University of Pennsylvania Law Review
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Can the states keep secrets from the federal government?
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Adaptable due process.
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SECRECY CREEP.
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SUFFICIENTLY CRIMINAL TIES: EXPANDING VAWA CRIMINAL JURISDICTION FOR INDIAN TRIBES.
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HEIR HUNTING.
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Lending light to countries lamps: a tribute to Judge Norma Levy Shapiro.
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DYNAMIC LEGISLATION.
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A complainant-oriented approach to unconscionability and contract law.
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Beyond maturity: mass tort case management in the Manual for Complex Litigation.
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THE DISABILITY COST NARRATIVE: A ROUNDTABLE DISCUSSION.
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Whistling past the site: directors' and officers' personal liability for environmental decisions and the role of liability insurance coverage.
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And then god created Kansas? The evolution/creationism debate in America's public schools.
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What to do when main street is legal again: regional land value taxation as a New Urbanist tool.
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Do the merits matter? Empirical evidence on shareholder suits from options backdating litigation.
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Policing as administration.
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Separation of powers legitimacy: an empirical inquiry into norms about executive power.
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Six unconstitutional homicide statutes: rational basis review and the problem of harsher punishment for less culpable offenders.
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Motive crimes and other minds.
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Tontine pensions.
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The inexorable radicalization of textualism.
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A public health approach to regulating firearms as consumer products.
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Localist statutory interpretation.
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Islands of conscious power: law, norms, and the self-governing corporation.
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Solving a profound flaw in fraud-on-the-market theory: utilizing a derivative of arbitrage pricing theory to measure Rule 10b-5 damages.
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Paying for long-term performance.
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Legal liability as climate change policy.
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NEW LOOK CONSTITUTIONALISM: THE COLD WAR CRITIQUE OF MILITARY MANPOWER ADMINISTRATION.(Special Issue: Administrative Constitutionalism)
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Structure and value in the common law.
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Invalidating issue preclusion: rethinking preclusion in the patent context.
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Rounding the peg to fit the hole: a proposed regulatory reform of the misappropriation theory.
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Protection from protection: section 1983 and the ADA's implications for devising a race-conscious police misconduct statute.
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Broadsheet bullies? Designated public forum and established newspapers' efforts to rid Philadelphia's public transit system of a government-sponsored competitor.
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Keynote address.
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Sentencing: a role for empathy.
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Getting away with murder: segregation and violent crime in urban America.
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Climate change, insurability of large-scale disasters, and the emerging liability challenge.
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Fraud in the new-issues market: empirical evidence on securities class actions.
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The puzzle of complete preemption.
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Corporations without labor: the politics of progressive corporate law.
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Machine learning, automated suspicion algorithms, and the Fourth Amendment.
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"A radical proposal": the Multidistrict Litigation Act of 1968.
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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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Simplicity at the cost of clarity: appellate review of claim construction and the failed promise of Cybor.
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Helping buyers beware: the need for supervision of big retail.
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The Class Action Fairness Act in perspective: the old and the new in federal jurisdictional reform.
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THE PAST AND FUTURE OF PROCEDURE SCHOLARSHIP.
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How should punitive damages work?
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Protest, repression, and race: legal violence and the Chicano movement.
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THREE MODELS OF ADJUDICATIVE REPRESENTATION.
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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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Genotype discrimination: the complex case for some legislative protection.
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Guantanamo and the conflict of laws: Rasul and beyond.
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UNIVERSITY of PENNSYLVANIA LAW REVIEW.
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Reuniting 'is' and 'ought' in empirical legal scholarship.
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Assessing Chief Justice William Rehnquist.
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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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Arbitration's suspect status.
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RECALIBRATING SECTION 220.(Delaware General Corporation Law)
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International consensus as persuasive authority in the Eighth Amendment.
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Default rules, wealth distribution, and corporate law reform: employment at will versus job security.
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THE OFFICE OF THE CHIEF CIRCUIT JUDGE.
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Quasi-property: like, but not quite property.
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Tribute to the Honorable Edward R. Becker.
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Comparison and the justification of choice.
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A game theoretic analysis of alternative institutions for regulatory cost-benefit analysis.
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Timing and form of federal regulation: the case of climate change.
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EXPLORING THE INTERPRETATION AND APPLICATION OF PROCEDURAL RULES: THE PROBLEM OF IMPLICIT AND INSTITUTIONAL RACIAL BIAS.
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Rethinking the cooperation clause in standard liability insurance contracts.
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Not since Thomas Jefferson dined alone: for Geoff Hazard at eighty.
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NINO'S PARADOX.
