University of Pennsylvania Law Review - page 2
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The hidden costs of cliff effects in the Internal Revenue Code.
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Big data and predictive reasonable suspicion.
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Constitutional arrogance.
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A response To Professor Cooper.
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The new federalism of the American corporate governance system: preliminary reflections of two residents of one small state.
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Getting their due (process): parents and lawyers in special education due process hearings in Pennsylvania.
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Keeping charity in charitable trust law: the Barnes Foundation and the case for consideration of public interest in administration of charitable trusts.
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Natural preservation and the race to develop.
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An economic analysis of the fair use defense.
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Forum shopping for human rights.
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An empirical study of patent litigation timing: could a patent term reduction decimate trolls without harming innovators?
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Henry Sawyer: advocate for the unpopular.
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Is the shrink's role shrinking? The ambiguity of Federal Rule of Criminal Procedure 12.2 concerning government psychiatric testimony in negativing cases.
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Special domestic violence criminal jurisdiction for Indian tribes: inherent tribal sovereignty versus defendants' complete constitutional rights.
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Law's politics.
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STOCK MARKET SHORT-TERMISM'S IMPACT.
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THE DEFENDER GENERAL.
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Norma Levy Shapiro.
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The Case of the Prisoners and the origins of judicial review.
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The Judicial Panel on Multidistrict Litigation: time for rethinking.
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The case against vicarious jurisdiction.
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Denied and disparaged: applying the 'federalist' Ninth Amendment.
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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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Before and after: temporal anomalies in legal doctrine.
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How to avoid the standing problem in Floyd: a relaxed approach to standing in class actions.
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Escaping battered credit: a proposal for repairing credit reports damaged by domestic violence.
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It's about time: a systems thinking analysis of the litigation finance industry and its effect on settlement.
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Paying for performance in bankruptcy: why CEOS should be compensated with debt.
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Commerce clause challenges to health care reform.
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"Looking backward" to 1938.
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Key issues in the resettlement of formerly trafficked persons in the United States.
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Time to drop the infield fly rule and end a common law anomaly.
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Parochialism and pluralism in cyberspace regulation.
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The Class Action Fairness Act in perspective: the old and the new in federal jurisdictional reform.
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Comment on Douglas S. Massey's 'Getting away with murder: segregation and violent crime in urban America.' (in this issue, p. 1203)(Symposium - Shaping American Communities: Segregation, Housing & the Urban Poor)
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Solar-backed securities: opportunities, risks, and the specter of the subprime mortgage crisis.
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IS SUNLIGHT THE BEST DISINFECTANT? REASSESSING BEPS ACTION 5'S TAX RULING TRANSPARENCY.
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Executive review in the fragmented executive: state constitutionalism and same-sex marriage.
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BANKRUPTCY'S NEW AND OLD FRONTIERS.
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Take care that the laws be faithfully litigated.
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Adapting copyright for the mashup generation.
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Dynamic treaty interpretation.
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Lessons from Bosnia's Arizona market: harm to women in a neoliberalized postconflict reconstruction process.
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TAX LAW AS FOREIGN POLICY.
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The geography of the battlefield: a framework for detention and targeting outside the "hot" conflict zone.
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Litigating Article III standing: a proposed solution to the serious (but unrecognized) separation of powers problem.
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Restoring health to health reform: integrating medicine and public health to advance the population's well-being.
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THE ILLUSORY COVERAGE DOCTRINE: A CRITICAL REVIEW.
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The constraint of legal doctrine.
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Money matters: judicial market interventions creating subsidies and awarding fees and costs in individual and aggregate litigation.
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Tax constraints on indexed options.
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Freedom by design: objective analysis and the constitutional status of public broadcasting.
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Climate change and international human rights litigation: a critical appraisal.
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Sameness and subordination: the dangers of a universal solution.
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Jealous guardians in the psychedelic kingdom: federal regulation of electricity contracts in bankruptcy.
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BREAKING UP BIG TECH: LESSONS FROM AT&T.
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ANNOY NO COP.
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Challenging law review dominance.
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Kosovo, war powers, and the multilateral future.
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The surprisingly strong case for tailoring constitutional principles.
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The political economy of private legislatures.
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Ever again: legal remembrance of administrative massacre.
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COPYRIGHT AS MARKET PROSPECT.
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The limitations of tradition: how modern choice of law doctrine can help courts resolve conflicts within the New York Convention and the federal Arbitration Act.
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"Meaningful access" to health care and the remedies available to Medicaid managed care recipients under the ADA and the Rehabilitation Act.
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Reasonableness in and out of negligence law.
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REFRAMING THE "DESERVING" TENANT: THE ABOLITION OF A POLICED PUBLIC HOUSING.
