Below are law faculty papers and publications in reverse chronological order. Within each year, papers are listed alphabetically by the last name of the first listed author.

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Submissions from 2023

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What is Algorithmic Bias and Why Antitrust Agencies Should Care?, Giovanna Massarotto

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Pioneers of Precarity, Serena Mayeri

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The Intersectional Origins of Modern Feminist Legal Advocacy, Serena Mayeri

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Evading a Race-Conscious Constitution, Cara McClellan

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When Claims Collide: Students for Fair Admissions v. Harvard and the Meaning of Discrimination, Cara McClellan

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Policy Dialogue: Racial Segregation in America's Schools, Cara McClellan and Matthew Delmont

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Democracy's Bureaucracy: The Complicated Case of Voter Registration Lists, Michael Morse

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Donating to the District Attorney, Michael Morse, Carissa Byrne Hessick, and Nathan Pinnell

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Advanced Introduction to Substantive Criminal Law, Stephen J. Morse

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Criminal Responsibility Reconsidered, Stephen J. Morse

Contracting Around Tort Defaults: The Knock-for-Knock Principle and Accident Costs, Gideon Parchomovsky and Endre Stavang

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Startup Failure, Elizabeth Pollman

Business Organizations: A Contemporary Approach, 4th Edition, Elizabeth Pollman and Frank Partnoy

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Disabling Travel: Quantifying the Harm of Inaccessible Hotels to Disabled People, Kristen L. Popham, Elizabeth F. Emens, and Jasmine Harris

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The Problem with Race-Based Medicine, Dorothy E. Roberts

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Why Abolition, Dorothy E. Roberts

American Criminal Law: Its People, Policy & Evolution, Paul H. Robinson and Sarah M. Robinson

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Standing Back and Standing Down: Citizen Non-Cooperation and Police Non-Intervention as Causes of Justice Failure and Crime, Paul H. Robinson, Jeffrey Seaman, and Muhammad Sarahne

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Beyond Anti-Anti-Orientalism, Or How Not to Study Chinese Law, Teemu Ruskola

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Book Review: A Certain Justice: Toward an Ecology of the Chinese Legal Imagination, Teemu Ruskola

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The Leveling Axiom, Alvaro Sandroni and Leo Katz

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Equal Protection in Dobbs and Beyond: How States Protect Life Inside and Outside of the Abortion Context, Reva Siegel, Serena Mayeri, and Melissa Murray

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Cyber Borders: Exercising State Sovereignty Online, Beth Simmons and Rachel Hulvey

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Infrastructure and authority at the state’s edge: The Border Crossings of the World dataset, Beth Simmons, Michael R. Kenwick, and Richard J. McAlexander

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Allowing the Courts to Step in Where Needed: Applying the PLRA's 90-Day Limit on Preliminary Relief, Catherine T. Struve

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After 504: Training the Citizen-Enforcers of Disability Rights, Karen Tani

Judicial Extraterritoriality, Yanbai Wang

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Demonstrating Law Library Value Through Mission-Centered Assessment, Amanda Watson, Amanda Karel, Amanda Runyon, and Leslie Street

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Rural Energy Justice, Shelley Welton and Conor Harrison

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“Why Change?” Monopoly and Competition in the Southeastern U.S. Electricity System, Shelley Welton and Conor Harrison

Fool Proof: How Fear of Playing the Sucker Shapes our Selves and the Social Order -- and What We Can Do About It, Tess Wilkinson-Ryan

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Expecting Specific Performance, Tess Wilkinson-Ryan, David Hoffman, and Emily Campbell

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Choice of Law and the Federal-State System, Tobias Wolff

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Network Slicing and Net Neutrality, Christopher S. Yoo

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Optimizing Cybersecurity Risk in Medical Cyber-Physical Devices, Christopher S. Yoo and Bethany Lee

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Best Practices for Trying a Section 2 Case, Christopher S. Yoo, Douglas Melamed, John Roberti, and Ian Simmons

Submissions from 2022

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What History Can Tell Us About the Future of Insurance and Litigation after COVID-19, Kenneth S. Abraham and Tom Baker

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Police Frisks, David S. Abrams, Hanming Fang, and Priyanka Goonetilleke

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When in Rome... On Local Norms and Sentencing Decisions, David S. Abrams, Roberto Galbiati, Emeric Henry, and Arnaud Philippe

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Influence by Intimidation: Business Lobbying in the Regulatory Process, Alex Acs and Cary Coglianese

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A Reply to Our Critics, Larry Alexander and Kimberly Ferzan

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Getting Close: Philosophers Engage with Government and NGOs, Anita Allen

Social Monitoring: Is it Social?, Anita Allen

The Discretion of Academic Administrators, Anita Allen

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Dismantling the “Black Opticon”: Privacy, Race Equity, and Online Data-Protection Reform, Anita L. Allen

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Privacy, Health, and Race Equity in the Digital Age, Anita L. Allen

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Insurance and Enterprise: Cyber Insurance for Ransomware, Tom Baker and Anja Shortland

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The Government Behind Insurance Governance: Lessons for Ransomware, Tom Baker and Anja Shortland

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Nonparty Interests in Contract Law, Omri Ben-Shahar, David A. Hoffman, and Cathy Hwang

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Dworkin versus Hart Revisited: The Challenge of Non-Lexical Determination, Mitchell N. Berman

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How Practices Make Principles, and How Principles Make Rules, Mitchell N. Berman

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Keeping Our Distinctions Straight: A Response to “Originalism: Standard and Procedure”, Mitchell N. Berman

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Negligence and Culpability: Reflections on Alexander and Ferzan, Mitchell N. Berman

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Principles of Proportionate Punishment: Comments on John Deigh, From Psychology to Morality: Essays in Ethical Naturalism, Mitchell N. Berman

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Virtually Incredible: Rethinking Deference to Demeanor When Assessing Credibility in Asylum Cases Conducted by Video Teleconference, Liz Bradley and Hillary Farber

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Duty and Diversity, Chris Brummer and Leo E. Strine Jr.

