-
Subject Areas on Research
-
"Cardozo's Foot": The Chancellor's Conscience and Constructive Trusts
-
"Judicial Hellholes:" Medical Malpractice Claims, Verdicts, and the "Doctor Exodus" in Illinois
-
"Only Connect": Toward a Unified Measurement Project
-
"Second-Class" Rhetoric, Ideology, and Doctrinal Change
-
'The Ordinary Diet of the Law': The Presumption Against Preemption in the Roberts Court
-
(M)eat Local®: Market and Distribution Challenges in the Local Meat System
-
1367 and all that: Recodifying federal supplemental jurisdiction
-
A Contractually Reconstructed Research Commons for Scientific Data in a Highly Protectionist Intellectual Property Environment
-
A Course in Composition for Pre-Law Students
-
A Cross-Cultural Comparison of the Effect of Adversary and Nonadversary Processes on Bias in Legal Decision Making
-
A Dialogue Between a Theologian and a Lawyer
-
A Few Questions About the Social-Obligation Norm
-
A Freedom-Promoting Approach to Property: A Renewed Tradition for New Debates
-
A Manifesto Concerning the Legal Protection of Computer Programs
-
A Market for Sovereign Control
-
A Minimalist Approach to State 'Bankruptcy'
-
A New International Human Rights Court for West Africa: The ECOWAS Community Court of Justice
-
A Nondelegation Doctrine for the Digital Age?
-
A Policy Analysis of Fee-Shifting Rules under the Internal Revenue Code
-
A Politics of Intellectual Property: Environmentalism for the Net
-
A Post-Race Equal Protection?
-
A Prescription for Perilous Times
-
A Primer on Kidney Transplantation: Anatomy of the Shortage
-
A Response to Professor Knight, 'Are Empiricists Asking the Right Questions about Judicial Decisionmaking?'
-
A Response to the Critics of Corporate Criminal Liability
-
A Revised Monitoring Model Confronts Today's Movement Toward Managerialism
-
A Shot Across the Bow: A First Test of the Korean Antidumping Law
-
A Tactical Fourth Amendment
-
A Teacher
-
A Theory In Search of a Court, and Itself: Judicial Minimalism at the Supreme Court Bar
-
A Theory of Copyright Authorship
-
A Theory of Law and Information: Copyright, Spleens, Blackmail, and Insider Trading
-
A hybrid theory of claim-rights
-
AEDPA Repeal
-
ALL RISE! STANDING IN JUDGE BETTY FLETCHER'S COURT
-
AMERICAN COMMUNITY PROPERTY REGIMES - FOREWORD
-
AMERICAN-LAW-INSTITUTE STUDY ON PATHS TO A BETTER WAY - LITIGATION, ALTERNATIVES, AND ACCOMMODATION - BACKGROUND PAPER
-
AN ESSAY ON DISCRETION
-
Abolishing Diversity Jurisdiction: Positive Side Effects and Potential for Further Reforms
-
Accuracy in Sentencing
-
Adjudicating Copyright Claims Under the TRIPs Agreement: The Case for a European Human Rights Analogy
-
Administrative Power in the Era of Patent Stare Decisis
-
Administrative Power in the Era of Patent Stare Decisis
-
Administrative Process Reform in a Discretionary Age: The Role of Social Consequences
-
Administrative performance of "no-fault" compensation for medical injury
-
Adventures in Finance
-
Adversary Presentation and Bias in Legal Decision Making
-
Advocating A Carryover Tax Basis Regime
-
After Recess: Historical Practice, Textual Ambiguity, and Constitutional Adverse Possession
-
Against 'Individual Risk': A Sympathetic Critique of Risk Assessment
-
Against Bankruptcy Exceptionalism
-
Against Bankruptcy Exceptionalism
-
Agency By Analogy: A Comment on Odious Debt
-
Aggregate Litigation Goes Public: Representative Suits by State Attorneys General
-
Aggregation and Constitutional Rights
-
Aggregation in Criminal Law
-
Aggressive Encounters and White Fragility: Deconstructing the Trope of the Angry Black Woman
-
Algorithms and Speech
-
Amending the Exceptions Clause
-
American Natures: The Shape of Conflict in Environmental Law
-
An International Model for Antibiotics Regulation
-
An Introduction to Vice
-
Anachronism of the Moral Sentiments?: Integrity, Postmodernism, and Justice
-
Analogies and Institutions in the First and Second Amendments: A Response to Professor Magarian
-
Antitrust and Nonprofit Hospital Mergers: A Return to Basics
-
Antitrust and hospital peer review.
