start-up Policy Questions and Research Needs, J.B. Ruhl
Ecosystem Services and the Clean Water Act: Strategies for Fitting New Science into Old Law, J.B. Ruhl
Education Match and Job Match, Joni Hersch
Effectiveness of the EPA's Regulatory Enforcement: The Case of Industrial Effluent Standards, W. Kip Viscusi
"Eggshell" Victims, Private Precaustions, and the Societal Benefits of Shifting Crime, Robert A. Mikos
Election as Appointment: The Tennessee Plan Reconsidered, Brian T. Fitzpatrick
Electric Power Resource "Shuffling" and Subnational Carbon Regulation: Looking Upstream for a Solution, Jim Rossi and Andrew J.D. Smith
Electronic Rights Management and Digital Identifier Systems, Daniel J. Gervais
Emotional Common Sense as Constitutional Law, Terry A. Maroney
Emotional Competence, "Rational Understanding," and the Criminal Defendant, Terry A. Maroney
Emotional Regulation and Judicial Behavior, Terry A. Maroney
Empirical Desert and Preventive Justice: A Comment, Christopher Slobogin
Empirical Measures of Judicial Performance: An Introduction to the Symposium, Jim Rossi and Steven G. Gey
Employment Discrimination: An Overview of the 1989 Supreme Court Term, Suzanna Sherry
Endangered Species Act Innovations in the Post-Babbittonian Era--Are There Any?, J.B. Ruhl
Enforcing Effective Assistance After Martinez, Nancy J. King
Enforcing State Law in Congress's Shadow, Robert A. Mikos
Enlightening the Religion Clauses, Suzanna Sherry
Entrenching Environmentalism, Christopher Serkin
Environmental Law, Rachael Anderson-Watts, Naeha Dixit, and Christopher J. Dunsky
Environmental Law at the Borders, J.B. Ruhl
Environmental Law in Austerity, J.B. Ruhl, James Salzman, and Jonathan Nash
Equal Protection and Affirmative Action in Broadcast Licensing, Michael Bressman
Equitable Apportionment of Ecosystem Services: New Water Law for a New Water Age, J.B. Ruhl
Equivalent Frames of Reference for Judging Risk Regulation Policies, W. Kip Viscusi
Erie and the Rules of Evidence, Edward K. Cheng
Errors, Omissions, and the Tennessee Plan, Brian T. Fitzpatrick
Essential Elements, Nancy J. King and Susan Riva Klein
Estimating Discount Rates for Environmental Quality from Utility-Based Choice Experiments, W. Kip Viscusi
Estimation of Revealed Probabilities and Utility Functions for Product Safety Decisions, W. Kip Viscusi
European Courts, American Rights: Extradition and Prison Conditions, Daniel J. Sharfstein
Evolving Equality: The Development of the International Defense Bar, Michael A. Newton
Exceptional Engagement: Protocol I and a World United Against Terrorism, Michael A. Newton
Executive Compensation in the Courts: Board Capture, Optimal Contracting, and Officers' Fiduciary Duties, Randall Thomas and Harwell Wells
Experts, Mental States, and Acts, Christopher Slobogin
Explaining The International CEO Pay Gap: Board Capture Or Market Driven?, Randall Thomas
Exploring the Mysteries: Can We Ever Know Anything About Race and Tax?, Beverly I. Moran
Farmland Stewardship: Can Ecosystems Stand Any More of It?, J.B. Ruhl
Farms and Ecosystem Services, J.B. Ruhl
Farms, Their Environmental Harms, and Environmental Laws, J.B. Ruhl
Father and Mother Know Best: Defining the Liability of Physicians for Inadequate Genetic Counseling, Ellen Wright Clayton
Federalism and Accountability, Timothy Meyer
Federalism Anew, Sara Mayeux and Karen Tani
Federal Preemption and Clean Energy Floors, Jim Rossi and Thomas Hutton
Federal Preemption and Immigrants' Rights, Karla M. McKanders
Felony Jury Sentencing in Practice: A Three-State Study, Nancy J. King and Rosevelt L. Noble
Feminism and the Tournament, Jessica A. Clarke
FERC v. EPSA, Jim Rossi and Jon Wellinghoff
Finding Federalism in the Admiralty: "The Devil's Own Mess" Revisited, J.B. Ruhl
Forensics, Chicken Soup, and Meteorites: A Tribute to Michael Risinger, Edward K. Cheng
Foresight Bias in Patent Law, Sean B. Seymore
Foreword: Is Justice Just Us?, Christopher Slobogin
Form vs. Function in Rule 10B-5 Class Actions, Amanda M. Rose
Foundational Facts and Doctrinal Change, Suzanna Sherry
Foxes at the Henhouse: Occupational Licensing Boards Up Close, Rebecca Haw Allensworth
Fragmented Copyright, Fragmented Management: Proposals to Defrag Copyright Management, Daniel J. Gervais and Alana Maurushat
Frameworks for Analyzing the Effects of Risk and Environmental Regulations on Productivity, W. Kip Viscusi
Framing Frivolous Litigation: A Psychological Theory, Chris Guthrie
Fraud on the Market: An Action Without a Cause, Amanda Rose
Free Trade, Fair Trade, and Selective Enforcement, Timothy Meyer
From Cash Crop to Cash Cow, W. Kip Viscusi
From De Facto to Statutory Exemption: An Analysis of the Evolution of Legislative Policy Regarding the Federal Taxation of Campaign Finance, Jeffrey Schoenblum
From Judge to Justice: Social Background Theory and the Supreme Court, Tracey E. George
From Politics to Efficiency in Choice of Law, Erin O'Connor
From Smokestack to SUV: The Individual as Regulated Entity in the New Era of Environmental Law, Michael P. Vandenbergh
Frontiers of Sex Discrimination Law, Jessica A. Clarke
Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State, J.B. Ruhl and Robin Craig
Gender Justice, Suzanna Sherry
Getting the Math Right, Paul H. Edelman
Global Public Goods, Governance Risk, and International Energy, Timothy Meyer
Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention, Daniel J. Gervais
Good For You, Bad for Us: The Financial Disincentive for Net Demand, Jim Rossi and Michael P. Vandenbergh
Good for You, Bad for Us: The Financial Disincentive for Net Demand Reduction, Michael P. Vandenbergh and Jim Rossi
Governing for Sustainable Coasts: Complexity, Climate Change, and Coastal Ecosystem Protection, J.B. Ruhl
Government Data Mining and the Fourth Amendment, Christopher Slobogin
Government Dragnets, Christopher Slobogin
Group-Conflict Resolution: Sources of Resistance to Reconciliation, Erin O'Connor
Guardians: A Research Note, Chris Guthrie, Lawrence M. Friedman, and Joanna L. Grossman
Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences, Nancy J. King and Suzanna Sherry
Hard Cases Make Good Judges, Suzanna Sherry
Harmonizing Commercial Wind Power and the Endangered Species Act Through Administrative Reform, J.B. Ruhl
Harmonizing Distributed Energy and the Endangered Species Act, J.B. Ruhl
Haste Makes Waste: Congress and the Common Law in Cyberspace, Suzanna Sherry
Having it Both Ways: Proof That the U.S. Supreme Court is "Unfairly" Prosecution-Oriented, Christopher Slobogin
Health and Safety, W. Kip Viscusi
Hedonic Damages for Wrongful Death: Are Tortfeasors Getting Away with Murder?, Erin O'Connor
Heightened Enablement in the Unpredictable Arts, Sean B. Seymore
He Said, She Said, Let's Hear What the Data Say: Sexual Harassment in the Media, Courts, EEOC, and Social Science, Joni Hersch and Beverly Moran
Heuristics and Biases at the Bargaining Table, Chris Guthrie and Russell Korobkin
Hogs Get Slaughtered at the Supreme Court, Suzanna Sherry
Homogenized Law: Can the United States Learn from African Mistakes?, Beverly I. Moran
Honest Copying Practices, Joseph P. Fishman
Household Specialization and the Male Marriage Wage Premium, Joni Hersch and Leslie S. Stratton
Housework, Wages, and the Division of Housework Time for Employed Spouses, Joni Hersch and Leslie S. Stratton
How and Why is the American Punishment System "Exceptional"?, Christopher Slobogin
How Different is Death? Jury Sentencing in Capital and Non-Capital Cases Compared, Nancy J. King
How Do Judges Think About Risk?, W. Kip Viscusi
How I Learned to Stop Worrying and Love Double Taxation, Herwig J. Schlunk
How is Constitutional Law Made?, Tracey E. George and Robert J. Pushaw, Jr.
