Submissions from 2008
Human Freedom And Two Friedmen: Musings On The Implications Of Globalization For The Effective Regulation Of Corporate Behavior, Leo E. Strine Jr.
Greater and Lesser Powers of Tort Reform: The Primary Jurisdiction Doctrine and State-Law Claims Concerning FDA-Approved Products, Catherine T. Struve
Flemming v. Nestor: Anticommunism, the Welfare State, and the Making of ‘New Property’, Karen Tani
The Supreme Court and the Future of Patent Reform, R. Polk Wagner
Engines of Inequality: Class, Race, and Family Structure, Amy L. Wax
The Discriminating Mind: Define It, Prove It, Amy L. Wax
From the States Up: Building a National Renewable Energy Policy, Shelley Welton
The Effect of Conflicting Moral and Legal Rules on Bargaining Behavior: The Case of Divorce, Tess Wilkinson-Ryan and Jonathan Baron
Negotiating Divorce: Gender and the Behavioral Economics of Divorce Bargaining, Tess Wilkinson-Ryan and Deborah Small
Against Financial Literacy Education, Lauren E. Willis
Evidence and Ideology in Assessing the Effectiveness of Financial Literacy Education, Lauren E. Willis
Federal Jurisdiction and Due Process in the Era of the Nationwide Class Action, Tobias Barrington Wolff
Expressive Association and the Ideal of the University in the Solomon Amendment Litigation, Tobias Barrington Wolff and Andrew Koppelman
Expressive Association and the Ideal of the University in the Solomon Amendment Litigation, Tobias Barrington Wolff and Andrew Koppelman
Network Neutrality, Consumers, and Innovation, Christopher S. Yoo
The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective, Christopher S. Yoo
Submissions from 2007
The Luck of the Draw: Using Random Case Assignment to Investigate Attorney Ability, David S. Abrams and Albert H. Yoon
Well-being, Inequality and Time: The Time-slice Problem and its Policy Implications, Matthew D. Adler
Why De Minimis?, Matthew D. Adler
No Dignity in Body Worlds: A Silent Minority Speaks, Anita Allen
Face to Face with “It”: And Other Neglected Contexts of Health Privacy, Anita L. Allen
Who Writes the Rules for Hostile Takeovers, and Why? The Peculiar Divergence of US and UK Takeover Regulation, John Armour and David A. Skeel Jr.
Super Size Me and the Conundrum of Race/Ethnicity, Gender, and Class for the Contemporary Law-Genre Documentary Filmmaker, Regina Austin
Tradable Patent Rights, Ian Ayres and Gideon Parchomovsky
Distributive Injustice and Private Law, Aditi Bagchi
Separating Contract and Promise, Aditi Bagchi
The Independent Significance of the Press Clause under Existing Law, C. Edwin Baker
Predicting Corporate Governance Risk: Evidence from the Directors' & Officers' Liability Insurance Market, Tom Baker and Sean J. Griffith
The Missing Monitor in Corporate Governance: The Directors' and Officers' Liability Insurer, Tom Baker and Sean J. Griffith
Taking Compensation Private, Abraham Bell and Gideon Parchomovsky
On The Moral Structure Of White-Collar Crime, Mitchell N. Berman
Originalism and Its Discontents (Plus a Thought or Two About Abortion), Mitchell N. Berman
Forgiveness in Criminal Procedure, Stephanos Bibas
Rita v. United States Leaves More Open Than it Answers, Stephanos Bibas
Odious Debts or Odious Regimes?, Patrick Bolton and David A. Skeel Jr.
Hedge Funds and Governance Targets, William W. Bratton
Private Standards, Public Governance: A New Look at the Financial Accounting Standards Board, William W. Bratton
Judicial Independence, Judicial Accountability and Interbranch Relations, Stephen B. Burbank
Cultural Communities in a Global Labor Market: Immigration Restrictions as Residential Segregation, Howard F. Chang
The Economic Impact of International Labor Migration: Recent Estimates and Policy Implications, Howard F. Chang
The Effect of Joint and Several Liability Under Superfund on Brownfields, Howard F. Chang and Hilary A. Sigman
Legitimacy and Corporate Governance, Cary Coglianese
Weak Democracy, Strong Information: The Role of Information Technology in the Rulemaking Process, Cary Coglianese
Introduction to Regulation and Regulatory Processes, Cary Coglianese and Robert Kagan
Prejudgment Interest in International Arbitration, Jeffrey M. Colon and Michael S. Knoll
Easier Said Than Done: A Corporate Law Theory for Actualizing Social Responsibility Rhetoric, Lisa Fairfax
Act, Agency, and Indifference: The Foundations of Criminal Responsibility, Kimberly Kessler Ferzan
Holistic Culpability, Kimberly Kessler Ferzan
Does Analyst Independence Sell Investors Short?, Jill E. Fisch
Fiduciary Duties and the Analyst Scandals, Jill E. Fisch
"Free" Religion and "Captive" Schools: Protestants, Catholics, and Education, 1945-1965, Sarah Barringer Gordon
The Short and Puzzling Life of the “Implicit Minority Discount” in Delaware Appraisal Law, Lawrence A. Hamermesh and Michael L. Wachter
Challenges in Law Making in Mass Societies, Geoffrey C. Hazard Jr.
