University of Pennsylvania Law Review - page 6
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SALVAGING THE LAW OF PATENT VENUE: BRUNETTE, TC HEARTLAND, AND THE VENUE CLARIFICATION ACT.
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THE CORPORATE PRACTICE OF GERRYMANDERING THE VOTING RIGHTS OF COMMON STOCKHOLDERS AND THE CASE FOR MEASURED REFORM.
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Toward a constitutional Chevron: lessons from Rapanos.
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Reconsidering estoppel: patent administration and the failure of Festo.
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Deadlines in administrative law.
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A "public assets" theory of lawyers' pro bono obligations.
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Freedom from religion: RLUIPA, religious freedom and representative democracy on trial.
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Within each lawyer's conscience a touchstone: law, morality, and attorney civil disobedience.
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Beyond Coase: emerging technologies and property theory.
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Realism and revolution in conflict of laws: in with a bang and out with a whimper.
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A new approach to insanity acquittee recidivism: redefining the class of truly responsible recidivists.
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Caught in the crossfire: a defense of the cultural theory of gun-risk perceptions.
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'n' guilty men.
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Freedom of information beyond the Freedom of Information Act.
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Combining constitutional clauses.
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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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"Give me a break! I couldn't help myself!"? Rejecting volitional impairment as a basis for departure under Federal Sentencing Guidelines Section 5K2.13.
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Legal limits and the implementation of the Affordable Care Act.
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Land development, the Graham doctrine, and the extinction of economic substantive due process.
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Does corporate governance matter? A crude test using Russian data.
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ORDINARY MEANING AND ORDINARY PEOPLE.
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Making progress the old-fashioned way.
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Lumpy property.
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The jurisprudence of greed.
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The use and abuse of IP at the birth of the administrative state.
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VALUATION DISPUTES IN CORPORATE BANKRUPTCY.
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THE GLOBALIZATION OF ENTREPRENEURIAL LITIGATION: LAW, CULTURE, AND INCENTIVES.
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The University of Pennsylvania Law Review: 150 years of history.
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Horizontal federalism in an age of criminal justice interconnectedness.
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Tailoring discovery: using nontranssubstantive rules to reduce waste and abuse.
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The Class Action Fairness Act of 2005 in historical context: a preliminary view.
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Opportunity lost: why and how to improve the HHS-proposed legislation governing law enforcement access to medical records.
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Products liability through private ordering: notes on a Japanese experiment.
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Thoughts about Professor Resnik's paper.
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FRAMING THE CHICAGO SCHOOL OF ANTITRUST ANALYSIS.
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The rise and fall of religious freedom in constitutional discourse.
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The function of Article V.
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Hedge funds in corporate governance and corporate control.
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COMPLETELY EXHAUSTED: EVALUATING THE IMPACT OF WOODFORD V. NGO ON PRISONER LITIGATION IN FEDERAL COURTS.
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The rights of others: protection and advocacy organizations' associational standing to sue.
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Threatening inefficient performance of injunctions and contracts.
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Some problems with taxpayer-funded political campaigns.
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Intentional racial discrimination and segregation by the federal government as a principal cause of concentrated poverty: a response to Schill and Wachter.
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Want less ideology on the federal bench? Pay judges more.
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The parol evidence rule, the plain meaning rule, and the principles of contractual interpretation.
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Invalidating issue preclusion: rethinking preclusion in the patent context.
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Extreme value or trolls on top? The characteristics of the most-litigated patents.
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Default rules, wealth distribution, and corporate law reform: employment at will versus job security.
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Getting away with murder: segregation and violent crime in urban America.
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Sentencing: a role for empathy.
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Protection from protection: section 1983 and the ADA's implications for devising a race-conscious police misconduct statute.
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Rounding the peg to fit the hole: a proposed regulatory reform of the misappropriation theory.
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HEIR HUNTING.
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Technology and internet jurisdiction.
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Fairness, character, and efficiency in firms.
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Tontine pensions.
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Dynamic incorporation of foreign law.
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FINALITY AND FORECLOSURE: DETERMINING A HOMEOWNER'S ABILITY TO APPEAL IN MORTGAGE FORECLOSURE CASES.
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Structuring judicial review of electoral mechanics: explanations and opportunities.
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Freedom for the press as an industry, or for the press as a technology? From the framing to today.
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International and U.S. obligation toward stowaway asylum seekers.
