Content Posted in 2015 | Penn Law: Legal Scholarship Repository | University of Pennsylvania Law School Research

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Content Posted in 2015

ABC on the Books and in the Courts: An Analysis of Recent Independent Contractor and Misclassification Statutes, Anna Deknatel and Lauren Hoff-Downing

Abolition of the Insanity Defense Violates Due Process, Stephen J. Morse and Richard J. Bonnie

A Conversation on the Nature, Effects, and Future of Affirmative Action in Higher Education Admissions, Peter Arcidiacono, Thomas Espenshade, Stacy Hawkins, and Richard Sander

Addiction, Choice and Criminal Law, Stephen J. Morse

A Dose of Reality for Specialized Courts: Lessons from the VICP, Nora Freeman Engstrom

A Framework for a Formal Sovereign Debt Restructuring Mechanism: The KISS Principle (Keep It Simple, Stupid) and Other Guiding Principles, Charles W. Mooney Jr.

Against Regulatory Displacement: An Institutional Analysis of Financial Crises, Jonathan C. Lipson

A Good Enough Reason: Addiction, Agency and Criminal Responsibility, Stephen J. Morse

A Hidden Statutory Bar to Private Causes of Action for Breaches of the WTO's Agreement on Government Procurement, Major Daniel E. Schoeni

A Human Rights Framework for Debt Relief, Chrystin Ondersma

A Market-Oriented Analysis of the 'Terminating Access Monopoly' Concept, Jonathan E. Nuechterlein and Christopher S. Yoo

A National Study of Access to Counsel in Immigration Court, Ingrid V. Eagly and Steven Shafer

A New Digital Divide? Considering the Implications of Riley v. California's Warrant Mandate for Cell Phone Searches, George M. Dery III and Kevin Meehan

An Inconvenient Truth: How Forum Non Conveniens Doctrine Allows Defendants to Escape State Court Jurisdiction, Brian J. Springer

Announcement for Center for Technology, Innovation and Competition Workshop Series: Ben Depoorter (04/08/2015)

Announcement of 2015 Keedy Cup (1/22/15)

Announcement of 54th Annual Owen J. Roberts Memorial Lecture (02/11/2015)

Announcement of An Exclusive Screening of "The Future of Interrogation: National Security in 21st Century Conflict" (3/3/15)

Announcement of Asian Pacific American Law Student Association Conference: "Crescendo: Amplifying the Asian-American Voice" (1/31/15)

Announcement of Black Law Student Association 27th Annual Sadie T.M. Alexander Commemorative Conference (1/24/15)

Announcement of Center for Asian Law Conference: "Earthquakes, Nuclear Meltdowns, and Chemical Spills: Legal Responses to Disasters in the US and Asia" (11/20/15)

Announcement of Center for Asian Law Conference Keynote Address: Kenneth Feinberg, "Unconventional Responses to Unique Catastrophes: Tailoring the Law to Meet the Challenges" (11/19/15)

Announcement of Center for Ethics and the Rule of Law Conference Keynote Panel Discussion: "Mental Health Injury as a Cost of War" (12/4/15)

Announcement of Center for Ethics and the Rule of Law presents Sarah Chayes: “Counterproductive Coalitions” (04/15/2015)

Announcement of Center for Technology, Innovation and Competition Lunchtime Speaker Series: Peter Detkin (04/09/2015)

Announcement of Center for Technology, Innovation and Competition Privacy Conference “Taking Responsibility for One’s Own Data Privacy and Security–Is it Possible, and How?” (04/24/2015)

Announcement of Center for Technology, Innovation and Competition Workshop Series: Robert D. Cooter (2/12/15)

Announcement of Center for Technology, Innovation and Competition Workshop Series: "The Public Information Fallacy" (3/23/15)

Announcement of "Corruption and International Arbitration" (04/09/2015)

Announcement of Dean’s Distinguished Speaker Series: Ivan Simonovic, UN Assistant Secretary General for Human Rights (10/5/2015)

Announcement of Entertainment and Sports Law Society Conference (2/13/15)

Announcement of FCC Commissioner Jessica Rosenworcel: "The Digital and Mobile Future" (04/22/2015)

Announcement of Fireside Chat: Ambassador Žygimantas Pavilionis of Lithuania (04/08/2015)

Announcement of Fireside Chat: Hon. Naheed Farid, youngest member of the Afghan Parliament (04/17/2015)

Announcement of Fireside Chat: Roya Hakakian and Professor Kermit Roosevelt (03/24/15)

Announcement of "Full Disclosure: An Evening with Michael Morton" (3/3/15)

Announcement of "How the Government Can Help Promote Social Entrepreneurship" (04/16/2015)

