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University of Pennsylvania Law Review - page 4

Foreword.
'BEST' INTERESTS AND 'BAD' PARENTS: IMMIGRATION AND CHILD WELFARE THROUGH THE LENS OF SIJS AND FOSTER CARE.
THE RADICAL-INCREMENTAL CHANGE DEBATE, RACIAL JUSTICE, AND THE POLITICAL ECONOMY OF TEACHERS' CHOICE.
Protecting "donor intent" in charitable foundations: wayward trusteeship and the Barnes Foundation.
Tribute to Judge Norma L. Shapiro.
THE HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS: A CRITICAL ASSESSMENT.
Are verdicts, too, like sausages? Lifting the cloak of jury secrecy.
Case studies, counterfactuals, and causal explanations.
A theory of preferred stock.
DISENFRANCHISEMENT, DEMOCRACY, AND INCARCERATION: A LEGISLATIVE END TO FELONY DISENFRANCHISEMENT IN UNITED STATES PRISONS.
THE INTERIOR STRUCTURE OF IMMIGRATION ENFORCEMENT.
Regulating against bubbles: how mortgage regulation can keep Main Street and Wall Street safe - from themselves.
DELEGATING FOR TRUST.
Prudence and constitutional rights.
THE SUPREME COURT'S "NON-TRANSSUBSTANTIVE" CLASS ACTION.
The deceptive nature of rules.
Take care that the laws be faithfully litigated.
THE CORROSIVE EFFECT OF INEVITABLE DISCOVERY ON THE FOURTH AMENDMENT.
Sentencing guidelines at the crossroads of politics and expertise.
When is a tweet not an admissible tweet? Closing the authentication gap in the Federal Rules of Evidence.
INFINITE ARBITRATION CLAUSES.
Decentralized law for a complex economy: the structural approach to adjudicating the new law merchant.
Copyright as trade regulation.
Law, incommensurability, and expression.
The failure of immigration appeals.
The constitutional standing of corporations.
Immigration law's organizing principles.
Merchant law in a merchant court: rethinking the Code's search for immanent business norms.
A new copyright order: why national courts should create global norms.
Switching time and other thought experiments: the Hughes Court and constitutional transformation.
Labor and lemons: efficient norms in the internal labor market and the possible failures of individual contracting.
Uniformity, federalism, and tort reform: the Erie implications of medical malpractice certificate of merit statutes.
The puzzling divergence of corporate law: evidence and explanations from Japan and the United States.
Where inner-city students live versus how they learn.
Protest, repression, and race: legal violence and the Chicano movement.
Standing outside of Article III.
Just health care rationing: a democratic decisionmaking approach.
RETRIBUTIVE EXPUNGEMENT.
Black rage and the criminal law: a principled approach to a polarized debate.
CLASS ACTIONS AND THE COUNTERREVOLUTION AGAINST FEDERAL LITIGATION.
Culpability and control.
Lasting legislation.
From "publish or perish" to "profit or perish": revenues from university technology transfer and the s. 501(c)(3) tax exemption.
Managing the urban commons.
NONPARTY INTERESTS IN CONTRACT LAW.
Reducing crime by shaping the built environment with zoning: an empirical study of Los Angeles.
Making champerty work: an invitation to state action.
Housing and the justification of school segregation.
The changing shape of federal civil pretrial practice: the disparate impact on civil rights and employment discrimination cases.
THE CONGRESSIONAL BUREAUCRACY.
The sedimentary Constitution.
Million-dollar mountains: prices, sanctions, and the legal regulation of collective social and environmental goods.
Adapting to the new shareholder-centric reality.
You can't sell your firm and own it too: disallowing dual-class stock companies from listing on the securities exchanges.
Expressive theories of law: a skeptical overview.
Reuniting 'is' and 'ought' in empirical legal scholarship.
Federalism and interstate environmental externalities.
Defying one-person, one-vote: prisoners and the "usual residence" principle.
Hail, no: changing the Chief Justice.
The First Amendment gone awry: City of Erie v. Pap's A.M., ailing analytical structures, and the supression of protected expression.
Consent is not enough: why states must respect the intensity threshold in transnational conflict.
Paradoxes of the safe society: a rational actor approach to the reconceptualization of risk and the reformation of risk regulation.
ADMINISTRATIVE CONSTITUTIONALISM AND THE NORTHWEST ORDINANCE.
The plain meaning of section 365(c): the tension between bankruptcy and patent law in patent licensing.
Regulatory rationing: a solution to health care resource allocation.
