University of Pennsylvania Law Review - 2014
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- Dodd-Frank orderly liquidation authority: too big for the Constitution?
- The constitutional standing of corporations.
- "Looking backward" to 1938.
- Discretion in class certification.
- Discretion in class certification.
- Litigation reform: an institutional approach.
- 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.
- Letters of intent in corporate negotiations: using hostage exchanges and legal uncertainty to promote compliance.
- From the particular to the general: three federal rules and the jurisprudence of the Rehnquist and Roberts courts.
- Cartels by another name: should licensed occupations face antitrust scrutiny?
- The function of Article V.
- Insider trading via the corporation.
- Dodd-Frank orderly liquidation authority: too big for the constitution?
- Litigating Article III standing: a proposed solution to the serious (but unrecognized) separation of powers problem.
- Pro se paternalism: the contractual, practical, and behavioral cases for automatic reversal.
- The fourth era of American civil procedure.
- Funding terror.
- Funding terror.
- The applicability of state appeal bond caps in suits brought in federal courts pursuant to diversity jurisdiction.
- Collateral compliance.
- The fourth era of American civil procedure.
- Collateral compliance.
- Patent nonuse and technology suppression: the use of compulsory licensing to promote progress.
- Attorneys' fees in a loser-pays system.
- Putting plea bargaining on the record.
- Read my Lipsky: reliance on consent orders in pleadings.
- Ghost in the network.
- The burdens of pleading.
- Litigation reform: an institutional approach.
- Old statutes, new problems.
- Standing outside of Article III.
- May contain: allergen labeling regulations.
- You can't sell your firm and own it too: disallowing dual-class stock companies from listing on the securities exchanges.
- Old statutes, new problems.
- Rethinking summary judgment empirics: the life of the parties.
- Towards a unified theory of "reverse-Erie".
- Cartels by another name: should licensed occupations face antitrust scrutiny?
- Selling state borders.
- Why do retail investors make costly mistakes? An experiment on mutual fund choice.
- "The just, speedy, and inexpensive determination of every action?"(Symposium: The Federal Rules of Civil Procedure at 75)
- Constitutional colorblindness and the family.
- Bureaucracy at the boundary.
- Bureaucracy at the boundary.
- Structural corporate degradation due to too-big-to-fail finance.
- The divided states of America: reinterpreting Title VII's national origin provision to account for subnational discrimination within the United States.
- Selling state borders.
- Ghost in the network.
- Standing outside of Article III.
- The first disestablishment: limits on church power and property before the Civil War.
- The first disestablishment: limits on church power and property before the Civil War.
- The privatization of process: requiem for and celebration of the Federal Rules of Civil Procedure at 75.
- The function of Article V.
- Opening address.
- Constitutional colorblindness and the family.
- The next generation Communications Privacy Act.
- The constitutional standing of corporations.
- Twenty years of shareholder proposals after Cracker Barrel: an effective tool for implementing LGBT employment protections.