Submissions from 2004
On Software Regulation, Polk Wagner
Is the Federal Circuit Succeeding? An Empirical Assessment of Judicial Performance, Polk Wagner and Lee Petherbridge
Against Neutrality, Amy Wax
Evolution and the Bounds of Human Nature, Amy Wax
Family Friendly Workplace Reform: Prospects for Change, Amy Wax
Political Representation and Accountability Under Don't Ask, Don't Tell, Tobias Barrington Wolff
Copyright and Product Differentiation, Christopher S. Yoo
Would Mandating Network Neutrality Help or Hurt Broadband Competition? A Comment on the End-to-End Debate, Christopher S. Yoo
The Unitary Executive During the Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, and Laurence D. Nee
Submissions from 2003
Risk, Death and Harm: The Normative Foundations of Risk Regulation, Matthew D. Adler
Introduction, Matthew D. Adler, Claire Finkelstein, and Peter H. Huang
Privacy Isn't Everything: Accountability as a Personal and Social Good, Anita L. Allen
“Black People’s Money”: The Impact of Law, Economics, and Culture in the Context of Race on Damage Recoveries, Regina Austin
Speaking Volumes: Musings on the Issues of the Day, Inspired by the Memory of Mary Joe Frug, Regina Austin and Elizabeth M. Schneider
Why Do Distressed Companies Choose Delaware? An Empirical Analysis of Venue Choice in Bankruptcy , Kenneth M. Ayotte and David A. Skeel Jr.
Genocide, Press Freedom, and the Case of Hassan Ngeze, C. Edwin Baker
Containing the Promise of Insurance: Adverse Selection and Risk Classification, Tom Baker
The Value of Giving Away Secrets, Oren Bar-Gill and Gideon Parchomovsky
Of Property and Anti-Property, Abraham Bell and Gideon Parchomovsky
Getting off the Dole: Why the Court Should Abandon Its Spending Doctrine and How a Too-Clever Congress Could Provoke It to Do So, Mitchell N. Berman
Justification and Excuse, Law and Morality, Mitchell N. Berman
Apprendi in the States: The Virtues of Federalism as a Structural Limit on Errors, Stephanos Bibas
Bringing Moral Values into a Flawed Plea Bargaining System, Stephanos Bibas
Harmonizing Substantive-Criminal Law-Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas, Stephanos Bibas
Enron, Sarbanes-Oxley and Accounting: Rules versus Principles versus Rents, William W. Bratton
Shareholder Value and Auditor Independence, William W. Bratton
What Do We Mean by "Judicial Independence"?, Stephen B. Burbank
Regionalization of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
The International Criminal Court and the Future of Legal Accountability, William W. Burke-White
The Unitary Executive During the Second Half-Century, Steven G. Calabresi and Christopher S. Yoo
Immigration and the Workplace: Immigration Restrictions as Employment Discrimination, Howard F. Chang
Immigration Restrictions as Employment Discrimination, Howard F. Chang
The Immigration Paradox: Poverty, Distributive Justice, and Liberal Egalitarianism, Howard F. Chang
How to Fix Wall Street: A Voucher Financing Proposal for Securities Intermediaries, Stephen Choi and Jill E. Fisch
The Case for Repealing the Corporate Alternative Minimum Tax, Terrence R. Chorvat and Michael S. Knoll
Management-Based Regulation: Prescribing Private Management to Achieve Public Goals, Cary Coglianese and David Lazer
Performance-Based Regulation: Prospects and Limitations in Health, Safety and Environmental Protection, Cary Coglianese and Jennifer Nash
Arbitration, Consent and Contractual Theory: The Implications of EEOC v.Waffle House, Jaime L. Dodge and Elizabeth Pollman
Simplifying the Transition to a (Progressive) Consumption Tax, Mitchell L. Engler and Michael S. Knoll
The Search for Mathematical Roots, William Ewald
Form Over Substance?: Officer Certification and the Promise of Enhanced Personal Accountability underthe Sarbanes-Oxley Act, Lisa Fairfax
The Thin Line Between Love and Hate: Why Affinity-Based Securities and Investment Fraud Constitutes a Hate Crime, Lisa Fairfax
Is Risk a Harm?, Claire Finkelstein
The Implications of Transition Theory for Stare Decisis, Jill E. Fisch
The Qualified Legal Compliance Committee: Using the Attorney Conduct Rules to Restructure the Board of Directors, Jill E. Fisch and Caroline M. Gentile
Is There a Role for Lawyers in Preventing Future Enrons?, Jill E. Fisch and Kenneth M. Rosen
The Securities Analyst as Agent: Rethinking the Regulation of Analysts, Jill E. Fisch and Hillary A. Sale
The Bush Administration's Response to the International Criminal Court, Jean Galbraith
How Relevant is Jury Rationality?, David A. Hoffman
Antitrust as Extraterritorial Regulatory Policy, Herbert Hovenkamp