Announcement of "Innovations in Litigation: Equal Protection Lawmaking in India" (11/13/15)

Announcement of Institute for Law and Economics Law and Entrepreneurship Lecture (2/17/13)

Announcement of Institute for Law & Economics Distinguished Jurist Lecture: Vice Chancellor John W. Noble (03/19/2015)

Announcement of "Iran’s Nuclear Chess: After the Deal" (9/17/2015)

Announcement of Jonathan Adler and Eric J. Segall: "Text vs. Context: King v. Burwell and the Future of the ACA" (3/2/15)

Announcement of Kent A. Jordan: "Come Now, and Let Us Reason Together" (2/24/15)

Announcement of Law & Entrepreneurship Lecture with Steven M. Cohen (11/11/15)

Announcement of Legal History Consortium Speaker Series: Michelle McKinley (04/09/2015)

Announcement of Owen J. Roberts Memorial Lecture with Larry Kramer (2/11/15)

Announcement of Panel on Protectability of Software co-hosted with SEAS and PCI

Announcement of Penn Lamdba Law Symposium (2/19/15)

Announcement of Penn Program on Regulation: "Tackling Tobacco: Lessons in Regulatory Leadership" (03/19/2015)

Announcement of Public Interest Week (2/23/15-2/28/15)

Announcement of "Punitive Injunctions: A Conversation About Civil Incarceration and the Right to Counsel" (04/16/2015)

Announcement of "Rejecting the Lochner Bogeyman: The Reemergence of Economic Liberty" (9/15/2015)

Announcement of Reproductive Rights Weekend (2/13-14/15)

Announcement of Risk Regulation Seminar: "Climate Change Policy and the Upcoming Paris COP21 Talks" (03/24/15)

Announcement of "Risks and Regulatory Challenges of Unconventional Oil and Gas Development" (2/3/15)

Announcement of "Structuring and Protecting your Business for Growth" (04/09/2015)

Announcement of the 2015 Caroline Zelaznik Gruss and Joseph S. Gruss Lecture in Talmudic Civil Law: Shahar Lifshitz (11/3/15)

Announcement of the 2015 Haaga Lecture (03/02/2015)

Announcement of the 2015 Leon C. and June W. Holt Lecture in International Law (9/30/2015)

Announcement of "The Challenges Facing the ICC: The Africa Question" (10/28/15)

Announcement of "The Future of Iraq: A Fractured Nation and A Refugee Crisis" (04/10/2015)

Announcement of "The Hollow Hope Revisited: Same-Sex Marriage and the Politics of Judicial Decision-Making" (04/15/2015)

Announcement of "The School-to-Prison Pipeline, Youth Courts, and Systems Change" (9/11/2015)

Announcement of "U.S. Response to Throwaway Children: From Orphan Trains to the Current Migrant Crisis" (2/9/15)

Announcement of Zainab Hawa Bangura: "Sexual Violence and Trauma in Conflict: Rethinking the Cost of War" (12/3/15)

A No-Tribunal SDRM and the Means of Binding Creditors to the Terms of a Restructuring Plan, Charles W. Mooney Jr.

Antitrust in Zero-Price Markets: Foundations, John M. Newman

Attaching Criminal Liability to Credit Rating Agencies: Use of the Corporate Ethos Theory of Criminal Liability, Nan S. Ellis and Steven B. Dow

Behavioral International Law, Tomer Broude

Beyond Gilson: The Art of Business Lawyering, Praveen Kosuri

Big Data and Predictive Reasonable Suspicion, Andrew Guthrie Ferguson

Biopolitics and Reproductive Justice: Fertility Policies Between Women's Rights and State and Community Interests, GIla Stopler

Blowing the Whistle on Consumer Financial Abuse, David Cooper

Bounties for Bad Behavior: Rewarding Culpable Whistleblowers Under the Dodd-Frank Act and Internal Revenue Code, Jennifer M. Pacella

Child Well-Being in Context, Tara Grigg Garlinghouse and Scott Trowbridge

Choice of Law in Fraudulent Joinder Litigation, Walter Simons

Class Actions and the Counterrevolution Against Federal Litigation, Stephen B. Burbank and Sean Farhang

Commentary: Reflections on Remorse, Stephen J. Morse

Comptroller v. Wynne: Internal Consistency, a National Marketplace, and Limits on State Sovereignty to Tax, Michael S. Knoll and Ruth Mason

Comptroller v. Wynne: Internal Consistency, a National Marketplace, and Limits on State Sovereignty to Tax, Michael S. Knoll and Ruth Mason

Contemporary Contextual Analysis: Accounting for Changed Factual Conditions Under the Equal Protection Clause, Sean G. Williamson

