Submissions from 2008
Exacerbating Injustice, Stephanos Bibas
Invasions of Conscience and Faked Apologies, Stephanos Bibas
Judicial Fact-Finding at Sentencing, Stephanos Bibas
Political Versus Administrative Justice, Stephanos Bibas
The Sixth Amendment and Criminal Sentencing, Stephanos Bibas and Susan R. Klein
Environmental Leadership Programs: Toward an Empirical Assessment of their Performance*, Jonathan C. Borck, Cary Coglianese, and Jennifer Nash
Evaluating the Social Effects of Environmental Leadership Programs, Jonathan C. Borck, Cary Coglianese, and Jennifer Nash
Private Equity's Three Lessons for Agency Theory, William W. Bratton
Shareholder Primacy's Corporatist Origins: Adolf Berle and the Modern Corporation, William W. Bratton and Michael L. Wachter
The Complexity of Modern American Civil Litigation: Curse or Cure?, Stephen B. Burbank
The Class Action Fairness Act of 2005 in Historical Context: A Preliminary View, Stephen B. Burbank
Bargaining for Arrests at the International Criminal Court: A Response to Roper and Barria, William W. Burke-White
Implementing a Policy of Positive Complementarity in the Rome System of Justice, William W. Burke-White
Proactive Complementarity: The International Criminal Court and National Courts in the Rome System of Justice, William W. Burke-White
The Argentine Financial Crisis: State Liability Under BITs and the Legitimacy of the ICSID System, William W. Burke-White
The Domestic Influence of International Criminal Tribunals: The International Criminal Tribunal for the Former Yugoslavia and the Creation of the State Court of Bosnia & Herzegovina, William W. Burke-White
Investment Protection in Extraordinary Times: The Interpretation and Application of Non-Precluded Measures Provisions in Bilateral Investment Treaties, William W. Burke-White and Andreas von Staden
Non-Precluded Measures Provisions, the State of Necessity, and State Liability for Investor Harms in Exceptional Circumstances, William W. Burke-White and Andreas von Staden
Guest Workers and Justice in a Second-Best World, Howard F. Chang
The Disadvantages of Immigration Restriction as a Policy to Improve Income Distribution, Howard F. Chang
The Economics of International Labor Migration and the Case for Global Distributive Justice in Liberal Political Theory, Howard F. Chang
The Immigration Paradox: Alien Workers and Distributive Justice, Howard F. Chang
On Beyond CalPERS: Survey Evidence on the Developing Role of Public Pension Funds in Corporate Governance, Stephen Choi and Jill E. Fisch
Much Ado about Nothing?, Cary Coglianese
The Managerial Turn in Environmental Policy, Cary Coglianese
The Rhetoric and Reality of Regulatory Reform, Cary Coglianese
Change and Challenge in Regulation and Governance, Cary Coglianese, John Braithwaite, and David Levi-Faur
Policymaking Under Pressure: The Perils of Incremental Responses to Climate Change, Cary Coglianese and Jocelyn D’Ambrosio
Government Clubs: Theory and Evidence from Voluntary Environmental Programs, Cary Coglianese and Jennifer Nash
International Pressures and Domestic Pushback, Jacques deLisle
Legalization without Democratization in China under Hu Jintao, Jacques deLisle
“One World, Different Dreams”: The Contest to Define the Beijing Olympics, Jacques deLisle
Miscalculating Welfare, Michael B. Dorff and Kimberly Kessler Ferzan
Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960-2000, Zachary Elkins, Andrew T. Guzman, and Beth A. Simmons
Making the Corporation Safe for Shareholder Democracy, Lisa Fairfax
Shareholder Democracy on Trial: International Perspective on the Effectiveness of Increased Shareholder Power, Lisa Fairfax
The Impact of the Sarbanes-Oxley Act on Non-Shareholder Constituents: A Silver Lining, But Will it Endure?, Lisa Fairfax
The Law and Economics of Environmental Federalism: Europe and the United States Compared, Michael G. Faure and Jason S. Johnston
Is There a Method to the Madness? Why Creative and Counterintuitive Solutions Are Counterproductive, Kimberly Ferzan and Michael Dorff
Beyond Intention, Kimberly Kessler Ferzan
Living on the Edge: The Margins of Legal Personhood, Symposium Foreword, Kimberly Kessler Ferzan
Self-Defense and the State, Kimberly Kessler Ferzan
Acting on an Intention, Claire Oakes Finkelstein
Contrived Defenses and Deterrent Threats: Two Facets of One Problem, Claire Oakes Finkelstein and Leo Katz
Transamerica Case, Jill Fisch
‘New Facts’ in ICTY and ICTR Review Proceedings, Jean Galbraith
Law and Religion, 1790-1920, Sarah Gordon
Where the Action Is - Law, Religion, and the Scholarly Divide, Sarah Barringer Gordon
Has the Erie Doctrine Been Repealed by Congress?, Geoffrey C. Hazard Jr.
