Stanford Law Review
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The Bell Doctrine: applications in telecommunications, electricity, and other network industries.
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The Fourth Amendment and the global Internet.
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Remix and cultural production.
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Modern Vacancies, Ancient Remedy: How the De Facto Officer Doctrine Applies to Vacancies Act Violations (And How It Should).
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Learning life's lessons.
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Realizing two-tiered innovation policy through drug regulation.
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Statutes with multiple personality disorders: the value of ambiguity in statutory design and interpretation.
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Valuing Medical Innovation.
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Defining "national group" in the Genocide Convention: a case study of Timor-Leste.
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State court resistance to federal arbitration law.
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The right to freedom of expressive association and the press.
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The inherent irrationality of judgment proofing.
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No, capital punishment is not morally required: deterrence, deontology, and the death penalty.
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From Bilski back to Benson: preemption, inventing around, and the case of genetic diagnostics.
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Single-firm event studies, securities fraud, and financial crisis: problems of inference.
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Cop- Like ("[like]"): The First Amendment, Criminal Procedure, and the Regulation of Police Social Media Speech.
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Unequal protection.
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The American Language of Rights.
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Rethinking patent law's presumption of validity.
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The private order of innovation networks.
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Taxing social enterprise.
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A context-sensitive voting protocol paradigm for multimember courts.
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Availability cascades and risk regulation.
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Undue process.
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Predictably incoherent judgments.
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From markets to venues: securities regulation in an evolving world.
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The Copying of Independent Fashion Designers: Perils and Potential Remedies in a Post-Star Athletica World.
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Network neutrality and quality of service: what a nondiscrimination rule should look like.
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Uses and abuses of empirical evidence in the death penalty debate.
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Stereotypes as Character Evidence.
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Bias Response Teams: Designing for Free Speech and Conflict Resolution on the University Campus.(Speech at Twenty-First Century Schools and Universities)
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Reforming the Federal Sentencing Guidelines' misguided approach to real-offense sentencing.
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If people would be outraged by their rulings, should judges care?
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Doctrines without borders: the "new" Israeli exclusionary rule and the dangers of legal transplantation.
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The learned intermediary doctrine and patient package inserts: a balanced approach to preventing drug-related injury.
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The rule of probabilities: a practical approach for applying Bayes' rule to the analysis of DNA evidence.
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Shirley Mount Hufstedler, pioneer.
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On federalism, freedom, and the founders' view of retained rights: a reply to Randy Barnett.
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Vesting.
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Of kitsch and kachinas: a critical analysis of the Indian Arts and Crafts Act of 1990.
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A tribute to Chief Justice William H. Rehnquist.
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The Constitutional Case for Clear and Convincing Evidence in Bail Hearings.
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The Regulation of Foreign Platforms.
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Statutory interpretation from the inside - an empirical study of congressional drafting, delegation, and the canons.
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Formally legal, probably wrong: corporate tax shelters, practical reason and the New Textualism.
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Bounded evaluation: cognition, incoherence, and regulatory policy.
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Emergencies and political change: a reply to Tushnet.
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The rise of independent directors in the United States, 1950-2005: of shareholder value and stock market prices.
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Reviewing Extraditions to Torture.
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Securities class actions against foreign issuers.
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Taking measures.
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Everyday leadership as a practicing lawyer.
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Municipalities and the Banking Franchise.
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Fallacious Reasoning: Revisiting the Roper Trilogy in Light of the Sexual-Abuse-to-Prison Pipeline.
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A new approach to the Teague doctrine.
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Abandoning Deportation Adjudication.
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Due Process in Removal Proceedings After Thuraissigiam.
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Federalism and the state civil jury rights.
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Marks, morals, and markets.
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The questionable origins of the copyright infringement analysis.
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Criminalization in context: involuntariness, obscenity, and the First Amendment.
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Transcending equality versus adequacy.
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Answering Justice Thomas in Saenz: granting the Privileges or Immunities Clause full citizenship within the Fourteenth Amendment.
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Does peer review work? An experiment of experimentalism.
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Inside agency statutory interpretation.
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Daniel in the Lions Den: A Structural Reconsideration of Religious Exemptions from Nondiscrimination Laws Since Obergefell.
