University of Pennsylvania Law Review - page 5
-
Relational tax planning under risk-based rules.
-
Unconscionability as a coherent legal concept.
-
The emerging circuit split over secondary meaning in trade dress law.
-
Appended post-passage Senate Judiciary Committee report: unlikely "legislative history" for interpreting section 5 of the Reauthorized Voting Rights Act.
-
Health care reform's wild card: the uncertain effectiveness of comparative effectiveness research.
-
ABSTAINING FROM ABSTENTION: WHY YOUNGER ABSTENTION DOES NOT APPLY IN 42 U.S.C [section] 1983 BAIL LITIGATION.
-
Bearing false witness: the Clinton impeachment and the future of academic freedom.
-
Beyond economic fatherhood: encouraging divorces fathers to parent.
-
OUR ADMINISTERED CONSTITUTION: ADMINISTRATIVE CONSTITUTIONALISM FROM THE FOUNDING TO THE PRESENT.
-
Regulating patient safety: the Patient Protection and Affordable Care Act.
-
Improving the patent system by encouraging intentional infringement: the beneficial use standard of patents.
-
Circuit effects: how the norm of federal judicial experience biases the Supreme Court.
-
VALUATION DISPUTES IN CORPORATE BANKRUPTCY.
-
Leaving the bench, 1970-2009: the choices federal judges make, what influences those choices, and their consequences.
-
Redeeming the missed opportunities of Shady Grove.
-
Challenging law review dominance.
-
DISAGGREGATING THE POLICING FUNCTION.
-
CHOICE OF LAW AND JURISDICTIONAL POLICY IN THE FEDERAL COURTS.
-
"Viewer discretion is advised": a structural approach to the issue of television violence.
-
Harmonizing regulatory and litigation approaches to climate change mitigation: incorporating tradable emissions offsets into common law remedies.
-
Ethics matters, too: the significance of professional regulation of attorney fees and costs in mass tort litigation.
-
THE COLLAPSE OF THE FEDERAL RULES SYSTEM.
-
Choice of law in fraudulent joinder litigation.
-
PRETEXTUAL PREEMPTION: THE MODERN WEAPONIZATION OF PREEMPTION IN THE REGULATION OF CONCENTRATED ANIMAL FARMING OPERATIONS.
-
The power to privilege.
-
On the economy of concepts in property.
-
Subverting the American dream: government dictated "smart growth" is unwise and unconstitutional.
-
Jurisdiction and the federal rules: why the time has come to reform finality by inequitable deadlines.
-
The first disestablishment: limits on church power and property before the Civil War.
-
Is libel law worth reforming?
-
The first disestablishment: limits on church power and property before the Civil War.
-
Party autonomy and two-party electoral competition.
-
PLAINLY INCOMPETENT: HOW QUALIFIED IMMUNITY BECAME AN EXCULPATORY DOCTRINE OF POLICE EXCESSIVE FORCE.
-
Implicit redefinitions, evidentiary proscriptions, and guilty minds: intoxicated wrongdoers.
-
DISCOUNTING WOMEN: DOUBTING DOMESTIC VIOLENCE SURVIVORS' CREDIBILITY AND DISMISSING THEIR EXPERIENCES.
-
Cruel and unusual construction: the Eighth Amendment as a limit on building prisons on toxic waste sites.
-
"We live's in a free house such as it is": class and the creation of modern civil rights.
-
Taking private ordering seriously.
-
War everywhere: rights, national security law, and the law of armed conflict in the age of terror.
-
Double helix, double bind: factual innocence and postconviction DNA testing.
-
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.
-
Checkbook journalism, free speech and fair trials.
-
SMART CONTRACTS AND THE COST OF INFLEXIBILITY.
-
THE SPECIFICATION POWER.
-
FRAGILITY, NOT SUPERIORITY? ASSESSING THE FAIRNESS OF SPECIAL RELIGIOUS PROTECTIONS.
-
Redistricting and the territorial community.
-
The privatization of process: requiem for and celebration of the Federal Rules of Civil Procedure at 75.
-
Devising an artful tax: an appraisal of payment-in-kind income taxes in Mexico and the United Kingdom.
-
Behaviorial international law.
-
DISABILITY REPRODUCTIVE JUSTICE.
-
Can the states keep secrets from the federal government?
-
Preserving facts, form, and function when a deaf witness with minimal language skills testifies in court.
-
The futures problem.
-
How should punitive damages work?
-
REFRAMING THE "DESERVING" TENANT: THE ABOLITION OF A POLICED PUBLIC HOUSING.
-
THE ROAD TO TRANSPORTATION JUSTICE: REFRAMING AUTO SAFETY IN THE SUV AGE.
-
Are international capital adequacy rules adequate? The Basle Accord and beyond.
-
The influence of amicus curiae briefs on the Supreme Court.
-
The forest and the trees: sustainable development and human rights in the context of Cambodia.
