University of Pennsylvania Law Review - page 5
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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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Nine takes on indeterminacy, with special emphasis on the criminal law.
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Current debates in the conflict of laws.
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The Duryodhana dilemma: United States v. A 10th Century Cambodian Sandstone Sculpture and a proposed code of ethics-based response to repatriation requests for auction houses.
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Norms & corporate law.
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Consumer expectations and access to health care.
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The elusive middle ground: a proposed constitutional speech restriction for judicial selection.
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What is the rule of recognition in the United States?
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STARTUP GOVERNANCE.
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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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A response to Professor Resnick: Will this vehicle pass inspection?
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Trampling the "marketplace of ideas": the case against extending Hazelwood to college campuses.
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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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Investor participation in initial public offerings.
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Action and crime: a fine-grained approach.
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INTEREST-BASED INCORPORATION: STATUTORY REALISM EXPLORING FEDERALISM, DELEGATION, AND DEMOCRATIC DESIGN.
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THE GLOBALIZATION OF ENTREPRENEURIAL LITIGATION: LAW, CULTURE, AND INCENTIVES.
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The new civil death: rethinking punishment in the era of mass conviction.
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Editorial and Subscription Policies.
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THE SHORT LIFE AND LONG AFTERLIFE OF THE MASS TORT CLASS ACTION.
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International and U.S. obligation toward stowaway asylum seekers.
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Rescuing trafficking from ideological capture: prostitution reform and anti-trafficking law and policy.
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Role models and the politics of recognition.
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Lawyer Sawyer.
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False campaign speech and the First Amendment.
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The Confirmation Mess: Cleaning up the Federal Appointment Process.
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Appraising the nonexistent: the Delaware courts' struggle with control premiums.
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Antitrust in zero-price markets: foundations.
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DIGITAL CIVIL PROCEDURE.
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Rationing of health care: inevitable and desirable.
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CONTEXT, CONTENT, INTENT: SOCIAL MEDIA'S ROLE IN TRUE THREAT PROSECUTIONS.
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Being fair to hierarchists.
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Doctrinal categories, legal realism, and the rule of law.
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Interest analysis in interjurisdictional marriage disputes.
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Litigation reform: an institutional approach.
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Counting the days gone by: a eulogy for former Rule 6(a)(2).
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Restoring religious freedom to the workplace: Title VII, RFRA and religious accommodation.
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Beyond powers and branches in separation of powers law.
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Sex trafficking and criminalization: in defense of feminist abolitionism.
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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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Combining deliberation and fair representation in community health decisions.
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No best answer?
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ANTI-LIBEL INJUNCTIONS.
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The machine author: what level of copyright protection is appropriate for fully independent computer-generated works?
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Maybe Publius was right: relying on merger price to determine fair value in Delaware appraisal cases.
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The 'monstrous heresy' of punitive damages: a comparison to the death penalty and suggestions for reform.
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The short and puzzling life of the "implicit minority discount" in Delaware appraisal law.
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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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Law and the market: the impact of enforcement.
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THE PAST AND FUTURE OF PROCEDURE SCHOLARSHIP.
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The situation: an introduction to the situational character, critical realism, power economics, and deep capture.
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THE AMERICANS WITH DISABILITIES ACT'S UNREASONABLE FOCUS ON THE INDIVIDUAL.
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Cutting waste by making rules: promises, pitfalls, and realistic prospects.
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Hope for the future? The asylum claims of women fleeing sexual violence in Guatemala.
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Scientific challenges in the attribution of harm to human influence on climate.
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Do class action lawyers make too little?
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CENTRAL CLEARING OF FINANCIAL CONTRACTS: THEORY AND REGULATORY IMPLICATIONS.
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Shifting sands: the limits of science in setting risk standards.
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The inefficiency of the no-duty-to-rescue rule and a proposed 'similar risk' alternative.
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Family law's doctrines.
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Incommensurable choices and the problem of moral ignorance.
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Six of one is not a dozen of the other: the size of state criminal juries.
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Motive crimes and other minds.
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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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Codifying custom.
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CLEANING CORPORATE GOVERNANCE.
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Professional judgment and the rationing of medical care.
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Old statutes, new problems.
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Triaging appointed-counsel funding and pro se access to justice.
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Intuitive formalism in contract.
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Patent nonuse and technology suppression: the use of compulsory licensing to promote progress.
