University of Pennsylvania Law Review - 2004
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The case against vicarious jurisdiction.
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Double jeopardy: the modern dilemma for juvenile justice.
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The donor class: campaign finance, democracy, and participation.
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Democracy in the wake of the California recall.
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Is the Federal Circuit succeeding? An empirical assessment of judicial performance.
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The law of democracy.
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Resurrecting the white primary.
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Case studies, counterfactuals, and causal explanations.
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False campaign speech and the First Amendment.
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Where to draw the line? Judicial review of political gerrymanders.
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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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Investment, information, and promissory liability.
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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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Countermajoritarian hero or zero? Rethinking the Warren Court's role in the criminal procedure revolution.
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Alaska gives Ninth Circuit the cold shoulder: conflicts in campaign finance jurisprudence.
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Contracts - only with consent.
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Reapportionment and party realignment in the American States.
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War everywhere: rights, national security law, and the law of armed conflict in the age of terror.
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Dworkin, precedent, confidence, and Roe v. Wade.
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Lost in the political thicket: the court, election law, and the doctrinal interregnum.
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Jealous guardians in the psychedelic kingdom: federal regulation of electricity contracts in bankruptcy.
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Mutual assent versus gradual ascent: the debate over the right to retract.
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The no-retraction principle and the morality of negotiations.
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Sovereign debt restructuring: statutory reform or contractual solution?
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Got theory?
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A critique of the strict liability standard for determining child support in cases of male victims of sexual assault and statutory rape.
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The role of the court in balancing contractual freedom with the need for mandatory constraints on opportunistic and abusive conduct in the LLC.
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Cross-border judgments and the public policy exception: solving the foreign judgment quandary by way of tribal courts.
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Latinos, Anglos, voters, candidates, and voting rights.
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Commercialization of the state university: why the Intellectual Property Protection Restoration Act of 2003 is necessary.
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Same struggle, different difference: ADA accommodations as antidiscrimination.
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Judicial campaign codes after Republican party of Minnesota v. White.
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When "the pols make the calls": McConnell's theory of judicial deference in the twilight of Buckley.
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Perceptions of corruption and campaign finance: when public opinion determines constitutional law.
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Vanguard states, laggard states: federalism and constitutional rights.
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The emerging circuit split over secondary meaning in trade dress law.
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Shifting sands: the limits of science in setting risk standards.
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Contracts without consent: exploring a new basis for contractual liability.