Converging Systems: How Changes in Fact and Law Require a Reassessment of Suppression in Immigration Proceedings, Elizabeth L. Young

Conviction Review Units: A National Perspective, John Hollway

Copyright and Good Faith Purchasers, Shyamkrishna Balganesh

Corporate Bias in the World Bank Group’s International Centre for Settlement of Investment Disputes: A Case Study of a Global Mining Corporation Suing El Salvador, Robin Broad

Corporate Law Doctrine and the Legacy of American Legal Realism, Edward B. Rock

Corporate Law Doctrine and the Legacy of American Legal Realism, Edward B. Rock

Counterfeiting in China, Daniel C. Fleming

Court Competition for Patent Cases, J. Jonas Anderson

Criminal Law and Common Sense: An Essay on the Perils and Promise of Neuroscience, Stephen J. Morse

Critical Mass and the Paradox of Colorblind Individualism in Equal Protection, Elise C. Boddie

Cross-Disciplinary Newsletter Fall 2014

Cross-Disciplinary Newsletter Fall 2015

Cross-Disciplinary Newsletter Spring 2015

Cyber Espionage or Cyberwar?: International Law, Domestic Law, and Self-Protective Measures, Christopher S. Yoo

Dangerous Liaisons: Criminalization of “Relationship Hires” Under the Foreign Corrupt Practices Act, Shinjini Chatterjee

Deadlines as Behavior in Diplomacy and International Law, Jean Galbraith

Defending Survivors: Case Studies of the Michigan Women's Justice & Clemency Project, Carol Jacobsen and Lynn D'Orio

Democracy in the Private Sector: The Rights of Shareholders and Union Members, Michael J. Goldberg

Design Flaws in the Bankruptcy Regime: Lessons from the U.K. for Preventing a Resurgent Creditors' Race in the U.S., Jodie A. Kirshner

Desirable Resistance: Kahn v. M&F Worldwide and the Fight for the Business Judgment Rule in Going-Private Mergers, Daniel Wilson

Disappearing Together? American Federalism and Social Contract Theory, Jaren Wilkerson

Disclosing Bribes in Disguise: Campaign Contributions as Implicit Bribery and Enforcing Violations Impartially (Winner of American Constitution Society's National Student Writing Competition), Brian F. Jordan

Doctrinal Categories, Legal Realism, and the Rule of Law, Hanoch Dagan

Does Majority Voting Improve Board Accountability?, Stephen Choi, Jill E. Fisch, Marcel Kahan, and Edward B. Rock

Do I Have a Bridge for You: Fiduciary Duties and Investment Advice, Francis J. Facciolo

Don't Cry for Sovereign Debtors: Why Argentina's Defeat in U.S. Courts Does Not Justify a Sovereign Debt Treaty, Julian G. Ku

Do You Have to Keep the Government’s Secrets? Retroactively Classified Documents, the First Amendment, and the Power to Make Secrets Out of the Public Record, Jonathan Abel

Edward V. Sparer Symposium: "Buying Justice: How Big Money Defines Our Rights and Solutions that Level the Playing Field": Announcement (11/6/15)

Edward V. Sparer Symposium: "Buying Justice: How Big Money Defines Our Rights and Solutions that Level the Playing Field": Selected Bibliography (11/6/15)

Emergency Arbitrator Procedure and Open-List Arbitrator Appointment Under the New China (Shanghai) Pilot Free Trade Zone Arbitration Rules: Dawn of a New Era?, Rui Bu

Ending Security Council Resolutions, Jean Galbraith

Equity's Unstated Domain: The Role of Equity in Shaping Copyright Law, Shyamkrishna Balganesh and Gideon Parchomovsky

Equity's Unstated Domain: The Role of Equity in Shaping Copyright Law, Shyamkrishna Balganesh and Gideon Parchomovsky

Expert Mining and Required Disclosure, Jonah B. Gelbach

Family Law's Doctrines, Melissa Murray

"Far from the Turbulent Space": Considering the Adequacy of Counsel in the Representation of Individuals Accused of Being Sexually Violent Predators, Heather Ellis Cucolo and Michael L. Perlin

Feeble in Fact: How Underenforcement, Deference, and Independence Shape the Supreme Court’s Affirmative Action Doctrine, Zachary C. Ewing

Foreign Sovereign Immunity and Comparative Institutional Competence, Adam S. Chilton and Christopher A. Whytock

Foreword: The Constraint of Legal Doctrine, Shyamkrishna Balganesh

Foreword: The Constraint of Legal Doctrine, Shyamkrishna Balganesh

Freedom from Violence and the Law: A Global Perspective in Light of Chinese Domestic Violence Law, 2015, Rangita de Silva de Alwis and Jeni Klugman

Friends, Followers, and Fairness: SEC Fair Disclosure Requirements in a Changing Information Marketplace, Stan Polit

Getting Their Due (Process): Parents and Lawyers in Special Education Due Process Hearings in Pennsylvania, Kevin Hoagland-Hanson

Globalization and the Design of International Institutions, Cary Coglianese

Governance Reform and the Judicial Role in Municipal Bankruptcy, Clayton P. Gillette and David A. Skeel Jr.

