Content Posted in 2018 | Penn Carey Law: Legal Scholarship Repository | University of Pennsylvania Carey Law School Research

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Content Posted in 2018

5th Annual Penn Law Sports Law Symposium: "The Changing Landscape of Professional Sports": Announcement (2/9/18)

5th Annual Penn Law Sports Law Symposium: "The Changing Landscape of Professional Sports": Selected Bibliography (2/9/18)

A Brief Summary and Critique of Criminal Liability Rules for Intoxicated Conduct, Paul H. Robinson

A Carrot or a Stick? Strengthening the Rule of Law with a Stick: Failure to Enforce Sexual Assault Laws as a Crime Against Humanity, Naomi Harlin Goodno

Achieving Antidiscrimination Objectives Through “Safe Harbor” Rules for Cases of Chronic Hiring Aversion, Samuel Estreicher

A Counterfactual History of Transgender Students' Rights, Kristi L. Bowman

A Critical Analysis of the Online Court, Doron Menashe

A Critique of the Uniquely Adversarial Nature of the U.S. Legal, Economic and Political System and its Implications for Reinforcing Existing Power Hierarchies, Jim Wilets and Areto A. Imoukhuede

Administrative "Self-Regulation" and the Rule of Administrative Law in China, Shen Kui

A General Mitigation for Disturbance-Driven Crimes?: Psychic State, Personal Choice, and Normative Inquiries, Paul H. Robinson

A Jewish State and a State for All of its Citizens: Addressing the Challenge of Israel’s Arab Citizens, Samuel Estreicher

A Municipal Speech Claim Against Body Camera Video Restrictions, Matthew A. De Stasio

A Municipal Speech Claim Against Body Camera Video Restrictions, Matthew A. De Stasio

A New Hurdle to International Cooperation in Criminal Investigations: Whether Foreign Government‐Compelled Testimony Implicates the Privilege Against Self‐Incrimination, Jennifer Reich

An Initial, but Positive, Step in the Direction of Cybersecurity, Saxby Chambliss

Announcement of 2018 Keedy Cup (1/25/18)

Announcement of 6th Annual Roundtable on Computer Science & Law (5/9-10/18)

Announcement of Alan Gura and WilliamTaylor: "Dead or Alive? The Second Amendment in Today’s Federal Courts" (10/24/18)

Announcement of Amy Adler: "Robert Mapplethorpe, Obscenity Law, and the First Amendment" (3/15/18)

Announcement of Anita Hill and Kimberlé Crenshaw: "Sexual Harassment from Congressional Testimony to the #MeToo Movement" (10/10/18)

Announcement of Black Law Student Association Sadie Alexander Conference: "The Segregated 2nd Amendment: The Racial Implications of America’s Gun Debate " (2/10/18)

Announcement of Book Talk: Dorothy Roberts: "Killing the Black Body: Reproductive Regulation and Justice 20 Years Later" (2/7/18)

Announcement of Book Talk: Steven Vogel: "Marketcraft: How Governments Make Markets Work" (3/19/18)

Announcement of Brande Stellings: "Leadership In a Time of Disruption: Women Leading Corporate Boards" (10/24/18)

Announcement of Brian Hauss: "Anti-Boycott Legislation and the 'Palestine Exception' to Free Speech" (4/4/18)

Announcement of Caroline Zelaznik Gruss and Joseph S. Gruss Lectures in Talmudic Civil Law: Christine Hayes: “Divine Law: A Tale of Two Concepts (and three responses)” (1/30/18)

Announcement of Carrie Severino and Mitchell Berman: "The Legacy of Justice Clarence Thomas" (11/7/18)

Announcement of Center for Ethics and the Rule of Law Book Event: Michael V. Hayden: : "The Assault on Intelligence: American National Security in an Age of Lies" (9/13/18)

Announcement of Center for Ethics and the Rule of Law Book Talk: Luke Harding: “Collusion: Secret Meetings, Dirty Money, and How Russia Helped Donald Trump Win” (3/19/18)

Announcement of Center for Ethics and the Rule of Law Book Talk: Oona Hathaway and Scott Shapiro: "The Internationalists: How a Radical Plan to Outlaw War Remade the World" (10/4/18)

Announcement of Center for Ethics and the Rule of Law Book Talk: Ryan Alford: "Permanent State of Emergency: Unchecked Executive Power and the Demise of the Rule of Law" (1/31/18)

Announcement of Center for Ethics and the Rule of Law Conference: "Democracy in the Crosshairs: Cyber Interference, Dark Money and Foreign Influence" (11/1-3/18)

Announcement of Center for Ethics and the Rule of Law Conference: Interrogation and Torture: "Integrating Efficacy with Law and Morality" (9/20-21/18)

Announcement of Center for Ethics and the Rule of Law Conference: "Legal Responses to the Opioid Addiction Crisis: Criminal, Civil and Regulatory Solutions" (3/16/18)

Announcement of Center for Ethics and the Rule of Law Conference: "The Weaponization of Outer Space: Ethical and Legal Boundaries" (4/5-7/18)

Announcement of Center for Ethics and the Rule of Law Keynote Address: Juan E. Méndez: "A Universal Protocol for Investigative Interviewing: An End to Interrogation and Torture" (9/20/18)

Announcement of Center for Ethics and the Rule of Law Keynote Panel: "Foreign Intereference in the Democratic Process: Countdown to the Midterms" (11/2/18)

Announcement of Center for Ethics and the Rule of Law Public Keynote: "Foreign Interference in the Democratic Process: Countdown to the Midterms" (11/2/18)

Announcement of Center for Neuroscience & Society Panel Discussion: "All About Vaping: Science, Policy, and Society" (11/1/18)

Announcementof Center for Tax Law & Policy Seminar: Ari Glogower: "A Constitutional Wealth Tax" (10/24/18)

Announcement of Center for Tax Law & Policy Seminar: Dr Richard Prisinzano: "The Penn Wharton Budget Model: Informing the Tax Policy Debate" (9/26/18)

ANnouncement of Center for Tax Law & Policy Seminar: Joseph Rosenberg: "Investment Responses to the Tax Cuts and Jobs Act" (10/10/18)

Announcement of Center for Technology, Innovation, and Competition 10th Anniversary (4/11/18)

Announcement of Center for Technology, Innovation. and Competition Faculty Workshop: Luigi Franzoni: "Legal Change in the Face of Uncertainty" (4/10/18)

Announcement of Center for Technology, Innovation, and Competition Panel Discussion: "Assessing the Digital Millennium Copyright Act Twenty Years Later" (11/7/18)

