Submissions from 2022
Managing the Performance of Regulatory Entities, Cary Coglianese
Moving Toward Personalized Law, Cary Coglianese
Pandemic Federalism, Cary Coglianese
Solving the Congressional Review Act’s Conundrum, Cary Coglianese
From Negative to Positive Algorithm Rights, Cary Coglianese and Kat Hefter
Algorithm vs. Algorithm, Cary Coglianese and Alicia Lai
Antitrust by Algorithm, Cary Coglianese and Alicia Lai
Assessing Automated Administration, Cary Coglianese and Alicia Lai
Assessing the Chinese Communist Party and its Many, Changing Roles, Jacques deLisle
China's Russia/Ukraine Problem, and Why It's Bad for Almost Everyone Else Too, Jacques deLisle
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
Expanding the Women Peace and Security Agenda to Protect Women's Education in Afghanistan and Other Geographies of Conflict, Rangita de Silva de Alwis
The Disability Cost Narrative: A Roundtable Discussion [transcript], Eizabeth F. Emens, Kaaryn S. Gustafson, and Jasmine E. Harris
What Comes After January 6? On the Contingent Congressional Procedure, William B. Ewald
Board Committee Charters and ESG Accountability, Lisa Fairfax
Dynamic Disclosure: An Exposé on the Mythical Divide Between Voluntary and Mandatory ESG Disclosure, Lisa Fairfax
Racial Reckoning with Economic Inequities: Board Diversity as a Symptom and a Cure, Lisa Fairfax
Racial Rhetoric or Reality? Cautious Optimism on the Link Between Corporate #BLM Speech and Behavior, Lisa Fairfax
Stakeholderism, Corporate Purpose, and Credible Commitment, Lisa Fairfax
Conspiracy, Complicity, and the Scope of Contemplated Crime, Kimberly Ferzan
Dissent-Sensitive Permissions, Kimberly Kessler Ferzan
#WeToo, Kimberly Kessler Ferzan
Presumed Unfit: The Dual Bind Faced by Pregnant and Parenting Youth in Foster Care, Kara Finck
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
Fighting State Actor with the Tools of Hybridized Warfare: Can the Law of Armed Conflict Be Saved?, Claire Oakes Finkelstein
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
The Preservation of Art and Culture in Times of War, Claire Oakes Finkelstein, Derek Gillman, and Frederik Rosen
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
Restoring the Rule of Law through Department of Justice Reform, Claire Oakes Finkelstein and Richard Painter
Beyond Guantanamo: Restoring the Rule of Law to the Law of War, Claire Oakes Finkelstein and Harvey Rishikof
A Lesson from Startups: Contracting Out of Shareholder Appraisal, Jill E. Fisch
GameStop and the Reemergence of the Retail Investor, Jill E. Fisch
Purpose Proposals, Jill E. Fisch
Stealth Governance: Shareholder Agreements and Private Ordering, Jill E. Fisch
The Uncertain Stewardship Potential of Index Funds, Jill E. Fisch
Trust, financial literacy, and financial market participation, Jill E. Fisch and Jason S. Seligman
Centering the relationship between structural racism and individual bias, Agustin Fuentes, Laurence Ralph, and Dorothy E. Roberts
Centering the Relationship Between Structural Racism and Individual Bias, Agustin Fuentes, Dorothy E. Roberts, and Laurence Ralph
Antitrust Liability for False Advertising: A Response to Carrier & Tushnet, Susannah Gagnon and Herbert J. Hovenkamp
The Runaway Presidential Power over Diplomacy, Jean Galbraith
Rational Deliberation: Selected Writings of David Gauthier, David Gauthier, Susan Dimock, Claire Oakes Finkelstein, and Christopher W. Morris
Reform We Can Agree on: Public Opinion on Prosecutorial Liability, Rachel Leigh Greenspan, Ross Miller, and Paul Heaton
Remodeling Criminal Insanity: Exploring Philosophical, Legal, and Medical Premises of the Medical Model Used in Norwegian Law, Linda Gröning, Unn K. Haukvik, Stephen J. Morse, and Susanna Radovic
Sentencing Co-Offenders, Ehud Guttel, Ittai Paldor, and Gideon Parchomovsky
Secured Transactions Law Reform in Japan: Japan Business Credit Project Assessment of Interviews and Tentative Policy Proposals, Megumi Hara, Kumiko Koens, and Charles W. Mooney Jr.