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Antitrust Law, 2d ed.
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Beyond "Market Transparency": Investor Disclosure and Corporate Governance.
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Resuscitating the constitutional "theory" of academic freedom: a search for a standard beyond Pickering and Connick.
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Questioning marks: plurality decisions and precedential constraint.
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Second Amendment Federalism.
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The superiority of an ideal consumption tax over an ideal income tax.
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Probable cause, constitutional reasonableness, and the unrecognized point of a 'pointless indignity'.
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State sovereign standing: often overlooked, but not forgotten.
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The leadership imperative: a collaborative approach to professional development in the global age of more for less.
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From multiculturalism to technique: feminism, culture, and the conflict of laws style.
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Consumption taxation is still superior to income taxation.
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The new confederalism: treaty delegations of legislative, executive, and judicial authority.
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A proposed solution to the problem of parallel pricing in oligopolistic markets.
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Our federal system of sentencing.
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The perverse effects of subsidized weather insurance.
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Leadership in law.
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Doubtful duty: physicians' legal obligation to treat during an epidemic.
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Crisis of conscience: reconciling religious health care providers' beliefs and patients' rights.
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Leadership in law schools.
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A textual-historical theory of the Ninth Amendment.
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Arrests as regulation.
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Deep secrecy.
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"Appropriate" means-ends constraints on Section 5 powers.
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The enforceability of sentencing guidelines.
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What's fair here is not fair everywhere: does the American fair use doctrine violate international copyright law?
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Statutory interpretation from the inside - an empirical study of congressional drafting, delegation, and the canons.
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Should the Supreme Court stop inviting amici curiae to defend abandoned lower court decisions?
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Truth or dare? Terrorism and "truth serum" in the post-9/11 world.
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The creation of the Department of Justice: professionalization without civil rights or civil service.
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"They saw a protest": cognitive illiberalism and the speech-conduct distinction.
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The injustice of appearance.
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Updating the study of punishment.
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Antitrust and the supremacy clause.
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The no-reading problem in consumer contract law.
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Locating copyright within the First Amendment skein.
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JUMPING THE QUEUE: AN INQUIRY INTO THE LEGAL TREATMENT OF STUDENTS WITH LEARNING DISABILITIES.
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Critical Legal Histories and Laws (In)determinacy.
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Choosing immigrants, making citizens.
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Defining better monopolization standards.
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Speeding up to smell the roses.
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An Overlooked Consequence: How Shinn v. Ramirez Paves the Way for New State Collateral Proceedings.
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The new look of deal protection.
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The essential structure of judgment proofing.
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Does the First Amendment bar cancellation of Redskins?
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Contemporary voting rights controversies through the lens of disability.
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Rethinking constitutional welfare rights.
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On lawful lawlessness: George Ryan, executive clemency, and the rhetoric of sparing life.
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FCPA prosecutions: liability trend to watch.
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The Establishment of Religion in Schools.(Speech at Twenty-First Century Schools and Universities)
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The mass tort defendants strike back: are settlement class actions a collusive threat or just a phantom menace?
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The Sovereign Shield.
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Trademark Spaces and Trademark Law's Secret Step Zero.
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The USPTO's proposal of a biological research tool patent pool doesn't hold water.
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Standing upright: the moral and legal standing of humans and other apes.
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Gunmaking at the Founding.
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The American Execution Queue.
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Reconsidering the First Amendment Fetishism of Non-State Actors: The Case of Hate Speech on Social Media Platforms and at Private Universities.(Speech at Twenty-First Century Schools and Universities)
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Unleashing the Past.
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Evidence-based sentencing and the scientific rationalization of discrimination.
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Unrules.
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Lost in the cloud: cloud storage, privacy, and suggestions for protecting users' data.
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Are congressionally authorized wars perverse?
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Conflicts of commitment: legal ethics in the impeachment context.
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FEC v. Wisconsin right to ... petition? A comment on FEC v. Wisconsin Right to Life.
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Engineering a venture capital market: lessons from the American experience.
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Just the facts: the case for workplace transparency.
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Who gets utility from bequests? The distributive and welfare implications for a consumption tax.