Announcement of Center for Technology, Innovation and Competition Panel Discussion: "Hot Topics in Antitrust" (12/5/18)

Announcement of Center for Technology, Innovation and Competition Panel Discussion: "We’ve Been Wrong for 30 Years? TC Heartland and its Implications for Patent Law and Practice" (4/4/18)

Announcement of Center for Technology, Innovation and Competition Workshop: Janet Freilich: “False Prophets: The Problem of Fictional Data in Patents” (2/26/18)

Announcement of Chancery Court Program: "Buy-Side Deal Protections: What is the Current State of the Art and When and Why Do They Matter?” (4/3/18)

Announcement of Chancery Court Program: “Did Delaware Get It Right or Mess Up in Addressing the Takeover Boom of the 1980’s?” (3/20/18)

Announcement of Chris Jochnik and Roger Normand: "The Humanitarian Crisis in Myanmar: Democracy Under Siege" (3/22/18)

Announcement of Christopher Yoo and Kevin Werbach: "What’s Next With Net Neutrality?" (2/7/18)

Announcement of Critical Global Conversations: Michael Lobban and Andrea Tosato: "Brexit as a Symptom of a Shift in Culture" (9/18/18)

Announcement of Distinguished Jurist Lecture: Thomas Ambro: “How Some Appellate Judges Think” (10/16/18)

Announcement of "Energy and Geopolitics in Today’s Political Climate" (4/5/18)

Announcement of Faculty Book Symposium: Judge Stephanos Bibas: "Rebooting Justice: More Technology, Fewer Lawyers, and the Future of Law " (4/10/18)

Announcement of Fernando Chang-Muy and Stephanie Schwartz: "No Refuge - The Migrant Caravan and International Human Rights Law" (11/27/18)

Announcement of Global Leadership and Public Policy Lecture: Hon. Donald B. Verrilli, Jr.: "Serving the Public in Challenging Times" (9/19/18)

Announcement of Global Leadership and Public Policy Speaker Series: Alain Berset: "Democracy and Distrust: Threats to Democracy in the 21st Century" (9/27/18)

Announcement of Hidetaka Hirota: "The Genealogy of Alien Contract Labor Law" (11/5/18)

Announcement of Innovation in Prosecution Summit (11/15-16/18)

Announcement of Institute For Law and Philosophy Workshop: Amanda Greene: “Democratic Legitimacy for Skeptics” (10/8/18)

Announcement of Institute For Law and Philosophy Workshop: Leo Katz: "Deontology Justified" (10/1/18)

Announcement of Institute for Law and Philosophy Workshop: Nico Cornell: "Competition Wrongs" (12/10/18)

Announcement of International Programs Speaker Series: Meena Harris with Ally Coll Steele: "Women’s Leadership and Innovation in an Age of Global Change" (10/3/18)

Announcement of Irving R. Segal Lecture in Trial Advocacy: Brig. Gen. John G. Baker: "Drinking from a Poisoned Chalice Post 9/11: Defending the Rule of Law in the Guantanamo Bay Military Commissions" (4/4/18)

Announcement of James Li: "China and the ‘Responsibility to Protect’ in International Law" (11/15/18)

Announcement of Jeffrey Sutton: "51 Imperfect Solutions: The Role of States in Creating Constitutional Law" (9/19/18)

Announcement of Journal of International Law Lunch Talk: Cassandra Steer: "An Introduction to International Space Law" (2/15/18)

Announcement of Journal of Law and Social Change Author Spotlight: Yvette Pappoe: "The Shortcomings of Title VII for the Black Female Plaintiff” (11/8/18)

Announcement of Kathryn H. Ruemmler: "Law, Politics, and the Presidency: Perspectives from President Obama’s White House Counsel" (9/21/18)

Announcement of Latinx Law Student Association Conference: "Latin@s and the Criminal Justice System: A Conversation about How the Juvenile Justice System and Increased Immigration Enforcement Impacts the Latinx Community" (2/2/18)

Announcement of Law and Economics Seminar: Abe Wickelgren: "Optimal Standards of Proof for Non-Obviousness and Infringement" (2/1/18)

Announcement of Law and Economics Seminar: Eric Talley: "Informed Trading and Cybersecurity Breaches" (4/19/18)

Announcement of Law and Economics Seminar: Josh Fischman: " How Many Cases are Easy?" (4/5/18)

Announcement of Law and Economics Seminar: Ken Ayotte: "Disagreement and Capital Structure Complexity" (3/22/18)

Announcement of Law and Economics Seminar: Max Schanzenbach: "Good Cop, Bad Cop: An Analysis of Chicago Civilian Allegations of Police Misconduct" (2/15/18)

Announcement of Law and Economics Seminar: Ray Fisman: "Tax-exempt Lobbying" (3/1/18)

Announcement of Law and Religion Roundtable (6/21-22/18)

Announcement of "Law as Performance and Play: A Dialogue" (4/8/18)(

Announcement of Law & Etrepreneurship Lecture: Osagie Imasogie: "Intellectual Property – The New Global Currency” (11/13/18)

Announcement of Law Review Luncheon: Jorge Gonzalez: "Surveillance Oversight: How Justice and National Security Meet" (2/27/18)

Announcement of Leadership Institute for Diplomacy and the Law (11/9/18)

Announcement of Legal History Consortium Workshop: Anna Lvovsky (11/15/18)

Announcement of Legal History Consortium Workshop: Dylan Penningroth (4/11/18)

Announcement of Legal History Consortium Workshop: Margot Canaday: “Making the ‘Business Case’: Gay Rights Inside the Post-Fordist Corporation” (3/15/18)

Announcement of Legal History Consortium Workshop: Michael Lobban: "Martial Law, the Privy Council and The Zulu Rebellion of 1906" (9/13/18)

Announcement of Legal History Consortium Workshop: Shaun Ossei-Owusu (2/1/18)

Announcement of Maina Kiai: "The Battle over Kenya’s Democracy: A Flawed Election, A Rerun, and the Supreme Court" (2/28/18)

Announcement of Marci Hamilton: “Is the Establishment Clause Dead or Alive?” (9/25/18)

ANnouncement of Martin Gruenberg: "The Systemic Resolution of a Globally Significant Financial Institution: A Progress Report" (2/16/18)

Announcement of Michael Buchwald: "Election Interference and the Impact of a Polarized Electorate" (11/1/18)

Announcement of Michael Paulsen: "The Constitutional Power of Impeachment: Congress’s Ultimate ‘Trump’" (4/11/18)

Announcement of Movie Screening, Panel Discussion and Networking Reception: "Balancing the Scales" (1/23/18)

