University of Pennsylvania Law Review
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A response To Professor Cooper.
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SECRECY CREEP.
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The commoning of the common law: the Renaissance debate over printing English law, 1520-1640.
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Escaping battered credit: a proposal for repairing credit reports damaged by domestic violence.
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Response to Gary Orfield.
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Separation of powers legitimacy: an empirical inquiry into norms about executive power.
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SUBSTANCE AND PROCEDURE IN LOCAL ADMINISTRATIVE LAW.
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Do the merits matter? Empirical evidence on shareholder suits from options backdating litigation.
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REQUISITE REALIGNMENT: AFFIRMATIVE ACTION, ASIAN AMERICANS, AND THE BLACK-WHITE BINARY.
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The conditions of pretrial detention.
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Successor liability under CERCLA: it's time to fully embrace state law.
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Toward a standard of meaningful review: examining the actual protections afforded to prisoners in long-term solitary confinement.
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State law, the Westfall Act, and the nature of the Bivens question.
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Islands of conscious power: law, norms, and the self-governing corporation.
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Genotype discrimination: the complex case for some legislative protection.
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Labor and lemons: efficient norms in the internal labor market and the possible failures of individual contracting.
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NEW LOOK CONSTITUTIONALISM: THE COLD WAR CRITIQUE OF MILITARY MANPOWER ADMINISTRATION.
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Structure and value in the common law.
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The case for preferring patent-validity litigation over second-window review and gold-plated patents: when one size doesn't fit all, how could two do the trick?
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Proposing a transactional approach to civil forfeiture reform.
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Assessing CAFA's stated jurisdictional policy.
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Racialized space and the culture of segregation: "hewing a stone of hope from a mountain of despair."(Symposium - Shaping American Communities: Segregation, Housing & the Urban Poor)
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SOMETHING LESS AND SOMETHING MORE: MDL'S ROOTS AS A CLASS ACTION ALTERNATIVE.
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Should corporation law inform aspirations for good corporate governance practices - or vice versa?
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Geoffrey C. Hazard, Jr.: director exemplar of the American Law Institute.
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Reconstructing the establishment clause: the case against discretionary accommodation of religion.
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Geoffrey C. Hazard, Jr.: a curious American.
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Insider trading via the corporation.
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Pro se paternalism: the contractual, practical, and behavioral cases for automatic reversal.
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Raining on the parade of horribles: of slippery slopes, faux slopes, and Justice Scalia's dissent in Lawrence v. Texas.
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Modeling frivolous suits.
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Executive compensation and the misplaced emphasis on increasing shareholder access to the proxy.
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Editorial and Subscription Policies.
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THE CASE AGAINST MDL RULEMAKING.
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Corporate control transactions.
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Confidentiality: a measured response to the failure of privacy.
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Get out of jail free? Preventing employment discrimination against people with criminal records using ban the box laws.
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Lines in the sand: the importance of borders in American federalism.
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The applicability of state appeal bond caps in suits brought in federal courts pursuant to diversity jurisdiction.
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Establishing a buffer zone: the proper balance between the First Amendment religion clauses in the context of neutral zoning regulations.
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Dealing with incommensurability for dessert and desert: comments on Chapman and Katz.
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False campaign speech and the First Amendment.
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A critique of the strict liability standard for determining child support in cases of male victims of sexual assault and statutory rape.
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Brand new law! The need to market health care reform.
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A RETROSPECTIVE LOOK AT BANKRUPTCY'S NEW FRONTIERS.
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The actus reus of Dr. Caligari.
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Using social norms to regulate fan fiction and remix culture.
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A MUNICIPAL SPEECH CLAIM AGAINST BODY CAMERA VIDEO RESTRICTIONS.
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The donor class: campaign finance, democracy, and participation.
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Products liability through private ordering: notes on a Japanese experiment.
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FINALITY AND FORECLOSURE: DETERMINING A HOMEOWNER'S ABILITY TO APPEAL IN MORTGAGE FORECLOSURE CASES.
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The Duryodhana dilemma: United States v. A 10th Century Cambodian Sandstone Sculpture and a proposed code of ethics-based response to repatriation requests for auction houses.
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Structuring judicial review of electoral mechanics: explanations and opportunities.
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International and U.S. obligation toward stowaway asylum seekers.
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Religion and sex in the Yale dorms: a legislative proposal requiring private universities to provide religious accommodations.
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Protecting the press from privacy.
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Simplicity at the cost of clarity: appellate review of claim construction and the failed promise of Cybor.
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In vitro fertilization and the right to procreate: the right to no.
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The fourth era of American civil procedure.
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Prohibiting sexual orientation discrimination in public accommodations: a common law approach.
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An empirical study of patent litigation timing: could a patent term reduction decimate trolls without harming innovators?
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Property outlaws.
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Horizontal federalism in an age of criminal justice interconnectedness.
