University of Pennsylvania Law Review - page 6
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RACE, RECKONING, REFORM, AND THE LIMITS OF THE LAW OF DEMOCRACY.
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Defining the office: John Marshall as Chief Justice.
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THE DICHOTOMOUS TREATMENT OF EFFICIENCIES IN HORIZONTAL MERGERS: TOO MUCH? TOO LITTLE? GETTING IT RIGHT?
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Getting away with murder: segregation and violent crime in urban America.
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Consumer expectations and access to health care.
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Lessons in federalism from the 1960s class action rule and the 2005 Class Action Fairness Act: "the political safeguards" of aggregate translocal actions.
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When "the pols make the calls": McConnell's theory of judicial deference in the twilight of Buckley.
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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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Magic on the frontier: the norm of efficiency.
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Technology and internet jurisdiction.
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STARTUP GOVERNANCE.
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Unchecked presidential wars.
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Enforcing affirmative state constitutional obligations and Sheff v. O'Neill.
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Sentencing: a role for empathy.
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The river runs dry: when Title VI trumps state anti-affirmative action laws.
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THE ROLE OF ANTITRUST IN PREVENTING PATENT HOLDUP.
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Rounding the peg to fit the hole: a proposed regulatory reform of the misappropriation theory.
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All alone in arbitration: AT&T Mobility v. Concepcion and the substantive impact of class action waivers.
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What is the rule of recognition in the United States?
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THE PRIVACY INTEREST IN PROPERTY.
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THE SUPREME COURT AS BAD TEACHER.
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Extreme value or trolls on top? The characteristics of the most-litigated patents.
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The patent spiral.
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Mapping the limits of repatriable cultural heritage: a case study of stolen Flemish art in French museums.
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Comity be damned: the use of antisuit injunctions against the courts of a foreign nation.
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The parol evidence rule, the plain meaning rule, and the principles of contractual interpretation.
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Will as international bargaining: implications for rationality.
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Understanding patent-quality mechanisms.
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Invalidating issue preclusion: rethinking preclusion in the patent context.
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The construction of responsibility in the criminal law.
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Philadelphia lawyer: a cautionary tale.
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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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A dose of reality for specialized courts: lessons from the VICP.
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The media that citizens need.
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Ghost in the network.
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Probably? Understanding tax law's uncertainty.
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Land development, the Graham doctrine, and the extinction of economic substantive due process.
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Action, omission, and the stringency of duties.
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THE PERILS OF LAND USE DEREGULATION.
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Liability for climate change: the benefits, the costs, and the transaction costs.
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Same-sex marriage: refining the conflict of laws analysis.
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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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Climate change and animals.
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Fairness, character, and efficiency in firms.
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Does incommensurability matter? Incommensurability and public policy.
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The failed case for Eighth Amendment regulation of the capital-sentencing trial.
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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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Portioning punishment: constitutional limits on successive and excessive penalties.
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The criminal class action.
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CLEANING CORPORATE GOVERNANCE.
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Alaska gives Ninth Circuit the cold shoulder: conflicts in campaign finance jurisprudence.
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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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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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Cashing in on capitol hill: insider trading and the use of political intelligence for profit.
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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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Will tax reform be stable?
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ASSET MANAGERS AS REGULATORS.
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Ghost in the network.
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Antitrust and nonprofit hospital mergers: a return to basics.
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PRESIDENTIAL CONSTITUTIONALISM AND MARRIAGE EQUALITY.
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Court competition for patent cases.
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UNSETTLED: VICTIM DISCRETION IN THE ADMINISTRATION AND ENFORCEMENT OF CRIMINAL RESTITUTION ORDERS.
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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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ANTITRUST ENFORCEMENT, REGULATION, AND DIGITAL PLATFORMS.
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The hidden costs of cliff effects in the Internal Revenue Code.
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REVIEWING REFUSAL: LETHAL INJECTION, THE FDA, AND THE COURTS.
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Tontine pensions.
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Can judges ignore inadmissible information? The difficulty of deliberately disregarding.
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The next generation Communications Privacy Act.
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"Join the Sierra Club!": imposition of ideology as a condition of probation.
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Insider trading: the "possession versus use" debate.
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Regulation for conservatives: behavioral economics and the case for "asymmetric paternalism".
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Preambles in treaty interpretation.
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Freezer burn: United States extraterritorial freeze orders and the case for efficient risk allocation.
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The case against postmodern censorship theory.
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The constitutional standing of corporations.
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Hedge funds in corporate governance and corporate control.
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Investor participation in initial public offerings.
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Twenty years of shareholder proposals after Cracker Barrel: an effective tool for implementing LGBT employment protections.
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ILLIBERAL LAW IN AMERICAN COURTS.
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ESTIMATION EVIDENCE.
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The right to abandon.
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Strict liability and negligence in property theory.
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The political economy of fraud on the market.
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THE ROLE OF ANTITRUST IN PREVENTING PATENT HOLDUP.
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Neighborhood empowerment and the future of the city.
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BALANCING VERSUS STRUCTURED DECISION PROCEDURES: ANTITRUST, TITLE VII DISPARATE IMPACT, AND CONSTITUTIONAL LAW STRICT SCRUTINY.
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FDA REGULATION OF 3D-PRINTED ORGANS AND ASSOCIATED ETHICAL CHALLENGES.
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Editorial and Subscription Policies.
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THE BIRTH CERTIFICATE SOLUTION: ENSURING THE INTERSTATE RECOGNITION OF SAME-SEX PARENTAGE.