Hair’s The Thing: Trait Discrimination and Forced Performance of Race Through Racially Conscious Public School Hairstyle Prohibitions, Anna-Lisa F. Macon

Health Insurance, Employment, and the Human Genome: Genetic Discrimination and Biobanks in the United States, Eric A. Feldman and Chelsea Darnell

Helping Buyers Beware: The Need for Supervision of Big Retail, Rory Van Loo

How Businesses Can Promote Cyber Peace, Scott J. Shackelford, Timothy L. Fort, and Jamie D. Prenkert

How Corporate Governance Is Made: The Case of the Golden Leash, Matthew D. Cain, Jill E. Fisch, Sean J. Griffith, and Steven Davidoff Solomon

How the Black Lives Matter Movement Can Improve the Justice System, Paul H. Robinson

Human Rights Treaties in and beyond the Senate: The Spirit of Senator Proxmire, Jean Galbraith

Identifying Criminals’ Risk Preferences, Murat C. Mungan and Jonathan Klick

Image Is Everything: Corporate Branding And Religious Accommodation In The Workplace, Dallan F. Flake

Indiscriminate Power: Racial Profiling and Surveillance Since 9/11, Carlos Torres, Azadeh Shahshahani, and Tye Tavaras

Insuring Liability Risks, Tom Baker

Intersectionality and Title VII: A Brief (Pre-)History, Serena Mayeri

Introduction: Cyber and the Changing Face of War, Claire Oakes Finkelstein and Kevin H. Govern

Intuitive Formalism in Contract, Tess Wilkinson-Ryan

Intuitive Formalism in Contract, Tess Wilkinson-Ryan

Investor Financial Literacy in the Workplace, Jill E. Fisch, Tess Wilkinson-Ryan, and Kristin Firth

IP Enforcement: Domestic and Foreign Litigants in the ITC and U.S. District Courts, Matthew N. Bathon

IP-Related Anti-Monopoly and Anti-Unfair Competition Enforcement in China, Lipeng Mei

Journal of Business Law Symposium: "The Business of (Big)Law": Announcement (02/07/2015)

Journal of Constitutional Law Symposium: "What Privacy?: Exploring a Constitutional Right to Information Privacy": Announcement (01/23/2015)

Judicial Comparativism and Judicial Diplomacy, David S. Law

Judicial Priorities, Bert I. Huang and Tejas N. Narechania

Judicial Review and Non-Enforcement at the Founding, Matthew Steilen

KGB's Legacy: Transplanting Efficient Financial Infrastructures Without Efficiency, Yuliya Guseva

King v. Burwell and the Validity of Federal Tax Subsidies Under the Affordable Care Act, Eric J. Segall and Jonathan H. Adler

Law Review Symposium: "The Bounds of Executive Discretion in the Regulatory State" (10/16-17/2015)

Law Review Symposium: "The Bounds of Executive Discretion in the Regulatory State": Selected Bibliography (10/16-17/2015)

Law's Aspirations, Kermit Roosevelt III

Layers of Law: The Case of E-Cigarettes, Eric A. Feldman

Legal Innovation in International Intellectual Property Relations: Revisiting Twenty-One Years of the TRIPS Agreement, Ruth L. Okediji

Legal Realism and Legal Doctrine, Brian Leiter

Legal Realism and the Conflict of Laws, Kermit Roosevelt III

Legal Realism and the Conflict of Laws, Kermit Roosevelt III

Liability Insurer Data as a Window on Lawyers’ Professional Liability, Tom Baker and Rick Swedloff

Licensing Intellectual Property in China, Lei Mei

Lost in a Legal Thicket, Paul H. Robinson

Making "Friends" with the #Ethics Rules: Avoiding Pitfalls in Professional Social Media Use, Cynthia Laury Dahl

Making Prepaid Safe for Consumers: A Framework for Providing Deposit Insurance and Regulation E Protections, Catherine Lee Wilson

Man, Morality, and the United States Constitution, Daniel Lambright

Marital Supremacy and the Constitution of the Nonmarital Family, Serena Mayeri

Marriage (In)equality and the Historical Legacies of Feminism, Serena Mayeri

Master Limited Partnerships’ Cost of Capital Conundrum, Matthew J. McCabe

Material Facts in the Debate Over Twombly and Iqbal, Jonah B. Gelbach

Materiality and a Theory of Legal Circularity, Wendy Gerwick Couture

May it Please the Court: Federal Courts and School Desegregation Post-Parents Involved, George B. Daniels and Rachel Pereira

