Submissions from 2011
The Pitfalls of Professionalized Prosecution: A Response to Josh Bowers's "Legal Guilt, Normative Innocence, and the Equitable Decision Not to Prosecute", Stephanos Bibas
Two Cheers, Not Three for Sixth Amendment Originalism, Stephanos Bibas
Plenary No Longer: How the Fourteenth Amendment "Amended" Congressional Jurisdiction-Stripping Power, Maggie Blackhawk
Concerted Refusals to License Intellectual Property Rights, Christina Bohannan and Herbert J. Hovenkamp
Introduction to Creation Without Restraint: Promoting Liberty and Rivalry in Innovation, Christina Bohannan and Herbert J. Hovenkamp
At the Conjunction of Love and Money: Comment on Julie A. Nelson, Does Profit-Seeking Rule Out Love? Evidence (or Not) from Economics and Law, William W. Bratton
The Political Economy of Fraud on the Market, William W. Bratton and Michael L. Wachter
On the Study of Judicial Behaviors: Of Law, Politics, Science and Humility, Stephen B. Burbank
Litigation and Democracy: Restoring a Realistic Prospect of Trial, Stephen B. Burbank and Stephen N. Subrin
Adoption of the Responsibility to Protect, William W. Burke-White
Reframing Positive Complementarity: Reflections on the First Decade and Insights from the US Federal Criminal Justice System, William W. Burke-White
Process Choice, Cary Coglianese
The Law and Economics of Risk Regulation, Cary Coglianese
Beyond Compliance: Explaining Business Participation in Voluntary Environmental Programs, Cary Coglianese and Jonathan Borck
The Politics of Regulation: From New Institutionalism to New Governance, Cary Coglianese and Christopher Carrigan
Are Those Who Ignore History Doomed to Repeat It?, Peter Decherney, Nathan Ensmenger, and Christopher S. Yoo
Law and the China Development Model, Jacques deLisle
The Internationalization of Law and its Implications for Legal Education: Lessons from Interactions between the United States and China, Jacques deLisle
Examining Gender Stereotypes in New Work/Family Reconciliation Policies: The Creation of a New Paradigm for Egalitarian Legislation, Rangita de Silva de Alwis
Board Diversity Revisited: New Rationale, Same Old Story, Lisa Fairfax
Government Governance and the Need to Reconcile Government Regulation with Board Fiduciary Duties, Lisa Fairfax
On the Sufficiency of Corporate Regulation as an Alternative to Corporate Criminal Liability, Lisa Fairfax
Shareholder Democracy: A Primer on Shareholder Activism and Participation, Lisa Fairfax
The Model Business Corporation Act at Sixty: Shareholders and their Influence, Lisa Fairfax
Tobacco Control in Industrialized Nations: The Limits of Public Health Achievement, Eric Feldman
The Genetic Information Nondiscrimination Act (GINA): Public Policy and Medical Practice in the Age of Personalized Medicine, Eric A. Feldman
The Triumph and Tragedy of Tobacco Control: A Tale of Nine Nations, Eric A. Feldman and Ronald Bayer
Justification and Excuse, Kimberly Ferzan
Against Negligence Liability, Kimberly Ferzan and Larry Alexander
Results don't Matter, Kimberly Ferzan and Larry Alexander
Beyond Crime and Commitment: Justifying Liberty Deprivations of the Dangerous and Responsible, Kimberly Kessler Ferzan
Self-Defense, Permissions, and the Means Principle: A Reply to Quong, Kimberly Kessler Ferzan
Symposium: Michael Moore's Causation and Responsibility: Introduction, Kimberly Kessler Ferzan
The Unsolved Mysteries of Causation and Responsibility, Kimberly Kessler Ferzan
Social Work Practice and the Law, Kara Finck and Lyn K. Slater
A Cost-Benefit Interpretation of the "Substantially Similar" Hurdle in the Congressional Review Act: Can OSHA Ever Utter the E-Word (Ergonomics) Again?, Adam M. Finkel and Jason W. Sullivan
Punishment as Contract, Claire Oakes Finkelstein
How Powerful is ISS? Less—and in Different Ways—than Most People Think, Jill Fisch, Stephen Choi, and Marcel Kahan
What Will Our Future Look Like and How Will We Respond?, Michael A. Fitts
Rights-Based Theories of Accident Law, Gregory J. Hall
Using First Principles of UCC Article 9 to Solve Statutory Puzzles in Receivables Financing, Steven L. Harris and Charles W. Mooney Jr.
