Content Posted in 2020 | Penn Law: Legal Scholarship Repository | University of Pennsylvania Carey Law School Research

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Content Posted in 2020

Abandoning Corporate Ontology: Original Economic Principles and the Constitutional Corporation, Owen Alderson

A Brief Overview of the NEBULA Future Internet Architecture, Tom Anderson, Ken Birman, Robert Broberg, Matthew Caesar, Douglas Comer, Chase Cotton, Michael J. Freedman, Andreas Haeberlen, Zachary G. Ives, Arvind Krishnamurthy, William Lehr, Boon Thau Loo, David Mazieres, Antonio Nicolosi, Jonathan M. Smith, Ion Stoica, Robbert van Renesse, Michael Walfish, Hakim Weatherspoon, and Christopher S. Yoo

Addicted to the War on Drugs, Brendan Walden

Addiction as Capabilities Failure, Jennifer Prah Ruger and Kara Zhang

A Formulaic Recitation Will Not Do: Why, as a Matter of Law, Federal Rule of Criminal Procedure 7(c) Should Be Interpreted to Be at Least as Stringent as Federal Rule of Civil Procedure 8(a), Charles Eric Hintz

A Functional Approach to Municipal Policymaker Determinations in Section 1983, Karen Lott

AI in Adjudication and Administration, Cary Coglianese and Lavi M. Ben Dor

Alternative Data Accumulation, Investment Management and the Ever-Present Spectre of Insider Trading Liability–Should Hedge Funds Be Concerned About Trading on Scraped Data?, Florian N. Kamp

An Essay on Pluralism in Financial Market Infrastructure Design: The Case of Securities Holding in the United States, Charles W. Mooney Jr.

A New (Republican) Litigation State?, Stephen B. Burbank and Sean Farhang

Announcement of 2020 Edwin R. Keedy Cup

Announcement of Alicia Hilton: "Double Jeopardy Post-Gamble" (1/22/20)

Announcement of Caroline Zelaznik Gruss and Joseph S. Gruss Lecture in Talmudic Civil Law: Benjamin Porat: "The Biblical Struggle for Social Justice: New Perspectives" (2/6/20)

Announcement of Caroline Zelaznik Gruss and Joseph S. Gruss Workshop: Benjamin Porat: "Evaluating Bodily Injury: Human Nature and Social Structure" (2/20/20)

Announcement of Center for Ethics & the Rule of Law and Penn Program on Regulation Book Talk: Michael Kearns and Aaron Roth: "The Ethical Algorithm: The Science of Socially Aware Algorithm Design" (1/29/20)

Announcement of Center for Ethics & the Rule of Law Book Talk: James R. Clapper: "Facts and Fears: Hard Truths from a Life in Intelligence" (2/27/20)

Announcement of Center for Ethics & the Rule of Law Conference: "Twenty Years of Women, Peace, and Security Initiatives: Are We Doing Better?" (2/11/20)

Announcement of Center for Ethics & the Rule of Law Film Screening and Panel Discussion: "The Report"

Announcement of Center for Technology, Innovation and Competition Law & Technology Scholarship Colloquium: Gideon Parchomovsky: "Two Conceptions of Fair Use" (2/19/20)

Announcement of Center for Technology, Innovation and Competition Law & Technology Scholarship Colloquium: Jennifer Rothman: "The First Amendment and the Right(s) of Publicity" (2/12/20)

Announcement of Center for Technology, Innovation and Competition Law & Technology Scholarship Colloquium: Tai Zarsky: "Optimizing Breach Notification" (3/4/20)

Announcement of Center for Technology, Innovation and Competition Panel DIscussion: "The Rise of Antitrust Scrutiny of Big Tech: Transatlantic Perspectives" (2/18/20)

Announcement of Center for Technology, Innovation and Competition Panel Discussion: "Year in Review: Law and Technology" (3/23/20)

Announcement of Chancery Court Program: "Cross-Border Deal Dynamics in A Fragmenting World: Regulatory Protectionism, Global Sustainability and Worker Concerns, Chinese State-Sponsored Enterprises, and Brexit"" (3/17/20)

Announcement of "Coding for Lawyers" (4/21/20)

Announcement of Daniel Benjamin: "Social-Science Genomics: A Primer and Progress Report" (3/5/20)

