University of Pennsylvania Law Review
- REFLECTIONS ON THE NEXUS OF PROCEDURE AND HISTORY: THE EXAMPLE OF MODERN AMERICAN ARBITRATION.
- Trust, trustworthiness, and the behavioral foundations of corporate law.
- ILLIBERAL LAW IN AMERICAN COURTS.
- Gone broke: sovereign debt, personal bankruptcy, and a comprehensive contractual solution.
- The donor class: campaign finance, democracy, and participation.
- HOW RELATIONAL CONTRACTING CAN ADDRESS MEDICAID LONG-TERM CARE'S ACCOUNTABILITY CRISIS.
- Climate change and international human rights litigation: a critical appraisal.
- How corporate governance is made: the case of the golden leash.
- Geoffrey C. Hazard, Jr.: director exemplar of the American Law Institute.
- STATE ANTI-DOXING STATUTES AND #METOO.
- Combining deliberation and fair representation in community health decisions.
- Structuring judicial review of electoral mechanics: explanations and opportunities.
- Algorithms and speech.
- ADMINISTRATIVE CONSTITUTIONALISM AND THE NORTHWEST ORDINANCE.
- Growing pains in the administrative state: the Patent Office's troubled quest for managerial control.
- Federalism, regulatory lags, and the political economy of energy production.
- PRIVATIZATION, PUBLIC COMMONS, AND THE TAKINGSIFICATION OF ENVIRONMENTAL LAW.
- Back to the futures: privatizing future claims resolution.
- Restoring health to health reform: integrating medicine and public health to advance the population's well-being.
- Genophobia: what is wrong with genetic discrimination?
- SUBSTANCE AND PROCEDURE IN LOCAL ADMINISTRATIVE LAW.
- Expanding the scope of the Hatch-Waxman Act's patent carve-out exception to the identical drug labeling requirement: closing the patent litigation loophole.
- Interest analysis in interjurisdictional marriage disputes.
- Deciding by default.
- Bad beginnings.
- Does incommensurability matter? Incommensurability and public policy.
- How should punitive damages work?
- The domain of preference.
- Take care that the laws be faithfully litigated.
- ESTIMATION EVIDENCE.
- PROBLEMATIC PRESUMPTIONS: WHY THE CURRENT STATE OF FELON-IN-POSSESSION LAW RISKS PUNISHING THE INNOCENT.
- On the economy of concepts in property.
- THE PAST AND FUTURE OF PROCEDURE SCHOLARSHIP.
- LAW AND COURTS IN AN AGE OF DEBT.(corporate finance)
- An empirical study of U.S. copyright fair use opinions, 1978-2005.
- THE AMBITIONS OF HISTORY AND TRADITION IN AND BEYOND THE SECOND AMENDMENT.
- The case for imperfect enforcement of property rights.
- The "essential relationship" spectrum: a framework for addressing choice of procedural law in the federal circuit.
- International tribunals: a rational choice analysis.
- Suboptimal social science and judicial precedent.
- 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)
- Do the merits matter? Empirical evidence on shareholder suits from options backdating litigation.
- Climate change, insurability of large-scale disasters, and the emerging liability challenge.
- TAXING THE GIG ECONOMY.
- A national study of access to counsel in immigration court.
- Can the states keep secrets from the federal government?
- Bureaucracy at the boundary.
- Machine learning, automated suspicion algorithms, and the Fourth Amendment.
- SYSTEMIC FAILURE TO APPEAR IN COURT.(Pennsylvania)
- ANTI-SLAPP STATUTES AND THE FEDERAL RULES: WHY PREEMPTION ANALYSIS SHOWS THEY SHOULD APPLY IN FEDERAL DIVERSITY SUITS.
- Accountable algorithms.