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A problem of proof: how routine destruction of court records routinely destroys a statutory remedy.
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A clinic's place in the Supreme Court bar.
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Sequencing in Damages.
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Antitrust's North Star: The Continued and Nameless Judicial Deference Toward the Merger Guidelines.
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Hardware-based ID, rights management, and trusted systems.
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The private law of race and sex: an antebellum perspective.
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The ghost that slayed the mandate.
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Getting Public Rights Wrong: The Lost History of the Private Land Claims.
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The Measure of a Metric: The Debate over Quantifying Partisan Gerrymandering.
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Developing a taste for not being discriminated against.
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An introduction to legal thought: four approaches to law and to the allocation of body parts.
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When nicknames were crowdsourced: or, how to change a team's mascot.
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A new approach to nineteenth-century religious exemption cases.
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Law Without Values: The Life, Work, and Legacy of Justice Holmes.
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Law Schools, Professionalism, and the First Amendment.(Speech at Twenty-First Century Schools and Universities)
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Privatizing the Reservation?
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An empirical analysis of section 1983 qualified immunity actions and implications of Pearson v. Callahan.
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Using Value-Agnostic Incentives to Promote Pharmaceutical Innovation.
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Patenting nanotechnology.
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Understanding the reasons for and impact of legislatively mandated benefits for selected workers.
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Should a Christian lawyer sign up for Simon's practice of justice?
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Toward a new constitutional anatomy.
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Coughlin's suspicion.
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President's pages.
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Pleading sovereign immunity: the doctrinal underpinnings of Hans v. Louisiana and Ex Parte Young.
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Takings, trade secrets, and tobacco: mountain or molehill?
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Regulatory dualism as a development strategy: corporate reform in Brazil, the United States, and the European Union.
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Intellectual property licensees in the developing world
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Tradable patent rights.
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Judicial oversight of negotiated sentences in a world of bargained punishment.
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Against data exceptionalism.
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Why Justice Scalia should be a constitutional comparativist ... sometimes.
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The case against blanket First Amendment protection of scientific research: articulating a more limited scope of protection.
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The future of patents: Bilski and beyond: introduction.
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Regulatory Diffusion.
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Are "Book Bans" Unconstitutional? Reflections on Public School Libraries and the Limits of Law.(Speech at Twenty-First Century Schools and Universities)
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On learning from others.
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'Not Merely There to Help the Men': Equal Pay Laws, Collective Rights, and the Making of the Modern Class Action.
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Corporate crime and deterrence.
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Article 36 of the Vienna Convention on Consular Relations: private enforcement in American courts after LaGrand.
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Defining dicta.
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How Immigration Detention Became Exceptional.
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Professional independence in the Office of the Attorney General.
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Separation of powers and the criminal law.
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Supply, demand, and the changing economics of large law firms.
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Not disabled enough: the ADA's "major life activity" definition of disability.
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Against Geofences.
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Relational sovereignty.
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Privacy and power: computer databases and metaphors for information privacy.
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Lobbying and the petition clause.
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Evil or Ill? Justifying the Insanity Defense.
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Patentee overcompensation and the entire market value rule.
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Privatization and the law and economics of political advocacy.
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Patents, Property, and Prospectivity.
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Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee.
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The new law of legislative standing.
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Scarcity amidst wealth: the law, finance, and culture of elite university endowments in financial crisis.
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Two cultures of punishment.
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Theorizing Student Expression: A Constitutional Account of Student Free Speech Rights.(Speech at Twenty-First Century Schools and Universities)
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Forty years of wondering in the wilderness and no closer to the promised land: Bilski's superficial textualism and the missed opportunity to return patent law to its technology mooring.
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Establishing official Islam? The law and strategy of counter-radicalization.
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Life after Bilski.
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A Cruel and Unusual Way to Regulate the Homeless: Extending the Status Crimes Doctrine to Anti-homeless Ordinances.
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Mr. Madison meets a time machine: the political science of federal sentencing reform.
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The "Quality Health Care Coalition Act": can antitrust law improve patient care?
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Fourth Amendment remedial equilibration: a comment on Herring v. United States and Pearson v. Callahan.
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Fragmentation nodes: a study in financial innovation, complexity, and systemic risk.
