Content Posted in 2019
2007 Symposium on the Future of Legal Education, Nicholas S. Zeppos
A Blueprint for a New American Trade Policy, Timothy Meyer and Ganesh Sitaraman
A Case for Another Case Method, Todd D. Rakoff and Martha Minow
Access to Justice, Rationality, and Personal Jurisdiction, Adam N. Steinman
Accidental Torts, Thomas C. Grey
Accommodating Technological Innovation: Identity, Genetic Testing and the Internet, Gaia Bernstein
"Accommodations" for the Learning Disabled: A Level Playing Field or Affirmative Action for Elites?, Craig S. Lerner
A Cheese by Any Other Name: A Palatable Compromise to the Conflict over Geographical Indications, Ivy Doster
A Comparative Discussion of Who Pays for Document Discovery in Australia, Canada, Guernsey (Channel Islands), and Singapore and its Effect on Access to Justice, Gordon McKee, Anne Glover, and Francis Rouleau
A Damn Hard Thing to Do, John H. Schlegel
A Darwinist View of the Living Constitution, Scott Dodson
A Distinction Without a Difference: Convergence in Claim Construction Standards, Laura E. Dolbow
Adjudicating Death: Professionals or Politicians?, Stephen J. Choi and Mitu Gulati
Administering Marriage: Marriage-Based Entitlements, Bureaucracy, and the Legal Construction of the Family, Kristin A. Collins
Administrative Law's Political Dynamics, Kent Barnett, Christina L. Boyd, and Christopher J. Walker
Adminization: Gatekeeping Consumer Contracts, Yonathan A. Arbel
Admitting Guild by Professing Innocence: When Sentence Enhancements Bases on "Alford" Pleas Are Unconstitutional, Anne D. Gooch
A Fresh Look at Director "Independence": Mutual Fund Fee Litigation and "Gartenberg" at Twenty-Five, Lyman Johnson
A Fresh Look at State Asset Protection Trust Statutes, Ronald J. Mann
After GINA, NINA? Neuroscience-Based Discrimination in the Workplace, Stephanie A. Kostiuk
Against Proportional Punishment, Adam J. Kolber
Against Settlement of (Some) Patent Cases, Megan M. La Belle
A Gap in the Affordable Care Act: Will Tax Credits Be Available for Insurance Purchased Through Federal Exchanges?, Amy E. Sanders
Agencies' Obligation to Interpret the Statute, Aaron Saiger
Agency to Make Representations, Merton Ferson
Agents in Secrecy: The Use of Information Surrogates in Trust Administration, Lauren Z. Curry
Aggregate Litigation Across the Atlantic and the Future of American Exceptionalism, Richard A. Nagareda
Aging Injunctions and the Legacy of Institutional Reform Litigation, Jason Parkin
A Laboratory of Regulation: the Untapped Potential of the HHS Advisory Opinion Power, Christopher J. Climo
A Lawyer's Lament: Law Schools and the "Profession" of Law, Wayne S. Hyatt
Aligning Incentives and Cost Allocation in Discovery, Jonathan R. Nash and Joanna Shepherd
American Business and Risk Capital, Emil Schram
A More Intelligent and Just "Atkins:" Adjusting for the Flynn Effect in Capital Determinations of Mental Retardation or Intellectual Disability, Geraldine W. Young
Analyze This: A Law and Economics Agenda for the Patent System, Rebecca S. Eisenberg
An American Tragedy: E-Books, Licenses, and the End of Public Lending Libraries?, Matthew Chiarizio
An Arrow to the Heart: the Love and Death of Postmodern Legal Scholarship, Stephen M. Feldman
An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants, Randall S. Thomas, Norman D. Bishara, and Kenneth J. Martin
An Empirical Investigation into Appellate Structure and the Perceived Quality of Appellate Review, Jonathan R. Nash and Rafael I. Pardo
An Equality Paradign for Preventing Genetic Discrimination, Anita Silvers and Michael A. Stein
An Examination of the Tennessee Law of Administrative Procedure, George Street Boone
An Executive-Power Non-Delegation Doctrine for the Private Administration of Federal Law, Dina Mishra
Angry Judges, Terry A. Maroney
A Note on Samuel Pufendorf, Anton-Hermann Chroust
Another Can of "Crawford" Worms: Certificates of Nonexistence of Public Record and the Confrontation Clause, Keith Hollingshead-Cook
Antitrust in Digital Markets, John M. Newman
Antitrust Scrutiny for the Occupations: "North Carolina Dental" and Its Impact on U.S. Licensing Boards, Rebecca Haw Allensworth
An Unhurried View of Private Ordering in Information Transactions, Yochai Benkler
Anything Goes: Examining the State's Interest in Protecting Children from Controversial Speech, Catherine J. Ross
A Plan for Reforming Federal Pleading, Discovery, and Pretrial Merits Review, David Rosenberg, Anne Brown, Jaehyun Oh, and Benjamin Taylor
Appellate Courts, Historical Facts, and the Civil-Criminal Distinction, Chad M. Oldfather
Application of the New "Proportionality" Discovery Rule in Class Actions: Much Ado About Nothing, Robert H. Klonoff
A Pragmatic Approach to Improving Tort Law, Catharine P. Wells
A Prescription to Retire the Rhetoric of "Principles-Based Systems" in Corporate Law, Securities Regulation, and Accounting, Lawrence A. Cunningham
A Proposal to End Discovery Abuse, Alexandra D. Lahav
A Proposal to Strengthen Juvenile Miranda Rights: Requiring Parental Presence in Custodial Interrogations, Robert E. McGuire
Arbitration and Article III, Peter B. Rutledge
Arbitration Clauses in CEO Employment Contracts: An Empirical and Theoretical Analysis, Randall Thomas, Erin O'Hara, and Kenneth Martin
Arbitration Costs and Contingent Fee Contracts, Christopher R. Drahozal
Are an Empty Head and a Pure Heart Enough? Mens Rea Standards for Judge-Imposed Rule 11 Sanctions and Their Effect on Attorney Action, Sybil L. Dunlop
A Regulatory Design for Monetary Stability, Morgan Ricks
A Regulatory Theory of Legal Claims, Maria J. Glover
Arrow's Theorem and the Exclusive Shareholder Franchise, Grant Hayden and Matthew Bodie
A Search for the Best IDEA: Balancing the Conflicting Provisions of the Individuals With Disabilities Education Act, Joshua A. Wolfe
Assessing the Risk of Executing the Innocent: A Case for Allowing Access to Physical Evidence for Posthumous DNA Testing, Anne-Marie Moyes
Assisted Suicide, Morality, and Law: Why Prohibiting Assisted Suicide Violates the Establishment Clause, Edward Rubin
Assisting Minors Seeking Abortions in Judicial Bypass Proceedings: A Guardian ad Litem Is No Substitute for an Attorney, Elizabeth S. Graybill
A Structural Approach as Antidiscrimination Mandate: Locating Employer Wrong, Tristin K. Green
A Tale of Two Jurisdictions, Alan M. Trammell
A Team Production Theory of Bankruptcy Reorganization, Lynn M. LoPucki
A Theory of Differential Punishment, Jack Boeglin and Zachary Shapiro
A Theory of Expressive International Law, Alex Geisinger and Michael A. Stein
A Tribute to Justice Scalia: Why Bad Cases Make Bad Methodology, Brian T. Fitzpatrick
Attorneys, Accountants, and Bankers, Oh My! Primary Liability for Secondary Actors in the Wake of "Stoneridge", Robert J. Grubb
Auditing the PCAOB: A Test to the Accountability of the Uniquely Structured Regulator of Accountants, Michael A. Thomason, Jr.
A Unified Theory of 28 U.S.C. § 1331 Jurisdiction, Lumen N. Mulligan
A Uniform System for the Enforceability of Forum Selection Clauses in Federal Courts, Ryan T. Holt
Avoiding Impotence: Rethinking the Standards for Applying State Antitrust Laws to Interstate Commerce, David W. Lamb
Bankruptcy, Just for the Rich? An Analysis of Popular Fee Arrangements For Pre-petition Legal Fees and a Call to Amend, Kerry H. Ducey
Bankrupted Slaves, Rafael I. Pardo
Baptizing O'Brien: Towards Intermediate Protection of Religiously Motivated Expressive Conduct, Daniel J. Hay
Bargaining Theory and Regulatory Reform: The Political Logic of Inefficient Regulation, David B. Spence and Lekha Gopalakrishnan
Barring Too Much: An Argument in Favor of Interpreting the Immigration and Nationality Act Section 101(a)(42) to Include a Duress Exception, Nicole Lerescu
Be a Liar or You're Fired! First Amendment Protection for Public Employees Who Object to Their Employer's Criminal Demands, Keane A. Barger
Behavioral Genetics and Crime, In Context, Owen D. Jones
Bespoke Discovery, Jessica Erickson
Between a Rock and a Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, and Housing Discrimination, Rigel C. Oliveri
Beyond Counting Votes: The Political Economy of Bush v. Gore, Michael Abramowicz and Maxwell L. Stearns
Beyond the Witness: Bringing a Process Perspective, Edward K. Cheng and G. Alexander Nunn
Beyond Unconscionability: Class Action Waivers and Mandatory Arbitration Agreements, J. Maria Glover
Beyond "Unlimiting" Shareholder Liability: Vicarious Tort Liability for Corporate Officers, Timothy P. Glynn
Big Tobacco, Medicaid-Covered Smokers, and the Substance of the Master Settlement Agreement, Gregory W. Traylor
Blowing Hot Air: An Analysis of State Involvement in Greenhouse Gas Litigation, Caroline Cecot
Boilerplate and the Impact of Disclosure in Securities Dealmaking, Jeremy McClane
Bond, Buckley, and the Boundaries of Separation of Powers Standing, William Marks
Book Reviews, Journal Staff
Borders and Bits, Jennifer Daskal
"Brady" Obligations, Criminal Sanctions, and Solutions in a New Era of Scrutiny, Andrew Smith
Brain Imaging for Legal Thinkers: A Guide for the Perplexed, Owen D. Jones, Joshua W. Buckholtz, Jeffrey D. Schall, and Rene Marois
Brain Scans as Evidence: Truths, Proofs, Lies, and Lessons, Owen D. Jones and Francis X. Shen
Breaching the Mortgage Contract: The Behavioral Economics of Strategic Default, Tess Wilkinson-Ryan
Breach Is For Suckers, Tess Wilkinson-Ryan and David A. Hoffman
Bringing It All Back Home: Establishing a Coherent Constitutional Framework for the Re-regulation of Homeschooling, Timothy B. Waddell
Brown, the Civil Rights Movement, and the Silent Litigation Revolution, Stephen C. Yeazell
Bruton on Balance: Standardizing Redacted Codefendant Confessions Through Federal Rule of Evidence 403, Margaret Dodson
Buchanan and the Right to Acquire Property, James W. Ely Jr.