How "Mead" Has Muddled Judicial Review of Agency Action, Lisa Schultz Bressman
How Modern Choice of Law Helped to Kill the Private Attorney General, Erin O'Connor
Human Health Risk Assessments for Superfund, W. Kip Viscusi
Human Rights Beyond the War on Terrorism: Extradition Defenses Based on Prison Conditions in the United States, Daniel J. Sharfstein
I Come Not to Praise the Corporate Income Tax, But to Save It, Herwig J. Schlunk
Identity and Form, Jessica A. Clarke
Illustrating Illegitimate Lawfare, Michael A. Newton
Immigration Enforcement and the Fugitive Slave Acts: Exploring Their Similarities, Karla M. McKanders
Implementing the New Ecosystem Services Mandate of the Section 404 Compensatory Mitigation Program--A Catalyst for Advancing Science and Policy, J.B. Ruhl, James Salzman, and Iris Goodman
Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress, Suzanna Sherry and Paul J. Heald
Improving Shareholder Monitoring of Corporate Management by Expanding Statutory Access to Information, Randall Thomas
Inadvertent Implications of the War Powers Resolution, Michael A. Newton
Income Tax Rhetoric (or Why Do We Want Tax Reform?), Beverly I. Moran
Increasing Diversity by a New Master's Degree in Legal Principles, Joni Hersch
In Defense of Author Prominence: A Reply to Crespi and Korobkin, Tracey E. George and Chris Guthrie
In Defense of Ecosystem Services, J.B. Ruhl
In Defense of Regulatory Peer Review, J.B. Ruhl and James Salzman
Indemnification as an Alternative to Nullification, Robert A. Mikos
Independent Judges and Independent Justice, Suzanna Sherry
Independent Judicial Research in the "Daubert" Age, Edward K. Cheng
Individual Carbon Emissions: The Low-Hanging Fruit, Michael P. Vandenbergh, Jack Barkenbus, and Jonathan Gilligan
Individual Rationality, Hazard Warnings, and the Foundations of Tort Law, W. Kip Viscusi
Induced Litigation, Tracey E. George and Chris Guthrie
Induced Litigation, Chris Guthrie and Tracey E. George
In Family Law, Love's Got a Lot to Do With It: A Response to Philip Shaver, Terry A. Maroney
Inferring Desire, Jessica A. Clarke
Informational Regulation of Consumer Health Risks: An Empirical Evaluation of Hazard Warnings, W. Kip Viscusi
Information Asymmetries in Consumer Credit Markets: Evidence from Payday Lending, Paige Marta Skiba and Will Dobbie
In Search of a Unifying Principle for Article V of the Uniform Trust Code: A Response to Professor Danforth, Jeffrey Schoenblum
Insider Information and the Limits of Insider Trading, Yesha Yadav
Insider Trading and Market Structure, Yesha Yadav
Insider Trading in Derivatives Markets, Yesha Yadav
Inside the Administrative State: A Critical Look at the Practice of Presidential Control, Lisa Schultz Bressman and Michael P. Vandenbergh
Inside the Arbitrator's Mind, Chris Guthrie, Susan D. Franck, Anne van Aaken, James Freda, and Jeffrey J. Rachlinski
Inside the Bankruptcy Judge's Mind, Chris Guthrie, Jeffrey J. Rachlinski, and Andrew J. Wistrich
Inside the Judicial Mind, Chris Guthrie, Jeffrey J. Rachlinski, and Andrew J. Wistrich
Insights from Cognitive Psychology, Chris Guthrie
Insurance Coverage Policies for Pharmacogenomic and Multi-Gene Testing for Cancer, Ellen Wright Clayton, Christine Y. Lu, Stephanie Loomer, and et al.
Insurers, Illusions of Judgment & Litigation, Chris Guthrie and Jeffrey J. Rachlinski
Insuring Takings Claims, Christopher Serkin
Integrating Ecosystem Services into Environmental Law: A Case Study of Wetlands Mitigation Banking, J.B. Ruhl and Juge R. Gregg
Integrity and Reflection, Suzanna Sherry
Intellectual Property, Trade & Development: The State of Play, Daniel J. Gervais
Interest Groups, Contracts and Interest Analysis, Erin O'Connor
International Criminal Law Aspects of the War Against Terrorism, Michael A. Newton
International Human Rights Law: An Unexpected Threat to Peace, Ingrid Wuerth
International Law and Constitutional Interpretation: The Commander in Chief Clause Reconsidered, Ingrid Wuerth
International Law in Domestic Courts and the Jurisdictional Immunities of the State Case, Ingrid Wuerth
International Law in the Post-Human Rights Era, Ingrid Wuerth
Interpreting Regulations, Kevin M. Stack
Intersectional Complications of Healthism, Jennifer B. Shinall
Intraportfolio Litigation, Amanda Rose and Richard Squire
Introducing New Voices, Suzanna Sherry
Introduction: Is the Supreme Court Failing at Its Job, or Are We Failing at Ours?, Suzanna Sherry
Introduction to the Symposium on the Model Penal Code's Sentencing Proposals, Christopher Slobogin
Irresponsibility Breeds Contempt, Suzanna Sherry
Is Atkins the Antithesis or Apotheosis of Anti-Discrimination Principles? Sorting Out the Groupwide Effects of Exempting People with Mental Retardation from the Death Penalty, Christopher Slobogin
Islamic Law Meets ERISA: How America's Private Pension System Unintentionally Discriminates Against Muslims and What to Do About It, Beverly I. Moran
Issue Manipulation by the Burger Court, Suzanna Sherry
Is the Constitution Special?, Christopher Serkin and Nelson Tebbe
Is the Endangered Species Act Ecopragmatic?, J.B. Ruhl
Is the Radical Critique of Merit Anti-Semitic?, Suzanna Sherry and Daniel A. Farber
Is the Supreme Court Failing at Its Job, or Are We Failing at Ours, Suzanna Sherry
Is U.S. CEO Compensation Inefficient Pay Without Performance?, Randall Thomas, John E. Core, and Wayne Guay
Jaffee v. Redmond: Towards Recognition of a Federal Counselor-Battered Woman Privilege, Michael Bressman
James D. Cox: The Shareholders Best Advocate, Randall Thomas and Well Harwell
Job Matching and Women's Wage-Tenure Profile, Joni Hersch and Patricia Reagan
Joining Forces: The Role of Collaboration in the Development of Legal Thought, Tracey E. George and Chris Guthrie
Joining Forces: The Role of Collaboration in the Development of Legal Thought, Chris Guthrie and Tracey E. George
Judges and Their Emotions, Terry A. Maroney
Judges of Character, Suzanna Sherry
Judging by Heuristic: Cognitive Illusions in Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, and Andrew J. Wistrich
Judicial Federalism in the Trenches: The Rooker-Feldman Doctrine in Action, Suzanna Sherry
Judicial Independence and the Ambiguity of Article III Protections, Tracey E. George
Judicial Independence: Playing Politics with the Constitution, Suzanna Sherry
Judicial Oversight of Negotiated Sentences in a World of Bargained Punisshment, Nancy J. King
Judicial Politics and Decisionmaking: A New Approach, Chris Guthrie, Andrew J. Wistrich, and Jeffrey J. Rachlinski
Judicial Review of Agency Benefit-Cost Analysis, W. Kip Viscusi
Judicial Review of Agency Inaction: An Arbitrariness Approach, Lisa Schultz Bressman
Judicial Review of Defensive Tactics in Proxy Contests: When is Using a Rights Plan Right?, Randall Thomas
Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to "Apprendi", Nancy J. King
Juries, Hindsight, and Punitive Damages Awards: Reply to Richard Lempert, W. Kip Viscusi
Juror Delinquency in Criminal Trials in America, 1796-1996, Nancy J. King
Jurors, Judges, and the Mistreatment of Risk by the Courts, W. Kip Viscusi
Justice Ginsburg's Gradualism in Criminal Procedure, Christopher Slobogin
Justice O'Connor's Dilemma: The Baseline Question, Suzanna Sherry
Justice Scalia and Class Actions, Brian T. Fitzpatrick
Juvenile Justice: The Fourth Option, Christopher Slobogin and Mark R. Fondacaro
Keeping the Endangered Species Act Relevant, J.B. Ruhl
Lafler v. Cooper and AEDPA, Nancy J. King
Law and Economics as a Pillar of Legal Education, W. Kip Viscusi
Law and the Art of Modeling: Are Models Facts?, Rebecca Haw Allensworth
Law, Emotion, and Terra Nova: Neal Feigenson as Both Radical and Reformer, Terry A. Maroney
Law's Complexity: A Primer, J.B. Ruhl
Law, Statistics, and the Reference Class Problem, Edward K. Cheng
Leaving Money on the Table: Do Institutional Investors Fail to File Claims in Securities Class Actions?, Randall Thomas and James D. Cox