- UNIVERSITY SCHOLARSHIPS IN THE SHADOW OF SFFA.(Rabiebna v. Higher Educational Aids Board)
- COMBATTING CORPORATE TOKENISM: THE ROLE OF SHAREHOLDER DERIVATIVE LITIGATION IN BOARD AND EXECUTIVE-LEVEL DIVERSIFICATION EFFORTS.
- RULEMAKING'S SECOND FOUNDING.
- Scaling the wall and running the mile: the role of physical-selection procedures in the disparate impact narrative.
- THE PARENT TRAP: REBALANCING PARALLEL ENFORCEMENT BETWEEN CHILD PROTECTIVE SERVICES AND LAW ENFORCEMENT.
- A constitutional analysis of Kendra's Law: New York's solution for treatment of the chronically mentally ill.
- Sovereign debt restructuring: statutory reform or contractual solution?
- How to avoid implementing today's wrong policies to solve yesterday's corporate governance problems.(response to articles in this issue, p. 1773 and 1907)
- Corporate control transactions.
- PERMISSIVE INTERPRETATION.
- THE BANKRUPTCY PARTITION.
- Keeping charity in charitable trust law: the Barnes Foundation and the case for consideration of public interest in administration of charitable trusts.
- Comments on Alex M. Johnson, Jr.'s 'Destabilizing race.' (in this issue, p. 1595)(Symposium - Shaping American Communities: Segregation, Housing & the Urban Poor)
- The competence of students as editors of law reviews: a response to Judge Posner.
- A game theoretic analysis of alternative institutions for regulatory cost-benefit analysis.
- Helping buyers beware: the need for supervision of big retail.(II. Firms Systematically Charge Anticompetitive Prices B. Potential Market Constraints on Supracompetitive Pricing 3. Protection by Sophisticated Shoppers through Conclusion, with footnotes, p. 1351-1392)
- Counsels, councils and lunch: preventing abuse of the power to appoint independent counsels.
- Nonrivalry and price discrimination in copyright economics.
- END TO "UNINCORPORATED TERRITORY": THE PSEUDONYM FOR PUERTO RICO'S SECOND-CLASS CITIZENSHIP.
- A dose of reality for specialized courts: lessons from the VICP.
- Editorial and Subscription Policies.
- Rescuing trafficking from ideological capture: prostitution reform and anti-trafficking law and policy.
- Reuniting 'is' and 'ought' in empirical legal scholarship.
- Managing the urban commons.
- Protest, repression, and race: legal violence and the Chicano movement.
- Assessing Chief Justice William Rehnquist.
- Expressive theories of law: a skeptical overview.
- The failure of immigration appeals.
- MAJOR QUESTIONS ABOUT INTERNATIONAL AGREEMENTS.
- You can't sell your firm and own it too: disallowing dual-class stock companies from listing on the securities exchanges.
- From "publish or perish" to "profit or perish": revenues from university technology transfer and the s. 501(c)(3) tax exemption.
- Sunlight, secrets, and scarlet letters: the tension between privacy and disclosure in constitutional law.
- The fourth era of American civil procedure.(Introduction through II. Deconstructing the Fourth Era B. Case Management as a Solution, p. 1839-1867)
- The Case of the Prisoners and the origins of judicial review.
- BANKRUPTCY'S NEW AND OLD FRONTIERS.
- On the expressive function of law.
- Rounding the peg to fit the hole: a proposed regulatory reform of the misappropriation theory.
- Action and crime: a fine-grained approach.
- Law, incommensurability, and conceptually sequenced argument.
- Values versus interests in the explanation of social conflict.
- THE EXCEPTION IS THE RULE: THE ROLE OF SECURITY CLEARANCES IN EMPLOYMENT DISCRIMINATION.
- Exorcising McCulloch: the conflict-ridden history of American banking nationalism and Dodd-Frank preemption.
- State law, the Westfall Act, and the nature of the Bivens question.
- JUVENILE DUE PROCESS: APPLYING CONTRACT PRINCIPLES TO ENSURE VOLUNTARY CRIMINAL CONFESSIONS.