Disability, Aesthetics, and the Making of a “Criminal”, Jasmine Harris
Disability Employment Class Actions, Jasmine Harris
Locating Disability Within a Health Justice Framework, Jasmine E. Harris
Foreword: The Disability Frame, Jasmine E. Harris and Karen Tani
McCormick on Evidence, Jasmine Harris, Kit Kinports, Robert P. Mosteller, Kenneth S. Broun, Edward J. Imwinkelried, David H. Kaye, George E. Dix, and Eleanor Swift
Qualifying Prosecutorial Immunity Through Brady Claims, Paul Heaton, Brian M. Murray, and Jon B. Gould
How a Pandemic Plus Recession Foretell the Post-Job Based Horizon of Health Insurance, Allison K. Hoffman
A Comment on Hillman, Health Crises, David A. Hoffman
Leases as Forms, David A. Hoffman and Anton Strezhnev
Youth and Families Matter: Reconstructing the System One Youth At a Time from the Expertise of Youth Advocates, Marcia Hopkims, Kara Finck, British Christopher, Duane Price, Anthony Simpson, and Ishale Watson
Are Monopolists or Cartels the True Source of Anticompetitive US Political Power, Herbert Hovenkamp
Can the Robinson-Patman Act be Salvaged?, Herbert Hovenkamp
The Corruption of Consumer Welfare, Herbert Hovenkamp
Antitrust Law: An Analysis of Antitrust Principles and Their Application, Herbert Hovenkamp and Phillip E. Areeda
When Rhetoric Confronts Economic Reality: Unsupported Efficiency Claims and Unenforceable Promises Cannot Save the Book Publishers Deal, Herbert Hovenkamp, Bill Baer, and Steven Salop
A Miser’s Rule of Reason: The Supreme Court and Antitrust Limits on Student Athlete Compensation, Herbert J. Hovenkamp
Antitrust Error Costs, Herbert J. Hovenkamp
Digital Cluster Markets, Herbert J. Hovenkamp
Monopolizing Digital Commerce, Herbert J. Hovenkamp
President Biden's Executive Order on Competition: An Antitrust Analysis, Herbert J. Hovenkamp
Selling Antitrust, Herbert J. Hovenkamp
The Invention of Antitrust, Herbert J. Hovenkamp
The Progressives' Antitrust Toolbox, Herbert J. Hovenkamp
What is a Law and Political Economy Movement without Law and Economics or Political Economy?, Gus Hurwitz
Modern Privacy Advocacy: An Approach at War with Privacy Itself?, Gus Hurwitz and Jamil N. Jaffer
Access To Medicines and Pharmaceutical Patents: Fulfilling The Promise of TRIPS Article 31bis, Ezinne Miriam Igbokwe and Andrea Tosato
The In Rem/In Personam Distinction and Conceptual Partitioning for Persistence, Leo Katz and Shayamkrishna Balganesh
Brief of Professors Michael Knoll and Ruth Mason as Amici Curiae Supporting Petitioners in National Pork Producers Council v. Ross, Michael S. Knoll and Ruth Mason
National Pork is a Bibb Case, Not a Pike Case, Michael S. Knoll and Ruth Mason
How Should Clinicians Own Their Roles as Past and Present Exacerbators of Health Inequity and as Present and Future Contributors to Health Equity?, Lisa M. Lee and Anita L. Allen
Racial Justice and Administrative Procedure, Sophia Z. Lee
Review: Civil Rights in America: A History. By Christopher W. Schmidt, Sophia Z. Lee
Are All Risks Created Equal? Rethinking the Distinction Between Legal and Business Risk in Corporate Law, Adi Libson and Gideon Parchomovsky
A Consequentialist Framework for Prevention, Sandra G. Mayson
But What Is Personalized Law?, Sandra G. Mayson
Addiction and Criminal Responsibility: The Law's Rejection of the Disease Model, Stephen J. Morse
Internal and External Challenges to Culpability, Stephen J. Morse
Price Regulation in Two-Sided Markets: Empirical Evidence from Debit Cards, Vladimir Mukharlyamov and Natasha Sarin
The Psychology of Separation: Border Walls, Soft Power, and International Neighborliness, Diana C. Mutz and Beth A. Simmons
The New Penal Bureaucrats, Shaun Ossei-Owusu
Third Party Moral Hazard and the Problem of Insurance Externalities, Gideon Parchomovsky and Peter Siegelman
Preliminary Damages, Gideon Parchomovsky and Alex Stein
Diversity and Reimagining the Internal-External Dichotomy, Elizabeth Pollman
The Rise of Regulatory Affairs in Innovative Startups, Elizabeth Pollman
Networks, Platforms, and Utilities: Law and Policy, Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand
Buck v. Bell, Dorothy E. Roberts
Family Policing as Counterinsurgency and the Gathering Abolitionist Force, Dorothy E. Roberts
Racism, Abolition, and Historical Resemblance, Dorothy E. Roberts
The Sociology of Race: Du Bois's Challenge to Biological Explanations of Racial Inequality, Dorothy E. Roberts
Torn Apart: How the Child Welfare System Destroys Black Families -- And How Abolition Can Build a Safer World, Dorothy E. Roberts
Rationing, Racism, and Justice: Advancing the Debate Around 'Colourblind' COVID-19 Ventilator Allocation, Dorothy E. Roberts, Harald Schmidt, and Nwamaka D. Eneanya