Announcement of Documentaries & the Law Lecture on Media and the First Amendment: Particia Roberts-Miller & Seth Kreimer: "Dialogue on Demagoguery and Free Speech" (2/20/20)

Announcement of Eric Helland: "The Effects of Product Liability on Safety: Evidence from Pharmaceutical Litigation" (2/20/20)

Announcement of Future of the Profession Initiative Conference: "Law 2030: A Global Conversation about the Future of the Profession" (2/27-28/20)

Announcement of Haleh Esfandiari: "A 30-Minute Fireside Chat on Iran" (1/14/20)

Announcement of International Women's Human Rights Roundtable: "Intersections: The Rights of Indigenous Peoples" (3/3/20)

Announcement of John Baker: "A More or Less Perfect Union: Amending the Constitution" (2/11/20)

Announcement of Justin Driver: "Are Public Schools Becoming Constitution-Free Zones?" (3/16/20)

Announcement of Kathryn Ciano Mauler: "Big Tech and the Regulatory State" (1/16/20)

Announcement of Lunch Conversation: Charles Ramsey (2/18/20)

Announcement of Mark P. Nevitt & Daniel Shields: "Law and DIplomacy: Conflict in the South China Sea" (2/13/20)

Announcement of Michael Brennan: "The Anti-Federalists: Then and Now" (1/30/20)

Announcement of Nicholas Rosenkranz: "The Subjects of the Constitution" (1/29/20)

Announcement of Nicholas Tabor: "Capital, Contagion, and Financial Crises: What Stops a Run from Spreading?" (2/6/20)

Announcement of Owen J. Roberts Lecture in Constitutional Law: Dorothy E. Roberts: "Abolition Constitutionalism" (3/3/20)

Announcement of Panel Discussion: "Affirmative Action In A Post-Harvard Landscape: Escaping The Model Minority Myth" (2/25/20)

Announcement of Panel Discussion: "Conversations about Justice: 0.5 Degrees: The Green New Deal and the Climate Crisis" (1/29/20)

Announcement of Panel Discussion: "Conversations About Justice: (Mis)Representation: On Prison-Based Gerrymandering in the 21st Century" (3/19/20)

Announcement of Panel Discussion: "Dual Allegiances in America: Christian, Jewish & Muslim Perspectives" (2/12/20)

Announcement of Panel Discussion: "Medicare for All and Beyond: Expanding Coverage, Containing Costs" (2/21/20)

Announcement of Paul G. Haaga, Jr. Lecture in Law, Government and Public Policy: Michéle Flournoy: "Driving Change through Red Tape: Policymaking in the World's Biggest Bureaucracy" (2/11/20)

Announcement of Penn Black Law Student Association Sadie Alexander Conference: "The Cost of Slavery: How Reparations Correct America’s Balance Sheet" (2/29/20)

Announcement of Penn Latinx Law Student Association Conference (3/20-21/20)

Announcement of Penn Law Asian Pacific American Law Student Association Conference: "Fighting for Visibility: Asian Americans in Law and Politics" (2/1/20)

Announcement of Penn Law Review Author Lunch: Eugene Volokh: "Anti-Libel Injunctions" (2/25/20)

Announcement of Penn Law Review Author Lunch: Joshua Macey and Jackson Salovaara: "Rate Regulation Redux" (2/12/20)

Announcement of Penn Law Review Author Lunch: Justin Murray: "Criminal Procedure and Prejudice" (3/3/20)

Announcement of Penn Law South Asian Law Students Association Conference: "A Century after Thind: South Asians in the Legal Profession" (2/7/20)

Announcement of Penn Program on Regulation Book Talk: Richard Cordray: "Watchdog: How Protecting Consumers Can Save Our Families, Our Economy, and Our Democracy" (3/25/20)

Announcement of Wharton Restructuring and Distressed Investing Conference (2/21/20)

Announcement of Yesha Yadav: "Debt Buybacks and the Myth of Creditor Power" (1/23/20)

Anti-Libel Injunctions, Eugene Volokh

Asian Law Review Symposium: "Al and Companionship: Prospects and Challenges to Harness the Power behind Algorithms to Tackle Social Issues" (2/28/20)