Lee v. Weisman: Paradox Redux, Suzanna Sherry
Legal and Institutional Foundations of Adaptive Environmental Governance, J.B. Ruhl, Daniel A. DeCaro, Brian C. Chaffin, and Edella Schlager
Legal Strategies for Economic Empowerment of Persons in Recovery, Lauren Rogal
Legitimacy, Selectivity, and the Disunitary Executive: A Reply to Sally Katzen, Lisa Schultz Bressman and Michael P. Vandenbergh
Less is More, Jennifer B. Shinall
Lessons From Inquisitorialism, Christopher Slobogin
Lessons from the Procedural Politics of the "Comprehensive" National Energy Policy Act of 1992, Jim Rossi
Lessons from the Turn of the Twentieth Century for First-Year Courses on Legislation and Regulation, Kevin M. Stack
Let's Not Bury TERRY: A Call for Rejuvenation of the Proportionality Principle, Christopher Slobogin
Letting Billions Slip Through Your Fingers: Empirical Evidence and Legal Implications of the Failure of Financial Institutions to Participate in Securities Class Action Settlements, Randall Thomas and James D. Cox
Liberty's Safety Net, Suzanna Sherry
Life After Bakke Where Whites and Blacks Agree: Public Support for Fairness in Educational Opportunities, Carol M. Swain, Robert R. Rogers, and Bernard W. Silverman
Litigating Challenges to Executive Pay: An Exercise in Futility?, Randall Thomas and Kenneth J. Martin
Little Boxes: Can Optimal Commodity Tax Methodology Save the Debt-Equity Distinction?, Herwig J. Schlunk
Local Property Law: Adjusting the Scale of Property Protection, Christopher Serkin
Locating the International Interest in Intranational Cultural Property Disputes, Joseph P. Fishman
Locking in Capital: What Corporate Law Achieved for Business Organizers in the Nineteenth Century, Margaret M. Blair
Logic Without Experience: The Problem of Federal Appellate Courts, Suzanna Sherry
Lowering the Filed Tariff Shield: Judicial Enforcement for a Deregulatory Era, Jim Rossi
Lying and Confessing, Christopher Slobogin
Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms, Randall Thomas, Lynn Bai, and James Cox
Macro-Risks: The Challenge for Rational Risk Regulation, Michael P. Vandenbergh and Jonathan A. Gilligan
Making Copyright Whole: A Principled Approach to Copyright Exceptions and Limitations, Daniel J. Gervais
Making Money: Leverage and Private Sector Money Creation, Margaret M. Blair
Making Nuisance Ecological, J.B. Ruhl
Making Patents Useful, Sean B. Seymore
Making Preemption Less Palatable: State Poison Pill Legislation, Robert A. Mikos
Making the Most of United States v. Jones in a Surveillance Society: A Statutory Implementation of Mosaic Theory, Christopher Slobogin
Male-Female Differences in Hourly Wages: The Role of Human Capital, Working Conditions, and Housework, Joni Hersch
Malpractice and Environmental Law: Should Environmental Law "Specialists" Be Worried?, J.B. Ruhl
Managing Systemic Risk in Legal Systems, J.B. Ruhl
Manifesto for the Radical Middle, J.B. Ruhl
Mapping the American Shareholder Litigation Experience, Randall Thomas and James D. Cox
Marijuana Localism, Robert A. Mikos
Market Incentives for Safety, W. Kip Viscusi
Measuring Securities Market Efficiency in the Regulatory Setting, Randall Thomas and James F. Cotter
Medellin: The New, New Formalism?, Ingrid Wuerth
Medical Malpractice Insurance in the Wake of Liability Reform, W. Kip Viscusi
Medical Marijuana and the Political Safeguards of Federalism, Robert A. Mikos
Megafirms, Randall Thomas, Stewart J. Schwab, and Robert G. Hansen
Mental Disorder as an Exemption from the Death Penalty: The ABA-IRR Task Force Recommendations, Christopher Slobogin
Mental Illness and Self-Representation: Faretta, Godinez and Edwards, Christopher Slobogin
Micro-Offsets and Macro-Transformation: An Inconvenient View of Climate Change Justice, Michael P. Vandenbergh, Brooke A. Ackerly, and Fred E. Forster
Minority Law Teachers Conference, Beverly I. Moran
Misjudging, Chris Guthrie
Mistake of Federal Criminal Law: A Study of Coalitions and Costly Information, Erin O'Connor
Mitochondrial DNA: Emerging Legal Issues, Edward K. Cheng
Modern Military Necessity: The Role & Relevance of Military Lawyers, Michael A. Newton
Monetizing the Benefits of Risk and Environmental Regulation, W. Kip Viscusi
Money and (Shadow) Banking: A Thought Experiment, Morgan Ricks
Moral Hazard and Merit Rating Over Time: An Analysis of Optimal Intertemporal Wage Structures, W. Kip Viscusi
Mortality Effects of Regulatory Costs and Policy Evaluation Criteria, W. Kip Viscusi
Moving Public Law Out of the Deference Trap in Regulated Industries, Jim Rossi
Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State, J.B. Ruhl and James Salzman
Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?, Tracey E. George and Paul H. Edelman
Multijurisdictional Estates and Article II of the Uniform Probate Code, Jeffrey Schoenblum
Music as a Matter of Law, Joseph P. Fishman
My Patent, Your Patent, or Our Patent? Inventorship Disputes Within Academic Research Groups, Sean B. Seymore
Myth of Ownership / Myth of Government, Jeffrey Schoenblum
Nameless Justice: The Case for the Routine Use of Anonymous Juries in Criminal Trials, Nancy J. King
National Survey Evidence on Disasters and Relief: Risk Beliefs, Self-Interest, and Compassion, W. Kip Viscusi
Natural Disaster Risks: An Introduction, W. Kip Viscusi
Natural Law in the States, Suzanna Sherry
Navigating the Research-Clinical Interface in Genomic Medicine: Analysis From the CSER Consortium, Ellen Wright Clayton, Susan M. Wolf, Laura M. Amendola, and et al.
"New and Improved" Estimates of Qualification Discrimination, Joni Hersch and Joe A. Stone
No Cure for a Broken Heart, Daniel J. Sharfstein
Non-Capital Habeas Cases After Appellate Review: An Empirical Analysis, Nancy J. King
Normalizing Erie, Suzanna Sherry
Not "Wrongful" by Any Means: The Court's Decisions in the Redistricting Cases, Carol M. Swain
Obama's Equivocal Defense of Agency Independence, Kevin M. Stack
Of Clusters and Assumptions: Innovation as Part of a Full TRIPS Implementation, Daniel J. Gervais
Of Dialogue--And Democracy--In Administrative Law, Jim Rossi
Of Silos and Constellations: Comparing Notions of Originality in Copyright Law, Daniel J. Gervais and Elizabeth F. Judge
Oil Pollution Act of 1990: Opening a New Era in Federal and Texas Regulation of Oil Spill Prevention, Containment and Cleanup, and Liability, J.B. Ruhl and Michael J. Jewell
On Apology and Consilience, Erin O'Connor
Once a Criminal? Regulating the Use of Prior Convictions in Sentencing, Nancy J. King
One Tax Piece of the Savings and Loan Crisis: Can the Federal Home Loan Bank Board Use the Internal Revenue Cose to Bail Out the Ailing Savings and Loan Industry?, Beverly I. Moran
On Legal Interpretations of the Condorcet Jury Theorem, Paul H. Edelman
On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime, Robert A. Mikos
Opening Offers and Out-of-Court Settlement: A Little Moderation May Not Go a Long Way, Chris Guthrie and Russell Korobkin
Opting Out of Regulation: A Public Choice Analysis of Contractual Choice of Law, Erin O'Connor
Order Without Social Norms: How Personal Norm Activation Can Protect the Environment, Michael P. Vandenbergh
Organizational Apologies: BP as a Case Study, Erin O'Connor
Organizational Law as Commitment Device, Morgan Ricks
Originalism and Summary Judgment, Brian T. Fitzpatrick
Other Disciplines, Methodologies, and Countries: Studying Courts and Crisis, Tracey E. George
Our Unconstitutional Senate, Suzanna Sherry
Outlaw Blues, Suzanna Sherry
Outsourcing Modularity, and the Theory of the Firm, Margaret M. Blair, Erin O'Hara O'Connor, and Gregg Kirchhoefer
Outsourcing, Modularity, and the Theory of the Firm, Erin O'Connor, Gregg Kirchhoefer, and Margaret M. Blair
Overruling Erie: Nationwide Class Actions and National Common Law, Suzanna Sherry
Pain and Suffering: Damages in Search of a Sounder Rationale, W. Kip Viscusi
