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Penn Law: Legal Scholarship Repository

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    Content Posted in 2018

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

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

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

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    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

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

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

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    A Critical Analysis of the Online Court, Doron Menashe

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    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

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

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    A General Mitigation for Crimes Driven by Emotion?: Physiological, Personal Choice, and Normative Inquiries, Paul H. Robinson

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

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

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

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

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

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

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

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

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

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

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

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

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

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    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)

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    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)

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    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)

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    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)

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    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)

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

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    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)

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

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    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)

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

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

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

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

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    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)

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

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    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)

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    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)

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

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

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

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

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

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

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

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

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

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

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    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)

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    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)

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

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

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

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    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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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    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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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    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)

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

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

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

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

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

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

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

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

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

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

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

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

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    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)

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

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

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    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)

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

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

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

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

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    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)

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    Anthony Kennedy: A Most Principled Justice, Mitchell N. Berman and David Peters

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

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

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    Antitrust looms large in Trump administration, Herbert J. Hovenkamp and Liz Crampton

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

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

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

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

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    A Very Special Regulatory Milestone, William S. Laufer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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    Cents and Sensibilities, Allan W. Vestal

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

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

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

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

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

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

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    Common Carriage’s Domain, Christopher S. Yoo

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

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

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

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

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

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

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

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    Copyright as Market Prospect, Shyamkrishna Balganesh

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    Copyright as Market Prospect, Shyamkrishna Balganesh

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

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    Crafting Complaints and Settlements in Child Welfare Litigation, Zach Strassburger

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    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

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    Cross-Disciplinary Newsletter Fall 2018

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    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

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

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

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    Delegating for Trust, Edward H. Stiglitz

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    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

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

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

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

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    Editors' Note, Jacques deLisle and Neysun A. Mahboubi

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

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

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

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

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

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

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

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

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    Federalizing Direct Paid Leave, Ryan H. Nelson

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

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    Finding Viewpoint Neutrality in Our Constitutional Constellation, Maura Douglas

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

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    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

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    Fourth Amendment Moralism, Anna Lvovsky

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

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

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

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

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

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

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

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

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

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

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

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

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    Intellectual Property and the Economics of Product Differentiation, Christopher S. Yoo

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

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    Intersectionality and the Constitution of Family Status, Serena Mayeri

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

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

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

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

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

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

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

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

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

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    Interview with Michele Tuck-Ponder (3/9/00), Diankha Warren; Michele Tuck-Ponder; and Legal Oral History Project, University of Pennsylvania Law School

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

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

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

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    Is Government Broken?, Kasim Reed

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    Is Government Really Broken?, Cary Coglianese

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    Is Obamacare on life support?, Allison K. Hoffman and Victoria Pelham

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

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    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)

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    Juvenile Miranda Waivers and Wrongful Convictions (Winner of American Constitution Society's National Student Writing Competition), Hana M. Sahdev

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

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

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

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

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

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    Learning What Works in Regulation, Cary Coglianese and Todd Rubin

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

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    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

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

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    Letter from the Editor-in-Chief, Miriam Archibong

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    Liberty and Security: A Balanced Approach, Fritz Alhoff

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

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

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    Making Sustainability Disclosure Sustainable, Jill E. Fisch

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    MAPPING AMERICAN CRIMINAL LAW: VARIATIONS ACROSS THE 50 STATES: Chapter One: Distributive Principles of Criminal Law, Paul H. Robinson and Tyler Scot Williams

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    Marginal Rates Under the TCJA, Reed Shuldiner

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

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

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

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

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

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

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

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

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

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

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

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

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

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    Our Imperiled Absolutist First Amendment, Zachary S. Price

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    Our Principled Constitution, Mitchell N. Berman

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    Our Regionalism, Jessica Bulman-Pozen

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

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

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    Passive Investors, Jill E. Fisch, Asaf Hamdani, and Steven Davidoff Solomon

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    Patenting Around Failure, Sean B. Seymore

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

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    Penn Law E-Brief (April 2018)

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    Penn Law E-Brief (February 2018)

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    Penn Law E-Brief (May 2018)

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    Penn Law E-Brief (Spetember 2018)

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    Penn Law Journal: Engineering Change at the SEC

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    Petitioning and the Making of the Administrative State, Maggie McKinley

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

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

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

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    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

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    Post-Conflict Pluralism, Rachel Lopez

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

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

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

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    Property and the True-Sale Doctrine, Heather Hughes

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    Property as the Right to Be Left Alone, Abraham Bell and Gideon Parchomovsky

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    Prophylactic Merger Policy, Herbert J. Hovenkamp

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

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

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

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

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

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

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    Regulation and the Marginalist Revolution, Herbert J. Hovenkamp

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

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

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

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

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

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

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

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

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

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    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)

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    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)

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

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    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)

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

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    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)

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

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

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

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

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

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

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

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

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

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

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    State Court Rewriting of Overbroad Statutes, David Schneyer

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

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

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

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

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

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

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

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

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    Taming Title IX Tensions, Naomi M. Mann

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

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    Taxing the Gig Economy, Kathleen Delaney Thomas

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

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

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

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

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

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

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

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

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    The Disparate Impact Canon, Michael T. Morley

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    The Economics of Immigration Reform, Howard F. Chang

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

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

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

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    The False Hope of Union Democracy, Jedidiah J. Kroncke

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

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

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

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

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    The Illusory Coverage Doctrine: A Critical Review, Ian Weiss

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    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

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

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

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    The International Criminal Court Under Attack, William W. Burke-White

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

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

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

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    The Marketplace of Fake News, Ari Ezra Waldman

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

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

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    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

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    The Operational and Administrative Militaries, Mark P. Nevitt

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

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

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

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    The Paycheck Problem, Jennifer Mueller

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    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

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

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

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

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

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

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

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

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    The Salience Theory of Consumer Financial Regulation, Natasha Sarin

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

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    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

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

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

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    Tincher Unmasked, Frank J. Vandall

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

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

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

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

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

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

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

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

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    Was the AMT Effectively Repealed?, Reed Shuldiner

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

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

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

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

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

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

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

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    What the Kavanaugh nomination means for legal and social movements, Serena Mayeri

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

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

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

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    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

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    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

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

 
 
 

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