A Systems Theory of Compliance Law, David Orozco

A Truce in the Criminal Law Distributive Principle Wars?, Paul H. Robinson

Avoidance Creep, Charlotte Garden

Back to the Future of Cyber Insurance, Tom Baker

Bad Actors: Authenticity, Inauthenticity, Speech, and Capitalism, Sarah C. Hann

“Best” Interests and “Bad” Parents: Immigration and Child Welfare Through the Lens of SIJS and Foster Care, Ellyn Jameson

Blurred Lines: An Analysis of Whether Prosecutorial Discretion Extends to Lessening a Sentence Ex-Post in Light of the Separation of Powers Doctrine, Mikaela Meyer

Buckley 2.0: Would the Buckley Court Overturn Citizens United?, Miriam Galston

Business and bankruptcy during the coronavirus with Penn Law Professor David Skeel, David A. Skeel Jr.

Capitalist Variations in "Say on Pay": A Look at Corporate Governance Contradictions in Singapore and Hong Kong, Lance Ang

Catch Rule 22: When Interpleader Actions Violate Statutory and Constitutional Diversity Jurisdiction Requirements, Kristen DeWilde

Caught Between the FAA and the New York Convention: Non-signatories to International Commercial Arbitration Agreements and the "In Writing" Requirement, Tamar Meshel

Changing Race: Fluidity, Immutability, and the Evolution of Equal-Protection Jurisprudence, John Tehranian

Christianity and Bankruptcy, David A. Skeel Jr.

Civil Penalties Against Public Companies in SEC Enforcement Actions: An Empirical Analysis, David Rosenfeld

Collins and the Invention of "Curtilage", Chad Flanders

Commercial Law Intersections, Giuliano Castellano and Andrea Tosato

¿Cómo se dice 'due process'? Weighing the Added Value of Guaranteed Interpretive Services for Asylum Seekers, Victoria Yuhas

Compliance Management Systems: Do They Make a Difference?, Cary Coglianese and Jennifer Nash

Confronting Complexity with Regulatory Excellence: Recommendations in the Wake of the Philadelphia Refinery Explosion, Cary Coglianese

Contemporary Practice of the United States Relating to International Law (114:1 Am J Int'l L), Jean Galbraith

Contemporary Practice of the United States Relating to International Law (114:2 Am J Int'l L), Jean Galbraith

Context, Content, Intent: Social Media’s Role in True Threat Prosecutions, Megan R. Murphy

Copyright in the Artificially Intelligent Author: A Constitutional Approach Using Philip Bobbitt's Modalities of Interpretation, Brian Golger

Corporate Oversight and Disobedience, Elizabeth Pollman

Cross-Disciplinary Newsletter Spring 2020

Dean Ruger interviews Mayor Eric Johnson L’05 about Dallas’s response to COVID-19, Theodore Ruger and Eric Johnson

Dean Ruger interviews Rep. Mary Gay Scanlon L’84, Theodore Ruger and Mary Gay Scanlon

Deploying Machine Learning for a Sustainable Future, Cary Coglianese

Detkin Clinic Director Cyndi Dahl transcends Covid-19’s limitations on academia, Cynthia L. Dahl

Divorce as a Formal Gender-Equality Right, Karin Carmit Yefet

Divorce as a Substantive Gender-Equality Right, Karin Carmit Yefet

Does the United States’ Withdrawal from the Paris Agreement on Climate Change Pass the Cost-Benefit Analysis Test?, Carolina Arlota

Due Process in Antitrust Enforcement Through the Lens of Comparative Law, Christopher S. Yoo, Yong Huang, Thomas Fetzer, and Shan Jiang

Due Process in International Antitrust Enforcement: An Idea Whose Time Has Come, Christopher S. Yoo

Edward V. Sparer Symposium: “Philly Rising: Lawyering and Organizing for Racial and Economic Justice”: Announcement (2/7/2020)

ESG Disclosure in Comparative Perspective: Optimizing Private Ordering in Public Reporting, Virginia Harper Ho and Stephen Kim Park

Estimation Evidence, Jonah B. Gelbach

Family Fleeing: Family Membership as a Basis for Asylum, Christine Natoli

Federalism, ERISA, and State Single‐Payer Health Care, Erin C. Fuse Brown and Elizabeth Y. McCuskey