-
Applied Legal History: Demystifying the Doctrine Of Odious Debts
-
Apportioning business profits generated by spousal labor and capital owned over time by shifting fractional shares of the separate and community marital estates
-
Appropriating Form: A Comment on Summers, How Law is Formal and Why It Matters
-
Are Constitutional Rights Enough? An Empirical Assessment of Racial Bias in Police Stops
-
Are Empiricists Asking the Right Questions about Judicial Decisionmaking?
-
Are There as Many Trademark Offices as Trademark Examiners?
-
Artful Good Faith: An Essay on Law, Custom, and Intermediaries in Art Markets
-
Assessments of Non-Economic Damage Awards in Medical Negligence: A Comparison of Jurors with Legal Professionals
-
Autocrat of the Armchair
-
Autonomy, Fairness, and Freedom of Expression: A Reply to Professor Scanlon
-
Availability Cascades and Risk Regulation
-
Avoiding Judicial Discipline
-
Backlash Against International Courts in West, East, and Southern Africa: Causes and Consequences
-
Bankruptcy Remoteness: A Summary Analysis
-
Bankruptcy-Remote Structuring
-
Bans
-
Bayh-Dole Reform and the Progress of Biomedicine
-
Becoming a Legal Scholar
-
Behavioral Economics and Health Policy: Understanding Medicaid's Failure
-
Benchmark Regulation
-
Beyond Bankruptcy: Resolution as a Macroprudential Regulatory Tool
-
Beyond Bankruptcy: Resolution as a Macroprudential Tool
-
Beyond Cost-Benefit Analysis: A Pragmatic Reorientation
-
Beyond Diversity: Federal Multiparty, Multiforum Jurisdiction
-
Beyond Metaphor: An Analysis of Fiduciary Obligation
-
Beyond the Balance of Nature
-
Beyond the Bosses' Constitution: The First Amendment and Class Retrenchment
-
Bias in the Boardroom: Psychological Foundations and Legal Implications of Corporate Cohesion
-
Biomedical Patents at the Supreme Court: A Path Forward
-
Board Compliance
-
Book Note
-
Book Review
-
Book Review
-
Book Review
-
Book Review
-
Book Reviews
-
Book Reviews
-
Book Reviews
-
Bootstrapping
-
Bottomheavy: Legal Footnotes
-
Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis
-
By Force of Arms: Rape, War, and Military Culture
-
COMMENT ON THE FEDERALISM OF THE FEDERAL-RULES
-
COMMUNITY AND SEPARATE INTERESTS IN PENSIONS AND SOCIAL-SECURITY BENEFITS AFTER MARRIAGE OF BROWN AND ERISA
-
COMPOSITION COURSE FOR PRE-LAW STUDENTS
-
CONFLICTUAL INTERDEPENDENCE - UNITED-STATES-MEXICAN RELATIONS ON FISHERY RESOURCES
-
CRIME TALK, RIGHTS TALK, AND DOUBLE-TALK - THOUGHTS ON READING ENCYCLOPEDIA OF CRIME AND JUSTICE
-
Categoricalism and Balancing in First and Second Amendment Analysis
-
Causation in the Fiduciary Realm
-
Causes of the Recent Turn in Constitutional Interpretation
-
Central Clearing of Financial Contracts: Theory and Regulatory Implications
-
Central Clearing of Financial Contracts: Theory and Regulatory Implications
-
Challenges Facing Judges Regarding Expert Evidence in Criminal Cases
-
Challenging the Randomness of Panel Assignment in the Federal Appellate Courts
-
Charitable giving and tax legislation in the Reagan era.
-
Choice of Law Rules for International Securities Transactions?
-
Cities, Preemption, and the Statutory Second Amendment
-
Citizen Soldiers: The North Carolina Volunteers and the War on Poverty
-
Citizen Spouse
-
Civil Challenges to the Use of Low-Bid Contracts for Indigent Defense
-
Civil Forfeiture: A Higher Form of Commercial Law?
