University of Pennsylvania Law Review - page 3
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The 'monstrous heresy' of punitive damages: a comparison to the death penalty and suggestions for reform.
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Reducing crime by shaping the built environment with zoning: an empirical study of Los Angeles.
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Litigation for sale.
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Intentionalism, history, and legitimacy.
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THE PAST AND FUTURE OF PROCEDURE SCHOLARSHIP.
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Legal limits and the implementation of the Affordable Care Act.
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Old statutes, new problems.
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The situation: an introduction to the situational character, critical realism, power economics, and deep capture.
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Comments on the passing of the honorable Max Rosenn.
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THE AMERICANS WITH DISABILITIES ACT'S UNREASONABLE FOCUS ON THE INDIVIDUAL.
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Illiberal construction of pro se pleadings.
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Hope for the future? The asylum claims of women fleeing sexual violence in Guatemala.
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Norma Levy Shapiro.
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A free labor approach to human trafficking.
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The inefficiency of the no-duty-to-rescue rule and a proposed 'similar risk' alternative.
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CENTRAL CLEARING OF FINANCIAL CONTRACTS: THEORY AND REGULATORY IMPLICATIONS.
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ANTI-LIBEL INJUNCTIONS.
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Status signaling and the law, with particular application to sexual harassment.
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Restoring religious freedom to the workplace: Title VII, RFRA and religious accommodation.
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Got theory?
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CONTEXT, CONTENT, INTENT: SOCIAL MEDIA'S ROLE IN TRUE THREAT PROSECUTIONS.
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The Confirmation Mess: Cleaning up the Federal Appointment Process.
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Norms, formalities, and the Statute of Frauds: a comment.
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Latinos, Anglos, voters, candidates, and voting rights.
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Threatening inefficient performance of injunctions and contracts.
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Buckley is dead, long live Buckley: the new campaign finance incoherence of McConnell v. Federal Election Commission.
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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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Premiums in stock-for-stock mergers and some consequences in the law of director fiduciary duties.
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INCREDIBLE WOMEN: SEXUAL VIOLENCE AND THE CREDIBILITY DISCOUNT.
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Corrective justice and liability for global warming.
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Factual precedents.
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Commercialization of the state university: why the Intellectual Property Protection Restoration Act of 2003 is necessary.
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The freedom of health.
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The Protean take care clause.
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Language, national origin, and employment discrimination: the importance of the EEOC guidelines.
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An open door to ending exploitation: accountability for violations of informed consent under the Alien Tort Statute.
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Regulating against bubbles: how mortgage regulation can keep Main Street and Wall Street safe - from themselves.
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Introduction: the bounds of executive discretion in the regulatory state.
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Copyright as trade regulation.
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A new copyright order: why national courts should create global norms.
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Adapting to the new shareholder-centric reality.
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Lasting legislation.
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The constitutional standing of corporations.
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The sedimentary Constitution.
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Expressive theories of law: a skeptical overview.
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ICWA AND THE UNWED FATHER: A CONSTITUTIONAL CORRECTIVE.
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Competing norms and social evolution: is the fittest norm efficient?
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The internal powers of the Chief Justice: the nineteenth-century legacy.
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Keeping women out of the executive suite: the courts' failure to apply Title VII scrutiny to upper-level jobs.
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Reducing crime by shaping the built environment with zoning: an empirical study of Los Angeles.
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THE CONGRESSIONAL BUREAUCRACY.
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Extraterritoriality and political heterogeneity in American federalism.
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RESTORATION, RETRIBUTION, AND SEXUAL ASSAULT: THE VALUE OF APOLOGIES.
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CLASS ACTIONS AND THE COUNTERREVOLUTION AGAINST FEDERAL LITIGATION.
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Standing outside of Article III.
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THE TRAJECTORY OF FEDERAL GUN CRIMES.
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Punishing the innocent.
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NONPARTY INTERESTS IN CONTRACT LAW.
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Owning e-sports: proprietary rights in professional computer gaming.
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The most knowledgeable branch.
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Deciding by default.
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Managing the urban commons.
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Lumpy property.
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Merchant law in a merchant court: rethinking the Code's search for immanent business norms.
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Making champerty work: an invitation to state action.
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Assessing Chief Justice William Rehnquist.
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Personal jurisdiction in tribal courts.
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Reuniting 'is' and 'ought' in empirical legal scholarship.
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ANNOY NO COP.