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Realigning the Governance Architecture After COVID-19: City Diplomacy and Multilateral Institutions, William W. Burke-White and Eugenie Birch

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Administrative Law: Governing Economic and Social Governance, Cary Coglianese

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Building Better Compliance, Cary Coglianese

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Confronting Complexity with Regulatory Excellence: Recommendations in the Wake of the Philadelphia Refinery Explosion, Cary Coglianese

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Managing the Performance of Regulatory Entities, Cary Coglianese

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Moving Toward Personalized Law, Cary Coglianese

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Pandemic Federalism, Cary Coglianese

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Solving the Congressional Review Act’s Conundrum, Cary Coglianese

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From Negative to Positive Algorithm Rights, Cary Coglianese and Kat Hefter

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Algorithm vs. Algorithm, Cary Coglianese and Alicia Lai

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Antitrust by Algorithm, Cary Coglianese and Alicia Lai

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Assessing Automated Administration, Cary Coglianese and Alicia Lai

Assessing the Chinese Communist Party and its Many, Changing Roles, Jacques deLisle

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China's Russia/Ukraine Problem, and Why It's Bad for Almost Everyone Else Too, Jacques deLisle

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Deterrence Dilemmas and Alliance Dynamics: United States Policy on Cross-Strait Issues and the Implications of the War in Ukraine, Jacques deLisle

China and COVID-19: An Archetypal Legal and Governmental Response to an Exceptional Challenge, Jacques deLisle and Shen Kui

The party leads all : the evolving role of the Chinese Communist Party, Jacques deLisle and Guobin Yang

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Expanding the Women Peace and Security Agenda to Protect Women's Education in Afghanistan and Other Geographies of Conflict, Rangita de Silva de Alwis

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The Disability Cost Narrative: A Roundtable Discussion [transcript], Eizabeth F. Emens, Kaaryn S. Gustafson, and Jasmine E. Harris

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What Comes After January 6? On the Contingent Congressional Procedure, William B. Ewald

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Board Committee Charters and ESG Accountability, Lisa Fairfax

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Dynamic Disclosure: An Exposé on the Mythical Divide Between Voluntary and Mandatory ESG Disclosure, Lisa Fairfax

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Empowering Diversity Ambition: Brummer and Strine’s Duty and Diversity Makes the Legal and Business Case for Doing More, Doing Good, and Doing Well, Lisa Fairfax

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Racial Reckoning with Economic Inequities: Board Diversity as a Symptom and a Cure, Lisa Fairfax

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Racial Rhetoric or Reality? Cautious Optimism on the Link Between Corporate #BLM Speech and Behavior, Lisa Fairfax

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Stakeholderism, Corporate Purpose, and Credible Commitment, Lisa Fairfax

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Conspiracy, Complicity, and the Scope of Contemplated Crime, Kimberly Ferzan

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Dissent-Sensitive Permissions, Kimberly Kessler Ferzan

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#WeToo, Kimberly Kessler Ferzan

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Presumed Unfit: The Dual Bind Faced by Pregnant and Parenting Youth in Foster Care, Kara Finck

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A Venn diagram of vulnerability: The convergence of pediatric palliative care and child maltreatment a narrative review, and a focus on communication, Kara Finck, Charles B. Rothschild, Barbara H. Chaiyachati, and Melissa A. Atwood

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Fighting State Actor with the Tools of Hybridized Warfare: Can the Law of Armed Conflict Be Saved?, Claire Oakes Finkelstein

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Protecting Democracy Against Foreign Interference, Claire Oakes Finkelstein

Between Crime and War: Hybrid Legal Frameworks for Asymmetric Conflict, Claire Oakes Finkelstein, Christopher Fuller, Jens Ohlin, and Mitt Regan

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The Preservation of Art and Culture in Times of War, Claire Oakes Finkelstein, Derek Gillman, and Frederik Rosen

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Presidential Accountability and the Rule of Law: Can the President Claim Immunity if He Shoots Someone on Fifth Avenue?, Claire Oakes Finkelstein and Richard Painter

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Restoring the Rule of Law through Department of Justice Reform, Claire Oakes Finkelstein and Richard Painter

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Beyond Guantanamo: Restoring the Rule of Law to the Law of War, Claire Oakes Finkelstein and Harvey Rishikof

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A Lesson from Startups: Contracting Out of Shareholder Appraisal, Jill E. Fisch

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GameStop and the Reemergence of the Retail Investor, Jill E. Fisch

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Purpose Proposals, Jill E. Fisch

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Stealth Governance: Shareholder Agreements and Private Ordering, Jill E. Fisch

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The Uncertain Stewardship Potential of Index Funds, Jill E. Fisch

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Trust, financial literacy, and financial market participation, Jill E. Fisch and Jason S. Seligman