-
Civil Rights as Human Rights
-
Claiming Innocence
-
Clear Consensus, Ambiguous Commitment
-
Clearing Opacity Through Machine Learning
-
Climate Change Policy, and Policy Change in China
-
Climate Change and the Limits of the Possible
-
Closing International Law's Innocence Gap
-
Closing International Law's Innocence Gap
-
Closing International Law's Innocence Gap
-
Codifying Custom
-
Codifying interest analysis in the torts chapter of a new conflicts restatement
-
Collapsing Corporate Structures: Resolving the Tension Between Form and Substance
-
Collective Action Federalism and Its Discontents
-
Collective Action Federalism: A General Theory of Article I, Section 8
-
Collective Bargaining in the Federal Public Sector: Disclosing Employee Names and Addresses under Exemption 6 of the Freedom of Information Act
-
Combatant Status Review Tribunals: Flawed Answers to the Wrong Question
-
Combating Silence in the Profession
-
Coming into the Anthropocene
-
Commandeering and Its Alternatives: A Federalism Perspective
-
Comment on 'Judicializing Politics, Politicizing Law' by John Ferejohn
-
Comment on 'Judicializing Politics, Politicizing Law', by John Ferejohn
-
Commercial Trusts as Business Organizations: Unraveling the Mystery
-
Common Sense and Key Questions
-
Comparing the Scope of the Federal Government's Authority to Prosecute Federal Corruption and State Corruption: Some Surprising Conclusions and a Proposal
-
Compelled Cooperation and the New Corporate Criminal Procedure
-
Compensation, Deterrence, and the Market as Boundaries for Derivative Suit Procedures
-
Complete Contracts in Finance
-
Completing the Energy Innovation Cycle: The View from the Public Utility Commission
-
Complex Compliance Investigations
-
Computer Programs as Applied Scientific Know-How: Implications of Copyright Protection for Commercialized University Research
-
Conference on electronic discovery - Panel eight: Civil rules advisory committee alumni panel: The process of amending the civil rules
-
Conference on tobacco dependence: Innovative regulatory approaches to reduce death and disease: Selected excerpts from conference proceedings
-
Congress Stories
-
Consensus and Objectivity in Early Constitutional Interpretation: An Unproven Thesis
-
Consensus, Coherence and the European Convention on Human Rights
-
Considering shale gas extraction in North Carolina: Lessons from other states
-
Constitutional Avoidance, Resistance Norms, and the Preservation of Judicial Review
-
Constitutional Existence Conditions and Judicial Review
-
Constitutional Fidelity, the Rule of Recognition, and the Communitarian Turn in Contemporary Positivism
-
Constitutional Investigations
-
Constitutional Law and the Law of Evidence
-
Constitutional Law as Though the Constitution Mattered
-
Constitutional Reasonableness
-
Constraining Monitors
-
Constructed Constraint and the Constitutional Text
-
Consumer Law as an Axis of Economic Inequality
-
Consumer Protection after the Global Financial Crisis
-
Consumer Protection in the Credit Card Industry: Federal Legislative Controls
-
Contagion Without Relief: Democratic Experimentalism and Regulating the Use of Antibiotics in Food-Producing Animals
-
Contaminated Confessions Revisited
-
Contemporary Perspectives on Constitutional Interpretation
-
Context Matters: The Recharacterization of Leases in Bankruptcy and Tax Law
-
Continuity and the Declaration of Independence
-
Contract Modification: An Economic Analysis of the Hold-up Game
-
Contract and Jurisdiction
-
Contracting Coercion? Rethinking the Origins of Free Labor in the United States and Great Britian
-
Contracts and Jurisdiction
-
Controlling Financial Chaos: The Power and Limits of Law
-
Coordinating Compliance Incentives
-
Coping in a Global Marketplace: Survival Strategies for a 75-Year-Old SEC
-
Corporate Crimmigration
-
Corporate Litigation in the U.S. and U.K.
-
Corporate Restructuring Under Relative and Absolute Priority Default Rules: A Comparative Assessment
-
Corporate Restructuring Under Relative and Absolute Priority Default Rules: A Comparative Assessment
-
Corrective Justice and Liability for Global Warming
-
Corrective Justice and Liability for Increasing Risks
-
Corrective Justice, Liability for Risks, and Tort Law
-
Cost and compensation of injuries in medical malpractice.
-
Cracking the Code: An Empirical Analysis of Consumer Bankruptcy Outcomes
-
Credit Scoring Duality
-
Criminal Justice Collapse: The Constitution after Hurricane Katrina
-
Criminal Lying, Prosecutorial Power, and Social Meaning
-
Criminal Procedure Within the Firm
-
Criminal Process in the Seventies
-
Cruel, Mean, or Lavish? Economic Analysis, Price Discrimination and Digital Intellectual Property
-
Culpability and Modern Crime
-
Cultivating
EvidenceāBased
Pathways for Cannabis Product Development: Implications for Consumer Protection
†
-
Cultural Environmentalism and Beyond
-
Culture and Causality: Non-Western Systems of Explanation
-
Culture and Causality: Non-Western Systems of Explanation
-
Cumulative Constitutional Rights
-
Current Issues in Tender Offer Regulation: Lessons from the British
-
Custom and the Rule of Law in the Administration of the Income Tax
-
Custom, Contract, and Kidney Exchange
-
DEFENDING
-
DEFINING FINALITY AND APPEALABILITY BY COURT RULE - A COMMENT ON MARTINEAU RIGHT PROBLEM, WRONG SOLUTION
-
DNA and Distrust
-
DNA and Due Process
-
Declining Corporate Prosecutions
-
Decreeing organizational change: judicial supervision of public institutions.