Announcement of Neomi Rao: "A Progress Report on Regulatory Reform" (10/30/18)

Announcement of Owen J. Roberts Memorial Lecture: Ruth Bader Ginsburg (2/12/18)

Announcement of Panel Discussion: "An End to Gerrymandering: A Methodology for Neutral Redistricting" (11/7/18)

Announcement of Panel Discussion: "Current Developments in Blockchain Law and Policy" (3/22/18)

Announcement of Panel Discussion: "Don’t Take if for Granted: Protecting the Right to Vote from Partisan Gerrymandering and Voter ID Laws" (3/14/18)

Announcement of Panel Discussion: "Gun Control" (3/13/18)

Announcement of Panel Discussion: "Impeachment" (2/6/18)

Announcement of Panel Discussion: "Native American Initiatives at the American Philosophical Society: From Benjamin Franklin to the Present Day" (1/25/18)

Announcement of Panel Discussion: "Native American Women: Governance and Survivance" (3/29/18)

Announcement of Panel Discussion: "Neuroscience, Morality, and the Criminal Law" (3/28/18)

Announcement of Panel Discussion: "Opportunity Zones and Inclusive Community Development, Hosted by John Legend" (11/8/18)

Announcement of Panel Discussion: "Participatory Defense: Reforming the Criminal Justice System" (3/28/18)

Announcement of Panel Discussion: "Roe at 45: The Progression of Reproductive Rights in the United States" (1/24/18)

Announcement of Panel Discussion: "The Cannabis Conundrum: An Experiment in Federalism or States’ Rights Run Amuck?" (4/4/18)

Announcement of Panel Discussion: "The J20 Trials and the Criminalization of Dissent" (3/20/18)

Announcement of Panel Discussion: "The Time’s Up Movement and Diversity in the Entertainment Industry" (3/14/18)

Announcement of Paul Clement: "The Legacy of Hobby Lobby" (1/31/18)

Announcement of Penn Asian Pacific American Law Student Association Conference: "A Brave New World: Transforming the Lawyer, the Firm, the Industry" (1/13/18)

Announcement of Penn Institute for Restructuring Conference: "Lehman & WaMu — Ten Years Later: Lessons Learned and Planning Ahead" (10/9/18)

Announcement of Penn Law International Arbitration Association Conference: "International Arbitration in Jeopardy?" (4/6/18)

Announcement of Penn Program on Regulation: Cristie Ford: "Innovation and the State: Finance, Regulation, and Justice" (1/30/18)

Announcement of "Police Violence and Mass Incarceration at the Intersections of Identity: A Conversation with Andrea Ritchie" (4/19/18)

Announcement of Public Interest Week: Allison Zieve: "Litigating to Preserve Public Protections in Deregulatory Times" (10/3/18)

Announcement of Public Interest Week: Cecillia Wang: "Trump Administration: A Year in Review" (2/21/18)

Announcement of Public Interest Week: Leo E. Strine, Jr. and Jay Clayton: "Orienting Corporate Governance to Generate Sustainable Growth: A Cooperative Discussion on Common Ground and Forging a Path Forward" (10/4/18)

Announcement of Public Interest Week: Panel Discussion: "A Life Unraveled: How Criminal Records Destabilize the Lives of Low-Income Individuals" (10/1/18)

Announcement of Public Interest Week: Panel DIscussion: "But How Could this Happen? Unpacking the Legal Framework that Enables Family Separation" (10/3/18)

Announcement of Public Interest Week: Panel Discussion: "How We Misunderstand Mass Incarceration: Exposing the False Nonviolent/Violent Divide" (10/2/18)

Announcement of Public Interest Week: Panel Discussion: "Is the First Amendment Good for Social Justice?" (10/1/18)

Announcement of Public Interest Week: Panel Discussion: "Key Environmental Challenges Facing Pennsylvania in 2018 and Beyond" (10/3/18)

Announcement of Public Interest Week: Panel Discussion: "The Fight for Just Cause Eviction Legislation in Philadelphia" (10/2/18)

Announcement of Public Interest Week: Panel Discussion: "Voting Rights and the Midterm Elections" (10/4/18)

Announcement of Public Interest Week: Provost’s Lecture on Diversity: Catharine MacKinnon: "Butterfly Politics" (10/2/18)

Announcement of Public Keynote: "Addressing Challenges in the 21st Century Through Diplomacy" (11/9/18)

Announcement of Quattrone Center Exoneree Fellow Talk: Keith Harward: "Once Bitten, Twice Shy: Why Bite Marks Are Not Science" (2/27/18)

Announcement of Reunion CLE Discussions (5/11-12/18)

Announcement of Richard Abel: "Terrorism Prosecutions and Guantanamo Bay: What is the Rule of Law in a Post-9/11 America?" (11/14/18)

Announcement of Richard Dicker: "Why International Justice Still Faces Roadblocks" (3/28/18)

Announcement of Richard Sander and Jonah Gelbach: "Is Affirmative Action Failing Minority Students?" (10/10/18)

Announcement of Risk Regulation Seminar: Hiroaki Matsuura: "Economic and Demographic Effects of Emergency Risk Communication: Evidence from the Fukushima Daiichi Nuclear Disaster" (9/25/18)

Announcement of Roger Normand: "A Frontline Report on the Humanitarian Crisis in Myanmar" (4/3/18)

Announcement of Sabeel Rahman: "How Public Goods Provision Can Help Reshape Economic Inequality" (4/12/18)

Announcement of Screening and Discussion of the Film “Camp 72” (10/15/18)

Announcement of Shyamkrishna Balganesh, Cynthia Dahl, R. Polk Wagner, and Christopher Yoo: "Preview of IP and Antitrust Cases before the Supreme Court - October 2018 Term" (9/26/18)

Announcement of Stephen Sachs and Tobias Barrington Wolff: "Was Pennoyer Correct? The Future of Personal Jurisdiction in the Wake of Bristol-Myers (10/25/18)

Announcement of Tax Law & Policy Seminar: William G. Gale: "Fiscal Therapy: Curing America’s Debt Addiction and Investing in the Future" (10/17/18)

Announcement of the Hon. Leon A. Higginbotham Lecture: Maya Wiley: "Race and Sex in the Time of Trump" (11/7/18)

Announcement of the Paul G. Haaga, Jr. Lecture in Law. Government, and Public Policy: H. R. McMaster: "Russian New Generation Warfare and the Threat to the Free World" (11/1/18)

Announcement of Town Hall on Immigration: "The Role of the University in Responding to and Shaping Immigration Law and Policy" (4/12/18)

Announcement of Valerie J. Karplus: "Did scrubbing the government clean up the air? Polluter responses to China’s anticorruption campaign" (10/30/2018)

