University of Pennsylvania Law Review - 1998
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Million-dollar mountains: prices, sanctions, and the legal regulation of collective social and environmental goods.
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Dynamic treaty interpretation.
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Faces in the courtroom.
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The commoning of the common law: the Renaissance debate over printing English law, 1520-1640.
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Incommensurable goods, rightful lies, and the wrongness of fraud.
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Postmodern censorship revisited: a reply to Richard Delgado.
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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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Incommensurable choices and the problem of moral ignorance.
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A Thirteenth Amendment defense of the Violence Against Women Act.
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Dealing with incommensurability for dessert and desert: comments on Chapman and Katz.
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An historical analysis of the binding effect of class suits.
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The inefficiency of the no-duty-to-rescue rule and a proposed 'similar risk' alternative.
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No best answer?
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Incommensurability and cost-benefit analysis.
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Forum shopping for arbitration decisions: federal courts' use of antisuit injunctions against state courts.
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Impeaching the President.
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Are hate-speech rules constitutional heresy? A reply to Steven Gey.
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Instrumental commensurability.
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In vitro fertilization and the right to procreate: the right to no.
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Formulating international tax laws in the age of electronic commerce: the possible ascendancy of residence-based taxation in an era of eroding traditional income tax principles.
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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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Default rules, wealth distribution, and corporate law reform: employment at will versus job security.
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Comity be damned: the use of antisuit injunctions against the courts of a foreign nation.
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The parol evidence rule, the plain meaning rule, and the principles of contractual interpretation.
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Does incommensurability matter? Incommensurability and public policy.
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The failed case for Eighth Amendment regulation of the capital-sentencing trial.
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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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Banishing the bogey of incommensurability.
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Dangers of monetary commensurability: a psychological game model of contagion.
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Secular idolatry and sacred traditions: a critique of the Supreme Court's secularization analysis.
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Law, incommensurability, and conceptually sequenced argument.
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Incommensurability, welfare economics, and the law.
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Six of one is not a dozen of the other: the size of state criminal juries.
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Incommensurability: truth or consequences.
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The strategic basis of principled behavior: a critique of the incommensurability thesis.
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The sedimentary Constitution.
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Law, incommensurability, and expression.
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Saving Overton Park: A comment on environmental values.
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Deontology, governmental action, and the distributive exemption: how the trolley problem shapes the relationship between rights and policy.
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The media that citizens need.
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What's a constitution among friends? - Unbalancing Article III.
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The architecture of bias: deep structures in tort law.
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The moral of MacPherson.
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Comparison and the justification of choice.