-
Defamatory Opinions and the "Restatement (Second) of Torts"
-
Defensive Stock Repurchases
-
Defensive Stock Repurchases and the Appraisal Rememdy
-
Defining geographic markets for hospital care.
-
Deliberative Democracy's Attempt to Turn Politics into Law
-
Democratic Enforcement? Accountability and Independence for the Litigation State
-
Derivatives and Collateral: Balancing Remedies and Systemic Risk
-
Design Protection After the Copyright Act of 1976: A Comparative View of the Emerging Interim Models
-
Design Protection in Domestic and Foreign Copyright Law: From the Berne Revision of 1948 to the Copyright Act of 1976
-
Designing Business Forms to Pursue Social Goals
-
Deterring Algorithmic Manipulation
-
Developments in the Law of Toxic Waste Litigation: Bankruptcy and Insurance Issues
-
Disability and Design
-
Discovery and Presentation of Evidence in Adversary and Nonadversary Proceedings
-
Discrimination by Customers
-
Disintermediating Avarice: A Legal Framework for Commercially Sustainable Microfinance
-
Dismantling the Wall
-
Distinguishing the 'Truly National' from the 'Truly Local': Customary Allocation, Commercial Activity, and Collective Action
-
Distributive Injustice(s) in American Health Care
-
Disuniformity of Federal Constitutional Rights
-
Do Anti-Tax Shelter Rules Make Sense? A Reply to Professor Johnson
-
Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses
-
Does Agency Funding Affect Decisionmaking?: An Empirical Assessment of the PTO's Granting Patterns
-
Does Intergenerational Justice Require Rising Standards of Living?
-
Does generic entry always increase consumer welfare?
-
Does the Plaintiff Matter?: An Empirical Analysis of Lead Plaintiffs in Securities Class Actions
-
Does the Supreme Court Follow the Economic Returns? A Response to 'A Macrotheory of the Court'
-
Does the U.S. Patent and Trademark Office Grant Too Many Bad Patents?: Evidence from a Quasi-Experiment
-
Dollar unilateralism: The new frontline of national security
-
Domicile Dismantled
-
Down the Rabbit-Hole and into the Nineties: Selected Issues of Accountability in the Wake of Eighties-Style Transactions in Control
-
Driven to Failure: An Empirical Analysis of Driver's License Suspension in North Carolina
-
Dual Federalism, Concurrent Jurisdiction, and the Foreign Affairs Exception
-
E-Rulemaking at the Federal Communications Commission: Bringing Data to Theory
-
EFFECT OF ADOPTION OF COMPARATIVE NEGLIGENCE ON CALIFORNIA COMMUNITY PROPERTY LAW - HAS IMPUTED NEGLIGENCE BEEN REVIVED
-
EPA and the Courts: Twenty Years of Law and Politics
-
Economic Growth and the Interests of Future (and Past and Present) Generations: A Comment on Tyler Cowen
-
Effects of hazardous waste risks on property transfers: legal liability vs. direct regulation
-
Empirical Evidence on the "Deep Pockets" Hypothesis: Jury Awards for Pain and Suffering in Medical Malpractice Cases
-
Empirical Perspectives on Mediation and Malpractice
-
Empirical Research on Offers of Settlement: A Preliminary Report
-
Empowering the Poor: Turning De Facto Rights into Collateralized Credit
-
Enabling ESG Accountability: Focusing on the Corporate Enterprise
-
Enforcing the FCPA: International Resonance and Domestic Strategy
-
Engaging Facts and Policy: A Multi-Institutional Approach to Patent System Reform
-
Engineered Credit Default Swaps: Innovative or Manipulative?
-
Enron and the Use and Abuse of Special Purpose Entities in Corporate Structures
-
Enslaved to Judicial Supremacy?
-
Enumerated Means and Unlimited Ends
-
Environmental Law, Congress and the Court's New Federalism
-
Equal Protection and the Special Relationship: The Case of Native Hawaiians
-
Ernst & Ernst v. Hochfelder: A Critique and an Evaluation of Its Impact upon the Scheme of the Federal Securities Law
-
Error Aversions and Due Process
-
Estimating the ' state dependent' utility function.
