Submissions from 2021
Reversing the Fortunes of Active Funds, Adi Libson and Gideon Parchomovsky
The Corporate Governance Machine, Dorothy S. Lund and Elizabeth Pollman
Corporate Crime and Punishment: An Empirical Study, Dorothy S. Lund and Natasha Sarin
Race, Sexual Citizenship, and the Constitution of Nonmarital Motherhood, Serena Mayeri
The State of Illegitimacy after the Rights Revolution, Serena Mayeri
Insolvency Law as Credit Enhancement and Enforcement Mechanism : A Closer Look at Global Modernization of Secured Transactions Laws, Charles Mooney
The Future of Felon Disenfranchisement Reform: Evidence from the Campaign to Restore Voting Rights in Florida, Michael Morse
Who Votes Without Identification? Using Individual-Level Administrative Data to Measure the Burden of Strict Voter Identification Laws, Michael Morse, Phoebe Henninger, and Marc Meredith
The racial burden of voter list maintenance errors: Evidence from Wisconsin’s supplemental movers poll booksWisconsin’s supplemental movers poll books, Michael Morse, Gregory Huber, Marc Meredith, and Katie Steele
Before and After Hinckley: Legal Insanity in the United States, Stephen J. Morse
The Insanity Defense, Stephen J. Morse
The Structure, Function, and Future of Mental Health Law, Stephen J. Morse
The Search for Clarity in an Attorney's Duty to Google, Michael Thomas Murphy
Civil vs. Criminal Legal Aid, Shaun Ossei-Owusu
Criminal Legal Education, Shaun Ossei-Owusu
Kangaroo Courts, Shaun Ossei-Owusu
Police Quotas, Shaun Ossei-Owusu
Racial Revisionism, Shaun Ossei-Owusu
Velvet Rope Discrimination, Shaun Ossei-Owusu
The Racial Reckoning of Public Interest Law, Shaun Ossei-Owusu and Atinuke Adediran
Corporate Personhood and Limited Sovereignty, Elizabeth Pollman
Corporate Social Responsibility, ESG, and Compliance, Elizabeth Pollman
The History and Revival of the Corporate Purpose Clause, Elizabeth Pollman
The Supreme Court and the Pro-Business Paradox, Elizabeth Pollman
Corporate purpose and personhood: an introduction, Elizabeth Pollman and Robert B. Thompson
Research Handbook on Corporate Purpose and Personhood, Elizabeth Pollman and Robert B. Thompson
Delaware Harmonizes Alternative Entity Series and UCC Article 9, Norman Powell
Contracting COVID: Private Order and Public Good (Standstills), Norman Powell and Jonathan C. Lipson
1749-1754: Race and the Enlightenment, Dorothy E. Roberts
Keynote: How I Became a Family Policing Abolitionist, Dorothy E. Roberts
Race, Dorothy E. Roberts
Criminal Law: Case Studies & Controversies, Paul H. Robinson, Michael Cahill, and Shima Baradaran Baughman
Indoctrination and Social Influence as a Defense to Crime: Are We Responsible for Who We Are?, Paul H. Robinson and Lindsay Holcomb
How Criminal Code Drafting Form Can Restrain Prosecutorial and Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, and Muhammad Sarahne
After the Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson and Muhammad Sarahne
Mirror, Mirror, on the Wall: Disney Princesses’ Reflections of Equal Protection, Kermit Roosevelt III and Abigail Tootell
Prosecuting Civil Asset Forfeiture on Contingency Fees: Looking for Profit in All the Wrong Places, Louis S. Rulli
How to Surf the Labor Disruption Tsunami, Amanda M. Runyon, Cynthia Brown, and Caroline Nevin
Sustaining Lawyers, Seema Saifee
Rationing, racism and justice: advancing the debate around ‘colourblind’ COVID-19 ventilator allocation, Harald Schmidt, Dorothy E. Roberts, and Nwamaka D. Eneanya
Sequential organ failure assessment, ventilator rationing and evolving triage guidance: new evidence underlines the need to recognise and revise, unjust allocation frameworks, Harald Schmidt, Dorothy E. Roberts, and Nwamaka D. Eneanya
Transition Administration, Katherine Shaw and Michael Herz
A Podcast of One's Own, Katherine Shaw, Leah Litman, and Melissa Murray
Disabled Perspectives on Legal Education: Reckoning and Reform, Lilith A. Siegel and Karen Tani
Equal Protection and Abortion: Brief of Equal Protection Constitutional Law Scholars Serena Mayeri, Melissa Murray, and Reva Siegel as Amici Curiae in Support of Respondents in Dobbs v. Jackson Women's Health Organization, Reva Siegel, Melissa Murray, and Serena Mayeri
Built on Borders? Tensions with the Institution Liberalism (Thought It) Left Behind, Beth A. Simmons and Hein E. Goemans
Central Counterparties Insolvency and Resolution in the United States: Managing a Clearinghouse Failure, David Skeel
Bankruptcy for Banks: A Tribute (and Little Plea) to Jay Westbrook, David A. Skeel Jr.
Pandemic Hope for Chapter 11 Financing, David A. Skeel Jr.
Taking Stock of Chapter 11, David A. Skeel Jr.
The Corporation as Trinity, David A. Skeel Jr.