Bucking the Trend: The Unsupportability of Index Providers' Imposition of Licensing Fees for Unlisted Trading of Exchange Traded Funds, Peter N. Hall
Building-Related Renewable Energy and the Case of 360 State Street, Sara C. Bronin
Bushrod Washington, Bushrod Washington
Business Litigation and Cyberspace: Will Cyber Courts Prove an Effective Tool for Luring High-Tech Business into Forum States?, Jacob A. Sommer
Can a Court Change the Law by Saying Nothing?, Paul R. Gugliuzza and Mark A. Lemley
Can and Should Universal Injunctions Be Saved?, Szymon S. Barnas
Can Law Survive Legal Education?, Ernest J. Weinrib
Canons of Construction and the Elusive Quest for Neutral Reasoning, James J. Brudney and Corey Ditslear
Can the Market Evaluate Legal Regimes? A Response to Professors Rasmussen, Thomas, and Skeel, Lynn M. LoPucki
Can We Regulate Our Way to Energy Efficiency? Product Standards as Climate Policy, Noah M. Sachs
Cases Noted, Journal Staff
Cases Noted, Journal Note
Catastrophic Oil Spills and the Problem of Insurance, Kenneth S. Abraham
Causal Responsibility and Patent Infringement, Dmitry Karshtedt
Causing Infringement, Mark Bartholonew and Patrick F. McArdle
Certifying Mandatory Punitive Damages Classes in a Post-Ortiz and State Farm World, Aileen L. Nagy
Changing the Rules of Establishment Clause Litigation: An Alternative to the Public Expression of Religion Act, Christopher D. Tomlinson
"Charitable Choice" and the Accountability Challenge: Reconciling the Need for Regulation with the First Amendment Religion Clauses, Michele E. Gilman
Cheating the Constitution, Pamela R. Metzger
Chicago Man, K-T Man, and the Future of Behavioral Law and Economics, Robert A. Prentice
Chief Judges: The Limits of Attitudinal Theory and Possible Paradox of Managerial Judging, Tracey E. George and Albert H. Yoon
Citation and Representation, Alex Glashausser
Civil Aiding and Abetting Liability, Nathan I. Combs
Cleaning Up Punitive Damages: A Statutory Solution for Unguided Punitive-Damages Awards in Maritime Cases, Richard A. Chastain
Coastal Wetland Restoration and the "Deepwater Horizon" Oil Spill, Edward B. Barbier
Collaborative Research: Conflicts on Authorship, Ownership, and Accountability, Rochelle C. Dreyfuss
Combatant Status Review Tribunals and the Unique Nature of the War on Terror, Robert A. Peal
Combating the Enemy Within: Regulating Employee Misappropriation of Business Information, Danielle J. Reid
Commandeering and Its Alternatives: A Federalism Perspective, Neil S. Siegel
Comment on "Lessons From Studying the International Economics of Intellectual Property Rights", Paul Goldstein
Commercial Speech and the Unconstitutional Conditions Doctrine: A Second Look at "The Greater Includes the Lesser", Mitchell N. Berman
Committee Capture? An Empirical Analysis of the Role of Creditors' Committees in Business Reorganizations, Michelle M. Harner and Jamie Marincic
Common Agency and the Public Corporation, Paul Rose
Common Sense: Rethinking the New Common Rule's Week Protections for Human Subjects, Ashin Azim
Comparative Fault to the Limits, Ellen M. Bublick
Comparing CEO Employment Contract Provisions: Differences Between Australia and the United States, Jennifer G. Hill, Ronald W. Masulis, and Randall S. Thomas
Competing for the People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys
Consenting to Adjudication Outside the Article III Courts, F. Andrew Hessick
Constitutional Cacophony: Federal Circuit Splits and the Fourth Amendment, Wayne A. Logan
Constitutional Evidence Law, Alex Stein
Constitutional Issues Raised by States' Exclusion of Fertility Drugs from Medicaid Coverage in Light of Mandated Coverage of Viagra, Erin L. Connolly
Constitutionality of Additional Assessments Necessitated by the Delinquency of Some Land Owners in a Special Assessment District, Thomas A. Thomas
Constitutionality of Cyberbullying Laws: Keeping the Online Playground Safe for Both Teens and Free Speech, Alison V. King
Constitutionality of the Proposed Regional Plan for Professional Education of the Southern Negro, Clyde L. Ball
Constitutionalizing Corporate Law, Elizabeth Pollman
Constitutional Limitations on Punitive Damages: Ambiguous Effects and Inconsistent Justifications, Benjamin J. McMichael
Constructing Alternative Avenues of Jurisdictional Protection: Bypassing Burnham's Roadblock Via § 1404(a), Phillip F. Cramer
Constructing Alternative Avenues of Jurisdictional Protection: Bypassing Burnham's Roadblock Via § 1404(a), Phillip F. Cramer
Consumer Bankruptcy, Nondischargeability, and Penal Debt, Abbye Atkinson
Containing Online Copyright Infringement: Use of the Digital Millennium Copyright Act's Foreign Site Provision to Block U.S. Access to Infringing Foreign Websites, Todd R. Hambidge
Contextualizing Patent Disclosure, Colleen V. Chien
Contingent Fee Litigation in New York City, Eric Helland, Daniel Klerman, Brendan Dowling, and Alexander Kappner
Contract as Commodified Promise, Erik Encarnacion
Contractual Choice of Law and the Prudential Foundations of Appellate Review, David Frisch
Cooperative Interbranch Federalism: Certification of State-Law Questions by Federal Agencies, Verity Winship
Copyright and Democracy: A Cautionary Note, Christopher S. Yoo
Copyright and the Perfect Curve, Julie E. Cohen
Copyright "Deja Vu": A New Definition of "Publication" Under the Copyright Act of 1909, W. Russell Taber
Copyright Freeconomics, John M. Newman
Copyright in an Era of Information Overload: Toward the Privileging of Categorizers, Frank Pasquale
Copyright Infringement and Poetry: When is a Red Wheelbarrow THE RED WHEELBARROW?, Jennifer Understahl
Corporate Governance Reform and Reemergence from Bankruptcy: Putting the Structure Back in Restructuring, Charles M. Elson, Paul M. Helms, and James R. Moncus
Corporate Ownership Structure and the Evolution of Bankruptcy Law: Lessons from the United Kingdom, John Armour; Brian R. Cheffins; and David A. Skeel, Jr.
Corporate Voting, Robert B. Thompson and Paul H. Edelman
Corporate Voting and the Takeover Debate, Paul H. Edelman and Randall S. Thomas
Corrective Justice in Contract Law: Is There a Case for Punitive Damages?, Curtis Bridgeman
Corruption of a Term: The Problematic Nature of 18 U.S.C. §1512(c), the New Federal Obstruction of Justice Provision, Daniel A. Shtob
Cost-Benefit Analysis and the Negligence Standard, Stephen R. Perry
Costly Intellectual Property, David Fagundes and Jonathan S. Masur
Countering Nationalist Oligarchy, Ganesh Sitaraman
Credit Cards and Debit Cards in the United States and Japan, Ronald J. Mann
Criminal asset Forfeiture and the Sixth Amendment After "Southern Union" and "Alleyne:" State-Level Ramifications, Brynn Applebaum
Cruel, Mean, or Lavish? Economic Analysis, Price Discrimination and Digital Intellectual Property, James Boyle
Curb Your Enthusiasm for Pigovian Taxes, Victor Fleischer
Damaged Goods: Why, In Light of the Supreme Court's Recent Punitive Damages Jurisprudence, Congress Must Amend the Federal Rules of Evidence, Michael S. Vitale
Darwin, Design, and Disestablishment: Teaching the Evolution Controversy in Public Schools, Jay D. Wexler
David Williams II, "In Memoriam" 1948-2019, Nicholas S. Zeppos
Decoding Guilty Minds: How Jurors Attribute Knowledge and Guilt, Owen D. Jones, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, and Kenneth W. Simons
Decoding Guilty Minds: How Jurors Attribute Knowledge and Guilt, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Owen D. Jones, and Kenneth W. Simons
Deepwater Drilling: Law, Policy, and Economics of Firm Organization and Safety, Mark A. Cohen, Madeline Gottlieb, Joshua Linn, and Nathan Richardson
Deepwater Drilling: Law, Policy, and Economics of Firm Organization and Safety, Mark A. Cohen
Defining Freedom of the College Press After "Hosty v. Carter", Jessica B. Lyons
"Delaware is Not a State": Are We Witnessing Jurisdictional Competition in Bankruptcy?, Marcus Cole
Delegating Supremacy?, David S. Rubenstein
Delimiting Title VII: Reverse Religious Discrimination and Proxy Claims in Employment Discrimination Litigation, Andrea J. Sinclair
Democracy and Dysfunction: Rural Electric Cooperatives and the Surprising Persistence of the Separation of Ownership and Control, Randall S. Thomas, Debra C. Jeter, and Harwell Wells
Democracy and Opportunity: A New Paradigm in Tax Equity, James R. Repetti
Desperate Times Call for Desperate Measures: States Lead Misguided Offensive to Enforce Sales Tax Against Online Retailers, Ricky Hutchens
Destructive Federal Preemption of State Wealth Transfer Law in Beneficiary Designation Cases: Hillman Doubles Down on Egelhoff, John H. Langbein
Deterring and Compensating Oil-Spill Catastrophes: The Need for Strict and Two-Tier Liability, W. Kip Viscusi and Richard J. Zeckhauser
Disclaimers and Federalism, Adam J. Hirsch
Disclosing Designs, Jason Du Mont and Mark D. Janis
Disclosing Prosecutorial Misconduct, Jason Kreag
Discovery and the Social Benefits of Private Litigation, Paul Stancil
Discovery Cost Allocation, Due Process, and the Constitution's Role in Civil Litigation, Martin H. Redish
Discovery Disclosure and Deterrence, Sergio J. Campos and Cheng Li
Dishonest Medical Mistakes, Maxwell J. Mehlman
Does Agency Funding Affect Decisionmaking?: An Empirical Assessment of the PTO, Michael D. Frakes and Melissa F. Wasserman
Does Copyright Law Promote Creativity? An Empirical Analysis of Copyright's Bounty, Raymond S. Ray, Jiayang Sun, and Yiying Fan
"Does That Sound Familiar?": Creators' Liability for Unconscious Copyright Infringement, Christopher B. Jaeger
Doing Good, Doing Well, Howard M. Erichson
Donor Standing to Enforce Charitable Gifts: Civil Society vs. Donor Empowerment, Iris J. Goodwin
Do Your Job: Judicial Review of Occupational Licensing in the Face of Economic Protectionism, Nicole A. Weeks
Drug Treatment Courts and Emergent Experimentalist Government, Michael C. Dorf and Charles F. Sabel
Dual Standards for Third-Party Intervenors: Distinguishing Between Public-Law and Private-Law Intervention, Justin P. Gunter
Duties to Subjects in Clinical Research, Carl H. Coleman
Duty in the Litigation-Investment Agreement: The Choice Between Tort and Contract Norms when the Deal Breaks Down, Anthony J. Sebok and W. Bradley Wendel
Duty Rules, David Owen
Dynamic Patent Disclosure, Jeanne C. Fromer
Economics, Behavioral Biology, and Law, Owen D. Jones, Erin O'Hara O'Connor, and Jeffrey Evans Stake
Economics, Politics, and the International Principles for Sound Compensation Practices: An Analysis of Executive Pay at European banks, Guido Ferrarini and Maria C. Ungureanu
Efficiency Run Amok: Challenging the Authority of Magistrate Judges to Hear and Accept Felony Guilty Pleas, Tomi Mendel
Electronic Impulses, Digital Signals, and Federal Jurisdiction: Congress's Commerce Clause Power in the Twenty-First Century, Ryan K. Stumphauzer
Elementary and Persistent Errors in the Economic Analysis of Intellectual Property, Edmund W. Kitch
Emotional Common Sense as Constitutional Law, Terry A. Maroney