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PERSISTING SOVEREIGNTIES.
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RECALIBRATING SECTION 220.
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International consensus as persuasive authority in the Eighth Amendment.
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Vanguard states, laggard states: federalism and constitutional rights.
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Funding terror.
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THE PROGRESSIVE IDEA OF DEMOCRATIC ADMINISTRATION.
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TAKING CONTROL RIGHTS SERIOUSLY.
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On the moral irrelevance of bodily movements.
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THE OFFICE OF THE CHIEF CIRCUIT JUDGE.
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Legal realism and legal doctrine.
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Quasi-property: like, but not quite property.
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Advertising and a democratic press.
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The paradox of power in the modern state: why a unitary, centralized presidency may not exhibit effective or legitimate leadership.
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Sticks and stones: the ability of attorneys to appeal from judicial criticism.
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The property strategy.
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Private debt and the missing lever of corporate governance.
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War torts: accountability for autonomous weapons.
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Tontine pensions.
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Role models and the politics of recognition.
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Patent nonuse and technology suppression: the use of compulsory licensing to promote progress.
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For all intents and purposes: what collective intention tells us about Congress and statutory interpretation.
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Inverting the First Amendment.
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A response to Professor Resnick: Will this vehicle pass inspection?
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Did TRIPs spur innovation? An analysis of patent duration and incentives to innovate.
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Federalism and families.
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Beyond maturity: mass tort case management in the Manual for Complex Litigation.
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VEIL PEEKING: THE CORPORATION AS A NEXUS FOR REGULATION.
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The Case of the Prisoners and the origins of judicial review.
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An analysis of the EEOC'S issuance of early right-to-sue letters: does it promote judicial efficiency or encourage administrative incompetence?
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Mutual assent versus gradual ascent: the debate over the right to retract.
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How corporate governance is made: the case of the golden leash.
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Creditors' ball: the "new" new corporate governance in Chapter 11.
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The Judicial Panel on Multidistrict Litigation: time for rethinking.
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Third-party ratings as modern reputational information: how rules of professional conduct could better serve lower-income legal consumers.
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The irrelevance of writtenness in constitutional interpretation.
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"In danger of becoming morally depraved": single black women, working-class black families, and New York state's wayward minor laws, 1917-1928.
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CATCH RULE 22: WHEN INTERPLEADER ACTIONS VIOLATE STATUTORY AND CONSTITUTIONAL DIVERSITY JURISDICTION REQUIREMENTS.
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When is sex because of sex? The causation problem in sexual harassment law.
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Can the battle be won? Compaq, the sham transaction doctrine, and a critique of proposals to combat the corporate tax shelter dragon.
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Postmodern censorship revisited: a reply to Richard Delgado.
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When should discovery come with a bill? Assessing cost shifting for electronic discovery.
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Against "individual risk": a sympathetic critique of risk assessment.
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RETRIBUTIVE EXPUNGEMENT.
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Supplemental jurisdiction and section 1367: the case for a sympathetic textualism.
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Illusions of a spontaneous order: "norms" in contractual relationships.
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The failure of immigration appeals.
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Structure and value in the common law.
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Just health care rationing: a democratic decisionmaking approach.
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Million-dollar mountains: prices, sanctions, and the legal regulation of collective social and environmental goods.
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The puzzling divergence of corporate law: evidence and explanations from Japan and the United States.
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Immigration law's organizing principles.
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Protest, repression, and race: legal violence and the Chicano movement.
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Switching time and other thought experiments: the Hughes Court and constitutional transformation.
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Keeping the reformist spirit alive in evidence law.
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In the wake of the flood: "Like products" and cultural products after the World Trade Organization's decision in Canada Certain Measures Concerning Periodicals.
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Strung out: legal citation, The Bluebook, and the anxiety of authority.
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Classifying constructive amendment as trial or structural error.
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Banishing the bogey of incommensurability.
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Musings on the dynamics of corporate governance issues, director liability concerns, corporate control transactions, ethics, and federalism.
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THE LIVING RULES OF EVIDENCE.
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Proximate cause in Michael Moore's 'Act and Crime.' (Symposium: Act & Crime)
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Striving for justice.
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Balance-of-powers arguments, the structural constitution, and the problem of executive "underenforcement."(Symposium: The Bounds of Executive Discretion in the Regulatory State)
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Triaging appointed-counsel funding and pro se access to justice.
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Foreign sovereign immunity and comparative institutional competence.
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UNORTHODOX CIVIL PROCEDURE: MODERN MULTIDISTRICT LITIGATION'S PLACE IN THE TEXTBOOK UNDERSTANDINGS OF PROCEDURE.
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Text in contest: gender and the Constitution from a social movement perspective.
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Information issues on Wall Street 2.0.
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The niqab in the courtroom: protecting free exercise of religion in a post-Smith world.
