University of Pennsylvania Law Review - page 3
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Lumpy property.
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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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Enforceable rights, No Child Left Behind, and political patriotism: a case for open-minded section 1983 jurisprudence.
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The economics of the law of criminal attempts: a victim-centered perspective.
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Inequality and uncertainty: theory and legal applications.
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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 NEW PENAL BUREAUCRATS.
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Procedure as palimpsest.
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THE DISABILITY COST NARRATIVE: A ROUNDTABLE DISCUSSION.
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Alaska gives Ninth Circuit the cold shoulder: conflicts in campaign finance jurisprudence.
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The first disestablishment: limits on church power and property before the Civil War.
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COHESIVE CLASS ACTIONS.
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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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DISAGGREGATING STATE BANKRUPTCY.
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Institutional shareholders, private equity, and antitakeover protection at the IPO stage.
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Rediscovering Blackstone.
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Incommensurable choices and the problem of moral ignorance.
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Incommensurability and cost-benefit analysis.
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"A radical proposal": the Multidistrict Litigation Act of 1968.
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Machine learning, automated suspicion algorithms, and the Fourth Amendment.
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CORPORATE BANKRUPTCY HYBRIDITY.
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Cybercrime litigation.
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A sense of purpose: the role of law enforcement in foreign intelligence surveillance.
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Where inner-city students live versus how they learn.
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A proposal for the indexation of debt for inflation.
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The jurisprudence of dignity.
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Remembering those still with us: protecting September eleventh survivors from their future.
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Inverting the First Amendment.
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Tensions and trade-offs: protecting trafficking victims in the era of immigration enforcement.
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Sweep around your own front door: examining the argument for legislative African American reparations.
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May contain: allergen labeling regulations.
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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 just, speedy, and inexpensive determination of every action?"(Symposium: The Federal Rules of Civil Procedure at 75)
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Defining the boundaries of the adverse domination doctrine: is there any repose for corporate directors?
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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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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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HEIR HUNTING.
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THE ORGANS OF U.S. FOREIGN AFFAIRS.
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A response to Schill and Wachter's 'The spatial bias of federal housing law and policy.' (article by Michael H. Schill and Susan M. Wachter in this issue, p. 1285)(Symposium - Shaping American Communities: Segregation, Housing & the Urban Poor)
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MAKING ME ILL: ENVIRONMENTAL RACISM AND JUSTICE AS DISABILITY.
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How not to be Chief Justice: the apprenticeship of William H. Rehnquist.
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Making constitutional doctrine in a realist age.
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RESTORATION, RETRIBUTION, AND SEXUAL ASSAULT: THE VALUE OF APOLOGIES.
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Extraterritoriality and political heterogeneity in American federalism.
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Reflections on the National Ass'n of Insurance Commissioners and the implementation of the Patient Protection and Affordable Care Act.
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In the beginning: the first three Chief Justices.
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UNCONSTITUTIONAL CONDITIONS AND THE CONSTITUTIONAL TEXT.
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Against "individual risk": a sympathetic critique of risk assessment.
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POLICING AS GENERAL WARRANTS.
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Role models and the politics of recognition.
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Priority matters: absolute priority, relative priority, and the costs of bankruptcy.
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Shaming in corporate law.
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Beyond the international harmonization of trademark law: the community trade mark as a model of unitary transnational trademark protection.
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A NEW HURDLE TO INTERNATIONAL COOPERATION IN CRIMINAL INVESTIGATIONS: WHETHER FOREIGN GOVERNMENT-COMPELLED TESTIMONY IMPLICATES THE PRIVILEGE AGAINST SELF-INCRIMINATION.
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The need for speed and common sense: rewriting s. 365(c)(2) to recognize the practice of prepetition agreements for s. 364 debtor-in-possession financing.
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Sentencing: a role for empathy.
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The cost of closure: a reexamination of the theory and practice of the 1996 amendments to the Foreign Sovereign Immunities Act.
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International and U.S. obligation toward stowaway asylum seekers.
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Procedure, politics, prediction, and professors: a response to professors Burbank and Purcell.
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A response to Professor Resnick: Will this vehicle pass inspection?
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FEDERALISM, ERISA, AND STATE SINGLE-PAYER HEALTH CARE.
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Preserving judicial supremacy come Heller high water.
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"MISTAKES" IN WAR.
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The geography of the battlefield: a framework for detention and targeting outside the "hot" conflict zone.
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In the wake of the flood: "Like products" and cultural products after the World Trade Organization's decision in Canada Certain Measures Concerning Periodicals.
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Investor participation in initial public offerings.
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Jealous guardians in the psychedelic kingdom: federal regulation of electricity contracts in bankruptcy.
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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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Pro se paternalism: the contractual, practical, and behavioral cases for automatic reversal.
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Bankruptcy as a vehicle for resolving enterprise-threatening mass tort liability.
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Legal liability as climate change policy.