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Law, incommensurability, and expression.
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May contain: allergen labeling regulations.
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ADMINISTRATIVE CONSTITUTIONALISM AS POPULAR CONSTITUTIONALISM.
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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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Black rage and the criminal law: a principled approach to a polarized debate.
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The jurisprudence of greed.
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Old statutes, new problems.
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After Bridgeman: copyright, museums, and public domain works of art.
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THE DEFENDER GENERAL.
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Where inner-city students live versus how they learn.
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From "publish or perish" to "profit or perish": revenues from university technology transfer and the s. 501(c)(3) tax exemption.
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OUTRAGEOUS GOVERNMENT (MIS)CONDUCT: DUE PROCESS AS A DEFENSE IN PAID-SEX STING OPERATIONS.
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Commentary on the futures problem, by Geoffrey C. Hazard, Jr.
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Institutions and indirectness in intellectual property.
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Family law's doctrines.
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Federalism, regulatory lags, and the political economy of energy production.
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Saving lives through administrative law and economics.
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The elusive middle ground: a proposed constitutional speech restriction for judicial selection.
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THE INDECISIONS OF 1789: INCONSTANT ORIGINALISM AND STRATEGIC AMBIGUITY.
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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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Culpability and control.
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Uniformity, federalism, and tort reform: the Erie implications of medical malpractice certificate of merit statutes.
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Housing and the justification of school segregation.
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Federalism and interstate environmental externalities.
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Tender justice: Judge Norma Levy Shapiro's hard-headed humanity.
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Chevron Corp. v. Berlinger and the future of the journalists' privilege for documentary filmmakers.
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The First Amendment gone awry: City of Erie v. Pap's A.M., ailing analytical structures, and the supression of protected expression.
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Big data and predictive reasonable suspicion.
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"VITAL" STATE INTERESTS: FROM REPRESENTATIVE ACTIONS FOR FAIR LABOR STANDARDS TO POOLED TRUSTS, CLASS ACTIONS, AND MDLS IN THE FEDERAL COURTS.
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Paradoxes of the safe society: a rational actor approach to the reconceptualization of risk and the reformation of risk regulation.
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Judicial comparativism and judicial diplomacy.
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PROTECTING RENTERS FROM FLOOD LOSS.
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The state and the "psycho ex-wife": parents' rights, children's interests, and the First Amendment.
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The vanishing common law judge?
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Equality of opportunity and investment in creditworthiness.
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CORPORATE BANKRUPTCY HYBRIDITY.
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Toward a Pigouvian state.
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Hazard.
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THE GLOBALIZATION OF ENTREPRENEURIAL LITIGATION: LAW, CULTURE, AND INCENTIVES.
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Ending the patenting monopoly.
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The elusive quest for global governance standards.
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PROSECUTING CRYPTOCURRENCY THEFT WITH THE DEFEND TRADE SECRETS ACT OF 2016.
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The bias of American politics: rationing health care in a weak state.
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Contracting over liability: medical malpractice and the cost of choice.
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Quality, not quantity: an analysis of confidential settlements and litigants' economic incentives.
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The dark side of efficiency: Johnson v. M'Intosh and the expropriation of American Indian lands.
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THE LOGIC OF EXPERIENCE: THE ROLE OF HISTORY IN RECOGNIZING PUBLIC RIGHTS OF ACCESS UNDER THE FIRST AMENDMENT.
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The law of democracy.
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Ascertaining the laws of the several states: positivism and judicial federalism after Erie.
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Public funding and democratic elections.
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WHEN PLAY BECOMES WORK: CHILD LABOR LAWS IN THE ERA OF "KIDFLUENCERS".
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Making constitutional doctrine in a realist age.
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COPYRIGHT AS LEGAL PROCESS: THE TRANSFORMATION OF AMERICAN COPYRIGHT LAW.
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Lending light to countries lamps: a tribute to Judge Norma Levy Shapiro.
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Governing through owners: how and why formal private property rights enhance state power.
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The illusion of "offer to sell" patent infringement: when an offer is an offer but is not an offer.
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A Thirteenth Amendment defense of the Violence Against Women Act.
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Hail, no: changing the Chief Justice.
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Defying one-person, one-vote: prisoners and the "usual residence" principle.
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Codifying custom.
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Dodd-Frank orderly liquidation authority: too big for the Constitution?
