University of Pennsylvania Law Review - 2014
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The function of Article V.(Abstract through II. The Function of Article V in the Early Republic A. The Constitution as a Long-Term Relational Contract 1. Two Views of Constitutions as Contracts, p. 1165-1196)
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"Looking backward" to 1938.
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Discretion in class certification.
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Towards a unified theory of "reverse-Erie".
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Discretion in class certification.
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Litigation reform: an institutional approach.
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The Duryodhana dilemma: United States v. A 10th Century Cambodian Sandstone Sculpture and a proposed code of ethics-based response to repatriation requests for auction houses.
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Attorneys' fees in a loser-pays system.
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Read my Lipsky: reliance on consent orders in pleadings.
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Letters of intent in corporate negotiations: using hostage exchanges and legal uncertainty to promote compliance.
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From the particular to the general: three federal rules and the jurisprudence of the Rehnquist and Roberts courts.
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Cartels by another name: should licensed occupations face antitrust scrutiny?(Abstract through II. The Road to Professional Cartelization B. The Legal Landscape of Professional Licensing 1. Twin Immunities Shield State Licensing Boards from Antitrust Liability, p. 1093-1127)
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The function of Article V.
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Ghost in the network.
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May contain: allergen labeling regulations.
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Litigating Article III standing: a proposed solution to the serious (but unrecognized) separation of powers problem.
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You can't sell your firm and own it too: disallowing dual-class stock companies from listing on the securities exchanges.
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Litigation reform: an institutional approach.
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Insider trading via the corporation.
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Dodd-Frank orderly liquidation authority: too big for the constitution?
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Pro se paternalism: the contractual, practical, and behavioral cases for automatic reversal.
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Selling state borders.
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The fourth era of American civil procedure.(Introduction through II. Deconstructing the Fourth Era B. Case Management as a Solution, p. 1839-1867)
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Old statutes, new problems.
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Funding terror.
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Bureaucracy at the boundary.
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Selling state borders.
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The fourth era of American civil procedure.
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The applicability of state appeal bond caps in suits brought in federal courts pursuant to diversity jurisdiction.
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Collateral compliance.
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Collateral compliance.
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Patent nonuse and technology suppression: the use of compulsory licensing to promote progress.
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The burdens of pleading.
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Putting plea bargaining on the record.
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Old statutes, new problems.(Introduction through II. Policymaking in the Absence Of Congress B. Managing Changing Electricity Markets Under the Federal Power Act 1. Congressional Participation in the Early Stages of Restructuring, p. 1-47)
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Standing outside of Article III.
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The constitutional standing of corporations.
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Rethinking summary judgment empirics: the life of the parties.
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Cartels by another name: should licensed occupations face antitrust scrutiny?
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Twenty years of shareholder proposals after Cracker Barrel: an effective tool for implementing LGBT employment protections.
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The privatization of process: requiem for and celebration of the Federal Rules of Civil Procedure at 75.
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The first disestablishment: limits on church power and property before the Civil War.
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Opening address.
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"The just, speedy, and inexpensive determination of every action?"(Symposium: The Federal Rules of Civil Procedure at 75)
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The constitutional standing of corporations.
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Constitutional colorblindness and the family.
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Dodd-Frank orderly liquidation authority: too big for the Constitution?
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Bureaucracy at the boundary.
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The first disestablishment: limits on church power and property before the Civil War.
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Structural corporate degradation due to too-big-to-fail finance.
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The divided states of America: reinterpreting Title VII's national origin provision to account for subnational discrimination within the United States.
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Ghost in the network.(Abstract through II. The Easy Case for Cybersecurity Regulation, p. 1011-1050)
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Funding terror.(Introduction through I. The Domestic and International War on Terror, p. 477-507)
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Why do retail investors make costly mistakes? An experiment on mutual fund choice.
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Standing outside of Article III.
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Constitutional colorblindness and the family.
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The next generation Communications Privacy Act.