-
Estoppel by Nonviolence
-
European Court of Human Rights Case Comments, 'Salgueiro da Silva Moutav' and 'A.D.T. v. United Kingdom'
-
Evaluating E-Rulemaking: Public Participation and Political Institutions
-
Evidence-Informed Criminal Justice
-
Evolving Scientific Norms and Intellectual Property Rights: A Reply to Professor Kieff
-
Exclusionary Megacities
-
Executive Preemption
-
Exit from Trade Agreements: A Reputational Analysis of Cooperation and Fairness
-
Exiting Treaties
-
Experimental Tests of Intellectual Property Laws' Creativity Thresholds
-
Expressive Theories of Law: A Skeptical Overview
-
Eyewitnesses and Exclusion
-
FEDERAL-JURISDICTION - POLICY AND PRACTICE - FINK,H, TUSHNET,MV
-
FEDERAL-REGULATION OF WORK FROM RECRUITMENT TO RETIREMENT - FOREWORD - THE DEPRIVATIZATION OF LABOR-RELATIONS LAW
-
Facilitating Access to Cross-Border Supplies of Patented Pharmaceuticals: The Case of the COVID-19 Pandemic
-
Fact-free gun policy?
-
Family History: Inside and Out
-
Fashion's Function in Intellectual Property Law
-
Feasibility of flexible technology standards for existing coal-fired power plants and their implications for new technology development
-
Federalism and Accountability: State Attorneys General, Regulatory Litigation, and the New Federalism
-
Federalism and the Double Standard of Judicial Review
-
Federalism as a Constitutional Principle
-
Federalizing Hate Crimes: Symbolic Politics, Expressive Law, or Tool for Criminal Enforcement?
-
Feminism and Family Law
-
Feminist Legal Methods
-
Feminist Legal Scholarship: A History Through the Lens of the California Law Review
-
Fiduciaries With Conflicting Obligations
-
Finance Without Law: The Case of China
-
Financial Inclusion and the “War for Cash”
-
Financial Inclusion, Access to Credit, and Sustainable Finance
-
Finding a Consensus on Equality: The Homosexual Age of Consent and the European Convention on Human Rights
-
Firearm Localism
-
Firearms, Extreme Risk, and Legal Design: "Red Flag" Laws and Due Process
-
Firms, Courts, and Reputation Mechanisms: Towards a Positive Theory of Private Ordering
-
Fixing Innovation Policy: A Structural Perspective
-
Fixing Innovation Policy: A Structural Perspective
-
For-Profit Public Enforcement
-
Forced Secessions
-
Foreign Law and the Denominator Problem (The Supreme Court, 2004 Term)
-
Foreward: The Deprivation of Labor Relations Law
-
Foreword
-
Foreword
-
Foreword
-
Foreword
-
Foreword
-
Foreword
-
Foreword
-
Foreword (Athletics)
-
Foreword (Community Economic Development)
-
Foreword (Expansion of the Common Market)
-
Foreword (Historic Preservation)
-
Foreword (Judicial Ethics)
-
Foreword (Police Practices)
-
Foreword: A Decade of Change in Regulating the Chemical Industry
-
Foreword: A Tribute to William W. Van Alstyne
-
Foreword: Access to Justice
-
Foreword: Adjudicating the Guilty Mind
-
Foreword: Black Box Artificial Intelligence and the Rule of Law
-
Foreword: Converging Paths: Judges and Scholars
-
Foreword: Corporal Punishment of Children
-
Foreword: Empirical Research and the Issue of Jury Competence
-
Foreword: Fees, Fines, Bail, and the Destitution Pipeline
-
Foreword: Fees, Fines, Bail, and the Destitution Pipeline
-
Foreword: Fees, Fines, Bail, and the Destitution Pipeline
-
Foreword: Global Governance as Administration - National and Transnational Approaches to Global Administrative Law
-
Foreword: Health Policy's Fourth Dimension
-
Foreword: Innovations in Complex Litigation and Settlement
-
Foreword: James D.Cox
-
Foreword: Organs and Inducements
-
Foreword: Race and Socioeconomic Class
-
Foreword: Sex in Law
-
Foreword: Tax Legislation in the Reagan Era
-
Foreword: The Constitutionality of the Affordable Care Act: Ideas from the Academy
-
Foreword: The Fabulous Invalid Nears 100
-
Foreword: The Impact of Behavioral Genetics on the Criminal Law
-
Foreword: The Law of Politics
-
Foreword: The Opposite of Property?