Judicial comparativism and judicial diplomacy.
Image is everything: corporate branding and religious accommodation in the workplace.
PROTECTING RENTERS FROM FLOOD LOSS.
The state and the "psycho ex-wife": parents' rights, children's interests, and the First Amendment.
CORPORATE BANKRUPTCY HYBRIDITY.
Indigenous peoples' courts: egalitarian juridical pluralism, self-determination, and the United Nations declaration on the rights of indigenous peoples.
The anonymity tool.
Toward a Pigouvian state.
PRIVATIZATION, PUBLIC COMMONS, AND THE TAKINGSIFICATION OF ENVIRONMENTAL LAW.
Think globally, act globally: the limits of local climate policies.
Beyond the precautionary principle.
Ending the patenting monopoly.
The elusive quest for global governance standards.
Constitutional colorblindness and the family.
AVAILABILITY OF TOLLING IN A PRESIDENTIAL PROSECUTION.
Rationality analysis in antitrust.
Contracting over liability: medical malpractice and the cost of choice.
Dodd-Frank orderly liquidation authority: too big for the Constitution?
Quality, not quantity: an analysis of confidential settlements and litigants' economic incentives.
An economic analysis of search and seizure law.
The law of democracy.
Public funding and democratic elections.
Governing through owners: how and why formal private property rights enhance state power.
Much ado about newsgathering: personal privacy, law enforcement, and the law of unintended consequences for anti-paparazzi legislation.
Musings on the dynamics of corporate governance issues, director liability concerns, corporate control transactions, ethics, and federalism.
Preambles in treaty interpretation.
SETTLING THE STAGGERED BOARD DEBATE.
Pervasive image capture and the First Amendment: memory, discourse, and the right to record.
A PROSECUTORIAL SOLUTION TO THE CRIMINALIZATION OF HOMELESSNESS.
The constitutional standing of corporations.
Making constitutional doctrine in a realist age.
On the expressive function of law.
Making parents pay: interstate child support enforcement after United States v. Lopez.
Buckley is dead, long live Buckley: the new campaign finance incoherence of McConnell v. Federal Election Commission.
An economic analysis of search and seizure law.
UNORTHODOX CIVIL PROCEDURE: MODERN MULTIDISTRICT LITIGATION'S PLACE IN THE TEXTBOOK UNDERSTANDINGS OF PROCEDURE.
Dealing with incommensurability for dessert and desert: comments on Chapman and Katz.
Towards a cosmopolitan vision of conflict of laws: redefining governmental interests in a global era.
Rethinking summary judgment empirics: the life of the parties.
Between rights and contract: arbitration agreements and non-compete covenants as a hybrid form of employment law.
Explaining Grutter v. Bollinger.
Establishing rights without remedies? Achieving an effective civil Gideon by avoiding a civil Strickland.
The political economy of fraud on the market.
Investment, information, and promissory liability.
Court competition for patent cases.
The emergence of self-directed work teams and their effect on Title VII law.
COPYRIGHT AS LEGAL PROCESS: THE TRANSFORMATION OF AMERICAN COPYRIGHT LAW.
Procedure, politics, prediction, and professors: a response to professors Burbank and Purcell.
Implicit bias as social-framework evidence in employment discrimination.
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.
On the supposed jury-dependence of evidence law.
Priority matters: absolute priority, relative priority, and the costs of bankruptcy.
Against "individual risk": a sympathetic critique of risk assessment.
Extraterritoriality and political heterogeneity in American federalism.
Integrating accommodation.
Federalism, regulatory lags, and the political economy of energy production.
Absolute preferences and relative preferences in property law.
CHURCH TAXES AND THE ORIGINAL UNDERSTANDING OF THE ESTABLISHMENT CLAUSE.
Reflections on the National Ass'n of Insurance Commissioners and the implementation of the Patient Protection and Affordable Care Act.
The actus reus of Dr. Caligari.
The future of medical marijuana: should the states grow their own?
Machine speech.
How the merits matter: directors' and officers' insurance and securities settlements.
Race as identity caricature: a local legal history lesson in the salience of intraracial conflict.
RACE, RECKONING, REFORM, AND THE LIMITS OF THE LAW OF DEMOCRACY.
Four conceptions of insurance.
SMART CONTRACTS AND THE COST OF INFLEXIBILITY.
The surprising finding that "cultural worldviews" don't explain people's views on gun control.
POLITICS, IDENTITY, AND PLEADING DECISIONS ON THE U.S. COURTS OF APPEALS.