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Expressive theories of law: a general restatement.
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"We live's in a free house such as it is": class and the creation of modern civil rights.
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What follows putting reason in its place? "Now vee may perhaps to begin. Yes?"(response to article by Dan M. Kahan and Donald Braman in this issue, p. 1291)
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An analysis of the EEOC'S issuance of early right-to-sue letters: does it promote judicial efficiency or encourage administrative incompetence?
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On the received wisdom in federal courts.
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Reapportionment and party realignment in the American States.
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Subverting the American dream: government dictated "smart growth" is unwise and unconstitutional.
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The central mistake of sex discrimination law: the disaggregation of sex from gender.
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Using social norms to regulate fan fiction and remix culture.
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Escaping battered credit: a proposal for repairing credit reports damaged by domestic violence.
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BEYOND STRICKLAND PREJUDICE: WEAVER, BATSON, AND PROCEDURAL DEFAULT.
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Formulating international tax laws in the age of electronic commerce: the possible ascendancy of residence-based taxation in an era of eroding traditional income tax principles.
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Tensions and trade-offs: protecting trafficking victims in the era of immigration enforcement.
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Bargaining in the shadow of democracy.
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Comments on the passing of the honorable Max Rosenn.
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Of stars and proper alignment: scanning the heavens for the future of health care reform.
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"Ideology" or "situation sense"? An experimental investigation of motivated reasoning and professional judgment.
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Dial-in testimony.
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Owning e-sports: proprietary rights in professional computer gaming.
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Protecting search terms as opinion work product: applying the work product doctrine to electronic discovery.
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The impact of the Class Action Fairness Act on the federal courts: an empirical analysis of filings and removals.
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Facebook, Twitter, and the uncertain future of present sense impressions.
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Lessons in federalism from the 1960s class action rule and the 2005 Class Action Fairness Act: "the political safeguards" of aggregate translocal actions.
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Putting plea bargaining on the record.
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Cruel and unusual construction: the Eighth Amendment as a limit on building prisons on toxic waste sites.
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When the law doesn't count: the 2000 election and the failure of the rule of law.
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Dworkin, precedent, confidence, and Roe v. Wade.
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Wall Street as community of fate: toward financial industry self-regulation.
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Voting without law?
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Racing to settlement: the applicability of Federal Rule of Evidence 408 to nonparty settlement communications.
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Corporate law doctrine and the legacy of American legal realism.
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JACOBINS AT JUSTICE: THE (FAILED) CLASS ACTION REVOLUTION OF 1978 AND THE PUZZLE OF AMERICAN PROCEDURAL POLITICAL ECONOMY.
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"WE FIGHT LIKE HELL": A FRAMEWORK FOR SAFEGUARDING POLITICAL INTIMIDATION STATUTES AGAINST FIRST AMENDMENT CHALLENGES.
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ADMINISTRATIVE CONSTITUTIONALISM AS POPULAR CONSTITUTIONALISM.
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The forest and the trees: sustainable development and human rights in the context of Cambodia.
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Laboratories of destitution: democratic experimentalism and the failure of antipoverty law.
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Inclusive boundaries and other (im)possible paths towards community development in a global world.
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Three models of health insurance: the conceptual pluralism of the Patient Protection and Affordable Care Act.
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The character of Max Rosenn.
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The court should have remained silent: why the court erred in deciding Dickerson v. United States.
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Letters of intent in corporate negotiations: using hostage exchanges and legal uncertainty to promote compliance.
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The vanishing common law judge?
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Information issues on Wall Street 2.0.
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Do you have to keep the government's secrets? Retroactively classified documents, the First Amendment, and the power to make secrets out of the public record.
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Banishing the bogey of incommensurability.
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Classifying constructive amendment as trial or structural error.
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Towards environmental entrepreneurship: restoring the public trust doctrine in New York.
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Law and the boundaries of technology-intensive firms.
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Proximate cause in Michael Moore's 'Act and Crime.' (Symposium: Act & Crime)
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Striving for justice.
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The positive political theory of legislative history: new perspectives on the 1964 Civil Rights Act and its interpretation.
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Bureaucracy at the boundary.
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Girls and the getaway: cars, culture, and the predicament of gendered space.
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Elephants and mice revisited: law and choice of law on the internet.
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The judicial role in constraining presidential nonenforcement discretion: the virtues of an APA approach.
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Rewriting the law of resale price maintenance: the Kodak decision and transaction cost economics.
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Street crime, corporate crime, and the contingency of criminal liability.
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Based upon: deriving plain meaning from the False Claims Act's jurisdictional bar.
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Exploding the class action agency costs myth: the social utility of entrepreneurial lawyers.
