Submissions from 2005
The Futility of Appeal: Disciplinary Insights into the "Affirmance Effect" on the United States Courts of Appeals, Chris Guthrie and Tracey E. George
Can Judges Ignore Inadmissible Information? The Difficulty of Deliberately Disregarding, Chris Guthrie and Andrew J. Wistrich
Waging War: Japan's Constitutional Constraints, John O. Haley
Law and Behavioral Biology, Owen D. Jones and Timothy H. Goldsmith
Judicial Oversight of Negotiated Sentences in a World of Bargained Punishment, Nancy J. King
Jury Sentencing in Non-Capital Cases: Comparing Severity and Variance with Judicial Sentences in Two States, Nancy J. King and Rosevelt L. Noble
Appeal Waivers and the Future of Sentencing Policy, Nancy J. King and Michael E. O'Neill
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
Enforcing State Law in Congress's Shadow, Robert A. Mikos
Constructing Reality: Social Science and Race Cases, Beverly I. Moran
The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton
Choice of Law for Internet Transactions: The Uneasy Case for Online Consumer Protection, Erin O'Connor
Victim Participation in the Criminal Process, Erin O'Connor
Moving Public Law Out of the Deference Trap in Regulated Industries, Jim Rossi
Political Bargaining and Judicial Intervention in Constitutional and Antitrust Federalism, Jim Rossi
The New Frontier of State Constitutional Law, Jim Rossi and James A. Gardner
Empirical Measures of Judicial Performance: An Introduction to the Symposium, Jim Rossi and Steven G. Gey
The Myth of Accountability and the Anti-Administrative Impulse, Edward L. Rubin
Regulation by Adaptive Management--Is It Possible?, J.B. Ruhl
Toward a Common Law of Ecosystem Services, J.B. Ruhl
Symposium: International Legal Dimensions of Art and Cultural Property, Jeffrey Schoenblum
The Meaning of Value: Assessing Just Compensation for Regulatory Takings, Christopher Serkin
Politics and Judgment, Suzanna Sherry
Mental Disorder as an Exemption from the Death Penalty: The ABA-IRR Task Force Recommendations, Christopher Slobogin
Subpoenas and Privacy, Christopher Slobogin
The Civilization of the Criminal Law, Christopher Slobogin
Transaction Surveillance by the Government, Christopher Slobogin
The Statutory President, Kevin M. Stack
Effectively Ineffective: The Failure of Courts to Address Underfunded Indigent Defense Systems, Lauren D. Sudeall
What is Corporate Law's Place in Promoting Societal Welfare?: An Essay in Honor of Professor William Klein, Randall Thomas
Is U.S. CEO Compensation Inefficient Pay Without Performance?, Randall Thomas, John E. Core, and Wayne Guay
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
Public and Private Enforcement of the Securities Laws: Have Things Changed Since Enron?, Randall Thomas and James D. Cox
Corporate Voting and the Takeover Debate, Randall Thomas and Paul H. Edelman
Order Without Social Norms: How Personal Norm Activation Can Protect the Environment, Michael P. Vandenbergh
The Individual as Polluter, Michael P. Vandenbergh
The Private Life of Public Law, Michael P. Vandenbergh
Recollection Bias and the Combat of Terrorism, W. Kip Viscusi and Richard J. Zeckhauser
Authorizations for the Use of Force, International Law, and the "Charming Betsy" Canon, Ingrid Wuerth
Submissions from 2004
Reforming Corporate Governance: What History Can Teach Us, Margaret M. Blair
Judicial Review of Agency Inaction: An Arbitrariness Approach, Lisa Schultz Bressman
Other Disciplines, Methodologies, and Countries: Studying Courts and Crisis, Tracey E. George
Induced Litigation, Tracey E. George and Chris Guthrie
Damages: Using a Case Study to Teach Law, Lawyering, and Dispute Resolution, Chris Guthrie
Insights from Cognitive Psychology, Chris Guthrie
Principles of Influence in Negotiation, Chris Guthrie
Risk Realization, Emotion, and Policy Making, Chris Guthrie
Understanding Settlement in Damages (and Beyond), Chris Guthrie
Induced Litigation, Chris Guthrie and Tracey E. George
Heuristics and Biases at the Bargaining Table, Chris Guthrie and Russell Korobkin