Empowering Shareholders, or Overburdening Companies? Analyzing the Potential Use of Instant Runoff Voting in Corporate Elections, G. Scott Edwards
Endowment Effects in Chimpanzees, Owen D. Jones, Sarah F. Brosnan, Susan P. Lambeth, Mary Catherine Mareno, Amanda S. Richardson, and Steven Schapiro
Energy Exactions, Jim Rossi and Christopher Serkin
Enforcement Discretion and Executive Duty, Zachary S. Price
Engaging Policy in Science Writing: Patterns and Strategies, J. B. Ruhl, Stephen M. Posner, and Taylor H. Ricketts
Enjoining Abuse: The Case for Indefinite Domestic Violence Protection Orders, Jane K. Stoever
Enlarging the Administrative Polity: Administrative Law and the Changing Definition of Pluralism, 1945-1970, Reuel E. Schiller
Environmental Law and Fossil Fuels: Barriers to Renewable Energy, Uma Outka
Environmental Protection Requires More Than Social Resilience, Michael P. Vandenbergh
Equitable Estoppel and the Compulsion of Arbitration, Alexandra A. Hui
Erie and Federal Criminal Courts, Wayne A. Logan
Escaping the Takings Maze: Impact Fees and the Limits of the Takings Clause, Charles T. Switzer
Essential Elements, Nancy J. King and Susan R. Klein
Evaluating Norms: An Empirical Analysis of the Relationship between Norm-Content, Operator, and Charitable Behavior, Brian Sheppard and Fiery Cushman
Evolution and the Expression of Biases: Situational Value Changes the Endowment Effect in Chimpanzees, Owen D. Jones, Sarah F. Brosnan, Molly Gardner, Susan P. Lambeth, and Steven J. Schapiro
Evolutionary Analysis in Law: An Introduction and Application to Child Abuse, Owen D. Jones
Evolutionary Analysis in Law: Some Objections Considered, Owen D. Jones
Evolving Executive Equity Compensation and the Limits of Optimal Contracting, David I. Walker
Ex Ante Choices of Law and Forum: An Empirical Analysis of Corporate Merger Agreements, Theodore Eisenberg and Geoffrey Miller
Executive Compensation Consultants and CEO Pay, Martin J. Conyon
Expedited Injustice: The Problems Regarding the Current Law of Expedited Removal of Aggravated Felons, Andrew D. Kennedy
Explaining the International CEO Pay Gap: Board Capture or Market Driven?, Randall S. Thomas
Explicit Bias, Jessica A. Clarke
Exploring the Interfaces Between Big Data and Intellectual Property Law, Daniel J. Gervais
Extinguishing the Firewall: Addressing the Jurisdictional Challenges to Bringing the Cyber Tort Suits against Foreign Sovereigns, Samantha N. Sergent
Extralegal Punishment Factors: A Study of Forgiveness, Hardship, Good Deeds, Apology, Remorse, and Other Such Discretionary Factors in Assessing Criminal Punishment, Paul H. Robinson, Sean E. Jackowitz, and Daniel M. Bartels
Eyewitnesses and Exclusion, Brandon L. Garrett
Facilitating Wage Theft: How Courts Use Procedural Rules to Undermine Substantive Rights of Low-Wage Workers, Nantiya Ruan
Falsely Shouting Fire in a Global Theater: Emerging Complexities of Transborder Expression, Timothy Zick
Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict Scrutiny in the Federal Courts, Adam Winkler
Fearing Fear Itself: Photo Identification Laws, Fear of Fraud, and the Fundamental Right to Vote, Joel A. Heller
Federal Court Authority to Regulate Lawyers: A Practice in Search of a Theory of a, Fred C. Zacharias and Bruce A. Green
Federalism and Drug Control, Michael M. O'Hear
Federalization of the Law of Charity, Mark L. Ascher
Federalizing Education by Waiver?, Derek W. Black
Federalizing Principles of Donative Intent and Unanticipated Circumstances, Reid K. Weisbord
Federal Law of Search and Seizure as an Incident to Lawful Arrest in the Light of the Case of Harris v. United States, C.D. Berry and N.C. Frost
Federal Regulation and State Gambling Laws, Walter H. Moses
Federal Regulation of Third-Party Litigation Finance, Austin T. Popp
Federal Visions of Private Family Support, Laura A. Rosenbury
Feds 200, Indians ): the Burden of Proof in the Federal / Indian Fiduciary Relationship, Eugenia A. Phipps
Fee Shifting and the Free Market, Jonathan T. Molot
Felony Jury Sentencing in Practice: A Three-State study, Nancy J. King and Rosevelt L. Noble
Fetal Surgery and Wrongful Death Actions on Behalf of the Unborn: An Argument for a Social Standard, Jonathan D. Stanley
File Early, Then Free Ride: How Delaware Law (Mis)Shapes Shareholder Class Actions, Elliott J. Weiss and Lawrence J. White
Filling the Gap: Refining Sex Trafficking Legislation to Address the Problem of Pimping, John Elrod
Finding "Tapia Error": How Circuit Courts Have Misread 'Tapia v. United States' and Shortchanged the Penological Goals of the Sentencing Reform Act, Matt J. Gornick
Fintech and the Innovation Trilemma, Yesha Yadav and Chris Brummer
First Amendment Limits on Copyright, C. Edwin Baker
First Amendment Protection for the Publication of Private Information, Jared Lenow
Fishing for Clarity in a Post-Hubbell World: The Need for a Bright-Line Rule in the Self-Incrimination Clause's Act of Production Doctrine, Thomas Kiefer Wedeles
FMLA Notice Requirements and the Chevron Test: Maintaining a Hard-Fought Balance, Shay E. Zeemer
Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe and Aziz Z. Huq
For Their Own Good? Exploring Legislative Responses to the Commercial Sexual Exploitation of Children and the Illinois Safe Children Act, Angela L. Bergman
For What It's Worth: The Role of Race- and Gender-Based Data in Civil Damages Awards, Loren D. Goodman
Fourt (or Five) Easy Lessons from Enron, Douglas G. Baird and Robert K. Rasmussen
From No Means No to Only Yes Means Yes: The Rational Results of an Affirmative Consent Standard in Rape Law, Nicholas J. Little
From "Predominance" to "Resolvability": A New Approach to Regulating Class Actions, Allan Erbsen
From Smokestack to SUV: The Individual as Regulated Entity in the New Era of Environmental Law, Michael P. Vandenbergh
Fundamental Retribution Error: Criminal Justice and the Social Psychology of Blame, Donald A. Dripps
Funding Restrictions and Separation of Powers, Zachary S. Price
Games Economists Play, Rochelle C. Dreyfuss
Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State, J.B. Ruhl and James Salzman
Getting the Math Right: Why California Has Too Many Seats in the House of Representatives, Paul H. Edelman
Getting to the (Non) Point: Private Governance as a Solution to Nonpoint Source Pollution, Kyle W. Robisch
Giving It Another Shot: A Reexamination of the "Second or Subsequent Conviction" Language of the Firearm Possession Sentencing Statute, Rachel E. Moore
Giving the Terminally ILL Their Due (Process): A Case for Expanded Access to Experimental Drugs through the Political Process, Linda K. Leibfarth
Going Postal: Analyzing the Abuse of Mail Covers Under the Fourth Amendment, Julie Lynn
Good for You, Bad for Us: The Financial Disincentive for Net Demand Reduction, Michael P. Vandenbergh and Jim Rossi
"Gouging the Government": Why a Federal Contingency Fee Lobbying Prohibition is Consistent With First Amendment Freedoms, Meredith A. Capps
Governing the Anticommons in Aggregate Litigation, D. Theodore Rave
Government of the Good, Abner S. Greene
Growing Pains: The Scope of Substantive Due Process Rights of Parents of Adult Children, Issac J.K. Adams
Guarantor of Last Resort: Is There a Better Alternative?, Morgan Ricks
Hands-Off Options, Jesse M. Fried
Hardly a Black-and-White Matter: Analyzing the Validity and Protection of Single-Color Trademarks Within the Fashion Industry, Emilie Winckel
Harmonizing Commercial Wind Power and the Endangered Species Act Through Administrative Reform, J. B. Ruhl
Haste Makes Waste: Congress and the Common Law in Cyberspace, Suzanna Sherry
Hazy Shades of Winter: Resolving the Circuit Split over Preliminary Injunctions, Rachel A. Weisshaar
Health Care Reform Through Medicaid Managed Care: Tennessee (TennCare) as a Case Study and a Paradigm, James F. Blumstein and Frank A. Sloan
Hedonic Damages, Hedonic Adaptation, and Disability, Samuel R. Bagenstos and Margo Schlanger
Help at Your Fingertips: A Twenty-First Century Response to the Pro Se Phenomenon, Van Wormer and Nina Ingwer
Heuristics, Biases, and Consumer Litigation Funding at the Bargaining Table, Jean Xiao
High-Deductible Health Plans: New Twists on Old Challenges from Tort and Contract, E. Haavi Morreim Ph.D.
High Value Lies, Ugly Truths, and the First Amendment, Alan K. Chen and Justin Marceau
Hindsight Bias in Antitrust Law, Christopher R. Leslie
HIV as an Occupational Disease: Expanding Traditional Workers' Compensation Coverage, Nikita Williams
HMOs Behind Bars: Constitutional Implications of Managed Health Care in the Prison System, Richard Siever
Honing a Blunt Instrument: Refining the Use of Judicial Estoppel in Bankruptcy Nondisclosure Cases, Robert F. Dugas
Hope-Fulfilling or Effectively Chilling? Reconciling the Hate Crimes Prevention Act With the First Amendment, Carter T. Coker
How Algorithmic Trading Undermines Efficiency in Capital Markets, Yesha Yadav
How Do Corporations Play Politics?: The FedEx Story, Jill E. Fisch
How Far Will Multi-State Death Taxation Go--Curry v. McCanless Revisited, Thomas A. Thomas
How "Mead" Has Muddled Judicial Review of Agency Action, Lisa S. Bressman
How Much Is That Lawsuit in the Window? Pricing Legal Claims, Maya Steinitz
How the "Equal Opportunity" Sexual Harasser Discriminates on the Basis of Gender Under Title VII, Kyle F. Mothershead
How to Assert State Sovereign Immunity Under the Federal Rules of Civil Procedure, Calvin Cohen
How to Be Good: the Emphasis on Corporate Director's Good Faith in the Post-Enron Era, Thomas Rivers
How to Kill the Scapegoat: Addressing Offshore Tax Evasion with a Special View to Switzerland, Niels Jensen
How We Got Here: A Brief History of Requester-Pays and Other Incentive Systems to Supplement Judicial Management of Discovery, E. Donald Elliot
Human Equity? Regulating the New Income Share Agreements, Shu-Yi Oei and Diane Ring
Human Rights Violations as Mass Torts: Compensation as a Proxy for Justice in the United States Civil Litigation System, Elizabeth J. Cabraser
Hung Up on Words: A Conduct-Based Solution to the Problem of Conspiracy in Military Commissions, Joshua D. Foote
Hydro Law and the Future of Hydroelectric Power Generation in the United States, Dan Tarlock
Identifying a Maverick: When Antitrust Law Should Protect a Low-Cost Competitor, Taylor M. Owings
If the "Shoe" Fits: Reconciling the "International Shoe" Minimum Contacts Test with the Anticybersquatting Consumer Protection Act, John A. Greer
Immigration and Blackness, Karla McKanders
Immigration to Blue Cities in Red States: The Battleground Between Sanctuary and Exclusion, Karla M. McKanders
Immunity Games: How the State Department Has Provided Courts with a Post-Samantar Framework for Determining Foreign Official Immunity, Erica E. Smith
Immunizing Internet Service Providers from Third-Party Internet Defamation Claims: How Far Should Courts Go?, Sewali K. Patel
Implementing an Online Dispute Resolution Scheme: Using Domain Name Registration Contracts to Create a Workable Framework, Michael G. Bowers
Improper Accumulation of Surplus, W.E. Norvell Jr.