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Discretion in class certification.
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Countermajoritarian hero or zero? Rethinking the Warren Court's role in the criminal procedure revolution.
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The role of luck in the criminal law.
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Faces in the courtroom.
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After deference: formalizing the judicial power for foreign relations law.
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Admitting mental health evidence to impeach the credibility of a sexual assault complainant.
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A voice for liberty.
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Incommensurability and cost-benefit analysis.
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Should ethical and legal standards for physicians be changed to accommodate new models for rationing health care?
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Sunlight, secrets, and scarlet letters: the tension between privacy and disclosure in constitutional law.
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Protecting, restoring, improving: incorporating therapeutic jurisprudence and restorative justice concepts into civil domestic violence cases.
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The gravitational force of federal law.
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PRIVATE EQUITY, CONFLICTS, AND CHAPTER 11: THE THREE TYPES OF ATTORNEY CONFLICTS THAT UNDERMINE CORPORATE RESTRUCTURING.
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The constitutionality of federal restrictions on the indemnification of attorneys' fees.
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TERMS OF SERVICE AND FOURTH AMENDMENT RIGHTS.
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INTRODUCTION.
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Temporal imperialism.
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THE POST-CHICAGO ANTITRUST REVOLUTION: A RETROSPECTIVE.
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AVOIDANCE CREEP.
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Text in contest: gender and the Constitution from a social movement perspective.
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Information issues on Wall Street 2.0.
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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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CAFA judicata: a tale of waste and politics.
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Rationing health care: the unnecessary solution.
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UNFAIR ARTIFICIAL INTELLIGENCE: HOW FTC INTERVENTION CAN OVERCOME THE LIMITATIONS OF DISCRIMINATION LAW.
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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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ELECTION 2000: POINT/COUNTERPOINT SERIES.
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DEFERRING TO FOREIGN COURTS.
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The prospective effects of modifying existing law to accommodate preemptive self-defense by battered women.
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Don't put my article online!: Extending copyright's new-use doctrine to the electronic publishing media and beyond.
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A theory of preferred stock.
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More on 'Act and Crime.' (Symposium: Act & Crime)
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Can utilitarianism justify legal rights with moral force?
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Suboptimal social science and judicial precedent.
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Gone broke: sovereign debt, personal bankruptcy, and a comprehensive contractual solution.
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Manufacturing evidence for trial: the prejudicial implications of videotaped crime scene reenactments.
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The architecture of bias: deep structures in tort law.
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Consumer expectations and access to health care: a commentary.
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Value analysis of political behavior - self-interested, moralistic, altruistic, moral.
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Exploring the limits of contract design in debt financing.
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BANKRUPTCY'S UNEASY SHIFT TO A CONTRACT PARADIGM.
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Faithful execution and enforcement discretion.
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Censorship by proxy: the First Amendment, Internet intermediaries, and the problem of the weakest link.
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Lost in the political thicket: the court, election law, and the doctrinal interregnum.
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Do norms matter? A cross-country evaluation.
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Why proportionality matters.
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Waivers of ERISA plan benefits: preventing judicial interpretations of a complex statute from frustrating the statute's simple purpose.
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Presidential signing statements: a new perspective.
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Court competition for patent cases.
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COPYRIGHT AND REALITY.
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Incommensurable goods, rightful lies, and the wrongness of fraud.
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A wise man of the law.
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Resurrecting the white primary.
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Dangerous liaisons: criminalization of "relationship hires" under the Foreign Corrupt Practices Act.
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Implicit redefinitions, evidentiary proscriptions, and guilty minds: intoxicated wrongdoers.
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The feminist challenge in criminal law.
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The burdens of pleading.
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The jurisprudence of dignity.
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After Bridgeman: copyright, museums, and public domain works of art.
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The river runs dry: when Title VI trumps state anti-affirmative action laws.
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Incommensurability: truth or consequences.
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Assessing CAFA's stated jurisdictional policy.
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Taming Twombly, even after Iqbal.
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Institutions and indirectness in intellectual property.
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THE SUPREME COURT AS BAD TEACHER.
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THE PROFICIENCY OF EXPERTS.
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Private debt and the missing lever of corporate governance.
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Got theory?
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Information, innovation, and competition policy for the Internet.
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SYSTEMATIZING DISCRIMINATION: AI VENDORS & TITLE VII ENFORCEMENT.
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Chief Judge Edward R. Becker: a truly remarkable judge.
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SCHOOL VOUCHERS, SPECIAL EDUCATION, AND THE SUPREME COURT.
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Fence posts or sign posts? Rethinking patent claim construction.
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Toward a standard of meaningful review: examining the actual protections afforded to prisoners in long-term solitary confinement.