Childhood Educational Disruption and Later Life Outcomes: Evidence from Prince Edward County, Paul Heaton
Exclusionary Bundled Discounts and the Antitrust Modernization Commission, Erik Hovenkamp and Herbert J. Hovenkamp
Responsibility, Freedom and Social Justice, Herbert Hovenkamp and Daniel A. Crane
Innovation and the Domain of Competition Policy, Herbert J. Hovenkamp
Patent Deception in Standard Setting: The Case for Antitrust Policy, Herbert J. Hovenkamp
Schumpeterian Competition and Antitrust, Herbert J. Hovenkamp
The Antitrust Standard for Unlawful Exclusionary Conduct, Herbert J. Hovenkamp
The Coase Theorem and Arthur Cecil Pigou, Herbert J. Hovenkamp
The Intellectual Property-Antitrust Interface, Herbert J. Hovenkamp
The Walker Process Doctrine: Infringement Lawsuits as Antitrust Violations, Herbert J. Hovenkamp
Unilateral Refusals to Deal, Vertical Integration, and the Essential Facility Doctrine, Herbert J. Hovenkamp
Unilateral Refusals to License in the U.S., Herbert Hovenkamp, Mark Janis, and Mark Lemley
The Value of Patents in Industry Standards: Avoiding License Arbitrage with Voluntary Rules, Gus Hurwitz
Climate Change Confusion and the Supreme Court: the Misguided Regulation of Greenhouse Gas Emissions under the Clean Air Act, Jason S. Johnston
Embattled CEOs, Marcel Kahan and Edward B. Rock
The Hanging Chads of Corporate Voting, Marcel Kahan and Edward B. Rock
Corporate Taxation and International Charter Competition, Mitchell Kane and Edward B. Rock
Do Spa Visits Improve Health: Evidence from German Micro Data, Jonathan Klick
Differential Victimization: Efficiency and Fairness Justifications for the Felony Murder Rule, Jonathan Klick and Nuno Garoupa
Social Networks, Self Denial, and Median Preferences: Conformity as an Evolutionary Strategy, Jonathan Klick and Francesco Parisi
What Drives the Passage of Damage Caps?, Jonathan Klick and Catherine Sharkey
Agency Costs, Charitable Trusts, and Corporate Control: Evidence from Hershey's Kiss-Off, Jonathan Klick and Robert H. Sitkoff
International Competitiveness, Tax Incentives, and a New Argument for Tax Sparing: Preventing Double Taxation by Crediting Implicit Taxes, Michael S. Knoll
The Taxation of Private Equity Carried Interests: Estimating the Revenue Effects of Taxing Profit Interests as Ordinary Income, Michael S. Knoll
The Ancient Roots of Modern Financial Innovation: The Early History of Regulatory Arbitrage, Michael S. Knoll
Hotspots in a Cold War: The NAACP's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
The Practice of Teaching, the Practice of Law: What Does it Mean to Practice Responsibly?, Howard Lesnick
Debt and Democracy: Towards a Constitutional Theory of Bankruptcy, Jonathan C. Lipson
Compliance With Advance Directives: Wrongful Living and Tort Law Incentives, Holly Fernandez Lynch, Michele Mathes, and Nadia N. Sawicki
Temporary Accidents?, Elizabeth Magill
Civil Rights on Both Sides: Reproductive Rights and Free Speech in Schenck v. Pro-Choice Network of Western New York, Serena Mayeri
Reconstructing the Race-Sex Analogy, Serena Mayeri
Gender Equality, Serena Mayeri, Nathaniel Persily, Ryan Brown, and Son Ho Kim
Affirmative Defenses, Stephen Morse
Diminished Capacity, Stephen Morse
Insanity Defense Reform Act (IDRA), Stephen Morse
Determinism and the Death of Folk Psychology: Two Challenges to Responsibility from Neuroscience, Stephen J. Morse
Psychopathy and Criminal Responsibility, Stephen J. Morse
The Ethics of Forensic Practice: Reclaiming the Wasteland, Stephen J. Morse
Thoroughly Modern: Sir James Fitzjames Stephen on Criminal Responsibility, Stephen J. Morse
Vice, Disorder, Conduct, and Culpability, Stephen J. Morse
Torts and Innovation, Gideon Parchomovsky and Alex Stein
Series LLCs, the UCC, and the Bankruptcy Code - A Series of Unfortunate Events, Norman Powell
Robert Clifton Weaver and the American City: The Life and Times of an Urban Reformer, Wendell Pritchett
Which Urban Crisis: Regionalism, Race and Urban Policy, 1960-1974, Wendell Pritchett
Is Race-Based Medicine Good for Us?: African-American Approaches to Race, Biotechnology, and Equality, Dorothy Roberts
The Racial Geography of Child Welfare: Toward a New Research Paradigm, Dorothy Roberts
Constructing a Criminal Justice System Free of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
The Racial Geography of State Child Protection, Dorothy E. Roberts
Torture and the Biopolitics of Race, Dorothy E. Roberts
A Practical Theory of Justice: Proposal for a Hybrid Distributive Principle Centered on Empirical Desert, Paul Robinson