University of Pennsylvania Law Review - 2012
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Can the states keep secrets from the federal government?
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Adaptable due process.
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The property strategy.
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Triaging appointed-counsel funding and pro se access to justice.
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Proportionality and parole.
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Information issues on Wall Street 2.0.
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Absolute preferences and relative preferences in property law.
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Strict liability and negligence in property theory.
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Facebook, Twitter, and the uncertain future of present sense impressions.
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Quasi-property: like, but not quite property.
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Leaving the bench, 1970-2009: the choices federal judges make, what influences those choices, and their consequences.
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Managing the urban commons.
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On the economy of concepts in property.
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Allocating the costs of harm to whom they are due: modifying the collateral source rule after health care reform.
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Getting more by asking less: justifying and reforming tax law's offer-in-compromise procedure.
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Prison vouchers.
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Beyond Coase: emerging technologies and property theory.
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On competence, legitimacy, and proportionality.
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Freedom for the press as an industry, or for the press as a technology? From the framing to today.
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Lumpy property.
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Take care that the laws be faithfully litigated.
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Sentencing guidelines at the crossroads of politics and expertise.
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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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Sentencing: a role for empathy.
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All alone in arbitration: AT&T Mobility v. Concepcion and the substantive impact of class action waivers.
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Chevron Corp. v. Berlinger and the future of the journalists' privilege for documentary filmmakers.
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Governing through owners: how and why formal private property rights enhance state power.
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Codifying custom.
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Redistricting and the territorial community.
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Can the states keep secrets from the federal government?
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Congress's Constitution.
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Governance property.
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Searching secrets.
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The new civil death: rethinking punishment in the era of mass conviction.
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Toward a constitutional Chevron: lessons from Rapanos.
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Booker rules.
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Take care that the laws be faithfully litigated.
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When 10 trials are better than 1000: an evidentiary perspective on trial sampling.
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Leaving the bench, 1970-2009: the choices federal judges make, what influences those choices, and their consequences.
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Information issues on Wall Street 2.0.
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Leaving the bench, 1970-2009: the choices federal judges make, what influences those choices, and their consequences.
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Construing Crane: examining how state courts have applied its lack-of-control standard.
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Tailoring discovery: using nontranssubstantive rules to reduce waste and abuse.
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Pills and partisans: understanding takeover defenses.
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Why proportionality matters.
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Can the states keep secrets from the federal government?
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Navigating a legal dilemma: a student's right to legal counsel in disciplinary hearings for criminal misbehavior.
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Making sense of Section 2: of biased votes, unconstitutional elections, and common law statutes.
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Take care that the laws be faithfully litigated.
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The case for imperfect enforcement of property rights.
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To copy or not to copy, that is the question: the game theory approach to protecting fashion designs.