Improper Appropriation, Daniel J. Gervais
Improving Access to Justice in State Courts with Platform Technology, J.J. Prescott
In Appreciation of the Tarlock Effect, J.B. Ruhl
Incapacitating Criminal Corporations, W. Robert Thomas
Incarceration Incentives in the Decarceration Era, Avlana K. Eisenberg
Increasing the Effectiveness of the Security Council's Chapter VII Authority in the Current Situations Before the International Criminal Court, Elizabeth C. Minogue
In Defense of American Criminal Justice, J. H. Wilkinson, III
Individualized Justice in Disputes over Dead Bodies, Frances H. Foster
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law?, Amanda Frost
Information Technology and Non-Legal Sanctions in Financing Transactions, Ronald J. Mann
In Praise of Ex Ante Regulation, Brian Galle
In Search of Guidance: An Examination of Past, Present, and Future Adjudications of Domestic Violence Asylum Claims, Barbara R. Barreno
In Search of the Probate Exception, James E. Pfander and Michael J.T. Downey
Insider Trading and CEO Pay, M. Todd Henderson
Inside the Law School Classroom: Toward a New Legal Realist Pedagogy, Elizabeth Mertz
Institutional and Post-Institutional Treatment of the Sex Offender, P. Thomas Wall and Wylie P. Chalmers
Insurance Triggers as Judicial Gatekeepers in Toxic Mold Litigation, Gregory A. Goodman
Insurers, Illusions of Judgment & Litigation, Chris Guthrie and Jeffrey J. Rachlinski
Intangible Takings, Susan Eisenberg
Intellectual Property: A Beacon for Reform of Investor-State Dispute Settlement, Daniel J. Gervais
Intellectual Property Rights and the New Institutional Economics, Robert P. Merges
Intent and Recklessness in Torts: The Practical Craft of Restating Law, James A. Henderson, Jr. and Aaron D. Twerski
Interpreting an Unamendable Text, Thomas W. Merrill
Interpretive Construction, Systemic Consistency, and Criterial Norms in Tort Law, Jody David Armour
Interstate Transmission Challenges for Renewable Energy: A Federalism Mismatch, Alexandra B. Klass and Elizabeth J. Wilson
In Texas, Life Is Cheap, Frank Cross and Charles Silver
Intrafirm Monitoring of Executive Compensation, Robert J. Rhee
Introduction: Is the Supreme Court Failing at Its Job, or Are We Failing at Ours?, Suzanna Sherry
Introduction: Perceived Legitimacy and the State Judiciary, G. Alexander Nunn
Introduction: Reflections on the Future of Discovery in Civil Cases, Paul W. Grimm
Introduction: Special Project - Current Issues in Intellectual Property, W. Russell Taber
Introduction: The Effects of Selection Method on Public Officials, Clayton J. Masterman
Introduction: The Power of New Data and Technology, Laura E. Dolbow
Introduction: The Third Restatement of Torts: General Principles and the John W. Wade Conference, John C.P. Goldberg
Introduction to the Symposium "Convergence on Delaware: Corporate Bankruptcy and Corporate Governance", Robert K. Rasmussen and Charles M. Elson
Intuitions of Punishment, Owen D. Jones and Robert Kurzban
Investor-State Dispute Settlement: Human Rights and Regulatory Lessons from "Lilly v. Canada", Daniel J. Gervais
Invisible Bars: Adapting the Crime of False Imprisonment to Better Address Coercive Control and Domestic Violence in Tennessee, Alexandra M. Ortiz
Irrational Ignorance at the Patent Office, Michael D. Frakes and Melissa F. Wasserman
I See Dead People: Examining the Admissibility of Living-Victim Photographs in Murder Trials, Susanna Rychlak
Is Federalization of Charity Law All Bad? What States Can Learn from the Internal Revenue Code, Melanie B. Leslie
Is FINRA a State Actor? A Question that Exposes the Flaws of the State Action Doctrine and Suggests a Way to Redeem IT, Michael Deshmukh
Is Groton the Next "Evenwel"?, Paul H. Edelman
Is It Time for a Universal Genetic Forensic Database?, Christopher Slobogin, Ellen Wright Clayton, J. W. Hazel, and B. A. Malin
Islamic Arbitration: A New Path for Interpreting Islamic Legal Contracts, Charles P. Trumbull
Is There A Moral Justification For Redressing Historical Injustices?, Katrina M. Wyman
Jacksonian Jurisprudence and the Obscurity of Justice John Catron, Austin Allen
John McLean: Moderate Abolitionist and Supreme Court Politician, Paul Finkelman
Judges Cooperating with Scientists: A Proposal for More Effective Limits on the Federal Trial Judge's Inherent Power to Appoint Technical Advisors, Robert L. Hess, II
Judging Law in Election Cases, Michael S. Kang and Joanna M. Shepherd
Judging Plaintiffs, Jason M. Solomon
Judicial Deference and the Credibility of Agency Commitments, Jonathan Masur
"Judicial Hellholes:" Medical Malpractice Claims, Verdicts and the "Doctor Exodus" in Illinois, Neil Vidmar, Russell M. Robinson II, and Kara MacKillop
Judicial Laterals, Jonathan R. Nash
Judicial Politics and Decisionmaking: A New Approach, Jeffrey J. Rachlinski, Andrew J. Wistrich, and Chris Guthrie
Judicial Reform as a Tug of War: How Ideological Differences Between Politicians and the Bar Explain Attempts at Judicial Reform, Adam Bonica and Maya Sen
Judicial Review for Enemy Fighters: The Court's Fateful Turn in "Ex parte Quirin", the Nazi Saboteur Case, Andrew Kent
Jumping the Pond: Transnational Law and the Future of Chemical Regulation, Noah M. Sachs
Juror Questions During Trial: A Window into Juror Thinking, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, and Sven Smith
Justice Sutherland Reconsidered, Samuel R. Olken
Just Shoot Me: Public Accommodation Anti-Discrimination Laws Take Aim at First Amendment Freedom of Speech, James M. Gottry
Just What the Doctor Ordered: The Admissibility of Differential Diagnosis in Pharmaceutical Product Litigation, Wendy Michelle Ertmer
Keep Your Friends Close: A Framework for Addressing Rights to Social Media Contacts, Courtney J. Mitchel
Keynote: Motivating Private Climate Governance: The Role of the Efficiency Gap, Michael P. Vandenbergh
Killing the Messenger: The Misuse of Disparate Impact Theory to Challenge High-Stakes Educational Tests, Jennifer C. Braceras
Law and Behavioral Biology, Owen D. Jones and Timothy H. Goldsmith
Law and Biology: Toward an Integrated Model of Human Behavior, Owen D. Jones
Law and Neighborhood Names, Nestor M. Davidson
Law and the Biology of Rape: Reflections on Transitions, Owen D. Jones
Law as Craft, Brett G. Scharffs
Law, Biology, and Property: A New Theory of the Endowment Effect, Owen D. Jones and Sarah F. Brosnan
Law, Evolution, and the Brain: Applications and Open Questions, Owen D. Jones
Law & Neuroscience: What, Why, and Where to Begin, Owen D. Jones, Jeffrey D. Schall, and Francis X. Shen
Law on the Rocks: The Intoxication Defenses Are Being Eighty-Sixed, Meghan P. Ingle
Law, Responsibility, and the Brain, Owen D. Jones, Hakwan C. Lau, Dean Mobbs, and Christopher D. Frith
Law, Responsibility, and the Brain, Owen D. Jones, Dean Mobbs, Hakwan C. Lau, and Christopher D. Frith
Laying One Bankrupt Critique to Rest: "Sosa v. Alvarez-Machain" and the Future of International Human Rights Litigation in U.S. Courts, Ralph G. Steinhardt
Leaving No Loopholes for Terrorist Financing: The Implementation of the USA PATRIOT Act in the Real Estate Field, Elizabeth A. Cheney
Legal Cause: Cause-in-Fact and the Scope of Liability for Consequences, Jane Stapleton
Legal Fictions and the Role of Information in Patent Law, Craig A. Nard
Legal Realists, Legal Fundamentalists, Lawyer Schools, and Policy Science--Or How Not to Teach Law, Fred Rodell
Lessons From Studying the International Economics of Intellectual Property Rights, Keith E. Maskus
Letter to Supreme Court (Erwin Chemerinsky is Mad. Why You Should Care), Barry Friedman
Licensing Knowledge, Claudia E. Haupt
Life After Death Row: Preventing Wrongful Capital Convictions and Restoring Innocence After Exoneration, Jean C. Blackerby
Life on Streets and Trails: Fourth Amendment Rights for the Homeless and the Homeward Bound, Wesley C. Jackson
Litigated Learning and the Limits of Law, Michael Heise
Litigating BP's Contribution Claims in Publicly Subsidized Courts: Should Contracting Parties Pay Their Own Way?, Bruce L. Hay, Christopher Rendall-Jackson, and David Rosenberg
Looking for Trouble: An Exploration of How to Regulate Digital Searches, Eric Yeager
Loss Aversion and the Law, Eyal Zamir
Lowering the Filed Tariff Shield: Judicial Enforcement for a Deregulatory Era, Jim Rossi
Maintaining the Adversarial System: The Practice of Allowing Jurors to Question Witnesses During Trial, Kristen DeBarba
Makes Sense to Me: How Moderate, Targeted Federal Tort Reform Legislation Could Solve the Nation's Asbestos Litigation Crisis, Mark H. Reeves
Making Banks Transparent, Robert P. Bartlett, III
Making Lawyers (and Gangsters) in Japan, Mark D. West
Making or Breaking Your Billion Dollar Case: U.S. Judicial Assistance to Private International Arbitration Under 28 U.S.C. 1732(a), Laura E. Malament
Managers' Fiduciary Duty Upon the Firm's Insolvency: Accounting for Performance Creditors, Alon Chaver and Jesse M. Fried
Managing Manure: Using Good Neighbor Agreements to Regulate Pollution from Agricultural Production, Tory H. Lewis
Market Hierarchy and Copyright in Our System of Free Expression, Neil W. Netanel
Mass Torts and Due Process, Sergio J. Campos
Measuring Justice in State Courts: The Demographics of the State Judiciary, Tracey E. George and Albert H. Yoon
Medical Malpractice Litigation and Tort Reform: It's the Incentives, Stupid, David A. Hyman and Charles Silver
Medical Malpractice Reform: What Works and What Doesn't, W. Kip Viscusi
Medical Malpractice Standard-Setting: Developing Malpractice "Safe Harbors" as a New Role for QIOs?, James F. Blumstein
Memory and Punishment, O. Carter Snead
Merging in the Shadow of the Law: The Case for Consistent Judicial Efficiency Analysis, Jamie H. Moffitt
Mid-Decade Congressional Redistricting In a Red and Blue Nation, Patrick Marecki
Million Dollar Medical Malpractice Cases in Florida: Post-Verdict and Pre-Suit Settlements, Neil Vidmar, Kara MacKillop, and Paul Lee
Minor Courts, Major Questions, Michael Coenen and Seth Davis
Misdemeanor Decriminalization, Alexandra Natapoff
Mistaken Identity: Unveiling the Property Characteristics of Political Money, Spencer A. Overton
Money as Infrastructure, Morgan Ricks
Monopolies in Multidistrict Litigation, Elizabeth Chamblee Burch
Mr. Justice McReynolds--An Appreciation, R.V. Fletcher
Multiple-Agency Delegations & One-Agency Chevron, William Weaver
My Fellow Americans, We Are Going to Kill You: The Legality of Targeting and Killing U.S. Citizens Abroad, Mike Dreyfuss
Naked Land Transfers and American Constitutional Development, Mark A. Graber
Neglected Justices: Discounting For History, G. Edward White
Negotiated vs. Competitive Debt Financing, Ralph S. Peterson
Neuronal Testimonial: Brain-Computer Interfaces and the Law, Jessica L. Haushalter
Neuroscientists in Court, Owen D. Jones, Anthony D. Wagner, David L. Faigman, and Marcus E. Raichle
No Clean Hands in a Dirty Business: Firing Squads and the Euphemism of "Evolving Standards of Decency", Alexander Vey
No Harm, No Fraud: The Invalidity of State Fraud Claims Brought Against Employment Testers, Robert T. Roos
Non-Judicial Precedent, Michael J. Gerhardt
Nonlegal Regulation of the Legal Profession: Social Norms in Professional Communities, W. Bradley Wendel
Nontechnical Disclosure, J. Jonas Anderson
Non-Utilitarian Negligence Norms and the Reasonable Person Standard, Steven Hetcher
"No Provincial or Transient Notion": The Need for a Mistake of Age Defense in Child Rape Prosecutions, Jarrod F. Reich
Normalizing "Erie", Suzanna Sherry
Not-So-Sweet Sixteen: When Minor Convictions Have Major Consequences Under Career Offender Guidelines, Andrew Tunnard
Not Without My Father: The Legal Status of the Posthumously Conceived Child, Christopher A. Scharman
No VIP Treatment: ACOs Should Not Get Waiver Protection from the Prohibition on Beneficiary Inducement, Soraya Ghebleh
"Objection: Your Honor is Being Unreasonable!"--Law and Policy Opposing the Federal Sentencing Order Objection Requirement, Benjamin K. Raybin
Offender Profiling and Expert Testimony: Scientifically Valid or Glorified Results?, James A. George
Offer-of-Judgment Rules and Civil Litigation: An Empirical Study of Automobile Insurance Litigation in the East, Albert Yoon and Tom Baker
Of Green Tulips and Legal Kudzu: Repacking Rights in Subpatentable Innovation, J. H. Reichman
On Beyond CalPERS: Survey Evidence on the Developing Role of Public Pension Funds in Corporate Governance, Stephen J. Choi and Jill E. Fisch
