Content Posted in 2018
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 Crimes Driven by Emotion?: Physiological, 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
An Initial, but Positive, Step in the Realm 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 Amy Adler: "Robert Mapplethorpe, Obscenity Law, and the First Amendment" (3/15/18)
Announcement of Book Talk: Steven Vogel: "Marketcraft: How Governments Make Markets Work" (3/19/18)
Announcement of Center for Technology, Innovation, and Competition 10th Anniversary (4/11/18)
Announcement of Christopher Yoo and Kevin Werbach: "What’s Next With Net Neutrality?" (2/7/18)
Announcement of "Energy and Geopolitics in Today’s Political Climate" (4/5/18)
Announcement of Law and Economics Seminar: Josh Fischman: " How Many Cases are Easy?" (4/5/18)
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 Legal History Consortium Workshop: Dylan Penningroth (4/11/18)
Announcement of Legal History Consortium Workshop: Shaun Ossei-Owusu (2/1/18)
Announcement of Marci Hamilton: “Is the Establishment Clause Dead or Alive?” (9/25/18)
Announcement of Owen J. Roberts Memorial Lecture: Ruth Bader Ginsburg (2/12/18)
Announcement of Panel Discussion: "Current Developments in Blockchain Law and Policy" (3/22/18)
Announcement of Panel Discussion: "Gun Control" (3/13/18)
Announcement of Panel Discussion: "Impeachment" (2/6/18)
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: "The J20 Trials and the Criminalization of Dissent" (3/20/18)
Announcement of Paul Clement: "The Legacy of Hobby Lobby" (1/31/18)
Announcement of Reunion CLE Discussions (5/11-12/18)
Announcement of Richard Dicker: "Why International Justice Still Faces Roadblocks" (3/28/18)
Announcement of Roger Normand: "A Frontline Report on the Humanitarian Crisis in Myanmar" (4/3/18)
Announcing the Death of Colgate: The Form and Substance of Vertical Price Fixing Agreements, Thomas K. Cheng
Anthony Kennedy: A Most Principled Justice, Mitchell N. Berman and David Peters
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, 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
Associational Discrimination Theory & Sexual Orientation-Based Employment Bias, Alex Reed
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), 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
Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel E. Walters
Cents and Sensibilities, Allan W. Vestal
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
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
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
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
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
Cross-Disciplinary Newsletter Fall 2018
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
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
Dual Residents: A Sur-Reply to Zelinsky, Michael S. Knoll and Ruth Mason
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, Dviad Honig
FDA Regulation of 3D‐Printed Organs and Associated Ethical Challenges, Elizabeth Kelly
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
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 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
Identity Crisis: Claim Preclusion in Constitutional Challenges ro Statutes, Riley T. Keenan
Incentives, Lies, and Disclosure, Christopher Robertson and D. Alex Winkelman
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
Intellectual Property and the Economics of Product Differentiation, Christopher S. Yoo
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 Law School
Interview with Clyde W. Summers, Irene Barbarena; Isaac Dwel; Clyde W. Summers; and Legal Oral History Project, University of Pennsylvania Law School
Interview with Curtis Reitz, Scott White; Curtis R. Reitz; and Legal Oral History Project, University of Pennsylvania Law School
Interview with Cynthia E. White, Antoinette E. Walker; Cynthia E. White; and Legal Oral History Project, University of Pennsylvania Law School
Interview with David Rudovsky, Lisa H. Hernandez; David Rudovsky; and Legal Oral History Project, University of Pennsylvania Law School
Interview with E. Norman Veasey, Andrew Edelstein; E. Norman Veasey; and Legal Oral History Project, University of Pennsylvania Law School
Interview with Jerome J. Shestack, Mark Malcoun; Jerome J. Shestack; and Legal Oral History Project, University of Pennsylvania Law School
Interview with Judge Arlin M. Adams, Sarah Barringer Gordon; Arlin M. Adams; and Legal Oral History Project, University of Pennsylvania Law School
Interview with Michael Levy, Christina Fahmy; Michael Levy; and Legal Oral History Project, University of Pennsylvania Law School
Interview with Michele Tuck-Ponder (3/9/00), Diankha Warren; Michele Tuck-Ponder; and Legal Oral History Project, University of Pennsylvania Law School
Interview with Myer "Mike" Feldman, Meredith Coleman; Myer Feldman; and Legal Oral History Project, University of Pennsylvania Law School
Interview with Robert C. Sheehan, Daniel Yunger; Robert C. Sheehan; and Legal Oral History Project, University of Pennsylvania 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?, Allison K. Hoffman and Victoria Pelham
James Wilson as the Architect of the American Presidency, Christopher S. Yoo
Juvenile Miranda Waivers and Wrongful Convictions (Winner of American Constitution Society's National Student Writing Competition), Hana M. Sahdev
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, Aaron Shull, Paul Twomey, and Christopher S. Yoo
Lessons from DataRescue: The Limits of Grassroots Climate Change Data Preservation and the Need for Federal Records Law Reform, Sarah Lamdan
Letter from the Editor-in-Chief, Miriam Archibong
Liberty and Security: A Balanced Approach, Fritz Alhoff
“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
MAPPING AMERICAN CRIMINAL LAW: VARIATIONS ACROSS THE 50 STATES: Chapter One: Distributive Principles of Criminal Law, Paul H. Robinson and Tyler Scot Williams
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: 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
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 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
Passive Investors, Jill E. Fisch, Asaf Hamdani, and Steven Davidoff Solomon
Patenting Around Failure, Sean B. Seymore
Penn Law E-Brief (February 2018)
Penn Law E-Brief (Spetember 2018)
Penn Law Journal: Engineering Change at the SEC
Petitioning and the Making of the Administrative State, Maggie McKinley
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
Property and the True-Sale Doctrine, Heather Hughes
Property as the Right to Be Left Alone, Abraham Bell and Gideon Parchomovsky
Prophylactic Merger Policy, Herbert J. Hovenkamp
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, Sephen 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 on a Video about Commutation of LWOP Sentences, Regina Austin
Selected Bibliography for Reunion CLE Disucssions (5/11-12/18)
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)
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 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 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 Hidden Structures of Inequality: The Federal Reserve and a Cascade Of Failures, Emma Coleman Jordan
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, 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, Alon Anat-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 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 Proficiency of Experts, Brandon L. Garrett and Gregory Mitchell
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 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, 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, 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
Women’s Human Rights and Migration: Sex-Selective Abortion Laws in the United States and India, Rangita de Silva de Alwis