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What's a constitution among friends? - Unbalancing Article III.
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AMERICA'S MISUNDERSTOOD CONSTITUTIONAL RIGHTS.
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Miranda deconstitutionalized: when the Self-Incrimination Clause and the Civil Rights Act collide.
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Disclosure norms.
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Informational regulation and informational standing: Akins and beyond.
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BAPCPA and bankruptcy direct appeals: the impact of procedural uncertainty on predictable precedent.
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Health insurance, risk, and responsibility after the Patient Protection and Affordable Care Act.
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Credit default swap spreads as viable substitutes for credit ratings.
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Privately legislated intellectual property rights: reconciling freedom of contract with public good uses of information.
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A taxonomy of privacy.
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Presidential settlements.
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Reconceptualizing criminal law defenses.
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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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Judges, behavioral scientists, and the demands of humanity.
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ADMINISTRATIVE CONSTITUTIONALISM AT THE 'BORDERS OF BELONGING': DRAWING ON HISTORY TO EXPAND THE ARCHIVE AND CHANGE THE LENS.
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Is the Federal Circuit succeeding? An empirical assessment of judicial performance.
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Stacking the deck: futility and the exhaustion provision of the Prison Litigation Reform Act.
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The failure of immigration appeals.
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Dynamic Statutory Interpretation.
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The power to privilege.
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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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COMPETITION LAW AS COMMON LAW: AMERICAN EXPRESS AND THE EVOLUTION OF ANTITRUST.
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Poverty law and community activism: notes from a law school clinic.
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The gravitational force of federal law.
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Passing through the door: social movement literature and legal scholarship.
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DIALOGIC DUE PROCESS.
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Exorcising McCulloch: the conflict-ridden history of American banking nationalism and Dodd-Frank preemption.
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Judicial priorities.
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The domain of preference.
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On being a religious professional: the religious turn in professional ethics.
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When 10 trials are better than 1000: an evidentiary perspective on trial sampling.
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Unilateral settlements and retroactive transfers: a problem of copyright co-ownership.
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The moral of MacPherson.
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Prospective self-denial: can consumers contract today to accept health care rationing tomorrow?
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Excluding religion.
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Becoming gentlemen: women's experiences at one Ivy League law school.
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Health reform and public health: will good policies but bad politics combine to produce bad policy?
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SECURITIES LIABILITY AND THE ROLE OF D&O INSURANCE IN REGULATING INITIAL COIN OFFERINGS.
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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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Helping buyers beware: the need for supervision of big retail.
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Trust and online interaction.
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Norms and the theory of the firm.
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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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Timing and form of federal regulation: the case of climate change.
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Comparison and the justification of choice.
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Comments on Alex M. Johnson, Jr.'s 'Destabilizing race.' (in this issue, p. 1595)(Symposium - Shaping American Communities: Segregation, Housing & the Urban Poor)
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SUFFICIENTLY CRIMINAL TIES: EXPANDING VAWA CRIMINAL JURISDICTION FOR INDIAN TRIBES.
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Mixing up the medicine: a remedy for constitutional inter-clause conflicts and the case of the anti-bootlegging statutes.
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A public health approach to regulating firearms as consumer products.
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Vows to collide: the burgeoning conflict between religious institutions and same-sex marriage antidiscrimination laws.
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The inexorable radicalization of textualism.
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Replacing independent counsels with congressional investigations.
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HAPPY 50TH ANNIVERSARY, RULE 23! SHOULDN'T WE KNOW YOU BETTER AFTER ALL THIS TIME?
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Sovereign debt restructuring: statutory reform or contractual solution?
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Global climate change control: is there a better strategy than reducing greenhouse gas emissions?
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The spatial bias of federal housing law and policy: concentrated poverty in urban America.
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ARBITRARINESS REVIEW AND CLIMATE CHANGE.
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CONTESTED VISIONS: THE VALUE OF SYSTEMS THEORY FOR CORPORATE LAW.
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Reconnecting doctrine and purpose: a comprehensive approach to strict scrutiny after Adarand and Shaw.
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THE PARENT TRAP: REBALANCING PARALLEL ENFORCEMENT BETWEEN CHILD PROTECTIVE SERVICES AND LAW ENFORCEMENT.
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Remedying a particularized form of discrimination: why disabled plaintiffs can and should bring claims for police misconduct under the Americans with Disabilities Act.
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Commentary on class settlements under attack.