Once More into the Bramble Bush: Duty, Causal Contribution, and the Extent of Legal Responsibility, Richard W. Wright
On Determining Negligence: Hand Formula Balancing, the Reasonable Person Standard, and the Jury, Stephen G. Gilles
One-Way Fee Shifting After Summary Judgment, Cameron T. Norris
On the Effective Communication of the Results of Empirical Studies, Part II, Lee Epstein
On the Effective Communication of the Results of Empirical Studies, Part II, Lee Epstein, Andrew D. Martin, and Matthew M. Schneider
On the Efficient Deployment of Rules and Standards to Define Federal Jurisdiction, Jonathan R. Nash
On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime, Robert A. Mikos
On the Nature of Norms: Biology, Morality, and the Disruption of Order, Owen D. Jones
On What A "Private Attorney General" Is--And Why It Matters, William B. Rubenstein
Optimal Lead Plaintiffs, Elizabeth C. Burch
Optimizing Private Antitrust Enforcement, Daniel A. Crane
Opting Out of Discovery, Jay Tidmarsh
Opting Out of Regulation: A Public Choice Analysis of Contractual Choice of Law, Erin A. O'Hara
Order at the End of Life: Establishing a Clear and Fair Mechanism for the Resolution of Futility Disputes, Ashley Bassel
Organizational Apologies: BP as a Case Study, Erin O'Hara O'Connor
Organizational Law as Commitment Device, Morgan Ricks
Original Meaning and the Precedent Fallback, Randy J. Kozel
Outsourcing and Insourcing Crime: The Political Economy of Globalized Criminal Activity, Tomer Broude and Doron Teichman
Overcoming Another Tragedy in New Orleans: Rebuilding in the Wake of "Kelo" and Act No. 851, William C. Spaht
Overcriminalization's New Harm Paradigm, Todd Haugh
Over-the-Counter Securities Markets, Guy L. Clinton
Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment, Owen D. Jones, Matthew Ginther, Richard J. Bonnie, Morris B. Hoffman, Francis X. Shen, Kenneth W. Simons, and Rene Marois
Patent Disclosures and Time, Timothy R. Holbrook
Patenting the Unexplained, Sean B. Seymore
Patently Impossible, Sean B. Seymore
Patent Policy Innovations: A Clinical Examination, Josh Lerner
Patents, Essential Medicines, and the Innovation Game, David W. Opderbeck
Patent Silences, Dan L. Burk
Paying For Advice: The Role of the Remuneration Consultant in U.K. Listed Companies, Ruth Bender
Penile Polygraphy: The Admissibility of Penile-Plethysmograph Results at Sentencing in Tennessee, Steven Poland
Perceived Disabilities, Social Cognition, and "Innocent Mistakes", Michelle A. Travis
Perfecting Patent Prizes, Michael Abramowicz
Perpetuities and the Genius of a Free State, Joshua C. Tate
Personal Environmental Information: The Promise and Perils of the Emerging Capacity to Identify Individual Environmental Harms, Katrina Fischer Kuh
Photocopies, Patents, and Knowledge Transfer: "The Uneasy Case" of Justice Breyer's Patentable Subject Matter Jurisprudence, Dmitry Karshtedt
Physicalism and Patent Theory, Christopher A. Cotropia
Pierce Butler: A Supreme Technician, David R. Stras
Pierson, Peer Review, and Patent Law, Lisa L. Ouellette
Plaintiff Cities, Sarah L. Swan
Plaintiffs' Lawyers, Specialization, and Medical Malpractice, Stephen Daniels and Joanne Martin
"Plausible Cause": Explanatory Standards in the Age of Powerful Machines, Kiel Brennan-Marquez
Plea Bargaining, Discovery, and the Intractable Problem of Impeachment Disclosures, R. Michael Cassidy
Police Violence against People with Mental Disabilities: The Immutable Duty under the ADA to Reasonable Accommodate during Arrest, Carly A. Myers
Policing the Police: Clarifying the Test for Holding the Government Liable Under 42 U.S.C. § 1983 and the State-Created Danger Theory, Jeremy D. Kernodle
Powers of Chinese Courts, Chao-Lung Yang
Pragmatic Selective Waiver: Re-Aligning Corporate Executives' Personal Interests with Those of the Corporation Amidst Government Investigations, Erin M. Carter
Predicting the Knowledge: Recklessness Distinction in the Human Brain, Owen D. Jones, Iris Vilares, Michael J. Wesley, Woo-Young Ahn, and et al.
Preempting Discrimination: Lessons from the Genetic Information Nondiscrimination Act, Jessica L. Roberts
Presidential Factfinding, Shalev Roisman
Pressing Precaution Beyond the Point of Cost-Justification, Gregory C. Keating
Press One for Warrant: Reinventing the Fourth Amendment's Search Warrant Requirement Through Electronic Procedures, Justin H. Smith
Pretext, Transparency and Motive in Mass Restitution Litigation, Anthony J. Sebok
Pricing Lives for Corporate Risk Decisions, W. Kip Viscusi
Pricing Lives for Corporate Risk Decisions, W. Kip Viscusi
Prisoners and Habeas Privileges Under the Fourteenth Amendment, Lee Kovarsky
Privacy, Accountability, and the Cooperating Defendant: Towards a New Role for Internet Access to Court Records, Caren M. Morrison
Private Benefits in Public Offerings: Tax Receivable Agreements in IPOs, Gladriel Shobe
Private Enforcement in Administrative Courts, Michael Sant'Ambrogio
Private Governance Responses to Climate Change: The Case of Global Civil Aviation, Michael P. Vandenbergh and Daniel J. Metzger
Pro and Con (Law): Considering the Irrevocable Nongrantor Trust Technique, Alyssa A. DiRusso
Probate Law Meets the Digital Age, Naomi Cahn
Procedural Design, Alexandra D. Lahav
Procedure, Substance, and Erie, Jay Tidmarsh
Procuring Guilty Pleas for International Crimes: The Limited Influence of Sentence Discounts, Nancy A. Combs
Products Liability and Economic Activity: An Empirical Analysis of Tort Reform's Impact on Businesses, Employment, and Production, Joanna M. Shepherd
Property: A Bundle of Sticks or a Tree?, Anna di Robilant
Proposed Changes in the Presidential Election System, Estes Kefauver
Proposed Legal Constraints on Private Student Lenders, Mary C. Nicoletta
Proprioception, Non-Law, and BioLegal History, Owen D. Jones
Protecting Health Information Privacy: the Case for Self-Regulation of Electronically Held Medical Records, Catherine L. Glenn
Protecting the Frontiers of Biotechnology Beyond the Genome: The Limits of Patent Law in the Face of the Proteomics Revolution, J. Jason Williams
Proving an Employer's Intent: Disparate Treatment Discrimination and the Stray Remarks Doctrine After Reeves v. Sanderson Plumbing Products, Laina R. Reinsmith
Proxy Contests in an Era of Increasing Shareholder Power: Forget Issuer Proxy Access and Focus on E-Proxy, Jeffrey N. Gordon
Psychological Theories of Educational Engagement: A Multi-Method Approach to Studying Individual Engagement and Institutional Change, Bonita London, Geraldine Downey, and Shauna Mace
Public Independent Fact-Finding: A Trust-Generating Institution for an Age of Corporate Illegitimacy and Public Mistrust, R. William Ide III and Douglas H. Yarn
Public(ly Oriented) Companies: B Corporations and the Delaware Stakeholder Provision Dilemma, Steven J. Haymore
Public Perceptions of Gender Bias in the Decisions of Female State Court Judges, Michael P. Fix and Gbemende E. Johnson
Public Relations Litigation, Kishanthi Parella
Punishment as Suffering, David Gray
Purging Foreseeability, Ricardo J. Bascuas
Purging Foreseeability, W. Jonathan Cardi
Purpose, Belief, and Recklessness: Pruning the "Restatement" (Third)'s Definition of Intent, Anthony J. Sebok
Putting an End to False Claims Act Hush Money: An Agency-Approval Approach to Qui Tam Prefiling Releases, Jeremy Johnston
Putting a Stop to Sprawl: State Intervention as a Tool for Growth Management, Lesley R. Attkisson
Putting Legislative History to a Vote: A Response to Professor Siegel, John F. Manning
Putting the Caps on Caps: Reconciling the Goal of Medical Malpractice Reform with the Twin Objectives of Tort Law, Kyle Miller
Qualifying Qualified Immunity, John C. Williams
Racial Integration and Community Revitalization: Applying the Fair Housing Act to the Low Income Housing Tax Credit, Myron Orfield
Realigning the Corporate-Stockholder Relationship: Facilitating Stockholder Communications During Active Proxy Solicitations, Michael Burgoyne
Realism, Punishment, and Reform, Owen D. Jones, Paul H. Robinson, and Robert Kurzban
Realities of Rape: Of Science and Politics, Causes and Meanings, Owen D. Jones
Real-Time Economic Analysis and Policy Development During the BP "Deepwater Horizon" Oil Spill, Joseph E. Aldy
Reasonable Suspicion and Mere Hunches, Craig S. Lerner
Reawakening "Privileges or Immunities": An Originalist Blueprint for Invalidating State Felon Disenfranchisement Laws, John B. Schrader
Reciprocal Legitimation in the Federal Courts System, Neil S. Siegel
Reciprocity, Utility, and the Law of Aggression, Anita Bernstein
Reconceptualizing the Role of Intellectual Property Rights in Shaping Industry Structure, Peter Lee
Reconciling Consent Searches and Fourth Amendment Jurisprudence: Incorporating Privacy into the Test for Valid Consent Searches, David J. Housholder
Reconstructing Local Government, Daniel Farbman
Redefining Trademark Alteration Within the Context of Aesthetic-Based Zoning Laws: A Blockbuster Dilemma, Jeffrey W. Strouse
Redundant Public-Private Enforcement, Zachary D. Clopton
Red, White, but Mostly Blue: The Validity of Modern Sunday Closing Laws Under the Establishment Clause, Lesley Lawrence-Hammer
Reestablishing a Knowledge Mens Rea Requirement for Armed Career Criminal Act "Violent Felonies" Post-Voisine, Jeffrey A. Turner
Refining the Meaning and Application of "Dating Relationship" Language in Domestic Violence Statutes, Devon M. Largio
Reforming Federal Habeas Review of Military Convictions: Why AEDPA Would Improve the Scope and Standard of Review, John K. Chapman
Reformulating Outrage: A Critical Analysis of the Problematic Tort of IIED, Russell Fraker
Regulating Business Innovation as Policy Disruption: From the Model T to Airbnb, Eric Biber, Sarah E. Light, J.B. Ruhl, and James Salzman
Regulating Federal Prosecutors' Ethics, Bruce A. Green and Fred C. Zacharias
Regulating Fintech, William Magnuson
Regulating Offshore Finance, William J. Moon
Regulation by Hypothetical, Mehrsa Baradaran
Regulation of Emerging Risks, Matthew T. Wansley
Regulation of Political Signs in Private Homeowner Associations: A New Approach, Brian J. Fleming
Regulatory Exit, J. B. Ruhl and James Salzman
Reinventing Sovereignty?: Federalsim as a Constraint on the Voting Rights Act, Franita Tolson
Rejecting the Myth of Popular Sovereignty and Applying an Agency Model to Direct Democracy, Glen Staszewski
Removing Emotional Harm from the Core of Tort Law, Martha Chamallas
Repealing Patents, Christopher Beauchamp
Rescission by Third Party Prior to Principal's Ratification of Agent's Unauthorized Action, Theodore G. Pappas
Resolving the ALJ Quandary, Kent Barnett
Resolving the Patent-Antitrust Paradox Through Tripartite Innovation, Michael A. Carrier
Restatement (Third) of Torts: General Principles and the Prescription of Masculine Order, Anita Bernstein
Restating Duty, Breach, and Proximate Cause in Negligence Law: Descriptive Theory and the Rule of Law, Patrick J. Kelley
Restore, Revert, Repeat: Examining the Decompensation Cycle and the Due Process Limitations on the Treatment of Incompetent Defendants, Margaret W. Smith
Resuscitating the National Resident Matching Program: Improving Medical Resident Placement Through Binding Dual Matching, Melinda Creasman
Retelling Allotment: Indian Property Rights and the Myth of Common Ownership, Kenneth H. Bobroff
Rethinking Conspiracy Jurisdiction in Light of Stream of Commerce and Effects-Based Jurisdictional Principles, Alex Carver
Rethinking Peer Review: Detecting and Addressing Medical Malpractice Claims Risk, Ilene N. Moore, James W. Pichert, Gerald B. Hickson, Charles Federspiel, and Jennifer U. Blackford
Rethinking Place of Business as Choice of Law in Class Action Lawsuits, Meredith A. Capps
Rethinking Place of Business as Choice of Law in Class Action Lawsuits, Allison M. Gruenwald
Rethinking the Substantive Due Process Right to Privacy: Grounding Privacy in the Fourth Amendment, Mary H. Wimberly
Retribution for Rats: Cooperation, Punishment, and Atonement, Michael A. Simons
Reverse Political Process Theory, Aaron Tang
Revolving Elites: The Unexplored Risk of Capturing the SEC, Randall S. Thomas
Richard A. Nagareda, "In Memorian" 1963-2010, Chris Guthrie and C. P. John
RICO Overreach: How the Federal Government's Escalating Offensive Against Gangs Has Run Afoul of the Constitution, Matthew H. Blumenstein
Rodrigo's Corrido: Race, Postcolonial Theory, and U.S. Civil Rights, Richard Delgado
Rufus W. Peckham and Economic Liberty, James W. Ely, Jr.
