University of Pennsylvania Law Review - 2000
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A response To Professor Cooper.
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The emergence of self-directed work teams and their effect on Title VII law.
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Subverting the American dream: government dictated "smart growth" is unwise and unconstitutional.
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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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Reflections on urban sprawl, smart growth, and the Fifth Amendment.
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INTRODUCTION.
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Treating guns like consumer products.
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A response to Professor Resnick: Will this vehicle pass inspection?
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Beyond maturity: mass tort case management in the Manual for Complex Litigation.
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Money matters: judicial market interventions creating subsidies and awarding fees and costs in individual and aggregate litigation.
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Aggregation and settlement of mass torts.
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A riff on fair use in the Digital Millennium Copyright Act.
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Thoughts about Professor Resnik's paper.
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Linguistic meaning, nonlinguistic "expression," and the multiple variants of expressivism: a reply to Professors Anderson and Pildes.
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Tribute to Leo Levin.
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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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ELECTION 2000: POINT/COUNTERPOINT SERIES.
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Treaties, human rights, and conditional consent.
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Back to the futures: privatizing future claims resolution.
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Bankruptcy as a vehicle for resolving enterprise-threatening mass tort liability.
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An economic analysis of the fair use defense.
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Asking the right questions: how the courts honored the separation of powers by reconsidering Miranda.
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What to do with the sheep in wolf's clothing: the role of rhetoric and reality about youth offenders in the constructive dismantling of the juvenile justice system.
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FOREWORD: CAUSES AND LIMITS OF PESSIMISM.
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Federalism and mass tort litigation.
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Unchecked presidential wars.
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The futures problem.
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Are international capital adequacy rules adequate? The Basle Accord and beyond.
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The court should have remained silent: why the court erred in deciding Dickerson v. United States.
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Law's politics.
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A public health approach to regulating firearms as consumer products.
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A response to Professor Francis E. McGovern's paper entitled Toward a cooperative strategy for federal and state judges in mass tort litigation.
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Replacing independent counsels with congressional investigations.
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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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Reconnecting doctrine and purpose: a comprehensive approach to strict scrutiny after Adarand and Shaw.
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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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Toward a cooperative strategy for federal and state judges in mass tort litigation.
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Expressive theories of law: a general restatement.
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The dark side of efficiency: Johnson v. M'Intosh and the expropriation of American Indian lands.
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Kosovo, war powers, and the multilateral future.
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A new copyright order: why national courts should create global norms.
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Expressive theories of law: a skeptical overview.
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Commentary on the futures problem, by Geoffrey C. Hazard, Jr.
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The prospective effects of modifying existing law to accommodate preemptive self-defense by battered women.
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The influence of amicus curiae briefs on the Supreme Court.
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Benign neglect reconsidered.
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What's the bid deal? Can the Grand Central Business Improvement District serve a special limited purpose?
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The one-Congress fiction in statutory interpretation.
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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.