The Effect of Judicial Expedience on Attorney Fees in Class Actions, Eric Helland and Jonathan Klick
Self-Handicapping and Managers’ Duty of Care, David A. Hoffman
Docketology, District Courts and Doctrine, David A. Hoffman, Alan J. Izenman, and Jeffrey Lidicker
Restraints on Innovation, Herbert J. Hovenkamp
The Harvard and Chicago Schools and the Dominant Firm, Herbert J. Hovenkamp
The Legal Periphery of Dominant Firm Conduct, Herbert J. Hovenkamp
Constructing the License to Operate: Internal Factors and their Influence on Corporate Environmental Decisions, Jennifer A. Howard-Grenville, Jennifer Nash, and Cary Coglianese
Fashioning Entitlements: A Comparative Law and Economic Analysis of the Judicial Role in Environmental Centralization in the U.S. and Europe, Jason S. Johnston and Michael G. Faure
Hedge Funds in Corporate Governance and Corporate Control, Marcel Kahan and Edward B. Rock
The Tradeoff Between Regulation and Litigation: Evidence from Insurance Class Actions, Jonathan Klick and Eric Helland
Abortion Access and Risky Sex Among Teens: Parental Involvement Laws and Sexually Transmitted Diseases, Jonathan Klick and Thomas Stratmann
Diabetes Treatments and Moral Hazard, Jonathan Klick and Thomas Stratmann
Medical Malpractice Reform and Physicians in High-Risk Specialties, Jonathan Klick and Thomas Stratmann
Implicit Taxes and Economic Substance, Michael Knoll
Implicit Taxes and Pretax Profit in Compaq and IES Industries, Michael Knoll
Compaq Redux: Implicit Taxes and the Question of Pre-tax Profit, Michael S. Knoll
The UBIT: Leveling an Uneven Playing Field or Tilting a Level One?, Michael S. Knoll
Rays of Sunlight in a Shadow “War”: FOIA, the Abuses of Anti-Terrorism, and the Strategy of Transparency, Seth F. Kreimer
Rejecting "Uncontrolled Authority Over the Body": The Decencies of Civilized Conduct, the Past and the Future of Unenumerated Rights, Seth F. Kreimer
The Rhetoric of Anti-Relativism in a Culture of Certainty, Howard Lesnick
The Expressive Function of Directors’ Duties to Creditors, Jonathan C. Lipson
Where's The Beef: A Few Words about Paying for Performance in Bankruptcy, Jonathan C. Lipson
The First Word, Elizabeth Magill
Is Open Source Software the New Lex Mercatoria?, Fabrizio Marrella and Christopher S. Yoo
The Consumer Compromise in Revised U.C.C. Article 9: The Shame of it All, Charles W. Mooney Jr.
Criminal Responsibility and the Disappearing Person, Stephen J. Morse
The Non-Problem of Free Will in Forensic Psychiatry and Psychology, Stephen J. Morse
Voluntary Control of Behavior and Responsibility, Stephen J. Morse
The Uneasy Entente Between Legal Insanity and Mens Rea: Beyond Clark v. Arizona, Stephen J. Morse and Morris B. Hoffman
Debate: Collaborative Environmental Law: Pro and Con, Eric W. Orts and Cary Coglianese
Fair Use Harbors, Gideon Parchomovsky and Kevin A. Goldman
Bribes v. Bombs: A Study in Coasean Warfare, Gideon Parchomovsky and Peter Siegelman
Of Equal Wrongs and Half Rights, Gideon Parchomovsky, Peter Siegelman, and Steven Thel
The Promise and Perils of Credit Derivatives, Frank Partnoy and David A. Skeel Jr.
The Federal Circuit and Patentability: An Empirical Assessment of the Law of Obviousness, Lee Petherbridge and R. Polk Wagner
Black Milwaukee and Urban African-American History, Wendell Pritchett
Child Welfare's Paradox, Dorothy E. Roberts
The Role of Moral Philosophers in the Competition Between Deontological and Empirical Desert, Paul H. Robinson
Intuitions of Justice: Implications for Criminal Law and Justice Policy, Paul H. Robinson and John M. Darley
The American Model Penal Code: A Brief Overview, Paul H. Robinson and Markus D. Dubber
Concordance & Conflict in Intuitions of Justice, Paul H. Robinson and Robert O. Kurzban
The Origins of Shared Intuitions of Justice, Paul H. Robinson, Robert O. Kurzban, and Owen D. Jones
Of Neocolonialism, Common Law and Uncodifiable Shari’a: A Reply to Professor An-Na’im, Paul H. Robinson and Adnan Zulfiqar
A Retroactivity Retrospective, With Thoughts for the Future: What the Supreme Court Learned from Paul Mishkin, and What It Might, Kermit Roosevelt III
Judicial Activism and Its Critics, Kermit Roosevelt III and Richard Garnett
The Questionable Use of Custom in Intellectual Property, Jennifer E. Rothman
Why Custom Cannot Save Copyright's Fair Use Defense, Jennifer E. Rothman