Medicare Secondary Payer and Settlement Delay, Eric Helland and Jonathan Klick

Merger Review by the Federal Communications Commission: Comcast-NBC Universal, Christopher S. Yoo

Miller v. Alabama and the Retroactivity of Proportionality Rules, Perry L. Moriearty

Mismatched or Counted Out? What’s Missing from Mismatch Theory and Why it Matters, Stacy L. Hawkins

Misreading McCulloch v. Maryland, David S. Schwartz

Modernizing Class Action Cy Pres Through Democratic Inputs: A Return to Cy Pres Comme Possible, Chris J. Chasin

Money, Money, Money; It’s a Rich Man’s World: Making the Corporate Tax Fair, Meredith R. Conway

Moore on the Mind, Stephen J. Morse

Must the Hand Formula Not Be Named?, Gregory C. Keating

National Federation of Independent Business’s Impact on State Medicaid Programs & the Rise of Federalism by Waiver, Jessica Jones

Natural Disasters, Nuclear Disasters, and Global Governance, Eric A. Feldman and Chelsea Fish

Navigating Med-Arb in China, Chuyang (Alexis) Liu

Negotiating Competition Policy in Multilateral Trade Agreements: European Union Overtures to West Africa and the WTO, Paul Kuruk

Neuroscience, Free Will, and Criminal Responsibility, Stephen J. Morse

Nine Takes on Indeterminacy, with Special Emphasis on the Criminal Law, Leo Katz

Nine Takes on Indeterminacy, with Special Emphasis on the Criminal Law, Leo Katz

No Alternative: Resolving Disputes Japanese Style, Eric Feldman

No Calling Cut: The Political Right to Record Police, Elizabeth J. Frawley

Obama's Get-Out-of-Jail-Free Decree, Paul H. Robinson

Objectivist vs. Subjectivist Views of Criminality: A Study in the Role of Social Science in Criminal Law Theory, Paul H. Robinson and John M. Darley

Observers as Participants: Letting the Public Monitor the Criminal Justice Bureaucracy, Stephanos Bibas

Officiating Removal, Leah M. Litman

Of Property and Information, Abraham Bell and Gideon Parchomovsky

On Not Dreaming of Affirmative Action, Amy L. Wax

Parsing Marriage Penalties: The Irrationality of Tax and Government Benefit Marriage Penalty Jurisprudence, Victoria Barry

Patent Litigation in China from a Comparative Perspective, Jason Ma

Pauli Murray and the Twentieth-Century Quest for Legal and Social Equality, Serena Mayeri

Penn Law E-Brief (April 2013)

Penn Law E-Brief (April 2014)

Penn Law E-Brief (April 2015)

Penn Law E-Brief (August 2014)

Penn Law E-Brief (December 2013)

Penn Law E-Brief (December 2014)

Penn Law E-Brief (December 2015)

Penn Law E-Brief (February 2013)

Penn Law E-Brief (February 2015)

Penn Law E-Brief (January 2013)

Penn Law E-Brief (January 2014)

Penn Law E-Brief (January 2015)

Penn Law E-Brief (July 2014)

Penn Law E-Brief (June 2014)

Penn Law E-Brief (June 2015)

Penn Law E-Brief (March 2013)

Penn Law E-Brief (March 2015)

Penn Law E-Brief (May 2013)

Penn Law E-Brief (May 2014)

Penn Law E-Brief (May 2015)

Penn Law E-Brief (November 2013)

Penn Law E-Brief (November 2014)

Penn Law E-Brief (November 2015)

Penn Law E-Brief (October 2013)

Penn Law E-Brief (October 2014)

Penn Law E-Brief (October 2015)

Penn Law E-Brief (September 2013)

Penn Law E-Brief (September 2015)

Penn Law Journal: A Scholar and Gentleman: Meet Penn Law’s New Dean

Pensioners, Bondholders, and Unfair Discrimination in Municipal Bankruptcy, Andrew B. Dawson

Planning for Excellence: Insights from an International Review of Regulators' Strategic Plans, Adam M. Finkel, Daniel Walters, and Angus Corbett

Possible Paradigm Shifts in Broadband Policy, Christopher S. Yoo

Pragmatic Rationality and Risk, Claire Oakes Finkelstein

Preemption in the Rehnquist and Roberts Courts: An Empirical Analysis, Michael Greve, Jonathan Klick, Michael A. Petrino, and J. P. Sevilla

