Submissions from 2004
Review of Bandes, Susan A., ed. The Passions of Law. New York: New York University Press, 1999, Stephen J. Morse
The Recently Revised Marriage Law of China: The Promise and the Reality, Charles J. Ogletree Jr. and Rangita de Silva de Alwis
Selling Mayberry: Communities and Individuals in Law and Economics, Gideon Parchomovsky and Peter Siegelman
Functional Law and Economics: The Search for Value-Neutral Principles of Lawmaking, Francesco Parisi and Jonathan Klick
Ripstein, Rawls, and Responsibility, Stephen R. Perry
Perceptions of Corruption and Campaign Finance: When Public Opinion Determines Constitutional Law, Nathaniel Persily and Kelli Lammie
Housing Policy, Wendell Pritchett
Robert Weaver, Wendell Pritchett
The Social and Moral Cost of Mass Incarceration in African American Communities, Dorothy E. Roberts
Welfare Reform and Economic Freedom: Low-Income Mothers' Decisions about Work at Home and in the Market, Dorothy E. Roberts
Criminal Justice in the Information Age: A Punishment Theory Paradox, Paul H. Robinson
Does Criminal Law Deter? A Behavioral Science Investigation, Paul H. Robinson
"A Question Which Convulses a Nation": The Early Republic's Greatest Debate About the Judicial Review Power, Theodore Ruger
The Judicial Appointment Power of the Chief Justice, Theodore Ruger
The Supreme Court Federalizes Managed Care Liability, Theodore Ruger
Competing Approaches to Predicting Supreme Court Decision Making, Theodore Ruger, Pauline T. Kim, Andrew D. Martin, and Kevin M. Quinn
Supreme Court Forecasting Project: Legal and Political Science Approaches to Supreme Court Decision-Making, Theodore Ruger, Pauline T. Kim, Andrew D. Martin., and Kevin M. Quinn
A Realpolitik Defense of Social Rights, Kim Lane Scheppele
Constitutional Ethnography: An Introduction, Kim Lane Scheppele
Law in a Time of Emergency, Kim Lane Scheppele
Other People's PATRIOT Acts: Europe's Response to September 11, Kim Lane Scheppele
The Globalization of Liberalization: Policy Diffusion in the International Political Economy, Beth Simmons and Zachary Elkins
Bankruptcy's Home Economics, David A. Skeel Jr.
Corporate Anatomy Lessons, David A. Skeel Jr.
Employees, Pensions, and Governance in Chapter 11, David A. Skeel Jr.
Icarus in the Boardroom, Introduction, David A. Skeel Jr.
Racial Dimensions of Credit and Bankruptcy, David A. Skeel Jr.
The Past, Present and Future of Debtor-in-Possession Financing, David A. Skeel Jr.
Improving the Medical Malpractice Litigation Process, Catherine Struve
Doctors, the Adversary System, and Proceudral Reform in Medical Liability Litigation, Catherine T. Struve
Tribal Immunity and Tribal Courts, Catherine T. Struve
Exactly Backwards: Exceptionalism and the Federal Circuit, Polk Wagner
On Software Regulation, Polk Wagner
Is the Federal Circuit Succeeding? An Empirical Assessment of Judicial Performance, Polk Wagner and Lee Petherbridge
Of Patents and Path Dependency: A Comment on Burk and Lemley, R. Polk Wagner
Against Neutrality, Amy Wax
Evolution and the Bounds of Human Nature, Amy Wax
Family Friendly Workplace Reform: Prospects for Change, Amy Wax
Political Representation and Accountability Under Don't Ask, Don't Tell, Tobias Barrington Wolff
Copyright and Product Differentiation, Christopher S. Yoo
The Role of Politics and Policy in Television Regulation, Christopher S. Yoo
The Unfulfilled Promise of Korean Telecommunications Reform, Christopher S. Yoo
Would Mandating Network Neutrality Help or Hurt Broadband Competition? A Comment on the End-to-End Debate, Christopher S. Yoo
The Unitary Executive During the Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, and Laurence D. Nee
Submissions from 2003
Risk, Death and Harm: The Normative Foundations of Risk Regulation, Matthew D. Adler
Against Drug Use, Anita Allen
Privacy, Anita Allen
Why Journalists Can’t Protect Privacy, Anita Allen
Why Privacy Isn't Everything: Feminist Reflections on Personal Accountability, Anita Allen
Privacy, Anita L. Allen
Privacy Isn't Everything: Accountability as a Personal and Social Good, Anita L. Allen
“Black People’s Money”: The Impact of Law, Economics, and Culture in the Context of Race on Damage Recoveries, Regina Austin
Speaking Volumes: Musings on the Issues of the Day, Inspired by the Memory of Mary Joe Frug, Regina Austin and Elizabeth M. Schneider
Why Do Distressed Companies Choose Delaware? An Empirical Analysis of Venue Choice in Bankruptcy , Kenneth M. Ayotte and David A. Skeel Jr.