Financial Stability and National Security in an Era of Hegemonic Rivalry: The Need to Tighten United States Securities Disclosure Requirements, Joel Slawotsky

Former CEO of LabCorp Dave King L’82 discusses COVID-19 testing, Theodore Ruger and Dave King

Former Director of National Intelligence James Clapper on public trust and national intelligence, James Clapper and Claire Oakes Finkelstein

Getting Beneath the Topsoil of Knick: A Due Process Inquiry of the Rights of Property Owners Facing Unverified Burial Site Claims, Julian Weiss

Globalizing Property, Priya S. Gupta

Global Obligations for Sustainable Development: Harmonizing the 2030 Agenda for Sustainable Development and International Human Rights Law, Elena Pribytkova

Global Settlements: Promise and Peril, John C. Coffee Jr.

Google v. Oracle Amicus Merits Stage Brief: Vindicating IP’s Channeling Principle and Restoring Jurisdictional Balance to Software Copyright Protection, Peter Menell, David Nimmer, and Shyamkrishna Balganesh

Gun Laws and Mental Illness: Ridding the Statutes of Stigma, Susan McMahon

Habeas Class Actions: Current Opportunities and Challenges in Immigration Law, Ellyn Jameson

Hipster Antitrust: New Bottles, Same Old W(h)ine?, Christopher S. Yoo

House Judiciary Inquiry into Competition in Digital Markets: Statement, Herbert J. Hovenkamp

How Do You Like Me Now? Hamdan v. Rumsfeld and the Legal Justifications for Global Targeting, Shane R. Reeves, Winston Williams, and Amy McCarthy

Hybrid Entities and the Psychological Contract with Employee-Stakeholders, Norman D. Bishara

Immovable-Associated Equipment under the Draft Mac Protocol: A Sui Generis Challenge for the Cape Town Convention, Benjamin von Bodungen and Charles W. Mooney Jr.

Incitement in an Era of Populism: Updating Brandenburg After Charlottesville, Richard Ashby Wilson and Jordan Kiper

Indoctrination and Social Influence as a Defense to Crime: Are We Responsible for Who We Are?, Paul H. Robinson and Lindsay Holcomb

Infinite Arbitration Clauses, David Horton

In-group Bias and the Police: Evidence from Award Nominations, Nayoung Rim, Roman G. Rivera, and Bocar A. Ba

Insolvency Law as Credit Enhancement and Enforcement Mechanism: A Closer Look at Global Modernization of Secured Transactions Law, Charles W. Mooney Jr.

Intensive Care for Pain as an Overdose Prevention Tool: Legal Considerations and Policy Imperatives, Evan D. Anderson, Jason Sloan, and Leo Beletsky

Interview with Howard Lesnick, Meredith Coleman, Steffen Bressler, Brian Gurtman, Simi B. Kaplin, Donna Mancusi, Diankha Warren, Howard Lesnick, and University of Pennsylvania Carey Law School Legal Oral History Project

Journal of Business Law Symposium: "The Interplay of Antitrust Laws and Our Current Business Environment": Announcement (2/8/20)

Journal of Constitutional Law Symposium: "Constitutional Law Outside the Courts": Announcement (3/20/20)

Journal of International Law Symposium: "Climate Change: Promoting Global Sustainability": Announcement (2/20/20)

Journal of International Law Symposium: "Climate Change: Promoting Global Sustainability": Selected Bibliography (2/20/20)

Journal of Law & Innovation Symposium: "Rethinking Innovation Policy: The Role of the State": Announcement (1/24/20)

Journal of Law & Innovation Symposium: "Rethinking Innovation Policy: The Role of the State": Selected Bibliography (1/24/20)

Journal of Law & Public Affairs Symposium: "Red Lines, Red Tape: Combating the Housing Crisis & Ending Residential Discrimination": Announcement (2/5/20)

Journal of Law & Public Affairs Symposium: "Red Lines, Red Tape: Combating the Housing Crisis & Ending Residential Discrimination": Selected Bibliography (2/5/20)

Justice Department's New Position on Patents, Standard Setting, and Injunctions, Herbert J. Hovenkamp