Panacea or Pandora's Box?: The Costs of Options in Negotiation, Chris Guthrie
Panarchy and the Law, J.B. Ruhl
Paradoxes of Fair Division, Paul H. Edelman, Steven J. Brams, and Peter C. Fishburn
Parole, in "Eighteenth Annual Review of Criminal Procedure: United States Supreme Court and Court of Appeals, 1987-88", Erin O'Connor
Participation Run Amok: The Costs of Mass Participation for Deliberative Agency Decisionmaking, Jim Rossi
Passive Takings, Christopher Serkin
Past, Present, and Future Trends of the Endangered Species Act, J.B. Ruhl
Patenting Around Failure, Sean B. Seymore
Patently Impossible, Sean B. Seymore
Patient Awareness and Approval for an Opt-Out Genomic Biorepository, Ellen Wright Clayton, Kyle B. Brothers, Matthew J. Westbrook, M. Francis Wright, John A. Myers, Daniel R. Morrison, Jennifer L. Madison, and Jill M. Pulley
Patients and Biobanks, Ellen Wright Clayton
Pawnshops, Behavioral Economics, and Self Regulation, Paige Marta Skiba and Susan Payne Carter
Peeping Techno-Toms and the Fourth Amendment: Seeing Through Kyllo's Rules Governing Technological Surveillance, Christopher Slobogin
Perspectives: Law in the Grand Manner, Suzanna Sherry
Pick a Number, Any Number: State Representation in Congress After the 2000 Census, Suzanna Sherry and Paul H. Edelman
Pick a Number, Any Number: State Representation in Congress After the 2000 Census, Paul H. Edelman and Suzanna Sherry
Plain Packaging and the Interpretation of the TRIPS Agreement, Daniel J. Gervais and Susy Frankel
Plain Packaging and the TRIPS Agreement: A response to Professors Davison, Mitchell and Voon, Daniel J. Gervais
Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fry, Nancy J. King
Plus Ca Change . . . or If Hard Cases Make Bad Law, What Do Bad Cases Make?, Suzanna Sherry
Policing Public Companies: An Empirical Examination of the Enforcement Landscape and the Role Played by State Securities Regulators, Amanda Rose and Larry J. LeBlanc
Policy Challenges of the Heterogeneity of the Value of Statistical Life, W. Kip Viscusi
Policy Relevant Heterogeneity in the Value of Statistical Life: New Evidence from Panel Data Quantile Regressions, W. Kip Viscusi
Political Bargaining and Judicial Intervention in Constitutional and Antitrust Federalism, Jim Rossi
Politics and Judgment, Suzanna Sherry
Portioning Punishment: Constitutional Limits on Successive and Excessive Penalties, Nancy J. King
Postconviction Review of Jury Discrimination: Measuring the Effects of Juror Race on Jury Decisions, Nancy J. King
Post Padilla: Padilla's Puzzles for Review in State and Federal Courts, Nancy J. King and Gray Proctor
Power, Exit Costs, and Renegotiation in International Law, Timothy Meyer
Prediction Markets and Law: A Skeptical Account, Rebecca Haw Allensworth
Preemption Under the Controlled Substances Act, Robert A. Mikos
Prescribing the Right Dose of Peer Review for the Endangered Species Act, J.B. Ruhl
Presidential Exit, J.B. Ruhl and James Salzman
Prevention as the Primary Goal of Sentencing: The Modern Case for Indeterminate Dispositions in Criminal Cases, Christopher Slobogin
Priceless Process: NonNegotiable Features of Criminal Litigation, Nancy J. King
Pricing Lives for Corporate and Governmental Risk Decisions, W. Kip Viscusi
Principles of Influence in Negotiation, Chris Guthrie
Principles of Risk Assessment: Sentencing and Policing, Christopher Slobogin
Private Religious Choice in German and American Constitutional Law: Government Funding and Government Religious Speech, Ingrid Wuerth
Procedural Justice Research and the Paucity of Trials, Chris Guthrie
Procedures as Politics in Administrative Law, Lisa Schultz Bressman
Product Liability Litigation With Risk Averson, W. Kip Viscusi
Product Liability, Research and Development, and Innovation, W. Kip Viscusi
Profiling the New Immigrant Worker: The Effects of Skin Color and Height, Joni Hersch
Progressive Regression, Suzanna Sherry
Promoting Recycling: Private Values, Social Norms, and Economic Incentives, W. Kip Viscusi
Promoting Safety Through Workers' Compensation: The Efficacy and Net Wage Costs of Injury Insurance, W. Kip Viscusi
Property is the New Privacy, Suzanna Sherry
Proposal for a Model State Watershed Management Act, J.B. Ruhl, C.L. Lant, Steven E. Kraft, and Leslie A. Duram
Prospective Grandfathering, Christopher Serkin
Prospect Theory, Risk Preference, and the Law, Chris Guthrie
Protected Class Gatekeeping, Jessica A. Clarke
Psychiatric Evidence in Criminal Trials: To Junk or Not to Junk?, Christopher Slobogin
Psychological Barriers to Litigation Settlement: An Experimental Approach, Chris Guthrie and Russell Korobkin
Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer, Chris Guthrie and Russell Korobkin
Public and Private Enforcement of the Securities Laws: Have Things Changed Since Enron?, Randall Thomas and James D. Cox
Public Choice Theory and the Fragmented Web of the Contemporary Administrative State, Jim Rossi
Public Entrenchment through Private Law: Binding Local Governments, Christopher Serkin
Public Pension Funds as Shareholder Activists: A Comment on Choi and Fisch, Randall Thomas
Public Privacy: Camera Surveillance of Public Places and the Right to Anonymity, Christopher Slobogin
Public Ruses, Christopher Serkin and James E. Krier
Public Values and Private Virtue, Suzanna Sherry
Punitive Damages by Numbers: Exxon Shipping Co. v. Baker, Joni Hersch and W. Kip Viscusi
Punitive Damages: How Judges and Juries Perform, Joni Hersch and W. Kip Viscusi
Punitive Damages: How Jurors Fail to Promote Efficiency, W. Kip Viscusi
Purposivism in the Executive Branch: How Agencies Interpret Statutes, Kevin M. Stack
Putting Desert in Its Place, Christopher Slobogin and Lauren Brinkley-Rubinstein
Putting Exclusionary Zoning in Its Place: Affordable Housing and Geographical Scale, Christopher Serkin and Leslie Wellington
Putting the Law Back in Constitutional Law, Suzanna Sherry
Quantum Leap: A Black Woman Uses Legal Education to Obtain Her Honorary White Pass, Beverly I. Moran
Quieting the Shareholders' Voice, Randall Thomas, James D. Cox, and Fabrizio Ferri
Race and Wealth Disparity: The Role of Law and the Legal System, Beverly I. Moran and Stephanie M. Wildman
Racial Jurymandering: Cancer or Cure? A Contemporary Review of Affirmative Action in Jury Selection, Nancy J. King
Raising the Bar: Law Schools and Legal Institutions Leading to Educate Undocumented Students, Karla M. McKanders, Raquel Aldana, and Beth Lyon
Rates of Time Preference and Consumer Valuations of Automobile Safety and Fuel Efficiency, W. Kip Viscusi
Rational Discounting for Regulatory Analysis, W. Kip Viscusi
Rationalizing the Taxation of Reorganizations and Other Corporate Acquisitions, Herwig J. Schlunk
Realigning Corporate Governance: Shareholder Activism by Labor Unions, Randall Thomas and Stewart J. Schwab
Reasonable Expectations of Privacy and Autonomy in Fourth Amendment Cases: An Empirical Look at "Understandings Recognized and Permitted by Society", Christopher Slobogin and Joseph E. Schumacher
Reasonableness Review After Booker, Nancy J. King
Reauthorization of the Voting Rights Act: How Politics and Symbolism Failed America, Carol M. Swain
Reclaiming the Legal Fiction of Congressional Delegation, Lisa Schultz Bressman
Recognizing Our Dangerous Gifts: Applying the Social Model to Individuals with Mental Illness, Rachel Anderson-Watts
Recollection Bias and the Combat of Terrorism, W. Kip Viscusi
Reconceptualizing Due Process in Juvenile Justice: Contributions from Law and Social Science, Christopher Slobogin, Mark R. Fondacaro, and Tricia Cross
Reconceptualizing the Burden of Proof, Edward K. Cheng
Reconsidering Reprisals, Michael A. Newton
Reconstituting the Federalism Battle in Energy Transportation, Jim Rossi and Alexandra B. Klass
Redistribution Through Discriminatory Taxes: A Contractarian Explanation of the Role of the Courts, Erin O'Connor