Genocide, Press Freedom, and the Case of Hassan Ngeze, C. Edwin Baker
Containing the Promise of Insurance: Adverse Selection and Risk Classification, Tom Baker
The Value of Giving Away Secrets, Oren Bar-Gill and Gideon Parchomovsky
Of Property and Anti-Property, Abraham Bell and Gideon Parchomovsky
Getting off the Dole: Why the Court Should Abandon Its Spending Doctrine and How a Too-Clever Congress Could Provoke It to Do So, Mitchell N. Berman
Justification and Excuse, Law and Morality, Mitchell N. Berman
Apprendi in the States: The Virtues of Federalism as a Structural Limit on Errors, Stephanos Bibas
Bringing Moral Values into a Flawed Plea Bargaining System, Stephanos Bibas
Harmonizing Substantive-Criminal Law-Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas, Stephanos Bibas
The Real-World Shift in Criminal Procedure, Stephanos Bibas
The Right to Remain Silent Helps Only the Guilty, Stephanos Bibas
Enron, Sarbanes-Oxley and Accounting: Rules versus Principles versus Rents, William W. Bratton
Shareholder Value and Auditor Independence, William W. Bratton
What Do We Mean by "Judicial Independence"?, Stephen B. Burbank
Regionalization of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
The International Criminal Court and the Future of Legal Accountability, William W. Burke-White
The Unitary Executive During the Second Half-Century, Steven G. Calabresi and Christopher S. Yoo
Immigration and the Workplace: Immigration Restrictions as Employment Discrimination, Howard F. Chang
Immigration Restrictions as Employment Discrimination, Howard F. Chang
The Immigration Paradox: Poverty, Distributive Justice, and Liberal Egalitarianism, Howard F. Chang
How to Fix Wall Street: A Voucher Financing Proposal for Securities Intermediaries, Stephen Choi and Jill E. Fisch
The Case for Repealing the Corporate Alternative Minimum Tax, Terrence R. Chorvat and Michael S. Knoll
Does Consensus Work? A pragmatic approach to public participation in the regulatory process, Cary Coglianese
Is Satisfaction Success? Evaluating Public Participation in Regulatory Policy Making, Cary Coglianese
Building Sector-Based Consensus: A Review of the EPA's Common Sense Initiative, Cary Coglianese and Laurie K. Allen
Management-Based Regulation: Prescribing Private Management to Achieve Public Goals, Cary Coglianese and David Lazer
Performance-Based Regulation: Prospects and Limitations in Health, Safety and Environmental Protection, Cary Coglianese and Jennifer Nash
Collective Silence and Individual Voice: The Logic of Information Games, Cary Coglianese, Edward Parson, and Richard Zeckhauser
Chasing the God of Wealth while Evading the Goddess of Democracy: Development, Democracy, and Law in Reform-Era China, Jacques deLisle
Arbitration, Consent and Contractual Theory: The Implications of EEOC v.Waffle House, Jaime L. Dodge and Elizabeth Pollman
Simplifying the Transition to a (Progressive) Consumption Tax, Mitchell L. Engler and Michael S. Knoll
The Search for Mathematical Roots, William Ewald
Form Over Substance?: Officer Certification and the Promise of Enhanced Personal Accountability underthe Sarbanes-Oxley Act, Lisa Fairfax
The Thin Line Between Love and Hate: Why Affinity-Based Securities and Investment Fraud Constitutes a Hate Crime, Lisa Fairfax
The Implications of Transition Theory for Stare Decisis, Jill E. Fisch
The Qualified Legal Compliance Committee: Using the Attorney Conduct Rules to Restructure the Board of Directors, Jill E. Fisch and Caroline M. Gentile
Is There a Role for Lawyers in Preventing Future Enrons?, Jill E. Fisch and Kenneth M. Rosen
The Securities Analyst as Agent: Rethinking the Regulation of Analysts, Jill E. Fisch and Hillary A. Sale
The Bush Administration's Response to the International Criminal Court, Jean Galbraith
How Relevant is Jury Rationality?, David A. Hoffman
Antitrust as Extraterritorial Regulatory Policy, Herbert Hovenkamp
The Rationalization of Antitrust, Herbert Hovenkamp
The Reckoning of Post-Chicago Antitrust, Herbert Hovenkamp
Fundamentals of Antitrust Law, Herbert Hovenkamp and Phillip E. Areeda
Antitrust Violations in Securities Markets, Herbert Hovenkamp, Mark Janis, and Mark Lemley
Anticompetitive Settlement of Intellectual Property Disputes, Herbert J. Hovenkamp, Mark D. Janis, and Mark A. Lemley