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Culture, cognition, and consent: who perceives what, and why, in acquaintance-rape cases.
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Double jeopardy: the modern dilemma for juvenile justice.
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ELECTION 2000: POINT/COUNTERPOINT SERIES.
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Rational choice and categorical reason.
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The value of the right to exclude: an empirical assessment.
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Bad beginnings.
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Tying meets the new institutional economics: farewell to the chimera of forcing.
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Federal hate crime laws and United States v. Lopez: on a collision course to clarify jurisdictional-element analysis.
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The court should have remained silent: why the court erred in deciding Dickerson v. United States.
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Old promises: the judiciary and the future of Native American federal acknowledgment litigation.
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The case for managed judges: learning from Japan after the political upheaval of 1993.
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BLACKLISTING FOREIGN TERRORIST ORGANIZATIONS: CLASSIFIED INFORMATION, NATIONAL SECURITY, AND DUE PROCESS.
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Alternative career resolution II: changing the tenure of Supreme Court Justices.
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Absolute preferences and relative preferences in property law.
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Dangerous liaisons: criminalization of "relationship hires" under the Foreign Corrupt Practices Act.
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Information markets as games of chance.
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DETECTING MENS REA IN THE BRAIN.
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An expressive theory of contract: from feminist dilemmas to a reconceptualization of rational choice in contract law.
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A complainant-oriented approach to unconscionability and contract law.
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Treating guns like consumer products.
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INJUSTICE AT THE BORDER: APPLICATION OF THE CONSTITUTION ABROAD THROUGH THE CONFLICT OF LAWS.
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The case against shareholder empowerment.
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Rethinking summary judgment empirics: the life of the parties.
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Controlling controlling shareholders.
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Fair notice and fair adjudication: two kinds of legality.
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Shaming in corporate law.
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Forum shopping for human rights.
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An empirical study of patent litigation timing: could a patent term reduction decimate trolls without harming innovators?
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Henry Sawyer: advocate for the unpopular.
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Is the shrink's role shrinking? The ambiguity of Federal Rule of Criminal Procedure 12.2 concerning government psychiatric testimony in negativing cases.
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Special domestic violence criminal jurisdiction for Indian tribes: inherent tribal sovereignty versus defendants' complete constitutional rights.
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Law's politics.
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STOCK MARKET SHORT-TERMISM'S IMPACT.
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It's about time: a systems thinking analysis of the litigation finance industry and its effect on settlement.
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Paying for performance in bankruptcy: why CEOS should be compensated with debt.
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Commerce clause challenges to health care reform.
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NONCITIZENS' ACCESS TO FEDERAL DISTRICT COURTS: THE NARROWING OF s. 1252(b)(9) POST-JENNINGS.
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Racing to settlement: the applicability of Federal Rule of Evidence 408 to nonparty settlement communications.
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"Looking backward" to 1938.
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Time to drop the infield fly rule and end a common law anomaly.
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Parochialism and pluralism in cyberspace regulation.
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Reapportionment and party realignment in the American States.
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Facebook, Twitter, and the uncertain future of present sense impressions.
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Comment on Douglas S. Massey's 'Getting away with murder: segregation and violent crime in urban America.' (in this issue, p. 1203)(Symposium - Shaping American Communities: Segregation, Housing & the Urban Poor)
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Priority matters: absolute priority, relative priority, and the costs of bankruptcy.
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Battered women and self-defense: myths and misconceptions in current reform proposals.
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Unbundled bargains: multi-agreement dealmaking in complex mergers and acquisitions.
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Executive review in the fragmented executive: state constitutionalism and same-sex marriage.
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Policing as administration.
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BANKRUPTCY'S NEW AND OLD FRONTIERS.
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Strategy and constraints on Supreme Court opinion assignment.
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Nine takes on indeterminacy, with special emphasis on the criminal law.
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Take care that the laws be faithfully litigated.
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From the particular to the general: three federal rules and the jurisprudence of the Rehnquist and Roberts courts.
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The feminist challenge in criminal law.
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Adapting copyright for the mashup generation.
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Dynamic treaty interpretation.
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Dismantling the felony-murder rule: juvenile deterrence and retribution post-Roper v. Simmons.
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TAX LAW AS FOREIGN POLICY.
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The political economy of private legislatures.
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Ever again: legal remembrance of administrative massacre.
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COPYRIGHT AS MARKET PROSPECT.
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THE TRIANGLE OF LAW AND THE ROLE OF EVIDENCE IN CLASS ACTION LITIGATION.
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"Meaningful access" to health care and the remedies available to Medicaid managed care recipients under the ADA and the Rehabilitation Act.
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Reasonableness in and out of negligence law.
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LIBERTARIAN GUN CONTROL.
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Collective individualism: deconstructing the legal city.
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Asking the right questions: how the courts honored the separation of powers by reconsidering Miranda.