-
Foreword: The Past, Present, and Future of the Federal Tax Legislative Process
-
Foreword: The administrative law of financial regulation
-
Foreword: Two Americas
-
Forum Shopping for Human Rights
-
Foucault in Cyberspace: Surveillance, Sovereignty, and Hardwired Censors
-
Fraud is in the Eyes of the Beholder: Rule 10b-5's Application to Acts of Corporate Mismanagement
-
Free Riding on Benevolence: Collective Action Federalism and the Minimum Coverage Provision
-
Free Speech and Justified True Belief
-
Free Trade, Fair Trade, and Selective Enforcement
-
From Judge to Dean: Reflections on the Bench and the Academy
-
From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller
-
Functionality Screens
-
Future Generations: A Prioritarian View
-
Gendering the second amendment
-
Genetic Race? DNA Ancestry Tests, Racial Identity, and the Law
-
Genetics and Responsibility: To Know the Criminal from the Crime
-
Getting More by Asking Less: Justifying and Reforming Tax Law’s Offer in Compromise Procedure
-
Global Decentralization and the Subnational Debt Problem
-
Global Environmental Regulation: Instrument Choice in Legal Context
-
Globalized Corporate Prosecutions
-
Goldstein on Copyright Law: A Realist's Approach to a Technological Age
-
Good Faith and Law Evasion
-
Governmental and Academic Integrity at Home and Abroad
-
Grand Visions in an Age of Conflict
-
Growing Pains in the Administrative State: The Patent Office's Troubled Quest For Managerial Control
-
Gun Rights Talk
-
Gun control after Heller: Threats and sideshows from a social welfare perspective
-
Guns as Smut: Defending the Home-Bound Second Amendment
-
Guns, Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights
-
Habeas Corpus and Due Process
-
Habeas Corpus and the Penalty of Death
-
Happiness Surveys and Public Policy: What's the Use?
-
Happiness and Punishment
-
Harmonization Without Consensus: Critical Reflections on Drafting a Substantive Patent Law Treaty
-
Hauerwas on "hauerwas and the law": Trying to have something to say
-
Health Care Reform Through Medicaid Managed Care: Tennessee (TennCare) as a Case Study and a Paradigm
-
Hedonic Adaptation and the Settlement of Civil Lawsuits
-
Hercules, Herbert, and Amar: The Trouble with Intratextualism
-
Historical Gloss, Constitutional Conventions, and the Judicial Separation of Powers
-
How Context Shapes the Authority of International Courts
-
How Local Discrimination Can Promote Global Public Goods
-
How Much Does Money Matter in a Direct Democracy?
-
How Understanding the Nature of Corporate Norms Can Prevent Their Destruction by Settlements
-
Human Equity? Regulating the New Income Share Agreements
-
Hunting and the Second Amendment
-
IMPACT OF REGULATION ON INNOVATION
-
INTERNATIONAL REGULATORY COMPETITION AND THE SECURITIES-LAWS - FOREWORD
-
Ideals and Things: International Legal Scholarship and the Prison-House of Language
-
If We Allow Football Players and Boxers to Be Paid for Entertaining the Public, Why Don't We Allow Kidney Donors to Be Paid for Saving Lives?
-
Imagining the United States: Reflections From Constitutional Law
-
Immigration Law and the Regulation of Marriage
-
Immigration's Family Values
-
Implementation and effectiveness of connecticut's risk-based gun removal law: Does it prevent suicides?
-
In Appreciation: Katharine T. Bartlett
-
In Appreciation: Katharine T. Bartlett
-
In Appreciation: Katharine T. Bartlett
-
In Memoriam: Daniel J. Meltzer
-
In re B.G.: The Expanding Role of the Juvenile Court in Child Custody Disputes
-
In the Regulation of Manmade Carcinogens, If Feasibility Analysis is the Answer, What is the Question?
-
In the Shadow of Crisis: The Creation of International Courts in the Twentieth Century
-
In the silence
-
In-House Counsel's Role in the Structuring of Mortgage-Backed Securities
-
Income Averaging After Twenty Years: A Failed Experiment in Horizontal Equity
-
Incommensurability and Cost-Benefit Analysis
-
Incriminating Thoughts
-
Indemnification and Advancement Through an Agency Lens
-
Indenture Trustee Duties: The Pre-Default Puzzle
-
Individualizing Justice Through Multiculturalism: The Liberals' Dilemma
-
Inequality Rediscovered
-
Inequality and Uncertainty: Theory and Legal Applications
-
Injury to Reputation and the Constitution: Confusion Amid Conflicting Approaches
-
Innocence, Harmless Error, and Federal Wrongful Conviction Law
-
Innovation Heuristics: Experiments on Sequential Creativity in Intellectual Property
-
Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law
-
Insider Trading and Contracting: "A Critical Response to the Chicago School"
-
Institutional Settlement in a Globalizing Judicial System
-
Institutions and the Second Amendment
-
Institutions in the Marketplace of Ideas
-
Integrating Statistical Evidence and Legal Theory to Challenge the Selection of Grand and Petit Jurors
-
Intellectual Property Rights in Data?