-
Pitfalls of housing redistribution.
-
The function of Article V.
-
GAMING CERTIORARI.
-
Our antitotalitarian Constitution and the right to identity.
-
Blowing the whistle on consumer financial abuse.
-
The constraint of legal doctrine.
-
The character of Max Rosenn.
-
Restoring health to health reform: integrating medicine and public health to advance the population's well-being.
-
Principles, practices, and social movements.
-
Litigating Article III standing: a proposed solution to the serious (but unrecognized) separation of powers problem.
-
The Class Action Fairness Act of 2005 in historical context: a preliminary view.
-
"Ideology" or "situation sense"? An experimental investigation of motivated reasoning and professional judgment.
-
Provisionally permanent? Keeping temporary custody orders temporary under the Hague Convention on International Child Abduction.
-
Making parents pay: interstate child support enforcement after United States v. Lopez.
-
The central mistake of sex discrimination law: the disaggregation of sex from gender.
-
Allocating responsibility for the failure of global warming policies.
-
Climate change and international human rights litigation: a critical appraisal.
-
Dialogic federalism: constitutional possibilities for incorporation of human rights law in the United States.
-
The President and the detainees.
-
Norms of communication and commodification.
-
The no-retraction principle and the morality of negotiations.
-
THE ILLUSORY COVERAGE DOCTRINE: A CRITICAL REVIEW.
-
OUR PRINCIPLED CONSTITUTION.
-
Contracts without consent: exploring a new basis for contractual liability.
-
Institutional shareholders, private equity, and antitakeover protection at the IPO stage.
-
IN HONOR OF STEPHEN BURBANK: BEYOND THE FOREST AND THE TREES.
-
The decisional significance of the Chief Justice.
-
The emergence of self-directed work teams and their effect on Title VII law.
-
Behaviorial international law.
-
THE RIGHT TO PETITION AS ACCESS AND INFORMATION.
-
Incommensurable goods, rightful lies, and the wrongness of fraud.
-
Toward a cooperative strategy for federal and state judges in mass tort litigation.
-
THE ANTI-TENANCY DOCTRINE.
-
Expressive theories of law: a general restatement.
-
Rediscovering Blackstone.
-
Judicial comparativism and judicial diplomacy.
-
Helping buyers beware: the need for supervision of big retail.
-
Incommensurability, welfare economics, and the law.
-
Guantanamo and the conflict of laws: Rasul and beyond.
-
DYNAMIC LEGISLATION.
-
Six of one is not a dozen of the other: the size of state criminal juries.
-
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)
-
Solar-backed securities: opportunities, risks, and the specter of the subprime mortgage crisis.
-
Establishing rights without remedies? Achieving an effective civil Gideon by avoiding a civil Strickland.
-
CENTERING WHITENESS AND ENTRENCHING THE MYTH OF RACE-NEUTRAL ALTERNATIVES TO AFFIRMATIVE ACTION.
-
Defending a sentence: the judicial establishment of sentencing entrapment and sentencing manipulation defenses.
-
On the expressive function of law.
-
Incommensurability: truth or consequences.
-
Tribute to Judge Norma Levy Shapiro.
-
Lessons from Bosnia's Arizona market: harm to women in a neoliberalized postconflict reconstruction process.
-
Inclusive boundaries and other (im)possible paths towards community development in a global world.
-
How to avoid implementing today's wrong policies to solve yesterday's corporate governance problems.
-
IS SUNLIGHT THE BEST DISINFECTANT? REASSESSING BEPS ACTION 5'S TAX RULING TRANSPARENCY.
-
Key issues in the resettlement of formerly trafficked persons in the United States.
-
The Class Action Fairness Act in perspective: the old and the new in federal jurisdictional reform.
-
What's the bid deal? Can the Grand Central Business Improvement District serve a special limited purpose?
-
Structural corporate degradation due to too-big-to-fail finance.
-
Rebuilding bridges: the bar, the bench, and the academy.
-
THE DECLINE OF SUPREME COURT DEFERENCE TO THE PRESIDENT.
-
Fraud in the new-issues market: empirical evidence on securities class actions.
-
Preambles in treaty interpretation.
-
IMPOVERISHMENT BY TAXATION.
-
The desirability of punitive damages in securities arbitration: challenges facing the industry regulators in the wake of Mastrobuono.
-
The one-Congress fiction in statutory interpretation.
-
Judicial priorities.
-
Corporations without labor: the politics of progressive corporate law.
-
The darker side of nonprofits: when charities and social welfare groups become political slush funds.
-
THE ARCHITECTURE OF JUDICIAL ETHICS.
-
Democracy in the wake of the California recall.
-
Liberalized immigration as free trade: economic welfare and the optimal immigration policy.
-
The geography of the battlefield: a framework for detention and targeting outside the 'hot' conflict zone.
-
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.