The Rationalization of Antitrust, Herbert Hovenkamp
Antitrust Violations in Securities Markets, Herbert Hovenkamp, Mark Janis, and Mark Lemley
Anticompetitive Settlement of Intellectual Property Disputes, Herbert J. Hovenkamp, Mark D. Janis, and Mark A. Lemley
Regulating Irrational Exuberance and Anxiety in Securities Markets , Peter H. Huang
Corporate Constitutionalism: Antitakeover Charter Provisions as Pre-Commitment, Marcel Kahan and Edward B. Rock
Before and After: Temporal Anomalies in Legal Doctrine, Leo Katz
Harm and Justification in Negligence, Leo Katz
What to Compensate? Some Surprisingly Unappreciated Reasons Why the Problem Is So Hard, Leo Katz
Corporate Policy and the Coherence of Delaware Takeover Law, Richard E. Kihlstrom and Michael L. Wachter
The Disunity of Unanimity, Jonathan Klick and Francesco Parisi
The Effect of Abortion Legalization on Sexual Behavior: Evidence from Sexually Transmitted Diseases, Jonathan Klick and Thomas Stratmann
Taxing Sunny Days: Adjusting Taxes for Regional Living Costs and Amenities, Michael S. Knoll and Thomas D. Griffith
Too Close to the Rack and the Screw: Constitutional Constraints on Torture in the War on Terror, Seth F. Kreimer
No Other Gods: Answering the Call of Faith in the Practice of Law, Howard Lesnick
Diminished Rationality, Diminished Responsibility, Stephen J. Morse
Inevitable Mens Rea, Stephen J. Morse
Involuntary Competence, Stephen J. Morse
Harm, History, and Counterfactuals, Stephen R. Perry
Where Shall We Live? Class and the Limitations of Fair Housing Law, Wendell Pritchett
The "Public Menace" of Blight: Urban Renewal and the Private Uses of Eminent Domain, Wendell E. Pritchett
Social Justice and Family Court Reform, Dorothy Roberts and Susan Brooks
Child Welfare and Civil Rights, Dorothy E. Roberts
Prohibited Risks and Culpable Disregard or Inattentiveness: Challenge and Confusion in the Formulation of Risk-Creation Offenses, Paul H. Robinson
The A.L.I.'s Proposed Distributive Principle of 'Limiting Retributivism': Does It Mean In Practice Anything Other Than Pure Desert?, Paul H. Robinson
Can a Model Penal Code Second Save the States from Themselves?, Paul H. Robinson and Michael T. Cahill
The Role of Deterrence in the Formulation of Criminal Law Rules: At Its Worst When Doing Its Best, Paul H. Robinson and John M. Darley
Corporate Control Transactions: Introduction, Edward B. Rock and Michael L. Wachter
Defeating Class Certification in Securities Fraud Actions, Kermit Roosevelt III
Exhaustion Under the Prison Litigation Reform Act: The Consequence of Procedural Error, Kermit Roosevelt III
Light from Dead Stars: The Procedural Adequate and Independent State Ground Reconsidered, Kermit Roosevelt III
Civil Rights Litigation: The Current Paradox, David Rudovsky
Avoiding Moral Bankruptcy, David A. Skeel Jr.
Creditors' Ball: The "New" New Corporate Governance in Chapter 11, David A. Skeel Jr.
Access to Networks: Economic and Constitutional Connections, Daniel F. Spulber and Christopher S. Yoo
Direct and Collateral Federal Court Review of the Adequacy of State Procedural Rules, Catherine T. Struve
How Bad Law Made a Hard Case Easy: Nevada v. Hicks and the Subject Matter Jurisdiction of Tribal Courts, Catherine T. Struve
Turf Struggles: Land, Sovereignty, and Sovereign Immunity, Catherine T. Struve
Judging Unions' Future Using a Historical Perspective: The Public Policy Choice Between Competition and Unionization, Michael L. Wachter
Takeover Defense When Financial Markets are (Only) Relatively Efficient, Michael L. Wachter
Information Wants to Be Free: Intellectual Property and the Mythologies of Control, R. Polk Wagner
(Mostly) Against Exceptionalism, R. Polk Wagner
Converted or Unconverted: To Whom Do We Preach?, Amy L. Wax
Social Welfare, Human Dignity, and the Puzzle of What We Owe Each Other, Amy L. Wax
Something for Nothing: Liberal Justice and Welfare Work Requirements, Amy L. Wax
Nullificatory Juries, Kaimipono David Wenger and David A. Hoffman
New Models of Regulation and Interagency Governance, Christopher S. Yoo
Rethinking the Commitment to Free, Local Television, Christopher S. Yoo
The Rise and Demise of the Technology-Specific Approach to the First Amendment, Christopher S. Yoo
Submissions from 2002
Corporate Ownership Structure and the Evolution of Bankruptcy Law: Lessons from the United Kingdom, John Armour, Brian R. Cheffins, and David A. Skeel Jr.
''Step on a Crack, Break Your Mother's Back'': Poor Moms, Myths of Authority, and Drug-Related Evictions from Public Housing, Regina Austin