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Brand new law! The need to market health care reform.
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The Community Reinvestment Act reconsidered.
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Challenging law review dominance.
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POLITICS, IDENTITY, AND PLEADING DECISIONS ON THE U.S. COURTS OF APPEALS.
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"Fair value" as an avoidable rule of corporate law: minority discounts in conflict transactions.
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DISABILITY BENEFITS AS POVERTY LAW: REVISITING THE "DISABLED STATE".
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Law and the market: the impact of enforcement.
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Dealing with incommensurability for dessert and desert: comments on Chapman and Katz.
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An historical analysis of the binding effect of class suits.
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Music piracy and diminishing revenues: how compulsory licensing for interactive webcasters can lead the recording industry back to prominence.
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ANNOY NO COP.
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RACE, RECKONING, REFORM, AND THE LIMITS OF THE LAW OF DEMOCRACY.
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Musings on the dynamics of corporate governance issues, director liability concerns, corporate control transactions, ethics, and federalism.
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Preambles in treaty interpretation.
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SETTLING THE STAGGERED BOARD DEBATE.
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CLEANING CORPORATE GOVERNANCE.
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TO CATCH A SNOOPING SPOUSE: REEVALUATING THE ROOTS OF THE SPOUSAL WIRETAP EXCEPTION IN THE DIGITAL AGE.
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Six of one is not a dozen of the other: the size of state criminal juries.
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Admitting mental health evidence to impeach the credibility of a sexual assault complainant.
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Temporal imperialism.
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Tribute to the Honorable Edward R. Becker.
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Discretion in class certification.
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After deference: formalizing the judicial power for foreign relations law.
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The Song of Deborah: a legal-economic analysis.
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Quasi-property: like, but not quite property.
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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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Protecting, restoring, improving: incorporating therapeutic jurisprudence and restorative justice concepts into civil domestic violence cases.
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Exploding the class action agency costs myth: the social utility of entrepreneurial lawyers.
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THE POST-CHICAGO ANTITRUST REVOLUTION: A RETROSPECTIVE.(Symposium: The Post-Chicago Antitrust Revolution)
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A voice for liberty.
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Dangers of monetary commensurability: a psychological game model of contagion.
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The role of luck in the criminal law.
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Based upon: deriving plain meaning from the False Claims Act's jurisdictional bar.
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Faces in the courtroom.
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The judicial role in constraining presidential nonenforcement discretion: the virtues of an APA approach.
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The constitutionality of federal restrictions on the indemnification of attorneys' fees.
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Using Net Benefit Accounts to discipline agencies: a thought experiment.
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PRIVATE EQUITY, CONFLICTS, AND CHAPTER 11: THE THREE TYPES OF ATTORNEY CONFLICTS THAT UNDERMINE CORPORATE RESTRUCTURING.(COMMENT)
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INTRODUCTION.
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Pills and partisans: understanding takeover defenses.
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Interest groups and the problem with incrementalism.
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Making sense of Section 2: of biased votes, unconstitutional elections, and common law statutes.
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THE PROFICIENCY OF EXPERTS.
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Chief Judge Edward R. Becker: a truly remarkable judge.
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"In danger of becoming morally depraved": single black women, working-class black families, and New York state's wayward minor laws, 1917-1928.
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SYSTEMATIZING DISCRIMINATION: AI VENDORS & TITLE VII ENFORCEMENT.
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SCHOOL VOUCHERS, SPECIAL EDUCATION, AND THE SUPREME COURT.
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Information, innovation, and competition policy for the Internet.
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Unchecked presidential wars.
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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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BIGGER THAN TIKTOK: FOREIGN STATE-OWNED ENTERPRISES AND THE FIRST AMENDMENT.
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Elephants and mice revisited: law and choice of law on the internet.
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NASCENT COMPETITORS.(Symposium: The Post-Chicago Antitrust Revolution)
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Caught in the crossfire: a defense of the cultural theory of gun-risk perceptions.
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Within each lawyer's conscience a touchstone: law, morality, and attorney civil disobedience.
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Freedom of information beyond the Freedom of Information Act.
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Subsidizing fat: how the 2012 Farm Bill can address America's obesity epidemic.
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The geography of the battlefield: a framework for detention and targeting outside the 'hot' conflict zone.
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THE ARCHITECTURE OF JUDICIAL ETHICS.
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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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Getting away with murder: segregation and violent crime in urban America.
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Beyond Coase: emerging technologies and property theory.
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CONFLICTS OF LAW AND THE ABORTION WAR BETWEEN THE STATES.
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HIDDEN VALUE TRANSFERS IN PUBLIC UTILITIES.
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THE DECLINE OF SUPREME COURT DEFERENCE TO THE PRESIDENT.
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The conditions of pretrial detention.(Introduction through III. Guideposts from Related Areas of Supreme Court Case Law C. The Temporal Reach of the Fourth Amendment, p. 1009-1045)
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Reconsidering estoppel: patent administration and the failure of Festo.