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Religion and sex in the Yale dorms: a legislative proposal requiring private universities to provide religious accommodations.
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Social meaning and social norms.
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Simplicity at the cost of clarity: appellate review of claim construction and the failed promise of Cybor.
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In vitro fertilization and the right to procreate: the right to no.
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Editorial and Subscription Policies.
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Troubles at the doorstep: the Fair Housing Amendments Act of 1988 and group homes for recovering substance abusers.
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Prohibiting sexual orientation discrimination in public accommodations: a common law approach.
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FDA REGULATION OF 3D-PRINTED ORGANS AND ASSOCIATED ETHICAL CHALLENGES.
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The next generation Communications Privacy Act.
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BALANCING VERSUS STRUCTURED DECISION PROCEDURES: ANTITRUST, TITLE VII DISPARATE IMPACT, AND CONSTITUTIONAL LAW STRICT SCRUTINY.
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An empirical study of patent litigation timing: could a patent term reduction decimate trolls without harming innovators?
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Property outlaws.
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Neighborhood empowerment and the future of the city.
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PERSISTING SOVEREIGNTIES.
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THE ROLE OF ANTITRUST IN PREVENTING PATENT HOLDUP.
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Strict liability and negligence in property theory.
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The right to abandon.
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PRESIDENTIAL CONSTITUTIONALISM AND MARRIAGE EQUALITY.
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ESTIMATION EVIDENCE.
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Antitrust and nonprofit hospital mergers: a return to basics.
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Funding terror.
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THE PROGRESSIVE IDEA OF DEMOCRATIC ADMINISTRATION.
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On the moral irrelevance of bodily movements.
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ILLIBERAL LAW IN AMERICAN COURTS.
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Ghost in the network.
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Twenty years of shareholder proposals after Cracker Barrel: an effective tool for implementing LGBT employment protections.
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Creditors' ball: the "new" new corporate governance in Chapter 11.
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Third-party ratings as modern reputational information: how rules of professional conduct could better serve lower-income legal consumers.
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The irrelevance of writtenness in constitutional interpretation.
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ASSET MANAGERS AS REGULATORS.
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CATCH RULE 22: WHEN INTERPLEADER ACTIONS VIOLATE STATUTORY AND CONSTITUTIONAL DIVERSITY JURISDICTION REQUIREMENTS.
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When is sex because of sex? The causation problem in sexual harassment law.
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Portioning punishment: constitutional limits on successive and excessive penalties.
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Presidential settlements.
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Remembering Ed Baker.
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Defining an 'adequate' package of health care benefits.
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Labor unions: a corporatist institution in a competitive world.
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Choice of law for internet transactions: the uneasy case for online consumer protection.
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The case against postmodern censorship theory.
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Freezer burn: United States extraterritorial freeze orders and the case for efficient risk allocation.
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Why do retail investors make costly mistakes? An experiment on mutual fund choice.
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Channeling: identity-based social movements and public law.
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Cybercrime litigation.
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Preambles in treaty interpretation.
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Regulation for conservatives: behavioral economics and the case for "asymmetric paternalism".
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Resource-based strategies in law and Positive Political Theory: cost-benefit analysis and the like.
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Commercial speech, professional speech, and the constitutional status of social institutions.
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Insider trading: the "possession versus use" debate.
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What happened in Delaware corporate law and governance from 1992-2004? A retrospective on some key developments.
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Strung out: legal citation, The Bluebook, and the anxiety of authority.
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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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Tying meets the new institutional economics: farewell to the chimera of forcing.
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Perceptions of corruption and campaign finance: when public opinion determines constitutional law.
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Will tax reform be stable?
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THE BIRTH CERTIFICATE SOLUTION: ENSURING THE INTERSTATE RECOGNITION OF SAME-SEX PARENTAGE.
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Accountable algorithms.
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Vanguard states, laggard states: federalism and constitutional rights.
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"Who they are - or were": middle-class welfare in the early New Deal.
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Allocating responsibility for the failure of global warming policies.
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The doctrinal unity of alternative liability and market-share liability.
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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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Ghost in the network.
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The power to privilege.
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Reuniting 'is' and 'ought' in empirical legal scholarship.
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THE SIXTH AMENDMENT FACADE: THE RACIAL EVOLUTION OF THE RIGHT TO COUNSEL.
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Exempt executives? Dollar General Store managers' embattled quest for overtime pay under the Fair Labor Standards Act.