Announcement of Yuval Feldman: "The Law of Good People: Challenging States’ Ability to Regulate Human Behavior" (10/8/18)

Announcing the Death of Colgate: The Form and Substance of Vertical Price Fixing Agreements, Thomas K. Cheng

Anouncement of Center for Ethics and the Rule of Law Book Talk: Mark Fallon: "Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture" (3/15/18)

Anticompetitive Mergers in Labor Markets, Ioana Marinescu and Herbert J. Hovenkamp

Anti‐SLAPP Statutes and the Federal Rules: Why Preemption Analysis Shows they Should Apply in Federal Diversity Suits, William James Seidleck

Antitrust looms large in Trump administration (with transcript), Herbert J. Hovenkamp and Liz Crampton

An Unsung Success Story: A Forty-Year Retrospective on U.S. Communications Policy, Christopher S. Yoo

Arbitration of Just Cause Claims Benefits Employees with Disabilities, Stacy A. Hickox

Asian Law Review Symposium: "Development of Intellectual Property Law in Asia": Announcement (3/30/18)

Associational Discrimination Theory & Sexual Orientation-Based Employment Bias, Alex Reed

Autonomous Vehicles: Problems and Principles for Future Regulation, Jeremy A. Carp

A Very Special Regulatory Milestone, William S. Laufer

Avoiding the Prisoner’s Dilemma: Refining the Bruton Rule to Resolve the Split Over Neutral Term Substitution, Kevin Wynosky

A Way Out of the "Rotten Social Background" Stalemate: "Scarcity" and Stephen Morse's Proposed Generic Partial Excuse, Elisabeth Winston Lambert

Baby M Turns 30: The Law and Policy of Surrogate Motherhood, Eric A. Feldman

Bankruptcy for Banks: A Tribute (and Little Plea) to Jay Westbrook, David A. Skeel Jr.

Bankruptcy’s Uneasy Shift to a Contract Paradigm, David A. Skeel Jr. and George Triantis

Behavioral Finance, Decumulation, and the Regulatory Strategy for Robo-Advice, Tom Baker and Benedict Dellaert

Behind Closed [Blue] Doors: Officer-Involved Domestic Violence and § 1983’s Potential, Anna Joseph

Beyond the Personal Benefit Test: The Economics of Tipping by Insiders, Jonathan R. Macey

Black and White and Gray All Over: How Anticlassification Theory Can Endorse Race-Based Affirmative Action Policies, Daniel C. Epstein

Breaking: FCC rolls back net neutrality regulations (audio with transcript), Herbert J. Hovenkamp

Broken Governments Across the Atlantic: What is the Role of Information Infrastructures?, Anne Meuwese

Campus Discourse and Democracy: Free Speech Principles Provide Sound Guidance Even after the Tumult of 2017, Catherine J. Ross

Can Big Data Revolutionize International Human Rights Law?, Galit A. Sarfaty

Can the Introduction of Administrative Reconsideration Committees Help Reform China's System of Administrative Reconsideration?, Yang Weidong

Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel Walters

Cents and Sensibilities, Allan W. Vestal

Certainty versus Flexibility in the Conflict of Laws, Kermit Roosevelt III

Charting Vagueness Shoals Through the Narrowing of Corruption Statutes, Khari L. Cyrus

China Can Say "No": Analyzing China's Rejection of the South China Sea Arbitration, Isaac B. Kardon

China's Belt and Road Initiative: Challenges for Arbitration in Asia, Patrick M. Norton

China's Regulatory Reform: Experiences, Challenges, and Prospects, Zhou Hanhua

Citizens United as Bad Corporate Law, Leo E. Strine Jr. and Jonathan Macey

Class Action Reform: Closing The Courthouse Doors on Victims, One Lawsuit at a Time, Henry C. Johnson

Class Actions, Statutes of Limitations and Repose, and Federal Common Law, Stephen B. Burbank and Tobias Barrington Wolff

Coin-Operated Capitalism, Shaanan Cohney, David A. Hoffman, Jeremy Sklaroff, and David A. Wishnick

Common Carriage’s Domain, Christopher S. Yoo

Completely Exhausted: Evaluating the Impact of Woodford v. Ngo on Prisoner Litigation in Federal Courts, Elana M. Stern

Conflict Constitution-Making in Libya and Yemen, Darin E.W. Johnson

Constitutional Equality and the Role of the Government, Kermit Roosevelt III

Constructive Ambiguity and Judicial Development of Insider Trading, Jill E. Fisch

Contemporary Practice of the United States Relating to International Law (112:1 Am J Int'l L), Jean Galbraith

Contemporary Practice of the United States Relating to International Law (112:2 Am J Int'l L), Jean Galbraith

Contemporary Practice of the United States Relating to International Law (112:3 Am J Int'l L), Jean Galbraith

Contemporary Practice of the United States Relating to International Law (112:4 Am J Int'l L), Jean Galbraith

Contested Visions: The Value of Systems Theory for Corporate Law, Tamara Belinfanti and Lynn Stout

Copyright as Market Prospect, Shyamkrishna Balganesh

Copyright as Market Prospect, Shyamkrishna Balganesh

Corporate Bankruptcy Hybridity, Melissa B. Jacoby

Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?, Mark P. Nevitt and Robert Percival

Crafting Complaints and Settlements in Child Welfare Litigation, Zach Strassburger

CRIMES THAT CHANGED OUR WORLD: TRAGEDY, OUTRAGE, AND REFORM: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson and Sarah M. Robinson

Criminal Law and Addiction, Stephen J. Morse

Cross-Disciplinary Newsletter Fall 2018

Damned if it Doesn’t and Damned if it Does: The European Court’s Margin of Appreciation and the Mobilizations Around Religious Symbols, Asim Jusic

Deconstructing Re-entry: Idenitfying Issues, Best Practices, and Solutions, Jamil A. Favors

Defending Actions Against Corporate Clients of Private Security Companies, Andrew L. Pickens

Delegating for Trust, Edward H. Stiglitz

Digital Media and Unionization in the “Guilded" Age: How Labor Organizations in the Entertainment Industry Are Swimming Against the Current of Streaming New Media and Technology, Jacqueline G.H. Kim

Distributive Principles of Criminal Law, Paul H. Robinson and Tyler Scot Williams

Diversity Gone Wrong: A Historical Inquiry into the Evolving Meaning of Diversity from Bakke to Fisher, Ofra Bloch

Domestic Impact of the Management Process Under the OECD Anti- Bribery Convention, Seunghyun Nam