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AVAILABILITY OF TOLLING IN A PRESIDENTIAL PROSECUTION.
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Constitutional colorblindness and the family.
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Think globally, act globally: the limits of local climate policies.
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Convicts and convictions: some lessons from transportation for health reform.
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Indigenous peoples' courts: egalitarian juridical pluralism, self-determination, and the United Nations declaration on the rights of indigenous peoples.
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Regulatory rationing: a solution to health care resource allocation.
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Meeting the statute or beating it: using "John Doe" indictments based on DNA to meet the statute of limitations.
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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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Consent is not enough: why states must respect the intensity threshold in transnational conflict.
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The plain meaning of section 365(c): the tension between bankruptcy and patent law in patent licensing.
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Rationality analysis in antitrust.
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Six unconstitutional homicide statutes: rational basis review and the problem of harsher punishment for less culpable offenders.
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The anonymity tool.
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The property matrix: an analytical tool to answer the question, "is this property?"
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Image is everything: corporate branding and religious accommodation in the workplace.
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ADMINISTRATIVE CONSTITUTIONALISM AND THE NORTHWEST ORDINANCE.
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A FRAGILITY THEORY OF TRADEMARK FUNCTIONALITY.
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How to avoid the standing problem in Floyd: a relaxed approach to standing in class actions.
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Beyond the precautionary principle.
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PRIVATIZATION, PUBLIC COMMONS, AND THE TAKINGSIFICATION OF ENVIRONMENTAL LAW.
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An economic analysis of search and seizure law.
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Corporate law doctrine and the legacy of American legal realism.
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Law, economics, and inefficient norms.
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Much ado about newsgathering: personal privacy, law enforcement, and the law of unintended consequences for anti-paparazzi legislation.
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From health care law to the social determinants of health: a public health law research perspective.
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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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Neighborhood empowerment and the future of the city.
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How race and poverty intersect to prevent integration: destabilizing race as a vehicle to integrate neighborhoods.
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Machine speech.
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Sameness and subordination: the dangers of a universal solution.
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Freedom by design: objective analysis and the constitutional status of public broadcasting.
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Tax constraints on indexed options.
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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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The geography of the battlefield: a framework for detention and targeting outside the "hot" conflict zone.
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RACE IN CONTRACT LAW.
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In the beginning: the first three Chief Justices.
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An historical analysis of the binding effect of class suits.
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Climate change, insurability of large-scale disasters, and the emerging liability challenge.
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Adaptable due process.
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Jealous guardians in the psychedelic kingdom: federal regulation of electricity contracts in bankruptcy.
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Aggregation and settlement of mass torts.
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Pills and partisans: understanding takeover defenses.
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The assumption of risk defense and the sexual transmission of AIDS: a proposal for the application of comparative knowledge.
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DEFENDING ESG: A NEW STANDARD OF REVIEW FOR DEFENSIVE MEASURES THAT IMPACT ESG RATINGS.
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TAXING THE GIG ECONOMY.
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Action and aberration.
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The shareholder wealth maximization norm and industrial organization.
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CAFA settlement notice provision: optimal regulatory policy?
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Do the merits matter? Empirical evidence on shareholder suits from options backdating litigation.
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A riff on fair use in the Digital Millennium Copyright Act.
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Thoughts about Professor Resnik's paper.
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State law, the Westfall Act, and the nature of the Bivens question.
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Trust, guilt, and securities regulation.
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HORIZONTAL CHOICE OF LAW IN FEDERAL COURT.
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Professors and politics.
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A national study of access to counsel in immigration court.
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Collateral review of remand orders: reasserting the supervisory role of the Supreme Court.
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Linguistic meaning, nonlinguistic "expression," and the multiple variants of expressivism: a reply to Professors Anderson and Pildes.
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Class action notice in the digital age.
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Dodd-Frank orderly liquidation authority: too big for the constitution?
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Making Indians 'white': the judicial abolition of native slavery in revolutionary Virginia and its racial legacy.
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How the merits matter: directors' and officers' insurance and securities settlements.
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Pruning the political thicket: the case for strict scrutiny of state ballot access restrictions.
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Big data and predictive reasonable suspicion.
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Adapting copyright for the mashup generation.
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From the greenhouse to the poorhouse: carbon-emissions control and the rules of legislative joinder.
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The new doctrinalism: implications for evidence theory.
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The role of choice of law in national class actions.
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TAKING DISABILITY PUBLIC.