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Copyright and public good economics: a misunderstood relation.
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Big data and predictive reasonable suspicion.
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OUR ADMINISTERED CONSTITUTION: ADMINISTRATIVE CONSTITUTIONALISM FROM THE FOUNDING TO THE PRESENT.
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The function of Article V.
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Policing as administration.
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THE NEW TITANS OF WALL STREET: A THEORETICAL FRAMEWORK FOR PASSIVE INVESTORS.
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Big league Perestroika? The implications of Fraser v. Major League Soccer.
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Legal realism and legal doctrine.
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The enforceability of norms and the employment relationship.
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OUR REGIONALISM.
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THE LIVING RULES OF EVIDENCE.
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THE TRAJECTORY OF FEDERAL GUN CRIMES.
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SUPREME STALEMATES: CHALICES, JACK-O'-LANTERNS, AND OTHER STATE HIGH COURT TIEBREAKERS.
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CONTESTING THE CARCERAL STATE WITH DISABILITY FRAMES: CHALLENGES AND POSSIBILITIES.
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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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Learning from experience: the impact of research about family support programs on public policy.
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The emerging circuit split over secondary meaning in trade dress law.
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Tontine pensions.
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Can the states keep secrets from the federal government?
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International tribunals: a rational choice analysis.
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Interest groups and the problem with incrementalism.
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Market failure and community investment: a market-oriented alternative to the Community Reinvestment Act.
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Volition, intention, and responsibility.
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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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Back to the futures: privatizing future claims resolution.
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Preserving judicial supremacy come Heller high water.
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The technology of creditor protection.
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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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Same struggle, different difference: ADA accommodations as antidiscrimination.
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The promise of Cooley's city: traces of local constitutionalism.
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Advocacy group boycotting of network television advertisers and its effects on programming content.
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"To promote the progress of science and useful arts": a role for federal regulation of intellectual property as collateral.
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Overruling Erie: nationwide class actions and national common law.
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Federal common law: a structural reinterpretation.
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To copy or not to copy, that is the question: the game theory approach to protecting fashion designs.
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Constitutional showdowns.
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Uncovering a gatekeeper: why the SEC should mandate disclosure of details concerning directors' and officers' liability insurance policies.
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THE EMPTY IDEA OF "EQUALITY OF CREDITORS".
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THE MINOR QUESTIONS DOCTRINE.
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Why firms adopt antitakeover arrangements.
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The "essential relationship" spectrum: a framework for addressing choice of procedural law in the federal circuit.
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DIMENSIONS OF DELEGATION.
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What to do with the sheep in wolf's clothing: the role of rhetoric and reality about youth offenders in the constructive dismantling of the juvenile justice system.
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The forgotten constitutional law of treason and the enemy combatant problem.
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Patent portfolios.
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Puzzling stock options and compensation norms.
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Navigating a legal dilemma: a student's right to legal counsel in disciplinary hearings for criminal misbehavior.
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Culture affects our beliefs about firearms, but data are also important.
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Law, incommensurability, and conceptually sequenced argument.
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Values versus interests in the explanation of social conflict.
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"IN WHOM IS THE RIGHT OF SUFFRAGE?": THE RECONSTRUCTION ACTS AS SOURCES OF CONSTITUTIONAL MEANING.
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Geoffrey C. Hazard, Jr., and the lessons of history.
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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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THE NEW BOND WORKOUTS.
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Fact-free gun policy?
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SETTLING THE STAGGERED BOARD DEBATE.
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Geoffrey C. Hazard, Jr.: scholar, law reformer, teacher, and mentor.
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Towards a unified theory of "reverse-Erie".
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"And the wisdom to know the difference": confidentiality vs. privilege in the self-help setting.
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Recharging the jury: the criminal jury's constitutional role in an era of mandatory sentencing.
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MISSING DECISIONS.
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Selective prosecution and the federalization of criminal law: the need for meaningful judicial review of prosecutorial discretion.
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THE EXCEPTION IS THE RULE: THE ROLE OF SECURITY CLEARANCES IN EMPLOYMENT DISCRIMINATION.
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Integrating accommodation.
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The rise of private militia: a First and Second Amendment analysis of the right to organize and the right to train.
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LEGAL TECH, CIVIL PROCEDURE, AND THE FUTURE OF ADVERSARIALISM.
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Making sense of Section 2: of biased votes, unconstitutional elections, and common law statutes.
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The shadow of state secrets.
