University of Pennsylvania Law Review - page 2
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Incommensurability, welfare economics, and the law.
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NONCITIZENS' ACCESS TO FEDERAL DISTRICT COURTS: THE NARROWING OF s. 1252(b)(9) POST-JENNINGS.
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What to do when main street is legal again: regional land value taxation as a New Urbanist tool.
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Corporations without labor: the politics of progressive corporate law.
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"Ideology" or "situation sense"? An experimental investigation of motivated reasoning and professional judgment.
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After Bridgeman: copyright, museums, and public domain works of art.
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Party autonomy and two-party electoral competition.
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A critique of the strict liability standard for determining child support in cases of male victims of sexual assault and statutory rape.
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SECRECY CREEP.
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Court competition for patent cases.
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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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ARBITRATION'S UNRAVELING.
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SURVEILLANCE CLASS ACTIONS: RECONSTRUCTING A FEDERAL DATA PRIVACY PRIVATE RIGHT OF ACTION.
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Prosecutorial regulation versus prosecutorial accountability.
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Pricing the priceless: cost-benefit analysis of environmental protection.
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COPYRIGHT AND REALITY.
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Frequency and success: an empirical study of criminal law defenses, federal constitutional evidentiary claims, and plea negotiations.
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Race as identity caricature: a local legal history lesson in the salience of intraracial conflict.
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The paradox of power in the modern state: why a unitary, centralized presidency may not exhibit effective or legitimate leadership.
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The doctrinal unity of alternative liability and market-share liability.
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Judges, behavioral scientists, and the demands of humanity.
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Enforcing affirmative state constitutional obligations and Sheff v. O'Neill.
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Is intellectual property trivial?
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Freedom of speech, permissible tailoring and transcending strict scrutiny.
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The burdens of pleading.
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HALO IS NOT THE SAVING GRACE FOR THE PATENT SYSTEM.
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Battered women and self-defense: myths and misconceptions in current reform proposals.
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"Looking backward" to 1938.
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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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Creative norm destruction: the evolution of nonlegal rules in Japanese corporate governance.
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ABSOLUTE PRIORITY, RELATIVE PRIORITY, AND VALUATION UNCERTAINTY IN BANKRUPTCY.
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International consensus as persuasive authority in the Eighth Amendment.
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Do the parties or the people own the electoral process?
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The decisional significance of the Chief Justice.
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IN HONOR OF STEPHEN BURBANK: BEYOND THE FOREST AND THE TREES.
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Where to draw the line? Judicial review of political gerrymanders.
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Key issues in the resettlement of formerly trafficked persons in the United States.
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RECALIBRATING SECTION 220.(Delaware General Corporation Law)
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IS SUNLIGHT THE BEST DISINFECTANT? REASSESSING BEPS ACTION 5'S TAX RULING TRANSPARENCY.(base erosion and profit sharing)
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Adapting copyright for the mashup generation.
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Commerce clause challenges to health care reform.
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FOREWORD: CAUSES AND LIMITS OF PESSIMISM.
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Geoffrey C. Hazard, Jr.: a curious American.
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Response to Gary Orfield.
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OUTRAGEOUS GOVERNMENT (MIS)CONDUCT: DUE PROCESS AS A DEFENSE IN PAID-SEX STING OPERATIONS.
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Absolute preferences and relative preferences in property law.
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ADVOCATING FOR IMMIGRANT YOUTH: ADDRESSING ONGOING BARRIERS TO SPECIAL IMMIGRANT JUVENILE STATUS IN THE ONE-PARENT CONTEXT.
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THE UNTOLD STORY OF THE PROTO-SMITH ERA: JUSTICE O'CONNOR'S PAPERS AND THE COURT'S FREE EXERCISE REVOLUTION.
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Corporate constitutionalism: antitakeover charter provisions as precommitment.
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THE ROAD TO TRANSPORTATION JUSTICE: REFRAMING AUTO SAFETY IN THE SUV AGE.
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Is there an act requirement in the criminal law?
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Timing and form of federal regulation: the case of climate change.
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A friend's portrait of Henry W. Sawyer, III.
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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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Lost in the political thicket: the court, election law, and the doctrinal interregnum.
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Controlling controlling shareholders.
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The case against vicarious jurisdiction.
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Criminal law in cyberspace.
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Reading Stoneridge carefully: a duty-based approach to reliance and third-party liability under rule 10B-5.
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Illusions of a spontaneous order: "norms" in contractual relationships.