The Impact of the Impact Bias on Negotiation, Chris Guthrie and David Sally
Punitive Damages: How Judges and Juries Perform, Joni Hersch and W. Kip Viscusi
Law, Evolution, and the Brain: Applications and Open Questions, Owen D. Jones
How Different is Death? Jury Sentencing in Capital and Non-Capital Cases Compared, Nancy J. King
Beyond Blakely, Nancy J. King and Susan Riva Klein
Felony Jury Sentencing in Practice: A Three-State Study, Nancy J. King and Rosevelt L. Noble
United States' Trade Policy and the Exportation of United States' Culture, Beverly I. Moran
Apology and Thick Trust: What Spouse Abusers and Negligent Doctors Might Have in Common, Erin O'Connor
Endangered Species Act Innovations in the Post-Babbittonian Era--Are There Any?, J.B. Ruhl
Past, Present, and Future Trends of the Endangered Species Act, J.B. Ruhl
Prescribing the Right Dose of Peer Review for the Endangered Species Act, J.B. Ruhl
Taking Adaptive Management Seriously: A Case Study of the Endangered Species Act, J.B. Ruhl
The Battle Over Endangered Species Act Methodology, J.B. Ruhl
The Myth of What is Inevitable Under Ecosystem Management: A Response to Pardy, J.B. Ruhl
Public Ruses, Christopher Serkin and James E. Krier
Hard Cases Make Good Judges, Suzanna Sherry
Warning: Labeling Constitutions May Be Hazardous to Your Regime, Suzanna Sherry
What's Law Got to Do With It?, 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
Teaching a Course on Regulation of the Police (With a Special Focus on the Sixth Amendment), Christopher Slobogin
The Divergence of Constitutional and Statutory Interpretation, Kevin M. Stack
Recent Case, Ex parte Hodges, Lauren D. Sudeall
Explaining The International CEO Pay Gap: Board Capture Or Market Driven?, Randall Thomas
The Increasing Role of Empirical Research in Corporate Law Scholarship, Randall Thomas
The Globalization (Americanization?) of Executive Pay, Randall Thomas and Brian R. Cheffins
The Public and Private Faces of Derivative Lawsuits, Randall S. Thomas and Robert B. Thompson
The New Look of Shareholder Litigation: Acquisition-Oriented Class Actions, Randall Thomas and Robert B. Thompson
From Smokestack to SUV: The Individual as Regulated Entity in the New Era of Environmental Law, Michael P. Vandenbergh
The Blockbuster Punitive Damages Awards, W. Kip Viscusi
The Denominator Blindness Effect: Accident Frequencies and the Misjudgment of Recklessness, W. Kip Viscusi
The Value of Life: Estimates with Risks by Occupation and Industry, W. Kip Viscusi
The President's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War, Ingrid Wuerth
Submissions from 2003
Director's Duties in a Post-Enron World: Why Language Matters, Margaret M. Blair
Locking in Capital: What Corporate Law Achieved for Business Organizers in the Nineteenth Century, Margaret M. Blair
The Economics of Post-September 11 Financial Aid to Airlines, Margaret M. Blair
Beyond Accountability: Arbitrariness and Legitimacy in the Administrative State, Lisa Schultz Bressman
Changing Scientific Evidence, Edward K. Cheng
The Dimension of the Supreme Court, Paul H. Edelman
Judicial Independence and the Ambiguity of Article III Protections, Tracey E. George
The Federal Court System: A Principal-Agent Perspective, Tracey E. George and Albert H. Yoon
Spiritual But Not Intellectual? The Protection of Sacred Intangible Traditional Knowledge, Daniel J. Gervais
Fragmented Copyright, Fragmented Management: Proposals to Defrag Copyright Management, Daniel J. Gervais and Alana Maurushat
Panacea or Pandora's Box?: The Costs of Options in Negotiation, Chris Guthrie
Prospect Theory, Risk Preference, and the Law, Chris Guthrie
The New Labor Market for Lawyers: Will Female Lawyers Still Earn Less?, Joni Hersch
Filling in the ‘Larger Puzzle’: Clinical Scholarship in the Wake of The Lawyering Process, Susan L. Kay, Frank Bloch, Susan L. Brooks, and Alex J. Hurder
The Origins of Felony Jury Sentencing in the United States, Nancy J. King
A View from the Trenches, Michael A. Newton