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'BEST' INTERESTS AND 'BAD' PARENTS: IMMIGRATION AND CHILD WELFARE THROUGH THE LENS OF SIJS AND FOSTER CARE.
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Tribute to Leo Levin.
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BEYOND STRICKLAND PREJUDICE: WEAVER, BATSON, AND PROCEDURAL DEFAULT.
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Up for grabs: a workable system for the unilateral acquisition of chattels.
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Remembering Ed Baker.
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The futures problem.
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Of stars and proper alignment: scanning the heavens for the future of health care reform.
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Becoming gentlemen: women's experiences at one Ivy League law school.
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Desperately seeking numbers: global warming, species loss, and the use and abuse of quantification in climate change policy analysis.
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Whistling past the site: directors' and officers' personal liability for environmental decisions and the role of liability insurance coverage.
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SUFFICIENTLY CRIMINAL TIES: EXPANDING VAWA CRIMINAL JURISDICTION FOR INDIAN TRIBES.
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The PTO and the market for influence in patent law.
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UNIVERSITY of PENNSYLVANIA LAW REVIEW.(zoning law's impact on affordable housing)
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THE PRIVACY INTEREST IN PROPERTY.
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"Who they are - or were": middle-class welfare in the early New Deal.
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Vanguard states, laggard states: federalism and constitutional rights.
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OUR ADMINISTERED CONSTITUTION: ADMINISTRATIVE CONSTITUTIONALISM FROM THE FOUNDING TO THE PRESENT.
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THE BIRTH CERTIFICATE SOLUTION: ENSURING THE INTERSTATE RECOGNITION OF SAME-SEX PARENTAGE.
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SANCTIONS AND THE EMERGENCY CONSTITUTION.
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REDEFINING PROGRAM INTEGRITY: PROTECTING CONSUMERS AND SYSTEMS IN THE AFFORDABLE CARE ACT MARKETPLACES.
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The emerging circuit split over secondary meaning in trade dress law.
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THE DEFENDER GENERAL.
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JUSTIFYING BAD DEALS.
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Girls and the getaway: cars, culture, and the predicament of gendered space.
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The prospective effects of modifying existing law to accommodate preemptive self-defense by battered women.
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Helping buyers beware: the need for supervision of big retail.
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The toxic side effects of shareholder primacy.(response to articles in this issue, p. 1773 and 1907)
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Rationing without justice: children and the American health system.
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Products liability through private ordering: notes on a Japanese experiment.
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Some problems with taxpayer-funded political campaigns.
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Tailoring discovery: using nontranssubstantive rules to reduce waste and abuse.
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The rights of others: protection and advocacy organizations' associational standing to sue.
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Congress's Constitution.
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Why proportionality matters.
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"Ideology" or "situation sense"? An experimental investigation of motivated reasoning and professional judgment.
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Facebook, Twitter, and the uncertain future of present sense impressions.
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Federalism, regulatory lags, and the political economy of energy production.
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Law and the boundaries of technology-intensive firms.
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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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Secular idolatry and sacred traditions: a critique of the Supreme Court's secularization analysis.
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Protecting search terms as opinion work product: applying the work product doctrine to electronic discovery.
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Presidential signing statements: a new perspective.
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The river runs dry: when Title VI trumps state anti-affirmative action laws.
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Editorial and Subscription Policies.
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Confidentiality: a measured response to the failure of privacy.
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Neighborhood empowerment and the future of the city.(Introduction through II. Public Choice and the Jurisprudence of Neighborhood Empowerment, p. 939-969)
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PLAINLY INCOMPETENT: HOW QUALIFIED IMMUNITY BECAME AN EXCULPATORY DOCTRINE OF POLICE EXCESSIVE FORCE.
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The Rooker-Feldman doctrine: toward a workable role.
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Taming Twombly, even after Iqbal.
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Family law's doctrines.
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Patent nonuse and technology suppression: the use of compulsory licensing to promote progress.
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AMELIORATIVE CONSTITUTIONALISM.
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TRANSGENDER CONSTITUTIONAL LAW.
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Intuitive formalism in contract.
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INCREDIBLE WOMEN: SEXUAL VIOLENCE AND THE CREDIBILITY DISCOUNT.
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TIERS FOR THE ESTABLISHMENT CLAUSE.
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INEFFECTIVE ASSISTANCE OF PADILLA: EFFECTUATING THE CONSTITUTIONAL RIGHT TO CRIMMIGRATION COUNSEL.
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Judicial comparativism and judicial diplomacy.
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BRUEN WAS RIGHT.
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DISCOUNTING WOMEN: DOUBTING DOMESTIC VIOLENCE SURVIVORS' CREDIBILITY AND DISMISSING THEIR EXPERIENCES.
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Flashback to the Federal Analog Act of 1986: mixing rules and standards in the Cauldron.
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Technology and internet jurisdiction.