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Social meaning and social norms.
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CLAIMING DESIGN.
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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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Dynamic incorporation of foreign law.
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Criminal law in cyberspace.
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COHESIVE CLASS ACTIONS.
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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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Federal common law: a structural reinterpretation.
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Investment, information, and promissory liability.
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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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DIMENSIONS OF DELEGATION.
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The surprisingly strong case for tailoring constitutional principles.
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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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Some problems with taxpayer-funded political campaigns.
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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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"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 NEW BOND WORKOUTS.
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Fact-free gun policy?
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Towards a unified theory of "reverse-Erie".
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Waivers of ERISA plan benefits: preventing judicial interpretations of a complex statute from frustrating the statute's simple purpose.
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"And the wisdom to know the difference": confidentiality vs. privilege in the self-help setting.
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The puzzle of complete preemption.
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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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When the law doesn't count: the 2000 election and the failure of the rule of law.
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Integrating accommodation.
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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.
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Intuitive formalism in contract.
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The condom controversy in the public schools: respecting a minor's right of privacy.
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Geoffrey C. Hazard, Jr.: scholar, law reformer, teacher, and mentor.
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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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Values versus interests in the explanation of social conflict.
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The doctrinal unity of alternative liability and market-share liability.
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THE NEW PENAL BUREAUCRATS.
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What to do when main street is legal again: regional land value taxation as a New Urbanist tool.
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The multienforcer approach to securities fraud deterrence: a critical analysis.
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Group norms, gossip, and blackmail.
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The agenda-setter for complex litigation.
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Take care that the laws be faithfully litigated.
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The metaphor is the key: cryptography, the Clipper Chip, and the Constitution.
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UNFAIR BY DEFAULT: ARBITRATION'S REVERSE DEFAULT JUDGMENT PROBLEM.
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Denied and disparaged: applying the 'federalist' Ninth Amendment.
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SETTLING THE STAGGERED BOARD DEBATE.
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The case for imperfect enforcement of property rights.
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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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A sense of purpose: the role of law enforcement in foreign intelligence surveillance.
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Recharging the jury: the criminal jury's constitutional role in an era of mandatory sentencing.
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Culture affects our beliefs about firearms, but data are also important.
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Interstate recognition of same-sex marriages and civil unions: a handbook for judges.
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Big league Perestroika? The implications of Fraser v. Major League Soccer.
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The "essential relationship" spectrum: a framework for addressing choice of procedural law in the federal circuit.
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Secular idolatry and sacred traditions: a critique of the Supreme Court's secularization analysis.
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Why firms adopt antitakeover arrangements.
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THE MINOR QUESTIONS DOCTRINE.
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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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Market failure and community investment: a market-oriented alternative to the Community Reinvestment Act.
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Interest groups and the problem with incrementalism.
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Does corporate governance matter? A crude test using Russian data.
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Factual precedents.
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ORDINARY MEANING AND ORDINARY PEOPLE.
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The forgotten constitutional law of treason and the enemy combatant problem.
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Max Rosenn: an ideal appellate judge.
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Law, incommensurability, and conceptually sequenced argument.
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BREAKING UP BIG TECH: LESSONS FROM AT&T.
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CONTESTING THE CARCERAL STATE WITH DISABILITY FRAMES: CHALLENGES AND POSSIBILITIES.
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THE EXCEPTION IS THE RULE: THE ROLE OF SECURITY CLEARANCES IN EMPLOYMENT DISCRIMINATION.
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OLIGOPOLY COORDINATION, ECONOMIC ANALYSIS, AND THE PROPHYLACTIC ROLE OF HORIZONTAL MERGER ENFORCEMENT.
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Advocacy group boycotting of network television advertisers and its effects on programming content.
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PATENTING AROUND FAILURE.
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Overruling Erie: nationwide class actions and national common law.
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Machine learning, automated suspicion algorithms, and the Fourth Amendment.
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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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T-TIP NEGOTIATIONS ROUND TWO: AN OPPORTUNITY TO REDIRECT THE TRAJECTORY OF INTERNATIONAL INVESTMENT LAW.
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Equity's unstated domain: the role of equity in shaping copyright law.
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Rationing health care: the unnecessary solution.
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CAFA judicata: a tale of waste and politics.
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Deciding by default.
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Unraveling the patent-antitrust paradox.
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The role of the court in balancing contractual freedom with the need for mandatory constraints on opportunistic and abusive conduct in the LLC.
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Chief Judge Edward R. Becker: a truly remarkable judge.
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The promise of Cooley's city: traces of local constitutionalism.
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Same struggle, different difference: ADA accommodations as antidiscrimination.
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The technology of creditor protection.
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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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Letters of intent in corporate negotiations: using hostage exchanges and legal uncertainty to promote compliance.
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And then god created Kansas? The evolution/creationism debate in America's public schools.
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Class settlements under attack.
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Segregation, whiteness, and transformation.
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The case for a sustainable climate policy: why costs and benefits must be temporally balanced.
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DEFERRING TO FOREIGN COURTS.
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The Rooker-Feldman doctrine: toward a workable role.
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Leaving the bench, 1970-2009: the choices federal judges make, what influences those choices, and their consequences.
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Cross-border judgments and the public policy exception: solving the foreign judgment quandary by way of tribal courts.
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UNFAIR ARTIFICIAL INTELLIGENCE: HOW FTC INTERVENTION CAN OVERCOME THE LIMITATIONS OF DISCRIMINATION LAW.