- The shareholder wealth maximization norm and industrial organization.
- The First Amendment gone awry: City of Erie v. Pap's A.M., ailing analytical structures, and the supression of protected expression.
- THE PRESIDENT'S AUTHORITY OVER CROSS-BORDER DATA FLOWS.
- IPO liability and entrepreneurial response.
- Government as the crucible for free market health care: regulation, reimbursement, and reform.
- Litigating Article III standing: a proposed solution to the serious (but unrecognized) separation of powers problem.
- Dynamic Statutory Interpretation.
- Keeping women out of the executive suite: the courts' failure to apply Title VII scrutiny to upper-level jobs.
- Will tax reform be stable?
- NEW LOOK CONSTITUTIONALISM: THE COLD WAR CRITIQUE OF MILITARY MANPOWER ADMINISTRATION.(Special Issue: Administrative Constitutionalism)
- The inexorable radicalization of textualism.
- On being a religious professional: the religious turn in professional ethics.
- Rethinking the regulation of securities intermediaries.
- YOU SHOULD SEE "THE OTHER PERSON": REDACTED CODEFENDANT CONFESSIONS IN LIGHT OF SAMIA V. UNITED STATES.
- Preventing dilution of the Federal Trademark Dilution Act of 1995: why the FTDA requires actual economic harm.
- The heroic nature of tax lawyers.
- Comity be damned: the use of antisuit injunctions against the courts of a foreign nation.
- Rodrigo's ninth chronicle: race, legal instrumentalism, and the rule of law.
- Islands of conscious power: law, norms, and the self-governing corporation.
- THE DICHOTOMOUS TREATMENT OF EFFICIENCIES IN HORIZONTAL MERGERS: TOO MUCH? TOO LITTLE? GETTING IT RIGHT?
- Magic on the frontier: the norm of efficiency.
- Property outlaws.
- Fence posts or sign posts? Rethinking patent claim construction.
- Buckley is dead, long live Buckley: the new campaign finance incoherence of McConnell v. Federal Election Commission.
- Comparative convergences in pleading standards.
- DEFERRING TO FOREIGN COURTS.
- Special domestic violence criminal jurisdiction for Indian tribes: inherent tribal sovereignty versus defendants' complete constitutional rights.
- A reaffirmation: the authenticity of the Roberts memorandum, or Felix the non-forger.
- THE NUCLEAR OPTION: WHAT CAN STATES DO TO ENCOURAGE CLEAN ENERGY AFTER HUGHES AND EPSA?
- The media that citizens need.
- Attorneys' fees in a loser-pays system.
- Poverty law and community activism: notes from a law school clinic.
- Passing through the door: social movement literature and legal scholarship.
- Unilateral settlements and retroactive transfers: a problem of copyright co-ownership.
- The failure of immigration appeals.
- Is the Federal Circuit succeeding? An empirical assessment of judicial performance.
- The property strategy.
- Reconceptualizing criminal law defenses.
- A DOCTRINE WITHOUT EXCEPTION: CRITIQUING AN IMMIGRATION EXCEPTION TO THE ANTICOMMANDEERING RULE.
- Max Rosenn: an ideal appellate judge.
- The condom controversy in the public schools: respecting a minor's right of privacy.
- Incommensurability: truth or consequences.
- Assessing CAFA's stated jurisdictional policy.
- Institutions and indirectness in intellectual property.
- From health care law to the social determinants of health: a public health law research perspective.
- Searching secrets.
- The internal powers of the Chief Justice: the nineteenth-century legacy.
- Moore on intention and volition.
- Arbitration's suspect status.
- "VITAL" STATE INTERESTS: FROM REPRESENTATIVE ACTIONS FOR FAIR LABOR STANDARDS TO POOLED TRUSTS, CLASS ACTIONS, AND MDLS IN THE FEDERAL COURTS.
- VEIL PEEKING: THE CORPORATION AS A NEXUS FOR REGULATION.