Ruling Out the Rule of Law, Kim Forde-Mazrui
Samuel Chase: In Defense of the Rule of Law and Against the Jeffersonians, Stephen B. Presser
Sanctions, Law and Public Order, George H. Dession
Save Now, Win Later: Removing Statutory Barriers to Prize-Linked Savings Initiatives, Ann E. Watford
Saving the Political Consensus in Favor of Free Trade, Timothy Meyer
School Funding Litigation: Who's Winning the War?, John Dayton and Anne Dupre
Scientific Uncertainty and Causation in Tort Law, Mark Geistfeld
Screening Legal Claims Based on Third-Party Litigation Finance Agreements and Other Signals of Quality, Michael Abramowicz and Omer Alper
Scrutinizing Juvenile Curfews: Constitutional Standards & the Fundamental Rights of Juveniles & Parents, Brant K. Brown
Second Liens and the Leverage Option, Adam J. Levitin and Susan M. Wachter
Sector Agnosticism and the Coming Transformation of Education Law, Nicole S. Garnett
Securities Fraud as Corporate Governance: Reflections upon Federalism, Robert B. Thompson and Hillary A. Sale
Securities Issuer Liability for Third Party Misstatements: Refining the Entanglement Standard, D. Joseph Meister
Seeing Through the Murky Vial: Does the FDA Have the Authority to Stop Compounding Pharmacies from Pirate Manufacturing?, Michael Snow
Seeking Proportional Discovery: The Beginning of the End of Procedural Uniformity in Civil Rules, Linda S. Simard
Setting Attorneys' Fees in Securities Class Actions: An Empirical As, Lynn A. Baker, Michael A. Perino, and Charles Silver
Settling in the Shadow of Sex: Gender Bias in Marital Asset Division, Jennifer Bennett Shinall
Severe or Pervasive: An Analysis of Who, What, and Where Matters When Determining Sexual Harassment, Druhan V. Blair
Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, Owen D. Jones
Sex Selection: Regulating Technology Enabling the Predetermination of a Child's Gender, Owen D. Jones
Shame on You: Campaign Finance Reform Through Social Norms, Todd R. Overman
Shaping Competition on the Internet: Who Owns Product and Pricing Information?, Maureen A. O'Rourke
Shareholder Oppression in Close Corporations: the Unanswered Question of Perspective, Douglas K. Moll
Sharkfests and Databases: Crowdsourcing Plea Bargains, Nancy J. King, Kay L. Levine, Ronald F. Wright, and Marc L. Miller
Sherman Minton: Restraint Against a Tide of Activism, Linda C. Gugin
Shotgun Weddings: Director and Officer Fiduciary Duties in Government-Controlled and Partially-Nationalized Corporations, David M. Barnes
Should BP Be Liable for Economic Losses Due to the Moratorium on Oil Drilling Imposed After the "Deepwater Horizon" Accident?, Steven Shavell
Should "Twombly" and "Iqbal" Apply to Affirmative Defenses?, Nathan Pysno
Siblings in Law, Jill E. Hasday
Signed, Sealed, Delivered--Not Yours: Why the Fair Labor Standards Act Offers a Framework for Regulating Gestational Surrogacy, Zoe M. Beiner
Silence of the Lambs: Are States Attempting to Establish Religion in Public Schools?, Linda D.W. Lam
Single-Sex Classes in Public Secondary Schools: Maximizing the Value of a Public Education for the Nation's Students, Ashley E. Johnson
Sink or Sell: Using Real Estate Purchase Options to Facilitate Coastal Retreat, Richard T. Henderson
Slipping Away from Justice: the Effect of Attorney Skill on Trial Outcomes, Jennifer B. Shinall
Small Claim Mass Fraud Actions: A Proposal for Aggregate Litigation Under RICO, Leah Bressack
Sociology of Law--A Student's Concept, Glynn A. Pugh
Some Current Thoughts on Corporate Capitalization, Chester Rohrlich
"Sorry" Is Never Enough: How State Apology Laws Fail to Reduce Medical Malpractice Liability Risk, W. Kip Viscusi, Benjamin J. McMichael, and R. Lawrence Van Horn
Sorting Guilty Minds, Owen D. Jones, Francis X. Shen, Morris B. Hoffman, Joshua D. Greene, and Rene Marois
Sovereign Debt Reform and the Best Interest of Creditors, William W. Bratton and G. Mitu Gulati
Spaceball (Or, Not Everything That's Left is Postmodern), Dennis W. Arrow
Special Project: Current Issues in Immigration, Anna Byrne
Special Project: Current Issues in Intellectual Property, W. Russell Taber
Special Project+ National Security, Elizabeth A. Cheney
Special Project+ Privacy, Melody R. Barron
Special Topic Bankruptcy, Robert K. Rassmusen
Specific Crime vs. Criminal Ways: Criminal Conduct and Responsibility in Rule 3E1.1, Matthew Richardson
Speech Beyond Borders: Extraterritoriality and the First Amendment, Anna Su
Splitting the Baby: Standardizing Issue Class Certification, Jenna G. Farleigh
Square Dance: Fitting the Square Peg of Fixation into the Round Hole of Choreographic Works, Evie Whiting
Stalking Secret Law: What Predicts Publication in the United States Courts of Appeals, Deborah J. Merritt and James J. Brudney
Standardization and Pluralism in Property Law, Nestor M. Davidson
Standing for Nothing, Robert Mikos
Standing on the Edge: Standing Doctrine and the Injury Requirement at the Borders of Establishment Clause Jurisprudence, Rachel A. Weisshaar
Star Creation: The Incubation of Mutual Funds, Alan R. Palmiter and Ahmed E. Taha
State Constitutional Conventions and State Legislative Power, Walter F. Dodd
State Courts and the Interpretation of Federal Statutes, Anthony J. Bellia Jr.
State Criminal Appeals Revealed, Michael Heise, Nancy J. King, and Nicole A. Heise
States, Agencies, and Legitimacy, Miriam Seifter
Statewide Capital Punishment: The Case for Eliminating Counties' Role in the Death Penalty, Adam M. Gershowitz
Statutory Interpretations and the Therapy of the Obvious, Edward L. Rubin
Sticky Arbitration Clauses - the Use of Arbitration Clauses after Concepcion and Amex, Peter B. Rutledge and Christopher R. Drahozal
Strange Bedfellows: The Federal Constitution, Out-of-State Nongrantor Accumulation Trusts, and the Complete Avoidance of State Income Taxation, Jeffrey Schoenblum
Strategic Disclosure in the Patent System, Douglas Lichtman, Scott Baker, and Kate Kraus
Street Shootings: Covert Photography and Public Privacy, Nancy D. Zeronda
Student-Athlete Contract Rights in the Aftermath of "Bloom v. NCAA", Joel Eckert
Substantial Guidance Without Substantive Guides: Resolving the Requirements of Moore v. Texas and Hall v. Florida, Clinton M. Barker
Subverting Shareholder Rights: Lessons from News Corp.'s Migration to Delaware, Jennifer G. Hill
Sunny and Share: Balancing Airspace Entitlement Rights Between Solar Energy Adopters and Their Neighbors, Joshua B. Landis
Supreme Court Repeaters, Jason Iuliano and Ya Sheng Lin
Surprise vs. Probability as a Metric for Proof, Edward K. Cheng and Matthew Ginther
Sustainable Consumption, Energy Policy, and Individual Well-Being, Daniel A. Farber
Symbiotic Federalism and the Structure of Corporate Law, Marcel Kahan and Edward Rock
Symposium on Executive Compensation Keynote Address, Kenneth R. Feinberg
Symposium - Supply and Demand: Barriers to a New Energy Future, Michael P. Vandenbergh, J. B. Ruhl, and Jim Rossi
Symposium: The Disclosure Function of the Patent System, Sean B. Seymore
Symposium: The Least Understood Branch: The Demands and Challenges of the State Judiciary, Alex Carver and Susanna Rychlak
Symposium: The Role of Federal Law in Private Wealth Transfer, Jeffrey Schoenblum
Taking Adequacy Seriously: The Inadequate Assessment of Adequacy in Litigation and Settlement Classes, Linda S. Mullenix
Taking Antitrust Away from the Courts, Ganesh Sitaraman
Taking Great Cases: Lessons from the "Rosenberg" Case, Brad Snyder
Taking Laughter Seriously at the Supreme Court, Tonja Jacobi and Matthew Sag
Taking Law and _______ Really Seriously: Before, During and after "The Law", Carrie Menkel-Meadow
Taking Miranda's Pulse, William T. Pizzi and Morris B. Hoffman
Taking the Protection-Access Tradeoff Seriously, Harvey S. Perlman
Taming Blockbuster Punitive Damages Awards, W. Kip Viscusi and Benjamin J. McMichael
Taxpayer's Paradise in the Caribbean, Robert M. Baker and James E. Curry
Tendencies Versus Boundaries: Levels of Generality in Behavioral Law and Economics, Gregory Mitchell
Tennessee Judicial Highlights, Journal Staff
Tentative Interpretations: The Abracadabra of Administrative Rulemaking and the End of 'Alaska Hunters', Matthew P. Downer
Terrorist Speech on Social Media, Alexander Tsesis
Text Offenders: Privacy, Text Messages, and the Failure of the Title III Minimization Requirement, Seth M. Hyatt
Textualism's Failures: A Study of Overruled Bankruptcy Decisions, Daniel J. Bussel
The Admission of Legacy Blacks, Angela Onwuachi-Willig
The Arbitration-Litigation Paradox, Pamela K. Bookman
The Authorization Continuum: Investigating the Meaning of "Authorization" Through the Lens of the Controlled Substances Act, Breanna C. Philips
The Better Way to Stop Delay: Analyzing Speedy Sentencing Claims in the Wake of "Betterman v. Montana", Sarah R. Grimsdale
The Broken-Hearted Lover: Erwin Chemerinsky's Romantic Longings for a Mythical Court, Gerald N. Rosenberg
The Business Judgment Rule as Abstention Doctrine, Stephen M. Bainbridge
The Case for a Market in Debt Goverance, Yesha Yadav
The Case of CEO Richard Grasso and the NYSE: Proposals for Controlling Executive Compensation at Public Nonprofit Corporations, Rachel Penski
The Cautionary Tale of the Failed 2002 FTC/DOJ Merger Clearance Accord, Lauren K. Peay
The Cement Decision and Basing-Point Pricing Systems, Clyde L. Ball
The Chancery Bank of Delaware: Appraisal Arbitrageurs Expose Need to Further Reform Defective Appraisal Statute, Stanley Onyeador
The Chilling Effect and the Problem of Private Action, Monica Youn
The Circle of Assent: How "Agreement" Can Save Mandatory Arbitration in Long-Term Care Contracts, Lauren Gaffney
The Civilization of the Criminal Law, Christopher Slobogin
The Cloudy Crystal Ball: Genetics, Child Abuse, and the Perils of Predicting Behavior, Robert D. Stone
The Commensurability Myth in Antitrust, Rebecca H. Allensworth
The Commodification of Insurance Defense Practice, Herbert M. Kritzer
The Competency Conundrum: Problems Courts Have Faced in Applying Different Standards for Competency to Be Executed, John L. Farringer, IV
The Consequences of Congress's Choice of Delegate: Judicial and Agency Interpretations of Title VII, Margaret H. Lemos
The Constitutional Case for "Chevron" Deference, Jonathan R. Siegel
The Constitutional Dimension of Immigration Federalism, Clare Huntington