-
Intellectual Property Rights in Data?
-
Intelligent Design
-
Interbranch Information Sharing: Examining the Statutory Opinion Transmission Project
-
Intermediary Risk in a Global Economy
-
International Adjudication and Custom Breaking by Domestic Courts
-
International Decisions: Grant v. Southwest Trains Ltd.
-
International Delegations and the Values of Federalism
-
International Guidelines Against Impunity: Facilitating Accountability
-
International Law and the U.S. Common Law of Foreign Official Immunity
-
Intrinsic Imbalance: The Impact of Income Disparity on Financial Regulation
-
Introduction to Decentralization and Development
-
Introduction to Mini-Symposium: International Public Goods and the Transfer of Technology Under a Globalized Intellectual Property Regime
-
Introduction to Symposium, Preferences and Rational Choice: New Perspectives and Legal Implications
-
Introduction to “The International Legal Order and the Global Pandemic”
-
Introduction, The Court of Public Opinion: The Practice and Ethics of Trying Cases in the Media
-
Introduction--The Biggest Deal Ever
-
Introduction: Law and Neoliberalism
-
Introduction: Professor Randall Thomas's Depolarizing and Neutral Approach to Shareholder Rights
-
Invalid Forensic Science Testimony and Wrongful Convictions
-
Irrational Ignorance at the Patent Office
-
Is Corporate Criminal Liability Unique?
-
Is Corporate Law Nonpartisan?
-
Is There a First-Drafter Advantage in M&A?
-
Is the Sky Falling on the Federal Government? State Sovereign Immunity, the Section Five Power, and the Federal Balance
-
Is the White Collar Offender Privileged?
-
Islands of Effective International Adjudication: Constructing an Intellectual Property Rule of Law in the Andean Community
-
Iterative Regulation of Securities Markets After Business Roundtable: A Principles-Based Approach
-
Its Hour Come Round at Last?: State Sovereign Immunity and the Great State Debt Crisis of the Early Twenty-First Century
-
JUDICIAL-REVIEW OF FINDINGS OF FACT
-
Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System
-
Joseph Story's Commentaries on the Constitution: A Belated Review
-
Judging Innocence
-
Judging Justice on Appeal
-
Judging Risk
-
Judging Without a J.D.
-
Judging the Flood of Litigation
-
Judgment Proofing: A Rejoinder
-
Judicial Attention as a Scarce Resource: A Preliminary Defense of How Judges Allocate Time Across Cases in the Federal Courts of Appeals
-
Judicial Interpretation in the Face of Uncertainty: A Comment on Schwartz, Spiller, and Urbiztondo
-
Judicial Restraint in the Administrative State: Beyond the Countermajoritarian Difficulty
-
Judicial Review of Labor Agreements: Lessons from the Sports Industry
-
Judicial overkill in applying the rule in Shelley's Case
-
Juries and Expert Evidence: Social Framework Testimony
-
Juries and Lay Assessors in the Commonwealth: A Contemporary Survey
-
Juries and justice: are malpractice and other personal injuries created equal?