-
Reasonable emissions of greenhouse gases: efficient abatement for a stock pollutant.
-
VESTED RIGHTS, "FRANCHISES," AND THE SEPARATION OF POWERS.
-
Negligence in the air: the duty of care in climate change litigation.
-
CAPITALISM DISABLES: THE CASE OF WORKERS' COMPENSATION LAWS.
-
Prison vouchers.
-
THE FAITH OF MY FATHERS.
-
Advocacy revalued.
-
Resurrection from a death sentence: why capital sentences should be commuted upon the occasion of an authentic ethical transformation.
-
THE CORPORATE PRACTICE OF GERRYMANDERING THE VOTING RIGHTS OF COMMON STOCKHOLDERS AND THE CASE FOR MEASURED REFORM.
-
NASCENT COMPETITORS.
-
A "public assets" theory of lawyers' pro bono obligations.
-
Freedom from religion: RLUIPA, religious freedom and representative democracy on trial.
-
Beyond Coase: emerging technologies and property theory.
-
Realism and revolution in conflict of laws: in with a bang and out with a whimper.
-
A new approach to insanity acquittee recidivism: redefining the class of truly responsible recidivists.
-
Caught in the crossfire: a defense of the cultural theory of gun-risk perceptions.
-
IPO liability and entrepreneurial response.
-
NATIONAL PARKS, INCORPORATED.
-
Trampling the "marketplace of ideas": the case against extending Hazelwood to college campuses.
-
Combining constitutional clauses.
-
The cost of closure: a reexamination of the theory and practice of the 1996 amendments to the Foreign Sovereign Immunities Act.
-
Freedom of information beyond the Freedom of Information Act.
-
Within each lawyer's conscience a touchstone: law, morality, and attorney civil disobedience.
-
"Fair value" as an avoidable rule of corporate law: minority discounts in conflict transactions.
-
Are clinical ethics consultants in danger? An analysis of the potential legal liability of individual clinical ethicists.
-
Resurrecting the white primary.
-
Has the Erie doctrine been repealed by Congress?
-
Unraveling the global warming regime complex: competitive entrophy in the regulation of the global public good.
-
Making credit safer.
-
A time-honored model for the profession and the academy.
-
JUVENILE DUE PROCESS: APPLYING CONTRACT PRINCIPLES TO ENSURE VOLUNTARY CRIMINAL CONFESSIONS.
-
Exorcising McCulloch: the conflict-ridden history of American banking nationalism and Dodd-Frank preemption.
-
THE EXECUTIVE POWER CLAUSE.
-
On competence, legitimacy, and proportionality.
-
CAFA's impact on class action lawyers.
-
Deadlines in administrative law.
-
The heroic nature of tax lawyers.
-
The divided states of America: reinterpreting Title VII's national origin provision to account for subnational discrimination within the United States.
-
'n' guilty men.
-
Toward a constitutional Chevron: lessons from Rapanos.
-
The surprising finding that "cultural worldviews" don't explain people's views on gun control.
-
Accountable algorithms.
-
SALVAGING THE LAW OF PATENT VENUE: BRUNETTE, TC HEARTLAND, AND THE VENUE CLARIFICATION ACT.
-
A dose of reality for specialized courts: lessons from the VICP.
-
Booker rules.
-
Selling state borders.
-
Subsidizing fat: how the 2012 Farm Bill can address America's obesity epidemic.
-
Escaping battered credit: a proposal for repairing credit reports damaged by domestic violence.
-
Growing pains in the administrative state: the Patent Office's troubled quest for managerial control.
-
Technology and uncertainty: the shaping effect on copyright law.
-
Reconsidering estoppel: patent administration and the failure of Festo.
-
CONFLICTS OF LAW AND THE ABORTION WAR BETWEEN THE STATES.
-
Making progress the old-fashioned way.
-
A contractarian critique of the theory of auto-limitation: the fundamental law of international relations.
-
The exclusion and detention of aliens: lessons from the lives of Ellen Knauff and Ignatz Mezei.
-
Scaling the wall and running the mile: the role of physical-selection procedures in the disparate impact narrative.
-
The constitutionality of international courts: the forgotten precedent of slave-trade tribunals.
-
Of stars and proper alignment: scanning the heavens for the future of health care reform.
-
Are hate-speech rules constitutional heresy? A reply to Steven Gey.
-
War torts: accountability for autonomous weapons.
-
Want less ideology on the federal bench? Pay judges more.
-
Default rules, wealth distribution, and corporate law reform: employment at will versus job security.
-
Is there an act requirement in the criminal law?
-
Protocol layering and Internet policy.
-
To benefit or not to benefit: mutually induced consideration as a test for the legality of unpaid internships.
-
DISABILITY AS METAPHOR IN AMERICAN LAW.
-
Information, innovation, and competition policy for the Internet.
-
Cybercrime litigation.
-
Prosecutorial regulation versus prosecutorial accountability.