Advocacy Revalued, Geoffrey C. Hazard Jr. and Dana A. Remus
Today's 'Meaningful Use' Standard For Computerized Medication Orders By Hospitals May Save Few Lives; Later Stages May Do More, Paul Heaton, Mark Friedberg, Spencer Jones, and Eric Schneider
Judicial Expenditures and Litigation Access: Evidence from Auto Injuries, Paul Heaton and Eric Helland
The Best Available Technology Standard, Lital Helman and Gideon Parchomovsky
Federal Antitrust Policy: The Law of Competition and its Practice, Herbert Hovenkamp
Mergers with Dominant Firms: the Lundbeck Case, Herbert Hovenkamp
Fundamentals of Antitrust Law, Herbert Hovenkamp and Phillip E. Areeda
Antitrust and Innovation: Where We Are and Where We Should Be Going, Herbert J. Hovenkamp
Antitrust and Patent Law Analysis of Pharmaceutical Reverse Payment Settlements, Herbert J. Hovenkamp
Antitrust's "Jurisdictional" Reach Abroad, Herbert J. Hovenkamp
A Preface to Neoclassical Legal Thought, Herbert J. Hovenkamp
A Primer on Antitrust Damages, Herbert J. Hovenkamp
Coase, Institutionalism, and the Origins of Law and Economics, Herbert J. Hovenkamp
Does the Packers and Stockyards Act Require Antitrust Harm?, Herbert J. Hovenkamp
Markets in IP and Antitrust, Herbert J. Hovenkamp
Mergers, Market Dominance and the Lundbeck Case, Herbert J. Hovenkamp
Notice and Patent Remedies, Herbert J. Hovenkamp
Post-Sale Restraints and Competitive Harm: The First Sale Doctrine in Perspective, Herbert J. Hovenkamp
Quantification of Harm in Private Antitrust Actions in the United States, Herbert J. Hovenkamp
Quasi Exclusive Dealing, Herbert J. Hovenkamp
The Marginalist Revolution in Corporate Finance: 1880-1965, Herbert J. Hovenkamp
Tying and the Rule of Reason: Understanding Leverage, Foreclosure, and Price Discrimination, Herbert J. Hovenkamp
Tying Arrangements and Lawful Alternatives: Transaction Costs Considerations, Herbert J. Hovenkamp
Tying Noncompetitive Goods, Herbert J. Hovenkamp
The Firm as Cartel Manager, Herbert J. Hovenkamp and Christopher R. Leslie
The Insignificance of Proxy Access, Marcel Kahan and Edward B. Rock
When the Government is the Controlling Shareholder, Marcel Kahan and Edward B. Rock
Why the Law is so Perverse, Leo Katz
Introduction: Appreciating Bill Stuntz, Michael Klarman, David A. Skeel Jr., and Carol Steiker
The Empirical Revolution in Law and Economics: Inaugural Lecture for Erasmus Chair in Empirical Legal Studies, Jonathan Klick
The Law and Economics of Regulatory Competition, Jonathan Klick
Legal Origins and Empirical Credibility, Jonathan Klick and Eric Helland
Abortion Access and Risky Sex, Jonathan Klick and Thomas Stratmann
Reconsidering International Tax Neutrality, Michael S. Knoll
“Impact” in 3D—Maximizing Impact Through Transactional Clinics, Praveen Kosuri
Review: Racial Integration in Corporate America, 1940–1990. By Jennifer Delton., Sophia Z. Lee
Life After Bilski, Mark A. Lemley, Michael Risch, Ted Sichelman, and R. Polk Wagner
Are Institutions and Empiricism Enough? A Review of Allen Buchanan, Human Rights, Legitimacy, and the Use of Force, Matthew J. Lister
The Legitimating Role of Consent in International Law, Matthew J. Lister
Allocating Power Within Agencies, Elizabeth Magill and Adrian Vermeule
Reasoning from Race: Feminism, Law, and the Civil Rights Revolution, Serena Mayeri
'When the Trouble Started': The Story of Frontiero v. Richardson, Serena Mayeri
Teacher/Police: How Inner-City Students Perceive the Connection Between the Education System and the Criminal Justice System, Cara McClellan
Addiction and Criminal Responsibility, Stephen Morse
Against Control Tests for Criminal Responsibility, Stephen Morse
Avoiding Irrational NeuroLaw Exuberance: A Plea for Neuromodesty, Stephen Morse
An Accurate Diagnosis, But Is There A Cure?: An Appreciation of The Role of Science in Law by Robin Feldman, Stephen J. Morse
Gene-Environment Interactions, Criminal Responsibility, and Sentencing, Stephen J. Morse
Genetics and criminal responsibility, Stephen J. Morse
Mental Disorder and Criminal Law, Stephen J. Morse
NeuroLawExuberance: A Plea for Neuromodesty, Stephen J. Morse
Protecting Liberty and Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse
Severe Environmental Deprivation (aka RSB): A Tragedy, Not a Defense, Stephen J. Morse
The Future of Neuroscientific Evidence, Stephen J. Morse
The Status of NeuroLaw: A Plea for Current Modesty and Future Cautious Optimism, Stephen J. Morse
Partial Patents, Gideon Parchomovsky and Michael Mattioli
Reconceiving Corporate Personhood, Elizabeth Pollman
Collateral Consequences, Genetic Surveillance, and the New Biopolitics of Race, Dorothy E. Roberts
Fatal Invention: How Science, Politics, and Big Business Re-create Race in the Twenty-first Century, Dorothy E. Roberts