Presidential Settlements, Adam S. Zimmerman

Presidential War Powers as a Two-Level Dynamic: International Law, Domestic Law, and Practice-Based Legal Change, Curtis A. Bradley and Jean Galbraith

Procedure and Pragmatism, Stephen B. Burbank

Prohibiting Sexual Orientation Discrimination in Public Accommodations: A Common Law Approach, Paul Vincent Courtney

Property and the New Doctrinalism: Comment, Ben McFarlane

Proportionality and the Social Benefits of Discovery: Out of Sight and Out of Mind?, Stephen B. Burbank

Proposing a Transactional Approach to Civil Forfeiture Reform, Michael van den Berg

Prosecute, Sue or Deport? Transnational Accountability in International Law, Chimène I. Keitner

Prudential Standing Doctrine Abolished or Waiting for a Comeback?: Lexmark International , Inc. v. Static Control Components, Inc., Bradford C. Mank

Public Concern and Outrageous Speech: Testing the Inconstant Boundaries of IIED and The First Amendment Three Years After Snyder v. Phelps, Clay Calvert

Quattrone Center Spring Symposium: Announcement and Agenda (05/13/2015)

Racial Mirroring, Dawinder S. Sidhu

Rawlsian Fairness and International Arbitration, Diane A. Desierto

Realism and Revolution in Conflict of Laws: In with a Bang and Out with a Whimper, Celia Wasserstein Fassberg

Reasonableness in and out of Negligence Law, Benjamin C. Zipursky

'Recalcitrant' States and International Law: The Role of the UN Commission of Inquiry on Human Rights Violations in the Democratic People's Republic of North Korea, Honorable Michael Kirby AC CMG and Sandeep Gopalan

Recalibrating the Black Lung Benefits Program: Removing Systematic Procedural Barriers from Administrative Proceedings, Brandon Kenney

Recovering for the Loss of a Beloved Pet: Rethinking the Legal Classification of Companion Animals and the Requirements for Loss of Companionship Tort Damages, Lauren M. Sirois

Rediscovering Corporate Governance in Bankruptcy, David A. Skeel Jr.

Reeling In Gang Prosecution: Seeking a Balance in Gang Prosecution, H. Mitchell Caldwell

Regulating Against Bubbles: How Mortgage Regulation Can Keep Main Street and Wall Street Safe—From Themselves, Ryan Bubb and Prasad Krishnamurthy

Regulating Proxy Puts: A Proposal to Narrow the Proper Purpose of Proxy Puts After SandRidge, Mark H. Mixon Jr.

Regulating Social Finance: Can Social Stock Exchanges Meet the Challenge?, Sarah Dadush

Regulatory Space in International Trade Law and International Investment Law, Markus Wagner

Rethinking Summary Judgment Empirics: The Life of the Parties, Jonah B. Gelbach

Reverse Nullification and Executive Discretion, Michael T. Morley

Revising the Roles of Master and Servant: A Theory of Work Law, Stephen Nayak-Young

Roadblocks to Access to Justice: Reforming Ethical Rules to Meet the Special Needs of Low-Income Clients, Louis S. Rulli

SEC Rules and Human Rights: Specialized Disclosure for Corporate Accountability, Verna Krishnamurthy

Seeking Truth in Nonfiction: Quantity Versus Quality in Promoting the “Useful Arts”, Roger Stronach

Selected Bibliography for: Center for Asian Law Conference: "Earthquakes, Nuclear Meltdowns, and Chemical Spills: Legal Responses to Disasters in the US and Asia" (11/20/15)

Selected Bibliography for: Law & Entrepreneuship Lecture with Steven M. Cohen (11/11/15)

Selected Bibliography for: Paul G. Haaga, Jr. Lecture in Law, Government, and Public Policy (03/02/2015)

Selected Bibliography for: The 2015 Leon C. & June W. Holt Lecture in International Law (9/30/2015)

Selected Bibliography for: The 2015 Owen J. Roberts Memorial Lecture (02/11/2015)

Shots for Tots?, Eric A. Feldman

Situating "Groups" in Constitutional Argument: Interrogating Judicial Arguments on Economic Rights, Gender Equality, and Gay Equality, Stuart Chinn

Some Skepticism About Skepticism: A Comment on Katz, Mitchell N. Berman

Some Skepticism About Skepticism: A Comment on Katz, Mitchell N. Berman

Special Domestic Violence Criminal Jurisdiction for Indian Tribes: Inherent Tribal Sovereignty Versus Defendants' Complete Constitutional Rights, Margaret H. Zhang

“Spooky Action at a Distance”: Intangible Injury in Fact in the Information Age, Seth F. Kreimer