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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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Cashing in on capitol hill: insider trading and the use of political intelligence for profit.
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Illiberal construction of pro se pleadings.
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THE INDECISIONS OF 1789: INCONSTANT ORIGINALISM AND STRATEGIC AMBIGUITY.
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Blowing the whistle on consumer financial abuse.
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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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The surprisingly strong case for tailoring constitutional principles.
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Executive review in the fragmented executive: state constitutionalism and same-sex marriage.
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Social movements, law and society: the institutionalization of the environmental movement.
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Beyond powers and branches in separation of powers law.
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A new executive order for improving federal regulation? Deeper and wider cost-benefit analysis.
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Ethics matters, too: the significance of professional regulation of attorney fees and costs in mass tort litigation.
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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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Text in contest: gender and the Constitution from a social movement perspective.
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Structure and value in the common law.
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Punishing the innocent.
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Towards a cosmopolitan vision of conflict of laws: redefining governmental interests in a global era.
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A riff on fair use in the Digital Millennium Copyright Act.
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Are hate-speech rules constitutional heresy? A reply to Steven Gey.
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Rewriting the law of resale price maintenance: the Kodak decision and transaction cost economics.
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THE OFFICE OF THE CHIEF CIRCUIT JUDGE.
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Health reform and public health: will good policies but bad politics combine to produce bad policy?
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Want less ideology on the federal bench? Pay judges more.
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Are clinical ethics consultants in danger? An analysis of the potential legal liability of individual clinical ethicists.
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Class action notice in the digital age.
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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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In memoriam.
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THE SHORT LIFE AND LONG AFTERLIFE OF THE MASS TORT CLASS ACTION.
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Responding to a democratic deficit: limiting the powers and the term of the Chief Justice of the United States.
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On the supposed jury-dependence of evidence law.
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The conditions of pretrial detention.
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On mandatory labeling, with special reference to genetically modified foods.
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Technologies of protest: insurgent social movements and the First Amendment in the era of the Internet.
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THE INTERIOR STRUCTURE OF IMMIGRATION ENFORCEMENT.
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Litigation reform: an institutional approach.
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Are verdicts, too, like sausages? Lifting the cloak of jury secrecy.
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The individual mandate, sovereignty, and the ends of good government: a reply to Professor Randy Barnett.
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Investment, information, and promissory liability.
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Removal jurisdiction and the All Writs Act.
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A TRIBUTE TO SARAH LEE BEST.
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VESTED RIGHTS, "FRANCHISES," AND THE SEPARATION OF POWERS.
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Preserving facts, form, and function when a deaf witness with minimal language skills testifies in court.
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THE SPECIFICATION POWER.
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Striving for justice.
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Taking private ordering seriously.
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Double helix, double bind: factual innocence and postconviction DNA testing.
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Deontology, governmental action, and the distributive exemption: how the trolley problem shapes the relationship between rights and policy.
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Federal hate crime laws and United States v. Lopez: on a collision course to clarify jurisdictional-element analysis.
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Read my Lipsky: reliance on consent orders in pleadings.
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DIALOGIC DUE PROCESS.
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The court should have remained silent: why the court erred in deciding Dickerson v. United States.
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ADMINISTRATIVE CONSTITUTIONALISM AS POPULAR CONSTITUTIONALISM.
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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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Corrective justice and liability for global warming.
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The parol evidence rule, the plain meaning rule, and the principles of contractual interpretation.
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Redistricting and the territorial community.
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Personal jurisdiction in tribal courts.
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SOME REALISM ABOUT CRIMINAL JUSTICE LOCALISM.
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Can the states keep secrets from the federal government?
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Adaptable due process.
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Classifying constructive amendment as trial or structural error.
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Laboratories of destitution: democratic experimentalism and the failure of antipoverty law.
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Voting without law?
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Letters of intent in corporate negotiations: using hostage exchanges and legal uncertainty to promote compliance.
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THE DICHOTOMOUS TREATMENT OF EFFICIENCIES IN HORIZONTAL MERGERS: TOO MUCH? TOO LITTLE? GETTING IT RIGHT?(Symposium: The Post-Chicago Antitrust Revolution)
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The hidden costs of cliff effects in the Internal Revenue Code.
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Towards environmental entrepreneurship: restoring the public trust doctrine in New York.
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State courts and the making of federal common law.
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The vanishing common law judge?
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Corporate law doctrine and the legacy of American legal realism.