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Relational tax planning under risk-based rules.
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Circuit effects: how the norm of federal judicial experience biases the Supreme Court.
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Forum shopping for arbitration decisions: federal courts' use of antisuit injunctions against state courts.
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HOW RELATIONAL CONTRACTING CAN ADDRESS MEDICAID LONG-TERM CARE'S ACCOUNTABILITY CRISIS.
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Unconscionability as a coherent legal concept.
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A constitutional analysis of Kendra's Law: New York's solution for treatment of the chronically mentally ill.
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Appended post-passage Senate Judiciary Committee report: unlikely "legislative history" for interpreting section 5 of the Reauthorized Voting Rights Act.
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Health care reform's wild card: the uncertain effectiveness of comparative effectiveness research.
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ABSTAINING FROM ABSTENTION: WHY YOUNGER ABSTENTION DOES NOT APPLY IN 42 U.S.C [section] 1983 BAIL LITIGATION.
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Construing Crane: examining how state courts have applied its lack-of-control standard.
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Bearing false witness: the Clinton impeachment and the future of academic freedom.
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Beyond economic fatherhood: encouraging divorces fathers to parent.
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Our antitotalitarian Constitution and the right to identity.
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Dialogic federalism: constitutional possibilities for incorporation of human rights law in the United States.
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Dodd-Frank orderly liquidation authority: too big for the constitution?
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Collateral review of remand orders: reasserting the supervisory role of the Supreme Court.
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How corporate governance is made: the case of the golden leash.
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Mutual assent versus gradual ascent: the debate over the right to retract.
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A national study of access to counsel in immigration court.
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Professors and politics.
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HORIZONTAL CHOICE OF LAW IN FEDERAL COURT.
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Trust, guilt, and securities regulation.
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Do the merits matter? Empirical evidence on shareholder suits from options backdating litigation.
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The shareholder wealth maximization norm and industrial organization.
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The no-retraction principle and the morality of negotiations.
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Action and aberration.
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VEIL PEEKING: THE CORPORATION AS A NEXUS FOR REGULATION.
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TAXING THE GIG ECONOMY.
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Aggregation and settlement of mass torts.
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DEFENDING ESG: A NEW STANDARD OF REVIEW FOR DEFENSIVE MEASURES THAT IMPACT ESG RATINGS.
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Beyond maturity: mass tort case management in the Manual for Complex Litigation.
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Pills and partisans: understanding takeover defenses.
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Geoffrey C. Hazard, Jr.: director exemplar of the American Law Institute.
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Reconstructing the establishment clause: the case against discretionary accommodation of religion.
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Geoffrey C. Hazard, Jr.: a curious American.
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Insider trading via the corporation.
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Did TRIPs spur innovation? An analysis of patent duration and incentives to innovate.
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Federalism and families.
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Contracts without consent: exploring a new basis for contractual liability.
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Institutional shareholders, private equity, and antitakeover protection at the IPO stage.
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IN HONOR OF STEPHEN BURBANK: BEYOND THE FOREST AND THE TREES.
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The decisional significance of the Chief Justice.
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Behaviorial international law.
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THE RIGHT TO PETITION AS ACCESS AND INFORMATION.
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Defending a sentence: the judicial establishment of sentencing entrapment and sentencing manipulation defenses.
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What's the bid deal? Can the Grand Central Business Improvement District serve a special limited purpose?
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Structural corporate degradation due to too-big-to-fail finance.
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CONFLICTS OF LAW AND THE ABORTION WAR BETWEEN THE STATES.
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Rebuilding bridges: the bar, the bench, and the academy.
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A time-honored model for the profession and the academy.
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Making credit safer.
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Subsidizing fat: how the 2012 Farm Bill can address America's obesity epidemic.
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Unraveling the global warming regime complex: competitive entrophy in the regulation of the global public good.
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THE DECLINE OF SUPREME COURT DEFERENCE TO THE PRESIDENT.
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Selling state borders.
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Booker rules.
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Fraud in the new-issues market: empirical evidence on securities class actions.
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Preambles in treaty interpretation.
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IMPOVERISHMENT BY TAXATION.
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The desirability of punitive damages in securities arbitration: challenges facing the industry regulators in the wake of Mastrobuono.
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Has the Erie doctrine been repealed by Congress?
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Judicial priorities.
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The darker side of nonprofits: when charities and social welfare groups become political slush funds.