Don't Answer That: Revisiting the Political Question Doctrine in State Courts, Nat Stern

Down But Not Out: Trinity Lutheran's Implications for State No-Aid Provisions, Anthony Joseph

Dual Residents: A Sur-Reply to Zelinsky, Michael S. Knoll and Ruth Mason

Due Process of Lawmaking Revisited, Stephen Gardbaum

Editors' Note, Jacques deLisle and Neysun A. Mahboubi

Edward V. Sparer Symposium: "Reparations. Now.": Announcement (1/19/18)

Edward V. Sparer Symposium: "Reparations. Now.": Selected Bibliography (1/19/18)

Examining Regulatory Capture: Looking Back at the Fukushima Nuclear Power Plant Disaster, Seven Years Later, Kiyoshi Kurokawa and Andrea Ryoko Ninomiya

Exit Rights, Pluralism, and Equal Citizenship: Why Religious Exemptions are Still Worth It, William Simpson

Fannie Mae and Freddie Mac's Subversion of State Consumer Protection Law Under the Guise of HERA: Post-Foreclosure Litigation in Massachusetts, Nicole Summers

FCC Reorganization: How Replacing Silos With Functional Organization Would Advance Civil Rights, David Honig

FDA Regulation of 3D‐Printed Organs and Associated Ethical Challenges, Elizabeth Kelly

Federalist Society Symposium: "Exploring Ideological Divides Among Conservatives": Announcement (3/22/18)

Federalizing Direct Paid Leave, Ryan H. Nelson

Finding the Right Balance in Appraisal Litigation: Deal Price, Deal Process, and Synergies, Lawrence A. Hamermesh and Michael L. Wachter

Finding Viewpoint Neutrality in Our Constitutional Constellation, Maura Douglas

Fixing the Sixties: Simplify Government and Restore Human Responsibility, Philip K. Howard

Following the Letter of the Law Into Absurdity: Why the Supreme Court's Severability Rule Does Not Preclude Determining an Arbitration Provision's Enforceability Under the Law Supplied by an Agreement's General Choice-of-Law Clause, Paul B. Maslo

Foreword: Bankruptcy’s New and Old Frontiers, William W. Bratton and David A. Skeel Jr.

Fourth Amendment Moralism, Anna Lvovsky

Freedom of Conscience, but Which One? In Search of Coherence in the U.S. Supreme Court's Religion Jurisprudence, Patrick Weil

Gouverneur Morris and James Wilson at the Constitutional Convention, Jack Heyburn

Halo Is Not the Saving Grace for the Patent System, Jennifer Hartjes

Heller as Popular Constitutionalism? The Overlooked Narrative of Armed Black Self-Defense, Katherine J. King

How Liability Insurers Protect Patients and Improve Safety, Tom Baker and Charles Silver

How Much Progress Can Legislation Bring? The 2014 Amendment of the Administrative Litigation Law of PRC, He Haibo

How SCOTUS has diminished private enforcement of federal rights, Stephen B. Burbank and Sean Farhang

How the Campaign Against Economic Inequality Undermines Political Equality, Don Watkins and Yaron Brook

How the United States Withdrawal from the Trans-Pacific Partnership Benefits China, Daniel C. K. Chow, Ian Sheldon, and William McGuire

Identity Crisis: Claim Preclusion in Constitutional Challenges ro Statutes, Riley T. Keenan

Incentives, Lies, and Disclosure, Christopher Robertson and D. Alex Winkelman

Informed Consent and the Role of the Treating Physician, Eric Feldman, Holly Fernandez Lynch, and Steven Joffe

Innovation and Tradition: A Survey of Intellectual Property and Technology Legal Clinics, Cynthia L. Dahl and Victoria F. Phillips

Institutional Lock-in Within the Field of Investment Arbitration, Andrea K. Bjorklund and Bryan H. Druzin

Intercampus Sexual Assault Accountability: Protecting Students Off Campus, Katherine E. Leung

Intersectionality and the Constitution of Family Status, Serena Mayeri

Interview with Alan M. Lerner, Lake Srinivasan; Alan M. Lerner; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with Clyde W. Summers, Irene Barbarena; Isaac Dwel; Clyde W. Summers; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with Curtis Reitz, Scott White; Curtis R. Reitz; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with Cynthia E. White, Antoinette E. Walker; Cynthia E. White; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with David Rudovsky, Lisa H. Hernandez; David Rudovsky; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with E. Norman Veasey, Andrew Edelstein; E. Norman Veasey; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with Jerome J. Shestack, Mark Malcoun; Jerome J. Shestack; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with Judge Arlin M. Adams, Sarah Barringer Gordon; Arlin M. Adams; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with Mary Catherine Roper, Christine Docherty; Mary Catherine Roper; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with Michael Levy, Christina Fahmy; Michael Levy; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with Michele Tuck-Ponder, Diankha Warren; Michele Tuck-Ponder; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with Myer "Mike" Feldman, Meredith Coleman; Myer Feldman; and Legal Oral History Project, University of Pennsylvania Carey Law School

Interview with Robert C. Sheehan, Daniel Yunger; Robert C. Sheehan; and Legal Oral History Project, University of Pennsylvania Carey Law School

Is Antitrust's Consumer Welfare Principle Imperiled?, Herbert J. Hovenkamp

Is Government Broken?, Kasim Reed

Is Government Really Broken?, Cary Coglianese

Is Obamacare on life support? (with transcript), Allison K. Hoffman and Victoria Pelham

Issue Preclusion in Employment Arbitration After Epic Systems v. Lewis, Samuel Estreicher and Lukasz Swiderski

James Wilson as the Architect of the American Presidency, Christopher S. Yoo

Journal of Constitutional Law Symposium: "Executive Power: Immigration in the New Administration": Announcement (1/26/18)

Journal of Law and Public Affairs Symposium: Regulation of Genetic Engineering: Announcement (2/10/18)

Just and Speedy: On Civil Discovery Sanctions for Luddite Lawyers, Michael Thomas Murphy

Juvenile Miranda Waivers and Wrongful Convictions, Hana M. Sahdev

Kennedy's Legacy: A Principled Justice, Mitchell N. Berman and David Peters

Law & Innovation Journal Symposium: "Revisiting the Kinship between Copyright and Patent Law": Announcement (4/19/18)

Law Review Symposium: "The History, Theory, and Practice of Administrative Constitutionalism": Announcement (10/19-20/18)

Law Review Symposium: "The History, Theory, and Practice of Administrative Constitutionalism": Selected Bibliography (10/19-20/18)

Law, Society, and Setsuo: Miyazawa’s Influence on Socio-Legal Studies, Eric A. Feldman

