University of Pennsylvania Law Review - 2008
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- Dynamic incorporation of foreign law.
- International tribunals: a rational choice analysis.
- Successor liability under CERCLA: it's time to fully embrace state law.
- Federal jurisdiction and due process in the era of the nationwide class action.
- Dismantling the felony-murder rule: juvenile deterrence and retribution post-Roper v. Simmons.
- The Class Action Fairness Act in perspective: the old and the new in federal jurisdictional reform.
- Laboratories of destitution: democratic experimentalism and the failure of antipoverty law.
- Assessing CAFA's stated jurisdictional policy.
- CAFA settlement notice provision: optimal regulatory policy?
- Has the Erie doctrine been repealed by Congress?
- Making credit safer.
- Indigenous peoples' courts: egalitarian juridical pluralism, self-determination, and the United Nations declaration on the rights of indigenous peoples.
- Constitutional showdowns.
- Integrating accommodation.
- Jurisdiction and the federal rules: why the time has come to reform finality by inequitable deadlines.
- Immigration law's organizing principles.
- Punishing the innocent.
- Saving lives through administrative law and economics.
- The impact of the Class Action Fairness Act on the federal courts: an empirical analysis of filings and removals.
- Procedure, politics, prediction, and professors: a response to professors Burbank and Purcell.
- Equity and debt decoupling and empty voting II: importance and extensions.
- CAFA's impact on class action lawyers.
- Deadlines in administrative law.
- Relational tax planning under risk-based rules.
- Commentary on class settlements under attack.
- The role of choice of law in national class actions.
- The Class Action Fairness Act of 2005 in historical context: a preliminary view.
- Federal hate crime laws and United States v. Lopez: on a collision course to clarify jurisdictional-element analysis.
- Two conceptions of emotion in risk regulation.
- The rights of others: protection and advocacy organizations' associational standing to sue.
- Lessons in federalism from the 1960s class action rule and the 2005 Class Action Fairness Act: "the political safeguards" of aggregate translocal actions.
- Mapping the limits of repatriable cultural heritage: a case study of stolen Flemish art in French museums.
- Assessing the proper relationship between the Alien Tort Statute and the Torture Victim Protection Act.
- Excluding religion.
- Flashback to the Federal Analog Act of 1986: mixing rules and standards in the Cauldron.
- Overruling Erie: nationwide class actions and national common law.
- CAFA judicata: a tale of waste and politics.
- Class settlements under attack.
- Stacking the deck: futility and the exhaustion provision of the Prison Litigation Reform Act.
- An empirical study of U.S. copyright fair use opinions, 1978-2005.