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