- Insider trading via the corporation.
- Something to talk about: information exchange under employment law.
- The President and the detainees.
- The no-retraction principle and the morality of negotiations.
- Reconstructing the establishment clause: the case against discretionary accommodation of religion.
- Dialogic federalism: constitutional possibilities for incorporation of human rights law in the United States.
- Structure and value in the common law.
- Aggregation and settlement of mass torts.
- CATCH RULE 22: WHEN INTERPLEADER ACTIONS VIOLATE STATUTORY AND CONSTITUTIONAL DIVERSITY JURISDICTION REQUIREMENTS.
- Lasting legislation.
- Not since Thomas Jefferson dined alone: for Geoff Hazard at eighty.
- REMOVING BARRIERS TO STATE TAX INCENTIVE REFORM.
- Escaping battered credit: a proposal for repairing credit reports damaged by domestic violence.
- The criminal class action.
- Unregulable defenses and the perils of shareholder choice.
- NINO'S PARADOX.
- Can judges ignore inadmissible information? The difficulty of deliberately disregarding.
- REVIEWING REFUSAL: LETHAL INJECTION, THE FDA, AND THE COURTS.
- Let the hackers hack: allowing the reverse engineering of copyrighted computer programs to achieve compatibility.
- THE PAST AND PERSISTENCE OF PRIVATE PROSECUTION.
- Protocol layering and Internet policy.
- Expressive theories of law: a general restatement.
- WHAT IS HABEAS?
- Can utilitarianism justify legal rights with moral force?
- The architecture of bias: deep structures in tort law.
- Is libel law worth reforming?
- Lending light to countries lamps: a tribute to Judge Norma Levy Shapiro.
- A wise man of the law.
- Treating guns like consumer products.
- THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19.
- Implicit redefinitions, evidentiary proscriptions, and guilty minds: intoxicated wrongdoers.
- Standing outside of Article III.
- THE SWEEP AND FORCE OF SECTION THREE.(14th Amendment)
- Trampling the "marketplace of ideas": the case against extending Hazelwood to college campuses.
- NEGOTIATING LEGITIMACY: AN EVALUATION OF THE NEGOTIATION CLASS PROPOSAL.(response to Francis E. McGovern and William B. Rubenstein, Texas Law Review, vol. 99, p. 73, 2020)
- The assumption of risk defense and the sexual transmission of AIDS: a proposal for the application of comparative knowledge.
- Cartels by another name: should licensed occupations face antitrust scrutiny?
- Can the battle be won? Compaq, the sham transaction doctrine, and a critique of proposals to combat the corporate tax shelter dragon.
- SIMILAR SECRETS.
- An inconvenient truth: how forum non conveniens doctrine allows defendants to escape state court jurisdiction.
- CONTROL AND ITS DISCONTENTS.(controlling shareholders)(Delaware)
- PERSISTING SOVEREIGNTIES.
- Selling state borders.
- Proximate cause in Michael Moore's 'Act and Crime.' (Symposium: Act & Crime)
- INTEREST-BASED INCORPORATION: STATUTORY REALISM EXPLORING FEDERALISM, DELEGATION, AND DEMOCRATIC DESIGN.
- Consumer expectations and access to health care: a commentary.
- Running the gamut from A to B: federal trademark and false advertising law.
- Consent is not enough: why states must respect the intensity threshold in transnational conflict.
- NONCITIZENS' ACCESS TO FEDERAL DISTRICT COURTS: THE NARROWING OF s. 1252(b)(9) POST-JENNINGS.
- What to do when main street is legal again: regional land value taxation as a New Urbanist tool.
- Corporations without labor: the politics of progressive corporate law.
- "Ideology" or "situation sense"? An experimental investigation of motivated reasoning and professional judgment.
- After Bridgeman: copyright, museums, and public domain works of art.
- Party autonomy and two-party electoral competition.