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SOMETHING LESS AND SOMETHING MORE: MDL'S ROOTS AS A CLASS ACTION ALTERNATIVE.
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REVIEWING REFUSAL: LETHAL INJECTION, THE FDA, AND THE COURTS.
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Let the hackers hack: allowing the reverse engineering of copyrighted computer programs to achieve compatibility.
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Exorcising McCulloch: the conflict-ridden history of American banking nationalism and Dodd-Frank preemption.
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Understanding patent-quality mechanisms.
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NATIONAL PARKS, INCORPORATED.
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Ethics matters, too: the significance of professional regulation of attorney fees and costs in mass tort litigation.
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Governance property.
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Supplemental jurisdiction and section 1367: the case for a sympathetic textualism.
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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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Delay in considering the constitutionality of inordinate delay: the death row phenomenon and the Eighth Amendment.
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The NCAA as state actor: Tarkanian, Brentwood, and due process.
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Jurisdiction and the federal rules: why the time has come to reform finality by inequitable deadlines.
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Health insurance reform and intimations of citizenship.
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Advertising and a democratic press.
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Unilateral settlements and retroactive transfers: a problem of copyright co-ownership.
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The property strategy.
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A DOCTRINE WITHOUT EXCEPTION: CRITIQUING AN IMMIGRATION EXCEPTION TO THE ANTICOMMANDEERING RULE.
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Can utilitarianism justify legal rights with moral force?
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The architecture of bias: deep structures in tort law.
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More on 'Act and Crime.' (Symposium: Act & Crime)
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The new civil death: rethinking punishment in the era of mass conviction.
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REFLECTIONS ON THE NEXUS OF PROCEDURE AND HISTORY: THE EXAMPLE OF MODERN AMERICAN ARBITRATION.
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Trust, trustworthiness, and the behavioral foundations of corporate law.
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Editorial and Subscription Policies.
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RESTORATION, RETRIBUTION, AND SEXUAL ASSAULT: THE VALUE OF APOLOGIES.
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INTEREST-BASED INCORPORATION: STATUTORY REALISM EXPLORING FEDERALISM, DELEGATION, AND DEMOCRATIC DESIGN.
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In the beginning: the first three Chief Justices.
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Action and crime: a fine-grained approach.
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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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When should discovery come with a bill? Assessing cost shifting for electronic discovery.
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PANDORA'S DIGITAL BOX: THE PROMISE AND PERILS OF DIGITAL WALLETS.
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Deciding by default.
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Unraveling the patent-antitrust paradox.
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Keeping the reformist spirit alive in evidence law.
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Something to talk about: information exchange under employment law.
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From the greenhouse to the poorhouse: carbon-emissions control and the rules of legislative joinder.
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THE NUCLEAR OPTION: WHAT CAN STATES DO TO ENCOURAGE CLEAN ENERGY AFTER HUGHES AND EPSA?
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Adapting copyright for the mashup generation.
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Incommensurability, welfare economics, and the law.
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Political accountability in health care rationing: in search of a new Jerusalem.
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May contain: allergen labeling regulations.
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The economics of the law of criminal attempts: a victim-centered perspective.
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Section 363(b) restructuring meets the sound business purpose test with bite: an opportunity to rebalance the competing interests of bankruptcy law.
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Enforceable rights, No Child Left Behind, and political patriotism: a case for open-minded section 1983 jurisprudence.
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'n' guilty men.
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The conditions of pretrial detention.
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Technology and uncertainty: the shaping effect on copyright law.
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Growing pains in the administrative state: the Patent Office's troubled quest for managerial control.
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Do class action lawyers make too little?
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REQUISITE REALIGNMENT: AFFIRMATIVE ACTION, ASIAN AMERICANS, AND THE BLACK-WHITE BINARY.
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Responding to a democratic deficit: limiting the powers and the term of the Chief Justice of the United States.
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Asking the right questions: how the courts honored the separation of powers by reconsidering Miranda.
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CAFA settlement notice provision: optimal regulatory policy?
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THE TRIANGLE OF LAW AND THE ROLE OF EVIDENCE IN CLASS ACTION LITIGATION.
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Commentary on the futures problem, by Geoffrey C. Hazard, Jr.
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Foreign sovereign immunity and comparative institutional competence.
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War torts: accountability for autonomous weapons.
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On the obligation of the state to extend a right of self-defense to its citizens.
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Provisionally permanent? Keeping temporary custody orders temporary under the Hague Convention on International Child Abduction.
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A Thirteenth Amendment defense of the Violence Against Women Act.
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Criminal law in cyberspace.
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The internal powers of the Chief Justice: the nineteenth-century legacy.