Reenvisioning Law Through the DNA Lens, Edward K. Cheng
Reflections on the University of Washington's Asian Law Center, John O. Haley
Reforming Corporate Governance: What History Can Teach Us, Margaret M. Blair
Reforming Regulation, Ganesh Sitaraman
Reframing the Proportionality Principle, Michael A. Newton
Refugee Reception and Perception: US Detention Camps and German Welcome Centers, Karla M. McKanders and Valeria Gomez
Regulating Money Creation After the Crisis, Morgan Ricks
Regulating Settlement: What is Left of the Rule of Law in the Criminal Process?, Nancy J. King
Regulating the Regulators, W. Kip Viscusi
Regulation by Adaptive Management--Is It Possible?, J.B. Ruhl
Regulation in the Behavioral Era, Lisa Schultz Bressman, Michael P. Vandenbergh, and Amanda R. Carrico
Regulation of Payday Loans: Misguided?, Paige Marta Skiba
Regulatory Economics in the Courts: An Analysis of Judge Scalia's NHTSA Bumper Decision, W. Kip Viscusi
Regulatory Exit, J.B. Ruhl and James Salzman
Regulatory Traffic Jams, J.B. Ruhl, James Salzman, and Kai-Sheng Song
Rehnquist and Panvasive Searches, Christopher Slobogin
Reinventing Lisbon: The Case for a Protocol to the Lisbon Agreement (Geographical Indications), Daniel J. Gervais
Reinvention, Sean B. Seymore
Religion and the Public Square: Making Democracy Safe for Religious Minorities, Suzanna Sherry
Remaking the United States Supreme Court in the Courts' of Appeals Image, Tracey E. George and Chris Guthrie
Remaking the United States Supreme Court in the Courts' of Appeals Image, Chris Guthrie and Tracey E. George
Republican Citizenship in a Democratic Society, Suzanna Sherry
Res Ipsa Loquitur (Or Why the Other Essays Prove My Point), Suzanna Sherry
Respecting Deference: Conceptualizing Skidmore Within the Architecture of Chevron, Jim Rossi
Responsible Republicanism: Educating for Citizenship, Suzanna Sherry
Restoring Trade's Social Contract, Timothy Meyer and Frank J. Garcia
Rethinking Contract Practice and Law in Japan, John O. Haley
Rethinking Legally Relevant Mental Disorder, Christopher Slobogin
Rethinking Novelty in Patent Law, Sean B. Seymore
Rethinking the Federal Role in State Criminal Justice, Nancy J. King and Joseph L. Hoffmann
Revisiting the Public Utility, Jim Rossi and Morgan Ricks
Revitalizing Dormant Commerce Clause Review for Interstate Coordination, Jim Rossi and Alexandra B. Klass
RFRA-Vote Gambling: Why Paulsen is Wrong, As Usual, Suzanna Sherry
Right Problem; Wrong Solution, Nancy J. King and Joseph L. Hoffmann
Rights Talk: Must We Mean What We Say?, Suzanna Sherry
Risk Equity, W. Kip Viscusi
Risk Perceptions in Regulation, Tort Liability, and the Market, W. Kip Viscusi
Risk Realization, Emotion, and Policy Making, Chris Guthrie
Risky Business? The Trump Administration and the State-Licensed Marijuana Industry, Robert A. Mikos
Risky Investment Decisions: How Are Individuals Influenced by Their Groups?, W. Kip Viscusi
Rules and Institutions in Developing a Law Market: Views from the United States and Europe, Erin O'Connor
Safety at Any Price, W. Kip Viscusi
Safety First: The Deceptive Allure of Full Reserve Banking, Morgan Ricks
Same Old, Same Old: Scientific Evidence Past and Present, Edward K. Cheng
Saving Lives Through Punitive Damages, W. Kip Viscusi
Saving Lives Through Punitive Damages, Joni Hersch and W. Kip Viscusi
Saving the Political Consensus in Favor of Free Trade, Timothy Meyer
Say on Pay Around the World, Randall Thomas and Christoph van der Elst
Scalia in the Casebooks, Brian T. Fitzpatrick and Paulson K. Varghese
Schechter Poultry at the Millennium: A Delegation Doctrine for the Administrative State, Lisa Schultz Bressman
Scientific Evidence as Foreign Law, Edward K. Cheng
Screening and Treatment of Newborns, Ellen Wright Clayton
SEC Enforcement Heuristics: An Empirical Inquiry, Randall Thomas and James D. Cox
Second Generation Law and Economics of Conflict of Laws: Baxter's Comparative Impairment and Beyond, Erin O'Connor
Seeking Genomic Knowledge: The Case for Clinical Restraint, Ellen Wright Clayton, Wylie Burke, and Susan Brown Trinidad
Selectica Resets the Trigger on the Poison Pill: Where Should the Delaware Courts Go Next?, Paul H. Edelman and Randall S. Thomas
Selective Judicial Activism, Suzanna Sherry
Selective Judicial Activism in the Equal Protection Context: Democracy, Distrust, and Deconstruction, Suzanna Sherry
"Sell's" Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication, Christopher Slobogin
Sentencing and Prior Convictions: The Past, The Future, and the End of the Prior-Conviction Exception to "Apprendi", Nancy J. King
Separated by a Common Language?, Yesha Yadav
Separation of Powers: Asking a Different Question, Suzanna Sherry
Serendipity, Sean B. Seymore
Service Pays: Creating Opportunities by Linking College with Public Service, Ganesh Sitaraman, Elizabeth Warren, and Sandy Baum
Setting an Agenda for a Study of Tax and Black Culture, Beverly I. Moran
Sex Differences in Worker Quitting, W. Kip Viscusi
Sex Discrimination in the Labor Market, Joni Hersch
Shareholder Voting in an Age of Intermediary Capitalism, Paul H. Edelman, Randall S. Thomas, and Robert B. Thompson
Shareholder Voting in Proxy Contests for Corporate Control, Uncontested Director Elections and Management Proposals, Randall Thomas and Patrick C. Tricker
Should Directors Reduce Executive Pay?, Randall Thomas
Should Judges Do Independent Research on Scientific Issues?, Edward K. Cheng
Should Labor be Allowed to Make Shareholder Proposals?, Randall Thomas and Kenneth J. Martin
Should New Zealand Adopt Say on Pay?, Randall Thomas and Susan Watson
Silencing Nullification Advocacy Inside the Jury Room and Outside the Courtroom, Nancy J. King
Simplicial Complexes Obtained from Qualitative Probability Orders, Paul H. Edelman, Tatiana Gvozdeva, and Arkadii Slinko
Siting Transmission Lines in a Changed Milieu: Evolving Notions of the "Public Interest" In Balancing State and Regional Considerations, Jim Rossi and Ashley C. Brown
Six Degrees of Cass Sunstein, Paul H. Edelman and Tracey E. George
Six Degrees of Cass Sunstein, Tracey E. George and Paul H. Edelman
Skin Color Discrimination and Immigrant Pay, Joni Hersch
Skin-Tone Effects among African Americans: Perceptions and Reality, Joni Hersch
Slipping Away from Justice: the Effect of Attorney Skill on Trial Outcomes, Jennifer B. Shinall
Smoking Status and Public Responses to Ambiguous Scientific Risk Evidence, W. Kip Viscusi
Soft Law as Delegation, Timothy Meyer
Some Hypotheses About Empirical Desert, Christopher Slobogin
Some Observations on the Future of U.S. Military Commissions, Michael A. Newton
Something to Talk About, Joni Hersch and Jennifer Bennett Shinall
Sources of Inconsistency in Societal Responses to Health Risks, W. Kip Viscusi
Specific Investment: Explaining Anomalies in "Corporate Law", Margaret M. Blair and Lynn A. Stout
Spiritual But Not Intellectual? The Protection of Sacred Intangible Traditional Knowledge, Daniel J. Gervais
Stargazing: The Alternative Minimum Tax for Individuals and Future Tax Reform, Beverly I. Moran
State Adoption of Federal Law: Exploring the Limits of Florida's "Forced Linkage" Amendment, Christopher Slobogin
State Constitutional Law: Doing the Right Thing, Suzanna Sherry
State Criminal Appeals Revealed, Nancy J. King, Michael Heise, and Nicole A. Heise
State Enforcement of National Policy: A Contextual Approach (with Evidence from the Securities Realm), Amanda Rose
State Executive Lawmaking in Crisis, Jim Rossi
States Are People Too, Suzanna Sherry
Statutory Interpretation from the Inside--An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part I, Lisa Schultz Bressman and Abbe R. Gluck
Stranded Costs and Grid Decarbonization, Jim Rossi and Emily Hammond
Strange Bedfellows, Jeffrey Schoenblum
Stratified Juror Selection: Cross-Section by Design, Nancy J. King and G. Thomas Munsterman