The Court, the Constitution, and the History of Ideas, Scott D. Gerber
The Creeping Federalization of Wealth-Transfer Law, Lawrence W. Waggoner
The Criminalization of Mental Illness: How Theoretical Failures Create Real Problems in the Criminal Justice System, Georgia L. Sims
The Critical Resource Theory of Fiduciary Duty, D. Gordon Smith
The Customer Is Not Always Right: Balancing Worker and Customer Welfare in Antitrust Law, Clayton J. Masterman
The Debt-Equity Distinction in a Second-Best World, Katherine Pratt
The Difference Between Truth and Truthfulness: Objective Versus Subjective Standards in Applying Rule 5C1.2, Molly N. Van Etten
The Digital Titanic: The Sinking of YouTube.com in the DMCA's Safe Harbor, Trevor Cloak
The Disappearing Settlement: The Contractual Regulation of Smith & Wesson Firearms, Charles C. Sipos
The Doctrinal Structure of Patent Law's Enablement Requirement, Jason Rantanen
The Dragon in the Room: China's Anti-Monopoly Law and International Merger Review, Christopher Hamp-Lyons
The Duty Concept in Negligence Law: A Comment, Robert L. Rabin
The Duty to Creditors in Near-Insolvent Firms: Eliminating the "Near-Insolvency" Distinction, Cory D. Kandestin
The Effects of Trial Judge Gender and Public Opinion on Criminal Sentencing Decisions, Christina L. Boyd and Michael J. Nelson
The Effects Test: Extraterritoriality's Fifth Business, Austen Parrish
The Emergency Aid Doctrine and 911 Hang-ups: The Modern General Warrant, Alexander C. Ellman
The Emperor Has No Clothes: A Critique of Applying the European Union Approach to Privacy Regulation in the United States, David R. Nijhawan
The Employment Security Program (With Special Reference to Tennessee Unemployment Insurance), E.J. Eberling
The End of Objector Blackmail?, Brian T. Fitzpatrick
The End of the Affair? Anti-Dueling Laws and Social Norms in Antebellum America, C.A. Harwell Wells
The Ethical Bar and the LSC: Wrestling with Restrictions on Federally Funded Legal Services, Liza Q. Wirtz
The Evidence on Securities Class Actions, Stephen J. Choi
The Evolution of Irrationality, Owen D. Jones
The Evolving Role of Institutional Investors in Corporate Governance and Corporate Litigation, Randall S. Thomas
The Exclusionary Rule in the Age of Blue Data, Andrew G. Ferguson
The Failed Superiority Experiment, Christine P. Bartholomew
The Failure of Public Company Bankruptcies in Delaware and New York: Empirical Evidence of a "Race to the Bottom", Lynn M. LoPucki and Sara D. Kalin
The Faragher and Ellerth Problem: Lower Courts' Confusion Regarding the Definition of "Supervisor", Stephanie Ann Henning Blackman
The Fatal Failure of the Regulatory State, W. Kip Viscusi
The Firm as Cartel Manager, Herbert Hovenkamp and Christopher R. Leslie
The Forgotten Derivative Suit, Kenneth B. Davis, Jr.
The Fourth Amendment's National Security Exception: Its History and Limits, L. Rush Atkinson
The Fraud-on-the-Market Tort, John C.P. Goldberg and Benjamin C. Zipursky
The FTC as Internet Privacy Norm Entrepreneur, Steven Hetcher
The Future of Agency Independence, Lisa S. Bressman and Robert B. Thompson
The Future of the Federal Common Law of Foreign Relations, Ingrid Wuerth
The Gendered Burdens of Conviction and Collateral Consequences on Employment, Joni Hersch and Erin E. Meyers
The Geography of Bankruptcy, Laura N. Coordes
The Geologic Strata of the Law School Curriculum, Robert W. Gordon
The Great Balancing Act: The Effect of the America Invents Act on the Division of Power Between the Patent and Trademark Office and the Federal Circuit, Samiyyah R. Ali
The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Have Come, Christopher Slobogin
The Hand Formula in the Draft "Restatement (Third) of Torts": Encompassing Fairness as Well as Efficiency Values, Kenneth W. Simons
The Hidden Dimension of Nineteenth-Century Immigration Law, Kerry Abrams
The Hidden Second Amendment Framework within "District of Columbia v. Heller", Andrew R. Gould
"The House Was Quiet and the World Was Calm The Reader Became the Book", Burt Neuborne
The Ideological Consequences of Selection: A Nationwide Study of the Methods of Selecting Judges, Brian T. Fitzpatrick
The Imaginary Constitution, Suzanna Sherry
The Impact of Joinder and Severance on Federal Criminal Cases: An Empirical Study, Andrew D. Leipold and Hossein A. Abbasi
The Inauthentic Claim, Anthony J. Sebok
The Incompatibility of Due Process and Naked Statistical Evidence, G. Alexander Nunn
The "Independent" Sector: Fee-for-Service Charity and the Limits of Autonomy, Lloyd H. Mayer
The Individualization Fallacy in Forensic Science Evidence, Michael J. Saks and Jonathan J. Koehler
The Inevitability of Aggregate Settlement: An Institutional Account of American Tort Law, Samuel Issacharoff and John F. Witt
The International Bank for Reconstruction and Development--A New Departure in International Finance, Robert L. Garner
The Investment Advisers Act of 1940, W.T. Mallison Jr.
The iPhone and the DMCA: Locking the Hands of Consumers, John Haubenreich
The Jim Crow Jury, Thomas W. Frampton
The Jurisdiction Canon, Aaron-Andrew P. Bruhl
The Language of Mens Rea, Matthew R. Ginther
The Law and Politics of Socially Inclusive Trade, Timothy Meyer
The Law of Genetic Privacy: Applications, Implications, and Limitations, Ellen Wright Clayton, Barbara J. Evans, James W. Hazel, and Mark A. Rothstein
The Law of Last Resort, Barry E. Adler
The Law of Trade Secrets: Toward a More Efficient Approach, Jon Chally
The Law School Matrix: Reforming Legal Education in a Culture of Competition and Conformity, Susan Sturm and Lani Guinier
The Lead Plaintiff Provisions of the PSLRA After a Decade, or "Look What's Happened to My Baby", Elliott J. Weiss
The Liability of Public Corporations in England and America, Stanley D. Rose
The Liberal Tradition of the Supreme Court Clerkship: Its Rise, Fall, and Reincarnation?, William E. Nelson, Harvey Rishikof, I. Scott Messinger, and Michael Jo
The (Limited) Constitutional Right to Compete in an Occupation, Rebecca Haw Allensworth
The Limited Diagnosticity of Criminal Trials, Dan Simon
The Litigation Budget, Jay Tidmarsch
The Management of Staff by Federal Court of Appeals Judges, Mitu Gulati and Richard A. Posner
The Market for Preclusion in Merger Litigation, Sean J. Griffith and Alexandra D. Lahav
The Marriage of the False Claims Act and the Freedom of Information Act: Parasitic Potential or Positive Synergy?, James R. Moncus, III
The Misappropriation of Trust Fund Taxes Under the Guise of Reasonable Cause, P. Prestin Weidner
The Missing Regulatory State: Monitoring Businesses in an Age of Surveillance, Rory V. Loo
The Muddled Duty to Disclose Under Rule 10b-5, Donald C. Langevoort and G. Mitu Gulati
The Nature and Purpose of Evidence Theory, Michael S. Pardo
The Neural Correlates of Third-Party Punishment, Owen D. Jones, Joshua Buckholtz, Christopher L. Asplund, Paul E. Dux, David H. Zald, John C. Gore, and Rene Marois
The New Commerce Clause Doctrine in Game Theoretical Perspective, Maxwell L. Stearns
The New Exit in Venture Capital, Darian M. Ibrahim
The New Face of Creationism: The Establishment Clause and the Latest Efforts to Suppress Evolution in Public Schools, Deborah A. Reule
The New Look of Shareholder Litigation: Acquisition-Oriented Class Actions, Robert B. Thompson and Randall S. Thomas
The (Not So) Puzzling Behavior of Angel Investors, Darian M. Ibrahim
Theology in the Jury Room: Religious Discussion as "Extraneous Material" in the Course of Capital Punishment Deliberations, Gregory M. Ashley
The Origins and Constitutionality of State Unit Voting in the Electoral College, Matthew J. Festa
The Origins (and Fragility) of Judicial Independence, Tara L. Grove
The Origins of Shared Intuitions of Justice, Owen D. Jones, Paul H. Robinson, and Robert Kurzban
The Origins of Shared Intuitions of Justice, Owen D. Jones, Paul H. Robinson, and Robert Kurzban
The Outer Limits of Gang Injunctions, Scott E. Atkinson
The Paradox of Family Privacy, David D. Meyer
The Passing of Palsgraf?, Ernest J. Weinrib
The Patent Option, Daniel J. Gervais
The Perils of Popularity: David Josiah Brewer and the Politics of Judicial Reputation, J. Gordon Hylton
The Pharmaceutical Industry and World Intellectual Property Standards, F. M. Scherer
The Political Economy of Corporate Exit, Susan S. Kuo and Benjamin Means
The Political Safeguards of Executive Privilege, David A. O'Neil
The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches, Adam M. Gershowitz
The Pragmatic Incrementalism of Common Law Intellectual Property, Shyamkrishna Balganesh
The Pregnancy Penalty, Jennifer Bennett Shinall
The Price of Silence: How the Griffin Roadblock and Protection Against Adverse Inference Condemn the Criminal Defendant, Kelsey Craig
The Public and Private Faces of Derivative Lawsuits, Robert B. Thompson and Randall S. Thomas
The Puzzle of Brandeis, Privacy, and Speech, Neil M. Richards
The Quasi-Class Action Method of Managing Multi-District Litigations: Problems and a Proposal, Charles Silver and Geoffrey P. Miller
Therapeutic Forgetting: The Legal and Ethical Implications of Memory Dampening, Adam J. Kolber
The Realities of Electoral Reform, Nicholas O. Stephanopoulos, Eric M. McGhee, and Steven Rogers
There Are Plaintiffs and ... There Are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements, James D. Cox, Randall S. Thomas, and Lynn Bai
The Reciprocity of Search, Tun-Jen Chiang
The Regulatory Contract in the Marketplace, Emily Hammond and David B. Spence
The Restatement of Torts and the Courts, Jack B. Weinstein
The Restatement (Third) and the Place of Duty in Negligence Law, John C.P. Goldberg and Benjamin C. Zipursky
The Revamped FISA: Striking a Better Balance Between the Government's Need to Protect Itself and the 4th Amendment, J. Christopher Champion
The Reviewability of the President's Statutory Powers, Kevin M. Stack
There Were Great Men Before Agamemnon, William R. Casto
The Right of Access: Is There a Better Fit than the First Amendment?, Amy Jordan
The Right Results for All the Wrong Reasons: An Historical and Functional Analysis of the Commerce Clause, Anna J. Cramer
The Right to Domain Silent: Rebalancing Tort Incentives to Keep Pace with Information Availability for Criminal Suspects and Arrestees, Laura K. McKenzie
The Right to Vote Under State Constitutions, Joshua A. Douglas