State Courts Lack Jurisdiction to Hear Securities Act Class Actions, But the Frequent Failure to Ask the Right Question Too Often Produces the Wrong Answer, Mitchell A. Lowenthal and Shiwon Choe

Strong Claims and Weak Evidence: Reassessing the Predictive Validity of the IAT, Hart Blanton, James Jaccard, Jonathan Klick, Barbara Mellers, Gregory Mitchell, and Philip Tetlock

Structural Foundations of Financial Stability: What Canada Can Teach America about Building a Better Regulatory System, Lev E. Breydo

Structure and Value in the Common Law, Shyamkrishna Balganesh and Gideon Parchomovsky

Susan B. Anthony List v. Driehaus and the (Bleak) Future of Statutes that Ban False Statements in Political Campaigns, Margaret H. Zhang

Take It or Leave It: Unconscionability of Mandatory Pre-Dispute Arbitration Agreements in the Securities Industry, William Alan Nelson II

Tax Inertia: A General Framework with Specific Application to Business Tax Reform, Chris William Sanchirico

Taxing Status: Tax Treatment of Mixed Business and Personal Expenses, Adi Libson

Teaching Would-Be IP Lawyers to "Speak Engineer": An Interdisciplinary Module to Teach New Intellectual Property Attorneys to Work Across Disciplines, Cynthia Laury Dahl

Technological Determinism and Its Discontents, Christopher S. Yoo

Temporary International Legal Regimes as Frames for Permanent Ones, Jean Galbraith

Tests for Harm in Criminal Cases: A Fix for Blurred Lines, Anne Bowen Poulin

The African Supplement: Religion, Race, and Corporate Law in Early National America, Sarah Barringer Gordon

The Arms Trade Treaty Regime in International Institutional Law, William Thomas Worster

The Cape Town Convention’s Improbable-but-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr.

The Case for Consumer-Oriented Corporate Governance, Accountability and Disclosure, Shlomit Azgad-Tromer

The Charitable Deduction Games: Mimicking Impact Investing, Khrista Johnson

"The Civil Rights Act of 1964 at 50: Looking Back and Looking Ahead": Announcement (01/14/2015)

"The Civil Rights Act of 1964 at 50: Looking Back and Looking Ahead": Selected Bibliography (01/14/2015)

The Constitutionalization of Indian Private Law, Shyamkrishna Balganesh

The Constitutional Limit on Trademark Propertization, Peter J. Karol

The Constitution and Legislative History, Victoria F. Nourse

The Cycles of Global Telecommunication Censorship and Surveillance, Jonathon W. Penney

The Deferral Effects of Passing Through Foreign Subsidiaries’ Passive Income, Chris William Sanchirico and Reed Shuldiner

The Double-Consciousness of Race-Consciousness and the Bermuda Triangle of University Admissions, Vinay Harpalani

The Dual-Grant Theory of Fair Use, Abraham Bell and Gideon Parchomovsky

The “Equity of the Statute” and Copyright Law: Three Critiques, Michael A. Carrier

The Fall and Rise of Specialized Federal Constitutional Courts, Michael E. Solimine

The Federalist View of Right-to-Work Laws, Andrew W. Neidhardt

The Functions of Family Law, Serena Mayeri

The Functions of Family Law, Serena Mayeri

The Future of Government-Mandated Health Warnings After R.J. Reynolds and American Meat Institute, Bianca Nunes

The Futures Problem, Geoffrey C. Hazard Jr.

The Impact of Codification on the Judicial Development of Copyright, Christopher S. Yoo

The Importance of Being Dismissive: The Efficiency Role of Pleading Stage Evaluation of Shareholder Litigation, Lawrence A. Hamermesh and Michael L. Wachter

The Influence of Arbitrator Background and Representation on Arbitration Outcomes, Stephen Choi, Jill E. Fisch, and Adam C. Pritchard

The Ironies of Affirmative Action, Kermit Roosevelt III

The Ironies of Affirmative Action, Kermit Roosevelt III

The Judgment Fund: America's Deepest Pocket & Its Susceptibility to Executive Misuse, Paul F. Figley

The Law and Economics of Proportionality in Discovery, Jonah B. Gelbach and Bruce H. Kobayashi

The Law and Economics of Stop-and-Frisk, David S. Abrams

The Law of Evidence and the Practice of Theory, Michael S. Pardo

The Limitations of Tradition: How Modern Choice of Law Doctrine Can Help Courts Resolve Conflicts Within the New York Convention and the Federal Arbitration Act, Alexander Sevan Bedrosyan

The Limits of Textualism in Interpreting the Confrontation Clause, Stephanos Bibas