Combining constitutional clauses.
From health care law to the social determinants of health: a public health law research perspective.
Redistricting and the territorial community.
SUBSTANCE AND PROCEDURE IN LOCAL ADMINISTRATIVE LAW.
Alternative career resolution II: changing the tenure of Supreme Court Justices.
Leaving the bench, 1970-2009: the choices federal judges make, what influences those choices, and their consequences.
Making Indians 'white': the judicial abolition of native slavery in revolutionary Virginia and its racial legacy.
Norma Levy Shapiro.
The property matrix: an analytical tool to answer the question, "is this property?"
Choice of law in fraudulent joinder litigation.
The case for imperfect enforcement of property rights.
Battered women and self-defense: myths and misconceptions in current reform proposals.
Antitrust in zero-price markets: foundations.
NASCENT COMPETITORS.
For all intents and purposes: what collective intention tells us about Congress and statutory interpretation.
Inverting the First Amendment.
Strategy and constraints on Supreme Court opinion assignment.
Technologies of protest: insurgent social movements and the First Amendment in the era of the Internet.
Frequency and success: an empirical study of criminal law defenses, federal constitutional evidentiary claims, and plea negotiations.
Constitutional colorblindness and the family.
THE ROAD TO TRANSPORTATION JUSTICE: REFRAMING AUTO SAFETY IN THE SUV AGE.
A riff on fair use in the Digital Millennium Copyright Act.
Toward a Pigouvian state.
Health insurers' assessment of medical necessity.
Equality of opportunity and investment in creditworthiness.
Home visiting and family values: the powers of conversation, touching, and soap.
VoIP and pay-to-play: broadband's attempt to push away direct competition.
Judicial comparativism and judicial diplomacy.
Assessing the proper relationship between the Alien Tort Statute and the Torture Victim Protection Act.
INEFFECTIVE ASSISTANCE OF PADILLA: EFFECTUATING THE CONSTITUTIONAL RIGHT TO CRIMMIGRATION COUNSEL.
INCREDIBLE WOMEN: SEXUAL VIOLENCE AND THE CREDIBILITY DISCOUNT.
Image is everything: corporate branding and religious accommodation in the workplace.
The limited significance of norms for corporate governance.
Organized illusions: a behavioral theory of why corporations mislead stock market investors (and cause other social harms).
Limited times: rethinking the bounds of copyright protection.
Pitfalls of housing redistribution.
The failure of mandated disclosure.
The dark side of efficiency: Johnson v. M'Intosh and the expropriation of American Indian lands.
A national study of access to counsel in immigration court.
Deciding by default.
What was it like to try a rat?
The puzzle of complete preemption.
The Chief Justice's special authority and the norms of judicial power.
"Fair value" as an avoidable rule of corporate law: minority discounts in conflict transactions.
From Japan to Afghanistan: the U.S.-Japan joint security relationship, the war on terror, and the ignominious end of the pacifist state?
PATENTING AROUND FAILURE.
The multienforcer approach to securities fraud deterrence: a critical analysis.
The construction of responsibility in the criminal law.
A sense of purpose: the role of law enforcement in foreign intelligence surveillance.
"VITAL" STATE INTERESTS: FROM REPRESENTATIVE ACTIONS FOR FAIR LABOR STANDARDS TO POOLED TRUSTS, CLASS ACTIONS, AND MDLS IN THE FEDERAL COURTS.
Class action notice in the digital age.
The niqab in the courtroom: protecting free exercise of religion in a post-Smith world.
Law, economics, and inefficient norms.
The meaning of "general laws": the extent of Congress's power under the Full Faith and Credit Clause and the constitutionality of the Defense of Marriage Act.
Improving the patent system by encouraging intentional infringement: the beneficial use standard of patents.
Deliberation and strategy on the United States Courts of Appeals: an empirical exploration of panel effects.
Rodrigo's ninth chronicle: race, legal instrumentalism, and the rule of law.
Instrumental commensurability.
Equal access and the right to marry.
Max Rosenn: an ideal appellate judge.
On competence, legitimacy, and proportionality.
The strategic basis of principled behavior: a critique of the incommensurability thesis.
Up for grabs: a workable system for the unilateral acquisition of chattels.
The metaphor is the key: cryptography, the Clipper Chip, and the Constitution.
Convicts and convictions: some lessons from transportation for health reform.
THE AMORPHOUS STUDENT-UNIVERSITY CONTRACT: ORIGINS, DEVELOPMENT, AND THE NEED FOR STATE OVERSIGHT.

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