Justifying Bad Deals, Tess Wilkinson-Ryan

Laboratories of Democracy Reform: State Constitutions and Partisan Gerrymandering, Samuel S.-H. Wang, Richard F. Ober Jr., and Ben Williams

Land of the Falling “Poison Pill": Understanding Defensive Measures in Japan on Their Own Terms, Alan K. Koh, Masafumi Nakahigashi, and Dan W. Puchniak

Liberalism's Identity Politics: A Response to Professor Fukuyama, Athena D. Mutua

Liquidated Damages or Human Trafficking? How a Recent Eastern District of New York Decision Could Impact the Nationwide Nursing Shortage, Heather McAdams

Lone Pine Orders: A Critical Examination and Empirical Analysis, Nora Freeman Engstrom and Amos Espeland

Lost in Transplantation: Modern Principles of Secured Transactions Law as Legal Transplants, Charles W. Mooney Jr.

Making Heads or Tails of Judicial Independence: A Response to Professor Burbank, Marjorie O. Rendell

Marijuana Legalization in the United States: A Social Injustice, Kevin Sabet and Will Jones

Measuring In Absentia Removal in Immigration Court, Ingrid Eagly and Steven Shafer

Much Ado about Nothing?, Cary Coglianese

On the Meaning of Antitrust's Consumer Welfare Principle, Herbert J. Hovenkamp

Optimizing Regulation for an Optimizing Economy, Cary Coglianese

Papers on Constitutional Courts in Developing Democracies, Amal Sethi

Participation and Polarization, Richard H. Pildes

Penn Carey Law’s Jennifer Leonard on the future of legal practice, the Future of the Profession Initiative and how Covid-19 affects the legal industry, Jennifer Leonard

Penn Intellectual Property Group Symposium: "Artificial Intelligence, Intellectual Property, & Innovation": Announcement (3/19/20)

Penn Intellectual Property Group Symposium: "Artificial Intelligence, Intellectual Property, & Innovation": Selected Bibliography (3/19/20)

Penn Law Entertainment and Sports Law Symposium: Announcement (2/21/20)

Penn Law Entertainment and Sports Law Symposium: Selected Bibliography (2/21/20)

Penn Law Professor Regina Austin interviews the Defender Association of Philadelphia about administering services during the pandemic, Regina Austin, Curtis Watkins, and Nicole Buck

Personal Liability of Directors and Officers in Tort: Searching for Coherence and Accountability, Shannon Kathleen O'Byrne and Cindy A. Schipani

Personal Property Security Law: International Ambitions and Local Realities, Giuliano G. Castellano and Andrea Tosato

Pledging, Populism, and the Paris Agreement: The Paradox of a Management-Based Approach to Global Governance, Cary Coglianese

Power and Statistical Significance in Securities Fraud Litigation, Jill E. Fisch and Jonah B. Gelbach

Prejudice‐Based Rights in Criminal Procedure, Justin Murray

Presidential Laws and the Missing Interpretive Theory, Tara Leigh Grove

Principles for State Prosecution of Securities Crime in a Dual-Regulatory, Multi-Enforcer Regime, Wendy Gerwick Couture

Private Company Lies, Elizabeth Pollman

Private Equity Value Creation in Finance: Evidence from Life Insurance, Divya Kirti and Natasha Sarin

Private Standards and the Benzene Case: A Teaching Guide, Cary Coglianese and Gabriel Scheffler

Proactive Resolution of Sovereign and Subnational Debt, Steven L. Schwarcz

Process Choice, Cary Coglianese

Professor Abrams offers four commonsense ideas for police reform, David S. Abrams

Professor Angus Corbett on health system responses and the coronavirus, Angus Corbett

Professor Reed Shuldiner and Associate Dean Eleanor Barrett discuss the move to e-learning, Reed Shuldiner and Eleanor Barrett

Proving Priority: Assigning Employee Inventions in a Global Market, Karen E. Sandrik

Punishing Hope? Materiality and Immateriality in Federal Mortgage Fraud Cases Under 18 U.S.C. § 1014, Matthew A. Edwards

Quattrone Center Spring Symposium: "Transparency in Criminal Justice: A 2020 Vision": Announcement (4/1-3/20)

Race-Conscious Admissions, Diversity, and Academic Freedom, Vinay Harpalani

Redefining Law of War in the Wake of Gray-Zone Conflict’s Ubiquity, Shane Fischman

