Submissions from 2008
Judicial Supremacy, Judicial Activism: Cooper v. Aaron and Parents Involved, Kermit Roosevelt III
Polyphonic Stare Decisis: Listening to non-Article III Actors, Kermit Roosevelt III
A Closing Keynote: A Comment on Mass Incarceration in the United States, David Rudovsky
Health Law’s Coherence Anxiety, Theodore Ruger
Doctors, Discipline, and the Death Penalty: Professional Implications of Safe Harbor Statutes, Nadia N. Sawicki
Globalization, Sovereignty and Democracy: The Role of International Organizations in a Globalizing World, Beth Simmons
Governance in the Ruins, David A. Skeel Jr.
The Paths of Christian Legal Scholarship, David A. Skeel Jr.
The Unbearable Lightness of Christian Legal Scholarship, David A. Skeel Jr.
What Were Jesus and the Pharisees Talking About When They Talked About Law?, David A. Skeel Jr.
Rethinking Broadband Internet Access, Daniel F. Spulber and Christopher S. Yoo
Toward a Unified Theory of Access to Local Telephone Systems, Daniel F. Spulber and Christopher S. Yoo
Human Freedom And Two Friedmen: Musings On The Implications Of Globalization For The Effective Regulation Of Corporate Behavior, Leo E. Strine Jr.
Judiciary Act of 1891, Catherine Struve
Commentary on Class Settlements Under Attack, Catherine T. Struve
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
Patent Law: Concepts & Insights, Polk Wagner and Craig Nard
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
Review, Steve Estes, Ask & Tell: Gay and Lesbian Veterans Speak Out, 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
The Unitary Executive: Presidential Power Washington to Bush, Christopher S. Yoo and Steven Calabresi
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
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
Qualitative and Quantitative Research on Tort Law Topics: A Comment on Helland & Klick and Kritzer, Tom 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
The Future of International Law is Domestic (or, The European Way of Law), William Burke-White and Anne-Marie Slaughter
Cultural Communities in a Global Labor Market: Immigration Restrictions as Residential Segregation, Howard F. Chang
Reasonable Emissions of Greenhouse Gases: Efficient Abatement for a Stock Pollutant, 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
Business Interests and Information in Environmental Rulemaking, Cary Coglianese
Legitimacy and Corporate Governance, Cary Coglianese
Weak Democracy, Strong Information: The Role of Information Technology in the Rulemaking Process, 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
Regulation and Regulatory Processes, Cary Coglianese and Robert A. Kagan
Prejudgment Interest in International Arbitration, Jeffrey M. Colon and Michael S. Knoll
Eroding the “One China” Policy: A Tripartite Legal-Political Strategy for Taiwan, Jacques deLisle
Free Trade Areas in East Asia: Legal and Economic Liberalism and the Interest-Based Politics of U.S., PRC and Taiwan Participation, Jacques deLisle
Legislating the Cross-Strait Status Quo?: China’s Anti-Secession Law, Taiwan’s Constitutional Reform, and the U.S.’s Taiwan Relations Act, Jacques deLisle
Traps, Gaps and Law: Prospects and Challenges for China’s Reforms, Jacques deLisle
Easier Said Than Done: A Corporate Law Theory for Actualizing Social Responsibility Rhetoric, Lisa Fairfax
Martha Stewart and Director Independence, Lisa Fairfax
Law, Culture, and Conflict: Dispute Resolution in Postwar Japan, Eric Feldman
Act, Agency, and Indifference: The Foundations of Criminal Responsibility, Kimberly Kessler Ferzan
Holistic Culpability, Kimberly Kessler Ferzan
Two Models of Murder: Patterns of Criminalization in the United States, Claire Finkelstein
Two Models of Murder: Patterns of Criminalisation in the United States, Claire Oakes Finkelstein
Criminalization of Corporate Law: The Impact on Shareholders and Other Constituents, Jill E. Fisch
Does Analyst Independence Sell Investors Short?, Jill E. Fisch
Fiduciary Duties and the Analyst Scandals, Jill E. Fisch
Nuremberg and Its Legacy, Jean Galbraith and Theodor Meron
"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
Econometric Studies of Law, Jonathan Klick
Formal Methods in Legal Scholarship, Jonathan Klick
Functional Law and Economics, Jonathan Klick
Multivariate Methods in Legal Studies, Jonathan Klick
The Tradeoff Between Regulation and Litigation: Evidence from Insurance Class Actions, Jonathan Klick and Eric Helland