Structural Laws and the Puzzle of Regulating Behavior, Edward K. Cheng
Subpoenas and Privacy, Christopher Slobogin
Sunstein1s and 2s, Tracey E. George and Paul H. Edelman
Superfund and Real Risks, W. Kip Viscusi
Supply and Demand: Barriers to a New Energy Future, Jim Rossi, Michael P. Vandenbergh, and J. B. Ruhl
Supreme Court Monitoring of the United States Courts of Appeals En Banc, Tracey E. George and Michael E. Solimine
Supreme Court's Rulings on Congressional Districts Could Benefit Minority Voters, Carol M. Swain
Survey Mode Effects on Valuation of Environmental Goods, W. Kip Viscusi
Sustainable Development: A Five-Dimensional Algorithm for Environmental Law, J.B. Ruhl
Sustaining Tiered Personhood: Jim Crow and Anti-Immigrant Laws, Karla M. McKanders
Symposium Epilog: Foreign Sovereign Immunity at Home and Abroad, Ingrid Wuerth
Symposium: International Legal Dimensions of Art and Cultural Property, Jeffrey Schoenblum
Symposium: The Disclosure Function of the Patent System, Sean B. Seymore
Symposium: The Rise of the International Trust, Jeffrey Schoenblum
Symposium: The Role of Federal Law in Private Wealth Transfer, Jeffrey Schoenblum
Taking Adaptive Management Seriously: A Case Study of the Endangered Species Act, J.B. Ruhl
Taming the Suburban Amoeba in the Ecosystem Age: Some Do's and Don'ts, J.B. Ruhl
Tarasoff as a Duty to Treat: Insights From Criminal Law, Christopher Slobogin
Teaching a Course on Regulation of the Police (With a Special Focus on the Sixth Amendment), Christopher Slobogin
Team Production in Business Organizations: An Introduction, Margaret M. Blair and Lynn A. Stout
Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards, Christopher Slobogin
Teen Smoking Behavior and the Regulatory Environment, Joni Hersch
Terms of Endearment and Articles of Impeachment, Christopher Slobogin and Charles W. Collier
Testilying: Police Perjury and What to Do About It, Christopher Slobogin
Textualism and Judgment, Suzanna Sherry
The 1909 Copyright Act in International Context, Daniel J. Gervais
The 200,000 Cards of Dimitri Yurasov: Further Reflections on Scholarship and Truth, Suzanna Sherry and Daniel A. Farber
The Alien Tort Statute and Federal Common Law: A New Approach, Ingrid Wuerth
The Allocation Problem in Multiple-Claimant Representations, Paul H. Edelman, Richard A. Nagareda, and Charles Silver
The American Criminal Jury, Nancy J. King
The Barking Dog, Suzanna Sherry
The Battle Over Endangered Species Act Methodology, J.B. Ruhl
The Benefits and Costs of Regulatory Reforms for Superfund, W. Kip Viscusi
The Benefits of Mortality Risk Reduction: Happiness Surveys vs. The Value of a Statistical Life, W. Kip Viscusi
The Blockbuster Punitive Damages Awards, W. Kip Viscusi
The Brave New Path of Energy Federalism, Jim Rossi
The Captures Clause, Ingrid Wuerth
The Carbon-Neutral Individual, Michael P. Vandenbergh and Anne C. Steinemann
The Case for a Market in Debt Governance, Yesha Yadav
The Case of the Black-Gloved Rapist: Defining the Public Defender's Role in the California Courts, 1913-1948, Sara Mayeux
The Case of the Speluncean Polluters: Six Themes of Environmental Law, Policy, and Ethics, J.B. Ruhl
The Cashless Corporate Tax, Herwig J. Schlunk
The Catastrophic Effects of Natural Disasters on Insurance Markets, W. Kip Viscusi
The Challenge of Punitive Damages Mathematics, W. Kip Viscusi
The Changing Landscape of Blockbuster Punitive Damages Awards, W. Kip Viscusi
The Changing Meaning of "Gift": An Analysis of the Tax Court's Decision in "Carson v. Commissioner", Jeffrey Schoenblum
The Civilization of the Criminal Law, Christopher Slobogin
The Classical Constitution and the Historical Constitution: Separated at Birth, Suzanna Sherry
The Commensurability Myth in Antitrust, Rebecca Haw Allensworth
The Complementarity Conundrum: Are We Watching Evolution or Evisceration?, Michael A. Newton
The Constitutional Foundations of Chenery, Kevin M. Stack
The Constitutionality of Jurisdiction-Stripping Legislation and the History of State Judicial Selection and Tenure, Brian T. Fitzpatrick
The Constitutionality of State and Local Laws Targeting Immigrants, Karla M. McKanders
The Constitutional Ratchet Effect, Kevin M. Stack
The Copy Process, Joseph P. Fishman
The Criminal Defense Lawyer's Fiduciary Duty to Clients With Mental Disability, Christopher Slobogin and Amy Mashburn
The Dangers of Deference: International Claim Settlement by the President, Ingrid Wuerth
The Death Penalty in Florida, Christopher Slobogin
The Denominator Blindness Effect: Accident Frequencies and the Misjudgment of Recklessness, W. Kip Viscusi
The Derivative Nature of Corporate Constitutional Rights, Margaret M. Blair
The Derivative Right, or Why Copyright Law Protects Foxes Better than Hedgehogs, Daniel J. Gervais
The Determinants of Shareholder Voting on Stock Option Plans, Randall S. Thomas and Kenneth J. Martin
The Determinants of the Disposition of Product Liability Claims and Compensation for Bodily Injury, W. Kip Viscusi
The Dimension of the Supreme Court, Paul H. Edelman
The Dimensions of the Product Liability Crisis, W. Kip Viscusi
The Divergence of Constitutional and Statutory Interpretation, Kevin M. Stack
The Dynamics and Determinants of the Decision to Grant En Banc Review, Tracey E. George
The Early Virginia Tradition of Extra-Textual Interpretation, Suzanna Sherry
The Economics of Home Production, Joni Hersch
The Economics of Post-September 11 Financial Aid to Airlines, Margaret M. Blair
The Effect of Shareholder Proposals on Executive Compensation, Randall Thomas and Kenneth J. Martin
The Effects of Race-Conscious Jury Selection on Public Confidence in the Fairness of Jury Proceedings: An Empirical Puzzle, Nancy J. King
The Elephant and the Four Blind Men: The Burger Court and its Federal Tax Decisions, Beverly I. Moran and Daniel M. Schneider
The Eleventh Amendment and Stare Decisis: Overruling Hans v. Louisiana, Suzanna Sherry
The Emotionally Intelligent Judge, Terry A. Maroney
The Enablement Pendulum Swings Back, Sean B. Seymore
The Endangered Species Act and Private Property: A Matter of Timing and Location, J.B. Ruhl
The Endangered Species Act's Fall from Grace in the Supreme Court, J.B. Ruhl
The End of Class Actions?, Brian T. Fitzpatrick
The End of Objector Blackmail?, Brian T. Fitzpatrick
The Essential Role of Courts for Supporting Innovation, Erin O'Connor
The Evolving Role of Institutional Investors in Corporate Governance and Corporate Litigation, Randall Thomas
The Exclusionary Rule: Is It on Its Way Out? Should It Be?, Christopher Slobogin
The Failure of Breast Cancer Informed Consent Statutes, Rachael Anderson-Watts
The False Promise of Adolescent Brain Science in Juvenile Justice, Terry A. Maroney
The False Promise of the "New" NonDelegation Doctrine, Jim Rossi and Mark Seidenfeld
The False Promise of the "New" Nondelegation Doctrine, Jim Rossi and Mark Seidenfeld
The Federal Court System: A Principal-Agent Perspective, Tracey E. George and Albert H. Yoon
The First Year of "Say on Pay" Under Dodd-Frank: An Empirical Analysis and Look Forward, Randall Thomas, James F. Cotter, and Alan R. Palmiter
The Fiscal Illusion Zombie, Christopher Serkin
The Forest and the Trees, Lisa Schultz Bressman
The Forgotten Victims, Suzanna Sherry
The Founders' Unwritten Constitution, Suzanna Sherry
The Four Pillars of Constitutional Doctrine, Suzanna Sherry
The Futility of Appeal: Disciplinary Insights into the "Affirmance Effect" on the United States Courts of Appeals, Tracey E. George and Chris Guthrie
The Futility of Appeal: Disciplinary Insights into the "Affirmance Effect" on the United States Courts of Appeals, Chris Guthrie and Tracey E. George
The Future of Agency Independence, Lisa Schultz Bressman and Robert B. Thompson
The Gender of Judges, Suzanna Sherry
The Ghost of Liberalism Past, Suzanna Sherry