The Long Shadow of Doctrine, Anne Fleming

The Many Features of Transnational Private Rule-Making: Unexplored Relationships between Custom, Jura Mercatorum and Global Private Regulation, Fabrizio Cafaggi

The "Memory Effect" of Economic Sanctions Against Russia: Opposing Approaches to the Legality of Unilateral Sanctions Clash Again, Mergen Doraev

The Mess at Morgan: Risk, Incentives and Shareholder Empowerment, Jill E. Fisch

The Myth of Arrestee DNA Expungement, Elizabeth E. Joh

The New Doctrinalism: Implications for Evidence Theory, Alex Stein

"The New Leviathan: Re-examining the Expansion of Federal Power": Announcement (02/06/2015)

The New Synthesis of Bank Regulation and Bankruptcy in the Dodd-Frank Era, David A. Skeel Jr.

The Original Meaning of Recess, David J. Arkush

The Oxford Guide to Treaties; Edited by Duncan B. Hollis; Recent Books on International Law: Book Reviews, Jean Galbraith

The Pathologies of Banking Business As Usual, Hilary J. Allen

The Persistence of System in Property Law, Henry E. Smith

The Power to Privilege, Mila Sohoni

The Problems and Promise of “Enhanced Business Judgment”, Mary Siegel

The Questionable Origins of the Copyright Infringement Analysis, Shyamkrishna Balganesh

There’s A TV App For That: Putting The “Neutral” Back In Net Neutrality For The App-Based Television Future, Lindsay Fritchman

"The Right of Trial by Jury Shall Be Preserved": Limiting the Appealability of Summary Judgment Orders Denying Qualified Immunity, Arielle Herzberg

The Role of the Profit Imperative in Risk Management, Christopher C. French

The Search for the Magic Formula: History of Illinois School Funding Reform, Joshua J. Cauhorn

The Second Way: A Comment on Hawkins and a Cautionary Note, Richard Sander

The Secret History of American Constitutional Skepticism: A Recovery and Preliminary Evaluation, Louis Michael Seidman

The Sonnabend Estate and Fair Market Valuation of Canyon, Charlotte Melbinger

The Subterranean Counterrevolution: The Supreme Court, the Media, and Litigation Retrenchment, Stephen B. Burbank and Sean Farhang

The Transatlantic Flow of Data and the National Security Exception in the European Data Privacy Regulation: In Search for Legal Protection Against Surveillance, Ioanna Tourkochoriti

The Tyranny of Context: Israeli Targeting Practices in Legal Perspective, Michael N. Schmitt and John J. Merriam

The Yet-to-be Effective but Effective Tax: Hong Kong's Buyer's Stamp Duty as a Critical Case Study of Legislation by Press Release, Jianlin Chen

Time to Drop the Infield Fly Rule and End a Common Law Anomaly, Andrew J. Guilford and Joel Mallord

Tontine Pensions, Jonathan Barry Forman and Michael J. Sabin

Too Many Gaps, Too Many Fallen Victims: Protecting American Indian Women from Violence on Tribal Lands, Jessica Greer Griffith

Tort, Speech, and the Dubious Alchemy of State Action, Cristina Carmody Tilley

Toward a Closer Integration of Law and Computer Science, Christopher S. Yoo

Toward a Pigouvian State, Jonathan S. Masur and Eric A. Posner

Toward a Standard of Meaningful Review: Examining the Actual Protections Afforded to Prisoners in Long-Term Solitary Confinement, Elli Marcus

Traditional Knowledge Exists; Intellectual Property Is Invented or Created, Gregory Younging

TREAD ON ME!, Toni M. Massaro

Two Timing the Law, Joshua Getzler

“We Doubt That Is So”: Expert Witness Certification After Wal-Mart and Comcast, Steven Messer

Weighing the Eighth Amendment: Finding the Balance Between Treating and Mistreating Suicidal Prisoners, Jessa Irene DeGroote

What Does Voluntary Tax Compliance Mean?: A Government Perspective, J. T. Manhire

What Should Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

When is Not Caring Ethical?: The Medical Ethics and Legal Framework of Refusing to Treat Detainees Subjected to Interrogations and Torture, Shannon M. Coit

Whose Trojan Horse? The Dynamics of Resistance Against IFRS, Martin Gelter and Zehra G. Kavame Eroglu

Why Chief Justice Roy Moore and the Alabama Supreme Court Just Made the Case For Same-Sex Marriage, Adam Lamparello

Worldwide Hedge Fund Activism: Dimensions and Legal Determinants, Dionysia Katelouzou

Wynne: It's Not About Double Taxation, Michael S. Knoll and Ruth Mason

You Gotta Fight for the Right to Vote: Enfranchising Native American Voters, Jeanette Wolfley