Law, Virtual Reality, and Augmented Reality, Mark A. Lemley and Eugene Volokh

Learning What Works in Regulation, Cary Coglianese and Todd Rubin

Legal Innovation in Investment Law: Rhetoric and Practice in Emerging Countries, Sonia E. Rolland and David M. Trubek

Legal Mechanisms for Governing the Transition of Key Domain Name Functions to the Global Multi-Stakeholder Community, Christopher S. Yoo, Aaron Shull, and Paul Twomey

Lessons from DataRescue: The Limits of Grassroots Climate Change Data Preservation and the Need for Federal Records Law Reform, Sarah Lamdan

Liberty and Security: A Balanced Approach, Fritz Alhoff

Litigating Alternative Facts: School Vaccine Mandates in the Courts, Dorit Rubinstein Reiss

“Long Past Time”: CEDAW Ratification in the United States, Rangita de Silva de Alwis and Amanda Martin

“Long Past Time”: CEDAW Ratification in the United States, Rangita de Silva de Alwis and Amanda M. Martin

Making Sustainability Disclosure Sustainable, Jill E. Fisch

Marginal Rates Under the TCJA, Reed Shuldiner

Military Justice: A Very Short Introduction (Book Review), Mark Patrick Nevitt

Money for Nothing: The Treatment of Bitcoin in Section 550 Recovery Actions, Mary E. Maginnis

Mothers in Crisis: Redefining and Expanding the Disaster Law Framework to Address Pregnant Women's Health Care Needs, Nancy Zambrana

Mutual Funds and the Regulatory Capture of the SEC, Stewart L. Brown

Neighborhood Upzoning and Racial Displacement: A Potential Target for Disparate Impact Litigation?, Bradley Pough

Neil Gorsuch and beyond: Trump’s Supreme Court picks, Stephanos Bibas and Kimberly Robinson

Neurohype and the Law: A Cautionary Tale, Stephen J. Morse

Note from the Editor-in-Chief, Miriam Archibong

Not Your Mouthpiece: Abortion, Ideology, and Compelled Speech in Physician-Patient Relationships, Sarah Kramer

Occam's Phaser: Making Proportional Discovery (Finally) Work in Litigation by Requiring Phased Discovery, Michael Thomas Murphy

On the Disparate Treatment of Business and Personal SALT Payments, Michael S. Knoll

Open for Business: Illinois Courts and Party Politics, Michael H. LeRoy

Originalism and the General Concurrence: How Originalists Can Accommodate Entrenched Precedents While Reining in Commerce Clause Doctrine, William James Seidleck

Our Country, Right or Wrong: The FTC Act’s Influence on National Silos in Antitrust Enforcement, Steven S. Nam

Our Imperiled Absolutist First Amendment, Zachary S. Price

Our Principled Constitution, Mitchell N. Berman

Our Regionalism, Jessica Bulman-Pozen

Pandora’s Digital Box: The Promise and Perils of Digital Wallets, Adam J. Levitin

Parsing President Trump’s executive orders on immigration, Sarah Paoletti and Laura Francis

Patenting Around Failure, Sean B. Seymore

Penn Intellectual Property Group Symposium: "Open Source’s Impact on Innovation": Announcement (3/27/18)

Penn Law E-Brief (April 2018)

Penn Law E-Brief (February 2018)

Penn Law E-Brief (May 2018)

Penn Law E-Brief (November 2018)

Penn Law E-Brief (September 2018)

Penn Law Journal: Engineering Change at the SEC

Petitioning and the Making of the Administrative State, Maggie Blackhawk

Phantom Regulation: New Supreme Court Algorithm Changing Executive Power, Steven Ferrey

PHH Corporation v. Consumer Financial Protection Bureau: Financial Fairness and Administrative Anxiety, Shayak Sarkar and Joshua A. Rosenthal

Pleading for Freedom: The Threat of Guilty Pleas Induced by the Revocation of Bail, John D. Parron

Positive Disruption: Addressing Race in a Time of Social Change Through a Team-Taught, Reflection-Based, Ouward-Looking Law School Seminar, Alexi Nunn Freeman and Lindsey Webb

Post-Conflict Pluralism, Rachel Lopez

Preserving the Impartiality and Constitutionality of SEC ALJs: Congressional Reform over Administrative Remediation, Kaiya Arroyo

President Trump recognizes Jerusalem as Israel’s capital (audio), William W. Burke-White

Private Investment Fund Regulation – Theory and Empirical Evidence from 1998 to 2016, Wulf A. Kaal

Product Differentiation, Christopher S. Yoo

Property and the True-Sale Doctrine, Heather Hughes

Prophylactic Merger Policy, Herbert J. Hovenkamp

Quattrone Center Spring Symposium: "Re-Forming Criminal Justice: Structural Innovations to Improve the Administration of Justice": Announcement (4/12-13/18)

Redefining and Regulating the New Sharing Economy, Inara Scott and Elizabeth Brown

Reflections on Two Years of P.R.O.M.E.S.A., David A. Skeel Jr.

Reforming the Pentagon: Reflections on How Everything Became War and the Military Became Everything, Mark P. Nevitt

Refugees, Rights, and Responsibilities: Bridging the Integration Gap, Megan J. Ballard

Regulating E-Cigarettes: Why Policies Diverge, Eric A. Feldman

Regulation and the Marginalist Revolution, Herbert J. Hovenkamp

Remedial Reading: Evaluating Federal Courts' Application of the Prejudice Standard in Capital Sentences from "Weighing" and "Non-Weighing" States, Sarah Gerwig-Moore

Restoring Trust in the Responsive City, Stephen Goldsmith and Craig Campbell

Resurrecting “A Comprehensive Charter of Economic Liberty”: The Latent Power of the Federal Trade Commission, Sandeep Vaheesan

Rights and Retrenchment in the Trump Era, Stephen B. Burbank and Sean Farhang

Rogue Retailers or Agents of Necessary Change? Using Corporate Policy as a Tool to Regulate Gun Ownership, Mystica M. Alexander and Scott R. Thomas

Root Cause Analysis: A Tool to Promote Officer Safety and Reduce Officer Involved Shootings Over Time, John Hollway, Calvin Lee, and Sean Smoot

Sanctuary Corporations: Should Liberal Corporations Get Religion?, Elizabeth Brown and Inara Scott

Saving the Korean Securities Class Action, Benjamin Joon-Buhm Lee

“Second Looks, Second Chances”: Collaborating with Lifers Inc. on a Video about Commutation of LWOP Sentences, Regina Austin