Redefining Reasonableness: Supervisory Harassment Claims in the Era of #metoo, Brianna Messina

Regulatory Abdication in Practice, Cary Coglianese

Regulatory Capture and the Marginalized Majority: The Case for Constitutional Protection of the Majority's Disposable Income, Eyal Benvenisti and Amnon Morag

Rejoining Treaties, Jean Galbraith

Relative Impacts of Monetary and Non-Monetary Factors on Whistleblowing Intention: The Case of Securities Fraud, Masaki Iwasaki

Restating or Reshaping the Law?: A Critical Analysis of the Restatement of the Law, Liability Insurance, Victor E. Schwartz and Christopher E. Appel

Rethinking Active Defense: A Comparative Analysis of Proactive Cybersecurity Policymaking, Scott Shackelford

Reversing the Fortunes of Active Funds, Adi Libson and Gideon Parchomovsky

Reviewing Refusal: Lethal Injection, the FDA, and the Courts, Andrew Shi

Right of Recourse Claims Based on Latent Defects in the Nuclear Energy Sector in India: Brace Yourself for Fact-Intensive Disputes, M P Ram Mohan and Els Reynaers

Risking Stigmatization to Gain Accommodation, Stacy A. Hickox and Keenan Case

Roundtable on Intersectionality and Strengths and Challenges in Leadership, M. Isabel Medina, Jennifer L. Rosato Perea, and Elena Maria Marty-Nelson

Rulers or Rules? International Law, Elite Cues and Public Opinion, Anton Strezhnev, Beth A. Simmons, and Matthew D. Kim

Scrutinizing Legacy Admissions: Applying Tiers of Scrutiny to Legacy Preference Policies in University Admissions, T. Liam Murphy

Selected Bibliography for Caroline Zelaznik Gruss and Joseph S. Gruss Lecture in Talmudic Civil Law: Benjamin Porat: "The Biblical Struggle for Social Justice: New Perspectives" (2/6/20)

Selected Bibliography for Center for Technology, Innovation and Competition Panel DIscussion: "The Rise of Antitrust Scrutiny of Big Tech: Transatlantic Perspectives" (2/18/20)

Selected Bibliography for "Coding for Lawyers" (4/21/20)

Selected Bibliography for Owen J. Roberts Lecture in Constitutional Law: Dorothy E. Roberts: "Abolition Constitutionalism" (3/3/20)

Selected Bibliography for Panel Discussion: "Medicare for All and Beyond: Expanding Coverage, Containing Costs" (2/21/20)

Selected Bibliography for Paul G. Haaga, Jr. Lecture in Law, Government and Public Policy: Michéle Flournoy: "Driving Change through Red Tape: Policymaking in the World's Biggest Bureaucracy" (2/11/20)

Selected Bibliography for Penn Latinx Law Student Association Conference (3/20-21/20)

Selected Bibliography for Penn Law South Asian Law Students Association Conference: "A Century after Thind: South Asians in the Legal Profession" (2/7/20)

Selected Bibliography for "Personal Branding for Lawyers" (4/22/20)

Selected Bibliography for Wharton Restructuring and Distressed Investing Conference (2/21/20)

Self-Determination for Some: The Palestinians and the Uyghurs in China’s Foreign Policy, Brian Yeh

Should Corporations Have a Purpose?, Jill E. Fisch and Steven Davidoff Solomon

Social Media Policies, Corporate Censorship and the Right to Be Forgiven: A Proposed Framework for Free Expression in an Era of Employer Social Media Monitoring, Kathleen McGarvey Hidy

Social Science and the Analysis of Environmental Policy, Cary Coglianese and Shana Starobin

Solving the Congressional Review Act’s Conundrum, Cary Coglianese

Somewhere Between Death Row and Death Watch: The Procedural Trap Capital Defendants Face in Raising Execution-Related Claims, Melanie Kalmanson

Spillover Effects in Police Use of Force, Justin E. Holz, Roman G. Rivera, and Bocar A. Ba

Stanley Surrey and the Transformation of Administrative Law in Japan, Keigo Fuchi

Startup Governance, Elizabeth Pollman

Steiner v. Utah: Designing a Constitutional Remedy, Michael S. Knoll and Ruth Mason