The Globalization (Americanization?) of Executive Pay, Randall Thomas and Brian R. Cheffins
The Google Book Settlement and the TRIPS Agreement, Daniel J. Gervais
The Governmental Composition of the Insurance Costs of Smoking, W. Kip Viscusi
The Heterogeneity of the Value of Statistical Life: Introduction and Overview, W. Kip Viscusi
The "Hidden Judiciary": An Empirical Examination of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, and Andrew J. Wistrich
The Idea of "The Criminal Justice System", Sara Mayeux
The Ideological Consequences of Selection: A Nationwide Study of the Methods of Selecting Judges, Brian T. Fitzpatrick
The Impact of Environmental Liabilities on Privatization in Central and Eastern Europe: A Case Study of Poland, Randall Thomas
The Impact of Nonmarket Work on Market Wages, Joni Hersch
The Impact of the Impact Bias on Negotiation, Chris Guthrie and David Sally
The Increasing Role of Empirical Research in Corporate Law Scholarship, Randall Thomas
The Indeterminacy of Historical Evidence, Suzanna Sherry
The Inference from Authority to Interpretive Method in Constitutional and Statutory Domains, Kevin M. Stack
The Influence of the Areeda-Hovenkamp Treatise in the Lower Courts and What It Means for Institutional Reform in Antitrust, Rebecca Haw Allensworth
The Integrationist Alternative to the Insanity Defense: Reflections on the Exculpatory Scope of Mental Illness in the Wake of the Andrea Yates Trial, Christopher Slobogin
The Intellectual Origins of the Constitution: A Lawyers' Guide to Contemporary Historical Scholarship, Suzanna Sherry
The Internationalization of Intellectual Property: New Challenges from the Very Old and the Very New, Daniel J. Gervais
The Interpretive Dimension of Seminole Rock, Kevin M. Stack
The Invisible Revolution in Plea Bargaining: Managerial Judging and Judicial Participation in Negotiations, Nancy J. King and Ronald F. Wright
The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton
The Irony of Deregulatory Takings, Jim Rossi
The Irony of Deregulatory Takings, Jim Rossi
The Judges of the U.S. Judicial Panel on Multidistrict Litigation, Tracey E. George and Margaret S. Williams
The Jurisprudence and Politics of Forum-Selection Clauses, Erin O'Connor
The Landscape of Collective Management Schemes, Daniel J. Gervais
The Law and Large Numbers, Paul H. Edelman
The Law and Policy Beginnings of Ecosystem Services, J.B. Ruhl and James Salzman
The Law of War in the War Against Terrorism, Michael A. Newton
The Law Professor as Schizophrenic, Suzanna Sherry
The Lawyer's Philosophical Map and the Disputant's Perceptual Map: Impediments to Facilitative Mediation and Lawyering, Chris Guthrie
The Liberal Assault on the Fourth Amendment, Christopher Slobogin
The Limits of a National Renewable Portfolio Standard, Jim Rossi
The Lulling Effect: The Impact of Child-Resistant Packaging on Aspirin and Analgesic Ingestions, W. Kip Viscusi
The Market Value of Reducing Cancer Risk: Hedonic Housing Prices with Changing Information, W. Kip Viscusi
The Meaning of Value: Assessing Just Compensation for Regulatory Takings, Christopher Serkin
The Middle-Class Constitution: A Response, Ganesh Sitaraman
The Most Dangerous Justice Rides Again: Revisiting the Power Pageant of the Justices, Paul H. Edelman and Jim Chen
The Most Dangerous Justice Rides into the Sunset, Paul H. Edelman and Jim Chen
The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics, Paul H. Edelman and Jim Chen
The Multienforcer Approach to Securities Fraud Deterrence: A Critical Analysis, Amanda Rose
The Myth of the Condorcet Winner, Paul H. Edelman
The Myth of the Generalist Judge, Edward K. Cheng
The Myth of What is Inevitable Under Ecosystem Management: A Response to Pardy, J.B. Ruhl
The National Implications of Liability Reforms for General Liability and Medical Malpractice Insurance, W. Kip Viscusi
The New Antitrust Federalism, Rebecca Haw Allensworth
The New Frontier of State Constitutional Law, Jim Rossi and James A. Gardner
The New Labor Market for Lawyers: Will Female Lawyers Still Earn Less?, Joni Hersch
The New Look of Shareholder Litigation: Acquisition-Oriented Class Actions, Randall Thomas and Robert B. Thompson
The New Old Legal Realsim, Tracey E. George, Mitu Gulati, and Ann C. McGinley
The New Politics of New Property and the Takings Clause, Christopher Serkin
The New Role for Assurance Services in Global Commerce, Margaret M. Blair
The New Wal-Mart Effect: The Role of Private Contracting in Global Governance, Michael P. Vandenbergh
The Ninth Amendment: Righting an Unwritten Constitution, Suzanna Sherry
The Normalization of Foreign Relations Law, Ganesh Sitaraman and Ingrid Wuerth
The Null Patent, Sean B. Seymore
The One Percent Problem, Kevin M. Stack and Michael P. Vandenbergh
The Origins of Back-End Sentencing in California: A Dispatch from the Archives, Sara Mayeux
The Origins of Felony Jury Sentencing in the United States, Nancy J. King
The Pardy-Ruhl Dialogue on Ecosystem Management, Part IV: Narrowing and Sharpening the Questions, J.B. Ruhl
The Pariah Principle, Suzanna Sherry and Daniel A. Farber
The Performance of Liability Insurance in States with Different Products-Liability Statutes, W. Kip Viscusi
The Perils of Evidentiary Manipulation, Edward K. Cheng
The Permit Power Revisited, J.B. Ruhl and Eric Biber
The Persistent Cultural Script of Judicial Dispassion, Terry A. Maroney
The Plight of the Passive Past Owner: Defining the Limits of Superfund Liability, J.B. Ruhl
The Political Economy of Climate Change Winners, J.B. Ruhl
The Political Economy of Energy and Its Implications for Climate Change Legislation, Jim Rossi
The Politics of Merit Selection, Brian T. Fitzpatrick
The Populist Safeguards of Federalism, Robert A. Mikos
The Poverty Exception to the Fourth Amendment, Christopher Slobogin
The Practice of Dissent in the Supreme Court, Kevin M. Stack
The Presidential Memorandum on Mitigation, J.B. Ruhl
The President's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War, Ingrid Wuerth
The President's Statutory Powers to Administer the Laws, Kevin M. Stack
The Presumption of Patentability, Sean B. Seymore
The "Printed Publication" Bar After Klopfenstein: Has the Federal Circuit Changed the Way Professors Should Talk About Science?, Sean B. Seymore
The Private Life of Public Law, Michael P. Vandenbergh
The Problematic Case of Clearinghouses in Complex Markets, Yesha Yadav
The Production Function of the Regulatory State, J.B. Ruhl, Jonathan R. Nash, and James Salzman
The Protection of Databases, Daniel J. Gervais
The Public and Private Faces of Derivative Lawsuits, Randall S. Thomas and Robert B. Thompson
The Purpose of Copyright Law in Canada, Daniel J. Gervais
The Puzzle of State Constitutions, Jim Rossi
There are Plaintiffs and . . . There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements, Randall Thomas, James D. Cox, and Lynn Bai
The Reasonable Investor of Federal Securities Law, Amanda Rose
The Regulation of Inchoate Technologies, Daniel J. Gervais
The Regulation of Sovereign Wealth Funds: The Virtues of Going Slow, Amanda Rose and Richard A. Epstein
The Reviewability of the President's Statutory Powers, Kevin M. Stack
The Right to Voice Reprised, Christopher Slobogin
The Risks and Rewards of Criminal Activity: A Comprehensive Test of Criminal Deterrence, W. Kip Viscusi
The Road Less Taken: Annulment at the Turn of the Century, Chris Guthrie and Joanna Grossman
The Role of Courts in "Making" Law in Japan: The Communitarian Conservatism of Japanese Judges, John O. Haley
The Role of Law in Adaptive Governance, J.B. Ruhl, Barbara A. Cosens, Robin K. Craig, and Shana L. Hirsch
The Role of Legal Doctrine in the Decline of the Islamic Waqf: A Comparison with the Trust, Jeffrey Schoenblum
The Role of Mental Health Professionals in the Criminal Process: The Case for Informed Speculation, Christopher Slobogin and Bonnie J. Richard