Selected Biblioghraphy for Latinx Law Student Association Conference: "Latin@s and the Criminal Justice System: A Conversation about How the Juvenile Justice System and Increased Immigration Enforcement Impacts the Latinx Community" (2/2/18)

Selected Bibliography for Caroline Zelaznik Gruss and Joseph S. Gruss Lectures in Talmudic Civil Law: Christine Hayes: “Divine Law: A Tale of Two Concepts (and three responses)” (1/30/18)

Selected Bibliography for Center for Neuroscience & Society Panel Discussion: "All About Vaping: Science, Policy, and Society" (11/1/18)

Selected Bibliography for Center for Technology, Innovation, and Competition 10th Anniversary (4/11/18)

Selected Bibliography for Center for Technology, Innovation and Competition Panel Discussion: "Hot Topics in Antitrust" (12/5/18)

Selected Bibliography for Center for Technology, Innovation and Competition Panel Discussion: "We’ve Been Wrong for 30 Years? TC Heartland and its Implications for Patent Law and Practice" (4/4/18)

Selected Bibliography for Christopher Yoo and Kevin Werbach: "What’s Next With Net Neutrality?" (2/7/18)

Selected Bibliography for Irving R. Segal Lecture in Trial Advocacy: Brig. Gen. John G. Baker: "Drinking from a Poisoned Chalice Post 9/11: Defending the Rule of Law in the Guantanamo Bay Military Commissions" (4/4/16)

Selected Bibliography for Law & Etrepreneurship Lecture: Osagie Imasogie: "Intellectual Property – The New Global Currency” (11/13/18)

Selected Bibliography for Movie Screening, Panel Discussion and Networking Reception: "Balancing the Scales" (1/23/18)

Selected Bibliography for Panel Discussion: "Current Developments in Blockchain Law and Policy" (3/22/18)

Selected Bibliography for "Preview of IP and Antitrust Cases before the Supreme Court - October 2018 Term" (9/26/18)

Selected Bibliography for Reunion CLE Disucssions (5/11-12/18)

Selected Bibliography for Screening and Discussion of the Film “Camp 72” (10/15/18)

Selected Bibliography for the Paul G. Haaga, Jr. Lecture in Law. Government, and Public Policy: H. R. McMaster: "Russian New Generation Warfare and the Threat to the Free World" (11/1/18)

Settling the Staggered Board Debate, Yakov Amihud, Markus Schmid, and Steven Davidoff Solomon

“Shadow 401(k)s” in response to retirement crisis, Deepa Das Acevedo

Shareholder Collaboration, Jill E. Fisch and Simone M. Sepe

Smart Contracts and the Cost of Inflexibility, Jeremy M. Sklaroff

Sovereigns, Shopkeepers, and the Separation of Powers, Jon D. Michaels

Stages of Constitutional Grief: Democratic Constitutionalism and the Marriage Revolution, Anthony Michael Kreis

State Court Rewriting of Overbroad Statutes, David Schneyer

State Legislatures and Solving the Eighth Amendment Ratchet Puzzle, Jeffrey Omar Usman

Statutes and Rules of Law as Implied Contract Terms: The Divergent Approaches and a Proposed Solution, Steven W. Feldman

Stay Put and the Individuals with Disabilities Education Act: A Proposal for Clarity and Change, Blakely Evanthia Simoneau

Still Living After Fifty Years: A Census of Judicial Review Under the Pennsylvania Constitution of 1968, Seth F. Kreimer

Stings and Scams: "Fake News," the First Amendment, and the New Activist Journalism, Michael C. Dorf and Sidney G. Tarrow

Sufficiently Criminal Ties: Expanding VAWA Criminal Jurisdiction for Indian Tribes, Maura Douglas

Suppressed Anger, Retaliation Doctrine, and Workplace Culture, Leora Eisenstadt and Deanna Geddes

Symposium Honoring U.S. Supreme Court Associate Justice Ruth Bader Ginsburg: Announcement (2/12/18)

Talking Trump and the Twenty-fifth Amendment: Correcting the Record on Section 4, Joel K. Goldstein

Taming Title IX Tensions, Naomi M. Mann

Taxation without Information: The Institutional Foundations of Modern Tax Collection, Wei Cui

Taxing the Gig Economy, Kathleen Delaney Thomas

Terry Stops and Frisks: The Troubling Use of Common Sense in a World of Empirical Data, David Rudovsky and David A. Harris

Thanks for the Memories: Compensating Franchisee Goodwill After Franchise Termination, Robert W. Emerson

The American Legislative Exchange Council as a "Friend of the Court" in Education Cases, Maria M. Lewis, Julie F. Mead, and Daniella Hall

The Bankruptcy Partition, Douglas G. Baird, Anthony J. Casey, and Randal C. Picker

The Black Box of International Civil Servant Accountability: Searching for Order in the Disordered United Nations System, Allison Kowalski

The Challenges to Political Legitimacy in Contemporary America, Rogers M. Smith

The Contours of Permissionless Innovation in the Outer Space Domain, Matthew Schaefer

The Decline of Supreme Court Deference to the President, Lee Epstein and Eric A. Posner

The Development of Arbitral Institutions in Asia, Christopher K. Tahbaz and Justin R. Rassi

The Disparate Impact Canon, Michael T. Morley

The Economics of Immigration Reform, Howard F. Chang

The Effect of Health Insurance Coverage Expansions on Auto Liability Claims and Costs, Srikanth Kadiyala and Paul Heaton

The Effects of Holistic Defense on Criminal Justice Outcomes, James Anderson, Maya Buenaventura, and Paul Heaton

The Empty Idea of "Equality of Creditors", David A. Skeel Jr.

The Ethos of Public Service at Penn Law, Theodore W. Ruger

The False Hope of Union Democracy, Jedidiah J. Kroncke

The Flint, Michigan Water Crisis: Concurrent Private-Public Funds as the Most Effective Legal Tool to Compensate Victims, Samantha Weiss

The Fourth Year of Forgetting: The Troubling Expansion of the Right to Be Forgotten, Dawn Carla Nunziato

The Garland Nomination, the Senate's Duty, and the Surprising Lessons of Constitutional Text, Peter J. Eckerstrom

The Hidden Structures of Inequality: The Federal Reserve and a Cascade Of Failures, Emma Coleman Jordan

The "Holy Trinity" of the United Nations Universal Periodic Review: How to Make an Effective Recommendation Regarding Women's Rights, Sarah Tufano

The Illusory Coverage Doctrine: A Critical Review, Ian Weiss

The Impact of Employment Law and Practices on Business and Society: The Significance of Worker Voice, Cindy A. Schipani, Frances J. Milliken, and Terry Morehead Dworkin