Structural Analysis of Article V: The Constitutionality of a Limited Convention to Propose Amendments, Damian O'Sullivan

Synthetic Governance, Byung Hyun Anh, Jill E. Fisch, Panos N. Patatoukas, and Steven Davidoff Solomon

Taxing Bitcoin and Blockchains—What the IRS Told Us (and What It Didn’t), David J. Shakow

Teach Your Children Well: Historical Memory of the Civil War and Reconstruction, Public Education, and Equal Protection, Charlotte Mostertz

Telecommunications: Competition Policy in the Telecommunications Space, Gene Kimmelman, Maureen K. Ohlhausen, Michael O’Rielly, Christopher S. Yoo, and Stephen F. Williams

The Amorphous Student‐University Contract: Origins, Development, and the Need For State Oversight, Sam Michale

The Beginning of an Economic Civil War: The Unconstitutionality of State-Implemented Travel Bans, Leon Kalanjian

The Calculus of Shareholders’ Consent: A Constitutional Economics Theory of Corporate Charter Amendment Rules, James Si Zeng

The Challenge of Regulatory Excellence, Cary Coglianese

The Cost of Doing Business: Corporate Crime and Punishment Post-Crisis, Dorothy S. Lund and Natasha Sarin

The Dormant Foreign Commerce Clause After Wynne, Michael S. Knoll and Ruth Mason

The Emptiness of Decisional Limits: Reconceiving Presidential Control of the Administrative State, Cary Coglianese

The EPA's Risky Reasoning, Cary Coglianese and Gary E. Marchant

The Expansive Reach of Pretrial Detention, Paul Heaton

The Faith of My Fathers, Robert H. Jackson and John Q. Barrett

The Imperial Treaty Power, Brian Richardson

The Law and Economics of Risk Regulation, Cary Coglianese

The Looming Crisis in Antitrust Economics, Herbert J. Hovenkamp

The More Authoritarian, the More Judicial Independence? The Paradox of Court Reforms in China and Russia, Yueduan Wang

The Myth of China’s Open Market Reforms and the World Trade Organization, Daniel C.K. Chow

The New Fighting Words?: How U.S. Law Hampers the Fight Against Information Warfare, Jill Goldenziel and Manal Cheema

The Paradox of Insurance, Gideon Parchomovsky and Peter Siegelman

The Presumption Against Extraterritoriality: Reconciling Canons of Statutory Interpretation with Textualism, Natascha Born

The Proof is in the Process: Self-Reporting Under International Human Rights Treaties, Cosette D. Creamer and Beth A. Simmons

The Recommendations Clause and the President’s Role in Legislation, Benjamin J. Schwartz

The Regulatory Review Tracks Legal Responses to COVID-19 From Around the World, Cary Coglianese and Larissa Morgan

The Saga of Pennsylvania’s “Willie Horton” and the Commutation of Life Sentences in the Commonwealth, Regina Austin

The Semi-Autonomous Administrative State, Cary Coglianese

The Specification Power, Ilan Wurman

The State of Murder in Japan and the United States: A Story of Socioeconomic Integration and Police Geography, David U. Socol de la Osa

The Uncertain Stewardship Potential of Index Funds, Jill E. Fisch

The (Un?)Enforceability of Investor Rights in Indian Private Equity, Arjya B. Majumdar

Thinking Ahead, Looking Back: Assessing the Value of Regulatory Impact Analysis and Procedures for Its Use, Cary Coglianese

Transactional Scripts in Contract Stacks, Shaanan Cohney and David A. Hoffman

Transparency and Algorithmic Governance, Cary Coglianese and David Lehr

Trolls & the Preemption Dilemma, Thomas S. Vaseliou

Twenty-first Century Financial Regulation: P2P Lending, Fintech, and the Argument for a Special Purpose Fintech Charter Approach, Jeffrey Luther

Uncertainty > Risk: Lessons for Legal Thought from the Insurance Runoff Market, Tom Baker

Unwritten Rules and the New Contract Paradigm, David A. Skeel Jr.

What Taylor Swift and Beyoncé Teach Us About Sex and Causes, Robin Dembroff, Issa Kohler-Hausmann, and Elise Sugarman