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The case for managed judges: learning from Japan after the political upheaval of 1993.
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A proposal for the indexation of debt for inflation.
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A reaffirmation: the authenticity of the Roberts memorandum, or Felix the non-forger.
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Proposing a transactional approach to civil forfeiture reform.
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A response to sex trafficking Chicago style: follow the sisters, speak out.
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The most knowledgeable branch.
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Trial distortion and the end of innocence in federal criminal justice.
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Double jeopardy: the modern dilemma for juvenile justice.
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FOREWORD: CAUSES AND LIMITS OF PESSIMISM.
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Corporate constitutionalism: antitakeover charter provisions as precommitment.
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Role models and the politics of recognition.
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Shaming in corporate law.
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Rescuing trafficking from ideological capture: prostitution reform and anti-trafficking law and policy.
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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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Investor participation in initial public offerings.
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Beyond the international harmonization of trademark law: the community trade mark as a model of unitary transnational trademark protection.
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The cost of closure: a reexamination of the theory and practice of the 1996 amendments to the Foreign Sovereign Immunities Act.
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Trampling the "marketplace of ideas": the case against extending Hazelwood to college campuses.
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International and U.S. obligation toward stowaway asylum seekers.
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A response to Professor Resnick: Will this vehicle pass inspection?
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DEFENDING ESG: A NEW STANDARD OF REVIEW FOR DEFENSIVE MEASURES THAT IMPACT ESG RATINGS.
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An historical analysis of the binding effect of class suits.
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The President and the detainees.
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RACE IN CONTRACT LAW.
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Aggregation and settlement of mass torts.
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OUR PRINCIPLED CONSTITUTION.
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THE PAST IS ALWAYS CHANGING: A STORY IN THREE PARTS.
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Legal realism and legal doctrine.
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Is risk a harm?
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The constitutionality of international courts: the forgotten precedent of slave-trade tribunals.
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Searching secrets.
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Factual precedents.
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The individual mandate, sovereignty, and the ends of good government: a reply to Professor Randy Barnett.
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Counsels, councils and lunch: preventing abuse of the power to appoint independent counsels.
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Desperately seeking numbers: global warming, species loss, and the use and abuse of quantification in climate change policy analysis.
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The PTO and the market for influence in patent law.
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THE BANKRUPTCY PARTITION.
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Bankruptcy as a vehicle for resolving enterprise-threatening mass tort liability.
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Getting their due (process): parents and lawyers in special education due process hearings in Pennsylvania.
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Norms and the theory of the firm.
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Keeping charity in charitable trust law: the Barnes Foundation and the case for consideration of public interest in administration of charitable trusts.
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Natural preservation and the race to develop.
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An economic analysis of the fair use defense.
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Preserving facts, form, and function when a deaf witness with minimal language skills testifies in court.
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The donor class: campaign finance, democracy, and participation.
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Behaviorial international law.
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The new value exception to the absolute priority rule after In re 203 N. Lasalle Street Partnership: what should bankruptcy courts do, and how can congress help?
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SIMILAR SECRETS.
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Realism and revolution in conflict of laws: in with a bang and out with a whimper.
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Class action notice in the digital age.
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Advocacy group boycotting of network television advertisers and its effects on programming content.
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T-TIP NEGOTIATIONS ROUND TWO: AN OPPORTUNITY TO REDIRECT THE TRAJECTORY OF INTERNATIONAL INVESTMENT LAW.(proposed Transatlantic Trade and Investment Partnership Agreement)
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Switching time and other thought experiments: the Hughes Court and constitutional transformation.
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Trust and online interaction.
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The meaning of "general laws": the extent of Congress's power under the Full Faith and Credit Clause and the constitutionality of the Defense of Marriage Act.
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Dynamic treaty interpretation.
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Rational choice and categorical reason.
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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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From the particular to the general: three federal rules and the jurisprudence of the Rehnquist and Roberts courts.
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A MUNICIPAL SPEECH CLAIM AGAINST BODY CAMERA VIDEO RESTRICTIONS.
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Tender justice: Judge Norma Levy Shapiro's hard-headed humanity.
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Confusing the means for the ends: how a pro-settlement policy risks undermining the aims of Title VII.
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Do you have to keep the government's secrets? Retroactively classified documents, the First Amendment, and the power to make secrets out of the public record.
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The failed case for Eighth Amendment regulation of the capital-sentencing trial.
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The bias of American politics: rationing health care in a weak state.
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Reinventing discovery: patent law's characterizations of and interventions upon science.
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Judicial campaign codes after Republican party of Minnesota v. White.