The Inevitability and Ubiquity of Cycling in All Feasible Legal Regimes: A Formal Proof, Leo Katz and Alvaro Sandroni

The International Court and Rule-Making: Finding Effectiveness, Leo Park

The International Criminal Court Under Attack (with transcript), William W. Burke-White

The Internationalization of Sources of Labor Law, James J. Brudney

The Law of Social Entrepreneurship – Creating Shared Value through the Lens of Sandra Day O’Connor’s iCivics, Anat Alon-Beck

The Loving Story: Using a Documentary to Reconsider the Status of an Iconic Interracial Married Couple, Regina Austin

The Marketplace of Fake News, Ari Ezra Waldman

The Material Support Statutes and Their Tenuous Relationship with the Constitution, Abdulrahman Alwattar

The Myth of Morrison: Securities Fraud Litigation Against Foreign Issuers, Robert Bartlett, Matthew D. Cain, Jill E. Fisch, and Steven Davidoff Solomon

The Neuroscientific Non-Challenge to Meaning, Morals, and Purpose, Stephen J. Morse

The New Heckler's Veto: Shouting Down Speech on College Campuses, Charles S. Nary

The New Titans of Wall Street: A Theoretical Framework for Passive Investors, Jill E. Fisch, Asaf Hamdani, and Steven Davidoff Solomon

The Nuclear Option: What Can States Do to Encourage Clean Energy After Hughes and EPSA?, Jennifer Ko

The One Fixed Star in Higher Education: What Standard of Judicial Scrutiny Should Courts Apply to Compelled Curricular Speech in the Public University Classroom?, Joseph J. Martins

The Operational and Administrative Militaries, Mark P. Nevitt

The Original Meaning of "Natural Born", Michael D. Ramsey

The Origin of LL.M. Programs: A Case Study of the University of Pennsylvania Law School, Matthew S. Parker

The Other Half of the Abortion Right, Thomas B. Colby

The Paycheck Problem, Jennifer Mueller

The Pension Benefit Guaranty Corporation’s Valuation Regulation in Bankruptcy: Entitled to Chevron Deference or Arbitrary and Capricious?, James L. Bromley, Matthew M. Karlan, and Esther Lifshitz

The Political Process, Equal Protection, and Substantive Due Process, Jesse H. Choper and Stephen F. Ross

The Possibility of Ending Birthright Citizenship (audio with transcript), Kermit Roosevelt III

The Privacy Interest in Property, Abraham Bell and Gideon Parchomovsky

The Problem of Sunsets, Jill E. Fisch and Steven Davidoff Solomon

The Proficiency of Experts, Brandon L. Garrett and Gregory Mitchell

The Promise of Neuroscience for Law: Hope or Hype?, Stephen J. Morse

The Public Sector Ombudsman in Greater China: Four “Chinese” Models of Administrative Supervision, Stephen Thomson

THe Right to Be Counseled: The Effect of Collateral Consequences on the Strickland Standard, Paul Quincy

The Right to Die in the United States, Canada, and China: Legal Fictions and Their Utility in a Comparative Perspective, Konstantin Tretyakov

The Rise of Participatory Governance in China: Empirical Models, Theoretical Framework, and Institutional Analysis, Wang Xixin and Zhang Yongle

The Role of the Teaching Scholar in Politically Charged Times, Marianne M. Jennings

The Salience Theory of Consumer Financial Regulation, Natasha Sarin

The Self-Delegation False Alarm: Analyzing Auer Deference's Effect on Agency Rules, Daniel E. Walters

The Sessions Memorandum and the Laws of Physics: How AG Sessions’ Policy on Federal Charging Could Accelerate an Emerging Doctrine of Statutory Interpretation Based on Principles of Over-Criminalization and Abuse of Prosecutorial Discretion, Adeel Mohammad Bashir

The Subversions and Perversions of Shadow Vigilantism, Paul H. Robinson and Sarah M. Robinson

The Tao of The DAO: Taxing an Entity That Lives on a Blockchain, David J. Shakow

Tincher Unmasked, Frank J. Vandall

Toward a Horizontal Fiduciary Duty in Corporate Law, Asaf Eckstein and Gideon Parchomovsky

Trust but Verify: Domestic Politics and International Coordination in U.S. Post-Crisis Financial Regulatory Policy, Nicholas Kean Tabor

Uncharted territory for U.S. patent law, R. Polk Wagner and Tony Dutra

Understanding mass killings in Las Vegas and beyond, Stephen J. Morse

Understanding U.S. Immigration Policy and Trump’s Family-Separation Executive Order (with transcript), Sarah Paoletti and Serena Mayeri

Unfit for the Constitution: Nativism and the Constitution, from the Founding Fathers to Donald Trump, Jared A. Goldstein

Unsettled: Victim Discretion in the Administration and Enforcement of Criminal Restitution Orders, David Peters

Views Among College Students Regarding Freedom of Expression: An Analysis in Light of Key Supreme Court Decisions, John Villasenor

Was the AMT Effectively Repealed?, Reed Shuldiner

What About Uncle Sam? Carving a Place for the Public Trust Doctrine in Federal Climate Litigation, Zachary L. Berliner

What Congress’ repeal efforts reveal about federal regulatory reform (audio), Cary Coglianese and Gabriel Scheffler

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese and Gabriel Scheffler

What does the FCC rollback of privacy rules actually mean?, Christopher S. Yoo and Kyle Daly

What Equity, the Promise Economy, and Cognition Mean for How Fiduciary Law Should Develop, H. Justin Pace

Whatever Did Happen to the Antitrust Movement?, Herbert J. Hovenkamp

What’s next for climate policy and environmental regulation?, Cary Coglianese and Dean Scott

What the Kavanaugh nomination means for legal and social movements (audio with transcript), Serena Mayeri

When Does Sex Diversity on Boards Benefit Firms?, Darren Rosenblum

Who Needs Chevron? Pfizer, the Anti-Inversion Regulations, and the Anti-Injunction Act, Matthew A. Melone

Why Don’t General Counsels Stop Corporate Crime?, S. Burcu Avci and H. Nejat Seyhun

Why International Law Should Matter to Black Lives Matter: A Draft Petition to the Inter-American Commission on Human Rights on Behalf of the Family of Eric Garner, Laura Goolsby

Will the Supreme Court Agree with the NLRB That Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers in Both Judicial and Arbitral Forums Violate the National Labor Relations Act – Whether There is an Opt-Out or Not?, Christine Neylon O'Brien

Women’s Human Rights and Migration: Sex-Selective Abortion Laws in the United States and India, Rangita de Silva de Alwis