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The Confirmation Mess: Cleaning up the Federal Appointment Process.
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Intentionalism, history, and legitimacy.
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Getting more by asking less: justifying and reforming tax law's offer-in-compromise procedure.
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Equity and debt decoupling and empty voting II: importance and extensions.
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Litigation reform: an institutional approach.
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False campaign speech and the First Amendment.
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Hope for the future? The asylum claims of women fleeing sexual violence in Guatemala.
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THE AMERICANS WITH DISABILITIES ACT'S UNREASONABLE FOCUS ON THE INDIVIDUAL.
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The 'monstrous heresy' of punitive damages: a comparison to the death penalty and suggestions for reform.
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DIGITAL CIVIL PROCEDURE.
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Antitrust in zero-price markets: foundations.
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The situation: an introduction to the situational character, critical realism, power economics, and deep capture.
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Restoring religious freedom to the workplace: Title VII, RFRA and religious accommodation.
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Litigation for sale.
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ORIGINALIST FRAMING OF FREE SPEECH DOCTRINE.
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Scientific challenges in the attribution of harm to human influence on climate.
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Appraising the nonexistent: the Delaware courts' struggle with control premiums.
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Do the merits matter? Empirical evidence on shareholder suits from options backdating litigation.
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Doctrinal categories, legal realism, and the rule of law.
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Rationing of health care: inevitable and desirable.
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REQUISITE REALIGNMENT: AFFIRMATIVE ACTION, ASIAN AMERICANS, AND THE BLACK-WHITE BINARY.
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Do class action lawyers make too little?
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The machine author: what level of copyright protection is appropriate for fully independent computer-generated works?
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Channeling: identity-based social movements and public law.
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Lines in the sand: the importance of borders in American federalism.
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No best answer?
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Street crime, corporate crime, and the contingency of criminal liability.
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How the USA PATRIOT Act will permit governmental infringement upon the privacy of Americans in the name of "intelligence" investigations.
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Getting their due (process): parents and lawyers in special education due process hearings in Pennsylvania.
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Natural preservation and the race to develop.
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Comparison and the justification of choice.
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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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Wall Street as community of fate: toward financial industry self-regulation.
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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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Reducing crime by shaping the built environment with zoning: an empirical study of Los Angeles.
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PROSECUTING FAMILIES.(child welfare)
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Preferences and rational choice: new perspectives and legal implications.
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Soul of a woman: the sex stereotyping prohibition at work.
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Jurisdiction stripping, constitutional supremacy, and the implications of Ex parte Young.
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Incommensurable goods, rightful lies, and the wrongness of fraud.
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Confusing the means for the ends: how a pro-settlement policy risks undermining the aims of Title VII.
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Will as international bargaining: implications for rationality.
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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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Reinventing discovery: patent law's characterizations of and interventions upon science.
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Constitutional crises.
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Fairness, character, and efficiency in firms.
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The new doctrinalism: implications for evidence theory.
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A public health approach to regulating firearms as consumer products.
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The puzzle of complete preemption.
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THE PAST IS ALWAYS CHANGING: A STORY IN THREE PARTS.
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Legal realism and legal doctrine.
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CHURCH TAXES AND THE ORIGINAL UNDERSTANDING OF THE ESTABLISHMENT CLAUSE.
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BEYOND ELECTIONS: ABOLITIONIST LESSONS FOR THE LAW OF DEMOCRACY.
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Implicit bias as social-framework evidence in employment discrimination.
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Racing to settlement: the applicability of Federal Rule of Evidence 408 to nonparty settlement communications.
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Bureaucracy at the boundary.
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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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TAKING CONTROL RIGHTS SERIOUSLY.
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From the greenhouse to the poorhouse: carbon-emissions control and the rules of legislative joinder.
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More statistics, less persuasion: a cultural theory of gun-risk perceptions.
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The use and abuse of IP at the birth of the administrative state.(intellectual property)
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Does corporate governance matter? A crude test using Russian data.
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Treaties, human rights, and conditional consent.
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CLASS ACTIONS, STATUTES OF LIMITATIONS AND REPOSE, AND FEDERAL COMMON LAW.
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Interstate recognition of same-sex marriages and civil unions: a handbook for judges.
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CENTERING WHITENESS AND ENTRENCHING THE MYTH OF RACE-NEUTRAL ALTERNATIVES TO AFFIRMATIVE ACTION.
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Lumpy property.