The Rise and Fall of Plausibility Pleading?, Adam N. Steinman
The Risks of Supreme Court Term Limits, Suzanna Sherry and Christopher Sundby
The Role of Opt-Outs and Objectors in Class Action Litigation: Theoretical and Empirical Issues, Theodore Eisenberg and Geoffrey Miller
The Role of Prosecutors in Serving Justice After Convictions, Fred C. Zacharias
The Search for Due Process in Civil Commitment Hearings: How Procedural Realities Have Altered Substantive Standards, Christyne E. Ferris
The SEC and the Broker-Dealer, Louis Loss
The Securities Black Market: Dark Pool Trading and the Need for a More Expansive Regulation ATS-N, Brian P. Baxter
The Shifting Tides of Merger Litigation, Matthew D. Cain, Jill Fisch, Steven Davidoff Solomon, and Randall S. Thomas
The Significance of Capital Surplus to the Investor, Charles E. Crouch
The Sins of Innocence in Standing Doctrine, Elise C. Boddie
The Stored Communications Act and Digital Assets, David Horton
The Strategic Use of Mexico to Restrict South American Access to the Diversity Visa Lottery, Jonathan H. Wardle
The Structural Implications of Inventors' Disclosure Obligations, Kevin E. Collins
The Supercharged IPO, Victor Fleischer and Nancy Staudt
The Supreme Court and the New Equity, Samuel L. Bray
The Supreme Court in Context: Conceptual, Pragmatic, and Institutional, Edward L. Rubin
The Tennessee Retailers' Sales Tax Act, Stanely D. Rose
The Theory of Enterprise Liability and Common Law Strict Liability, Gregory C. Keating
The Theory of Tort Doctrine and the Restatement (Third) of Torts, Keith N. Hylton
"The Threes": Re-Imagining Supreme Court Decisionmaking, Tracey E. George and Chris Guthrie
The Ties That Bind? Regionalism, Commercial Treaties, and the Future of Global Economic Integration, Chris Brummer
The Transparency Tax, Andrew K. Woods
The Trouble with Corporate Conscience, James D. Nelson
The Trouble With Negligence, Kenneth S. Abraham
The Troubling Influence of Equality in Constitutional Criminal Procedure: From Brown to Miranda, Furman and Beyond, Scott W. Howe
The Unconstitutionality of "Hold Until Cleared": Reexamining Material Witness Detentions in the Wake of the September 11th Dragnet, Ricardo J. Bascuas
The Unexpected Persistence of Negligence, 1980-2000, G. Edward White
The Untold Story of the Rest of the Americans with Disabilities Act, Michael Waterstone
The Untouchables: Private Military Contractors' Criminal Accountability under the UCMJ, Katherin J. Chapman
The Use of Legislative History in a System of Separated Powers, Jonathan R. Siegel
The Use of Legislative History in a System of Separated Powers, Putting Legislative History to a Vote: A Response to Professor Siegel, Timing and Delegation: A Reply, Jonathan R. Siegel
The Violation of a Municipal Ordinance As a Crime, Stanley D. Rose
The Waiting Game: How States Can Solve the Organ-Donation Crisis, Meredith M. Havekost
The Wine Is in the Mail: The Twenty-first Amendment and State Laws Against the Direct Shipment of Alcoholic Beverages, Russ Miller
They, Them, and Theirs, Jessica Clarke
Thinking About the Supreme Court's Successes and Failures, Erwin Chemerinsky
Threading the Needle: Resolving the Impasse Between Equal Protection and Section 5 of the Voting Rights Act, Lindsay R. Errickson
Three Supreme Court "Failures" and a Story of Supreme Court Success, Corinna B. Lain
Tilling the Cram Down Landscape: Using Securitization Data to Expose the Fundamental Fallacies of "Till", Matthew H. O'Brien
Time-Shifted Rationality and the Law of Law's Leverage: Behavioral Economics Meets Behavioral Biology, Owen D. Jones
Timing and Delegation: A Reply, Jonathan R. Siegel
To Have and Not Hold: Applying the Discovery Rule to Loss of Consortium Claims Stemming from Premarital, Latent Injuries, Paul D. Fancher
Too-Big-to-Fail Shareholders, Yesha Yadav
Toothless HIPAA: Searching for a Private Right of Action to Remedy Privacy Rule Violations, Joshua D.W. Collins
Topic Modeling the President: Conventional and Computational Methods, J.B. Ruhl, John Nay, and Jonathan Gilligan
Toward a Definitive History of Griggs v. Duke Power Co., David J. Garrow
Toward a New Federalism in State Civil Justice: Developing a Uniform Code of State Civil Procedure Through a Collaborative Rule-Making Process, Glenn S. Koppel
Toward a RFRA That Works, Nicholas Nugent
Toward Fundamental Fairness in the Kangaroo Courtroom: The Due Process Case Against Statutes Presumptively Closing Juvenile Proceedings, Stephen E. Oestreicher Jr.
Towards an Establishment Theory of Gay Personhood, Jeffrey A. Kershaw
To What Extent Does the Privilege against Self-Incrimination Protect an Accused from Physical Disclosures, Elizabeth M. Mann and Thomas A. Thomas
To What Extent Does the Privilege against Self-Incrimination Protect a Witness against Forced Production of Documents, Herschiel S. Barnes and Charles K. Cosner
Trade and the Separation of Powers, Timothy Meyer and Ganesh Sitaraman
Trademarked for Death? A Licensee's Trademark Rights After an Executory Contract Is Rejected in Bankruptcy, Philip L. Lu
Trafficked in Texas: Combatting the Sex-Trafficking Epidemic Through Prostitution Law and Sentencing Reform in the Lone Star State, Madison T. Santana
Transforming the Allocation of Deal Risk Through Reverse Termination Fees, Afra Afsharipour
Trial Rights and Psychotropic Drugs: The Case Against Administering Involuntary Medications to a Defendant During Trial, Dora W. Klein
Tribute: Elizabeth Chitwood, Jessica L. Haushalter
Trimming the "Judicial Oak": Rule 10b5-2(b)(1), Confidentiality Agreements, and the Proper Scope of Insider Trading Liability, Ryan M. Davis
Truths We Must Tell Ourselves to Manage Climate Change, Robert H. Socolow
TVA: A Democratic Method for the Development of a Region's Resources, Gordon R. Clapp
Two Wrongs Don't Make a Right: Medicaid, Section 1983 and the Cost of an Enforceable Right to Health Care, Mark A. Ison
Unconstitutional Perpetual Trusts, Steven J. Horowitz and Robert H. Sitkoff
Uncovering the Silent Victims of the American Medical Liability System, Joanna Shepherd
Undemocratic Restraint, Fred O. Smith, Jr.
Understanding Causation in Private Securities Lawsuits: Building on Amgen, James D. Cox
Understanding Change in International Organizations: Globalization and Innovation in the ILO, Laurence R. Helfer
Undocumented Workers and Concepts of Fault: Are Courts Engaged in Legitimate Decisionmaking?, Christine N. Cimini
Unfit to Serve: Permanently Barring People from Serving as Officers and Directors of Publicly Traded Companies After the Sarbanes-Oxley Act, Philip F.S. Berg
Unincorporated, Unprotected: Religion in an Established State, Kathryn E. Komp
Unloved: Tort in the Modern Legal Academy, John C.P. Goldberg
Unpacking the Force of Law, Kristin E. Hickman
Unreliable Securities for Retirement Income Security: Certifying the ERISA Stock-Drop Class, Lauren N. Fromme
Urine Trouble! Extending Constitutionality to Mandatory Suspicionless Drug Testing of Students in Extracurricular Activities, James M. McCray
Visa as Property, Visa as Collateral, Eleanor Marie L. Brown
Voting Squared: Quadratic Voting in Democratic Politics, Eric A. Posner and E. Glen Weyl
War and American Constitutional Order, Mark E. Brandon
Warning: May Cause Warming, Marcy N. Moody
Warping the Rules: How Some Courts Misapply Generic Evidentiary Rules to Exclude Polygraph Evidence, John C. Bush
Wealth-Based Penal Disenfranchisement, Beth A. Colgan
We Can Do Better: Anti-Homeless Ordinances as Violations of State Substantive Due Process Law, Andrew J. Liese
What Are We Reforming? Tort Theory's Place in Debates Over Malpractice Reform, John C.P. Goldberg
What Employees Say, or What Employers Do: How Post-Cleveland Decisions Continue to Obscure Discrimination, Lauren Lowe
What is Extreme Cruelty? Judicial Review of Deportation Cancellation Decisions for Victims of Domestic Abuse, Anna Byrne
What Should We Do About Multijurisdictional Litigation in M&A Deals?, Randall S. Thomas
What's in a Song? Copyright's Unfair Treatment of Record Producers and Side Musicians, Gabriel J. Fleet
What's So Bad About Delaware?, David A. Skeel, Jr.
What's Wrong with Langdell's Method, and What to Do About It, Edward Rubin
When a Promise Isn't a Promise: Public Employers' Ability to Alter Pension Plans of Retired Employees, Gavin Reinke
When Courts Make Law: How the International Criminal Tribunals Recast the Laws of War, Allison M. Danner
When One Parent Goes and the Other Parent Stays: The Inconsistency and Inequity of Guaranteeing Absent Parents Permanent Parental Rights, Wendee M. Hilderbrand
Whither the Race? A Comment on the Effects of the Delawarization of Corporate Reorganizations, Robert K. Rasmussen and Randall S. Thomas
Who Knows What, and When?: A Survey of the Privacy Policies Proffered by U.S. Direct-to-Consumer Genetic Testing Companies, Christopher Slobogin and James W. Hazel
Who's Patenting What? An Empirical Exploration of Patent Prosecution, John R. Allison and Mark A. Lemley
Why a Board? Group Decisionmaking in Corporate Governance, Stephen M. Bainbridge
Why Are Delaware and New York Bankruptcy Reorganizations Failing?, Lynn M. LoPucki and Joseph W. Doherty
Why Are Seemingly Satisfied Female Lawyers Running for the Exits? Resolving the Paradox Using National Data, Joni Hersch and Erin E. Meyers
Why Ratify? Lessons from Treaty Ratification Campaigns, Uta Oberdorster
Will Aggregate Litigation Come to Europe?, Samuel Issacharoff and Geoffrey P. Miller
William Johnson, the Dog That Did Not Bark?, Mark R. Killenbeck
Will Tenure Voting Give Corporate Managers Lifetime Tenure?, Paul H. Edelman, Randall S. Thomas, and Wei Jiang
Winding Back "Wayfair": Retaining the Physical Presence Rule for State Income Taxation, Nathan Townsend
With All Deliberate Speed: Civil Human Rights Litigation as a Tool for Social Change, Michael Heise
"Workers of God": The Holy See's Liability for Clerical Sexual Abuse, Jacob W. Neu
Working at the Boundaries of Markets: Prison Labor and the Economic Dimension of Employment Relationships, Clare Huntington
You Get What You Pay For: An Empirical Examination of the Use of MTurk in Legal Scholarship, Adriana Z. Robertson and Albert H. Yoon
Your Right to Look Like an Ugly Criminal: Resolving the Circuit Split over Mug Shots and the Freedom of Information Act, Cameron T. Norris