Bankruptcy, David Skeel, Daniel J. Bussel, and Michelle M. Harner
Restoration: The Role Stakeholder Governance Must Play in Recreating a Fair and Sustainable American Economy A Reply to Professor Rock, Leo E. Strine Jr.
Lifting Labor’s Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, Leo E. Strine Jr., Aneil Kovvali, and Oluwatomi O. Williams
Caremark and ESG, Perfect Together: A Practical Approach to Implementing an Integrated, Efficient, and Effective Caremark and EESG Strategy, Leo E. Strine Jr., Kirby M. Smith, and Reilly S. Steel
Compensation, Commodification, and Disablement: How Law Has Dehumanized Laboring Bodies and Excluded Nonlaboring Humans, Karen M. Tani
Servotronics, Inc. v. Rolls-Royce PLC and The Boeing Company: Brief of Professor Yanbai Andrea Wang as Amicus Curiae in Support of Neither Party, Yanbai Andrea Wang and Michael H. McGinley
Rethinking Grid Governance for the Climate Change Era, Shelley Welton
Revamping Public Energy, Shelley Welton
The Bounds of Energy Law, Shelley Welton
The States that Opted Out: Politics, Power, and Exceptionalism in the Quest for Electricity Deregulation in the United States South, Shelley Welton and Connor Harrison
Appreciating the Overlooked Contributions of the New Harvard School, Christopher S. Yoo
Self-Actualization and the Need to Create as a Limit on Copyright, Christopher S. Yoo
The First Amendment, Common Carriers, and Public Accommodations: Net Neutrality, Digital Platforms, and Privacy, Christopher S. Yoo
What Is the Relationship Between Language and Thought?: Linguistic Relativity and its Implications for Copyright, Christopher S. Yoo
Internet Connectivity Among Indigenous and Tribal Communities in North America - A Focus on Social and Educational Outcomes, Christopher S. Yoo, Leon Gwaka, and Muge Haseki
Due Process in Antitrust Enforcement: Normative and Comparative Perspectives, Christopher S. Yoo, Yong Huang, Thomas Fetzer, and Shan Jiang
Privacy vs. Transparency: Handling Protected Materials in Agency Rulemaking, Christopher S. Yoo and Kellen McCoy
Privacy in the Age of Contact Tracing: An Analysis of Contact Tracing Apps in Different Statutory and Disease Frameworks, Christopher S. Yoo and Apratim Vidyarthi
Submissions from 2020
COVID and Crime: An Early Empirical Look, David S. Abrams
Implicit Communication and Enforcement of Corporate Disclosure Regulation, Ashiq Ali, Michael T. Durney, Jill E. Fisch, and Hoyoun Kyung
Angela Davis, Anita Allen
What is Privacy?, Anita L. Allen
Algorithmic Governance and Administrative Law, Steven M. Appel and Cary Coglianese
The Saga of Pennsylvania’s “Willie Horton” and the Commutation of Life Sentences in the Commonwealth, Regina Austin
Copyright As Legal Process: The Transformation of American Copyright Law, Shyamkrishna Balganesh
Privative Copyright, Shyamkrishna Balganesh
The Use of Technical Experts in Software Copyright Cases: Rectifying the Ninth Circuit’s “Nutty” Rule, Shyamkrishna Balganesh and Peter Menell
Constitutional Law, Mitchell N. Berman
Faith, Law, and Love: Peg Brinig's Legacy, Stephanos Bibas
The Pros and Cons of Plea Bargaining, Stephanos Bibas, Gregory Brower, Carissa Byrne Hessick, and Clark Neily
A Tale of Two Markets: Regulation and Innovation in Post-Crisis Mortgage and Structured Finance Markets, William W. Bratton and Adam J. Levitin
Corporate Law and the Myth of Efficient Market Control, William W. Bratton and Simone Sepe
Fiduciary Law and the Preservation of Trust in Business Relationships, Brian J. Broughman, Elizabeth Pollman, and D. Gordon Smith
Politics, Identity, and Class Certification on the U.S. Courts of Appeals, Stephen B. Burbank and Sean Farhang
Parenting Coordination and Confidentiality: A (Not-so) Delicate Balance, Debra K. Carter and Douglas N. Frenkel
Commercial Law Intersections, Giuliano Castellano and Andrea Tosato
Conclusion: Law as Scapegoat, Cary Coglianese
Deploying Machine Learning for a Sustainable Future, Cary Coglianese
Environmental Soft Law as a Governance Strategy, Cary Coglianese
Illuminating Regulatory Guidance, Cary Coglianese
Regulatory Abdication in Practice, Cary Coglianese
The Law and Economics of Risk Regulation, Cary Coglianese
Social Science and the Analysis of Environmental Policy, Cary Coglianese and Shana Starobin
Management-Based Regulation, Cary Coglianese and Shana M. Starobin
Litigating EPA Rules: A Fifty-Year Retrospective of Environmental Rulemaking in the Courts, Cary Coglianese and Daniel E. Walters
Whither the Regulatory “War on Coal”? Scapegoats, Saviors, and Stock Market Reactions, Cary Coglianese and Daniel E. Walters
Transactional Scripts in Contract Stacks, Shaanan Cohney and David A. Hoffman
The Proof is in the Process: Self-Reporting Under International Human Rights Treaties, Cosette D. Creamer and Beth A. Simmons
Reviewing Inter Partes Review Five Years In: The View From University Technology Transfer Offices, Cynthia L. Dahl