The Rutabaga That Ate Pittsburgh: Federal Regulation of Free Release Biotechnology, Michael P. Vandenbergh
The Secret History of Race in the United States, Daniel J. Sharfstein
The Shaky Political Economy Foundation of a National Renewable Electricity Requirement, Jim Rossi
The Shifting Tides of Merger Litigation, Randall Thomas and Harwell Wells
The Sleep of Reason, Suzanna Sherry
The Social Costs of Punitive Damages Against Corporations in Environmental and Safety Torts, W. Kip Viscusi
The Social Meaning of Environmental Command and Control, Michael P. Vandenbergh
The Specter of Sisyphus: Re-Making International Financial Regulation After the Global Financial Crisis, Yesha Yadav
The Statutory President, Kevin M. Stack
The Structure and Enforcement of Job Safety Regulation, W. Kip Viscusi
The Structure of Expertise in Criminal Cases, Christopher Slobogin
The Struggle Against Hate Crime: Movement at a Crossroads, Terry A. Maroney
The Substantially Impaired Sex, Jennifer B. Shinall
The Tangled Web of UGC: Making Copyright Sense of User-Generated Content, Daniel J. Gervais
The Teaching Function of Patents, Sean B. Seymore
"The Threes": Re-Imaging Supreme Court Decisionmaking, Tracey E. George and Chris Guthrie
"The Threes": Re-Imaging Supreme Court Decisionmaking, Chris Guthrie and Tracey E. George
The Trojan Horse of Electric Power Transmission Line Siting Authority, Jim Rossi
The Unmaking of a Precedent, Suzanna Sherry
The Unspoken Voices of Indigenous Women in Immigration Raids, Karla M. McKanders
The Use and Abuse of Foreign Law in Constitutional Interpretation, Ganesh Sitaraman
The Use and Misuse of Econometric Evidence in Employment Discrimination Cases, Joni Hersch and Blair Druhan Bullock
The Value of Life in Legal Contexts: Survey and Critique, W. Kip Viscusi
The Wisconsin Diploma Privilege: Try It, You'll Like It, Beverly I. Moran
The Zen of Corporate Capital Structure Neutrality, Herwig J. Schlunk
Thinking of Mediation As a Complex Adaptive System, J.B. Ruhl
Three Questions for Agriculture About the Environment, J.B. Ruhl
Through the Lens of the Sequence, Ellen Wright Clayton
Timing Matters: Promoting Forum Shopping by Insolvent Corporations, Randall Thomas and Robert K. Rasmussen
Too Clever By Half: The Problem with Novelty in Constitutional Law, Suzanna Sherry
To Transfer or Not to Transfer: Identifying and Protecting Relevant Human Rights Interests in Non-Refoulement, Vijay Padmanabhan
Toward a Common Law of Ecosystem Services, J.B. Ruhl
Towards a New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
Toward Taping, Christopher Slobogin
Toxic Tort Remedies: The Case Against the "Superduper Fund" and Other Reform Prososals, J.B. Ruhl
Traditional Knowledge & Intellectual Property: A TRIPS-Compatible Approach, Daniel J. Gervais
Transaction Surveillance by the Government, Christopher Slobogin
Transforming (perceived) Rigidity in Environmental Law Through Adaptive Governance, J.B. Ruhl, Hannah Gosnell, Brian C. Chaffin, and Craig A. Arnold
Translating the Values of Clinical Pedagogy Across Generations, Alistair E. Newbern
Transmissions of Music on the Internet: An Analysis of the Copyright Laws of Canada, France, Germany, Japan, the United Kingdom, and the United States, Daniel J. Gervais
Transnationalizing Public Law, Ingrid Wuerth
Trapped by a Paradox: Speculations on Why Female Law Professors Find it Hard to Fit into Law School Cultures, Beverly I. Moran
Treating Juveniles Like Juveniles: Getting Rid of Transfer and Expanded Adult Court Jurisdiction, Christopher Slobogin
Treating Kids Right, Christopher Slobogin
Treatment of the Mentally Disabled: Rethinking the Community-First Idea, Christopher Slobogin
Trust, Trustworthiness, and the Behavioral Foundations of Corporate Law, Margaret M. Blair and Lynn A. Stout
Two Hundred Years Ago Today, Suzanna Sherry
Twombly and Iqbal Reconsidered, Brian T. Fitzpatrick
Understanding Settlement in Damages (and Beyond), Chris Guthrie
Unforgiving of Those Who Trespass Against U.S.: State Laws Criminalizing Immigration, Karla M. McKanders
Unfulfilled Promises, Jennifer B. Shinall
Uninformative Patents, Sean B. Seymore
United States' Trade Policy and the Exportation of United States' Culture, Beverly I. Moran
Universal Service in Competitive Retail Electric Power Markets: Whither the Duty to Serve?, Jim Rossi
Unlearning Fear of Out-Group Others, Terry A. Maroney
U.S. Conflict of Laws Involving International Estates and Marital Property: A Critical Analysis of "Estate of Charania v. Shulman", Jeffrey Schoenblum
Using and Misusing History, Suzanna Sherry
Using Bargaining for Advantage in Law School Negotiation Courses, Chris Guthrie
Using Criminal Punishment to Serve Both Victim and Social Needs, Erin O'Connor
Using State Inspection Statutes for Discovery in Federal Securities Fraud Actions, Randall Thomas, Kenneth J. Martin, and Erin O'Connor
Using Warnings to Extend the Boundaries of Consumer Sovereignty, W. Kip Viscusi
Utility Functions that Depend on Health Status: Estimates and Economic Implications, W. Kip Viscusi
Victim Participation in the Criminal Process, Erin O'Connor
Wading Through the Muddle of Risk-Utility Analysis, W. Kip Viscusi
Waging War: Japan's Constitutional Constraints, John O. Haley
Waivers, Flexibility, and Reviewability, Jim Rossi
Warning: Labeling Constitutions May Be Hazardous to Your Regime, Suzanna Sherry
Wealth Effects and Earnings Premiums for Job Hazards, W. Kip Viscusi
Welcome to Hazelton - Illegal Immigrants Beware, Karla M. McKanders
Welcome to the Funhouse: The Incredible Maze of Modern Divorce Taxation, Beverly I. Moran
What Are We Comparing in Comparative Negligence?, Paul H. Edelman
What Atkins Could Mean for People with Mental Illness, Christopher Slobogin
What Gideon Did, Sara Mayeux
What is Corporate Law's Place in Promoting Societal Welfare?: An Essay in Honor of Professor William Klein, Randall Thomas
What is the Essential Fourth Amendment?, Christopher Slobogin
What Juries Can't Do Well: The Jury's Performance as a Risk Manager, W. Kip Viscusi
What Should We Do About Multijurisdictional Litigation in M&A Deals?, Randall Thomas
What's Law Got to Do With It?, Suzanna Sherry
When 10 Trials are Better than 1000: An Evidentiary Perspective on Trial Sampling, Edward K. Cheng
When Process Affects Punishment: Differences in Sentences After Guilty Plea, Bench Trial, and Jury Trial in Five Guidelines States, Nancy J. King, David A. Soule, Sara Steen, and Robert R. Weidner
Whither the Race? A Comment on the Effects of the Delawarization of Corporate Reorganizations, Randall Thomas and Robert K. Rasmussen
Who Needs Congress? An Agenda for Administrative Reform of the Endangered Species Act, J.B. Ruhl
Why Choose? A Response to Rachlinski, Wistrich & Guthrie, Terry A. Maroney
Why Crime Severity Analysis is Not Reasonable, Christopher Slobogin
Why Criminal Culpability Should Follow the Critical Path: Reframing the Theory of "Effective Control", Michael A. Newton and Casey Kuhlman
Why Every State Should Have an Income Tax (and a Retail Sales Tax, Too), Herwig J. Schlunk
Why Liberals Should Chuck the Exclusionary Rule, Christopher Slobogin
Why There is No Defense of Punitive Damages, W. Kip Viscusi
Will Quants Rule the (Legal) World?, Edward K. Cheng
Without Virtue There Can Be No Liberty, Suzanna Sherry
Women's Rights Litigation in the 1980s: More of the Same?, Tracey E. George and Lee Epstein
Women's Virtue, Suzanna Sherry
Worker Learning and Compensating Differentials, W. Kip Viscusi
Workers' Compensation and Injury Duration: Evidence from a Natural Experiment, W. Kip Viscusi
Workers' Compensation: Wage Effects, Benefit Inadequacies, and the Value of Health Losses, W. Kip Viscusi
Working Both (Positivist) Ends Toward a New (Pragmatist) Middle in Environmental Law, J.B. Ruhl
World Without a Fourth Amendment, Christopher Slobogin
Wrong, Out of Step, and Pernicious: Erie as the Worst Decision of All Time, Suzanna Sherry