-
Juris prudence: Calabresi's uneasy relationship with the coase theorem
-
Jury Room Ruminations on Forbidden Topics
-
Just Blowing Smoke? Politics, Doctrine, and the "Federalist Revival" after Gonzales v. Raich
-
Justification and Excuse in the Program of the Criminal Law
-
Kids, Guns, and Public Policy
-
Kids, guns, and public policy - Foreword
-
LAWS EMPIRE - DWORKIN,R
-
LGBT Rights as Mega-Politics: Litigating Before the ECtHR
-
Land Options for Housing: How New Property Rights Can Break Old Land Monopolies
-
Law and Incommensurability: Introduction
-
Law and Orders: The Problem of Presidential Legislation
-
Law and the New Ecology: Evolution, Categories and Consequences
-
Law's Emperor
-
Laying it on the Line: A Dialogue on Line Item Vetoes and Separation of Powers
-
League Control of Market Opportunities: A Perspective on Competition and Cooperation in the Sports Industry
-
Leaving it up to Treasury: Congressional Abdication on Major Policy Issues in the Early Years of the Income Tax
-
Legal Fiction
-
Legal Integration in the Andes: Law-making by the Andean Tribunal of Justice
-
Legal Realism and the Social Contract: Fuller's Public Jurisprudence of Form, Private, Jurisprudence of Substance
-
Legal roots of authoritarian rule in the middle east: Civic legacies of the islamic waqf
-
Legitimacy and Lawmaking: A Tale of Three International Courts
-
Legitimate Yet Manipulative: The Conundrum of Open-Market Manipulation
-
Let the Buyer in the Ordinary Course of Business Beware: Suggestions for Revising the Prose of the Uniform Commercial Code
-
Lethality, Public Carry, and Adequate Alternatives
-
Lethality, Public Carry, and Adequate Alternatives
-
Letting Billions Slip Through Your Fingers: Empirical Evidence and Legal Implications of the Failure of Financial Institutions To Participate in Securities Class Action Settlements
-
Liability and Admissions of Wrongdoing in Public Enforcement of Law
-
Linguistic Meaning, Nonlinguistic "Expression," and the Multiple Variants of Expressivism: A Reply to Professors Anderson and Pildes
-
Litigating State Interests: Attorney General as Amici
-
Living in the Shadow of American Racism
-
Loaded Dice and Other Problems: A Further Reflection on the Statutory Commander in Chief
-
Local Evidence in Constitutional Interpretation
-
Loyalty to the Law: Politics and the Practice of Public Lawyering in the United States
-
Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms
-
MAJOR EVENTS IN THE EVOLUTION OF AMERICAN-COMMUNITY PROPERTY LAW AND THEIR IMPORT TO EQUITABLE DISTRIBUTION STATES
-
MEDICAL MALPRACTICE - LESSONS FOR REFORM - FOREWORD
-
MODEL OF JUDICIAL REVIEW OF LEGISLATION
-
MacKinnon's Feminism: Power on Whose Terms
-
Machine Learning at the Patent Office: Lessons for Patents and Administrative Law
-
Macroeconomic Consequences of Market Manipulation
-
Madisonian Equal Protection
-
Making Good on Good Intentions: The Critical Role of Motivation in Reducing Implicit Workplace Discrimination
-
Making Sense of Intellectual Property Law
-
Manufacturing Barriers to Biologics Competition and Innovation
-
Manufacturing Outliers
-
Manufacturing Outliers
-
Market Failures and the Evolution of State Regulation of Managed Care
-
Marriage Fraud
-
Marriage and the Income Tax
-
Maybe Just a Little Bit Special, After All?
-
Medical Malpractice: External Influences and Controls
-
Medical malpractice: External influences and controls - Foreword
-
Military Lawyering and Professional Independence in the War on Terror: A Response to David Luban
-
Million Dollar Medical Malpractice Cases in Florida: Post-Verdict and Pre-Suit Settlements
-
Mini-Symposium: International Public Goods and the Transfer of Technology Under a Globalized Intellectual Property Regime
-
Misaligned Lawmaking
-
Misalignment: Corporate Risk-Taking and Public Duty
-
Misplaced Constitutional Rights
-
Modernist Social Theory: Roberto Unger's Passion
-
Monitoring Compliance with Un-ratified Treaties: The ILO Experience
-
Most Claims Settle: Implications for Alternative Dispute Resolution from a Profile of Medical Malpractice Claims in Florida
-
Narrative, Truth, and Trial
-
Navassa: Property, Sovereignty, and the Law of the Territories
-
New Approaches to International Regulatory Cooperation: The Challenge of TTIP, TPP and Mega-Regional Trade Agreements
-
Next-Generation Securitization: NFTs, Tokenization, and the Monetization of ‘Things’
-
No Fault for Medical Injury: Theory and Evidence
-
No Final Victories: The Incompleteness of Equity's Triumph in Federal Public Law
-
No Peace Without Punishment? Reintegrating Islamic State “Collaborators” in Iraq
-
Nonconsensual International Lawmaking
-
Nonsense and the Freedom of Speech: What Meaning Means for the First Amendment
-
Norms and Law: Putting the Horse Before the Cart
-
Not bad for government work: Does anyone else think the Supreme Court is doing a halfway decent job in its Erie-Hanna jurisprudence?
-
Not the Power to Destroy: An Effects Theory of the Tax Power
-
Note, Internationalizing The Copyright Code: An Analysis of Legislative Proposals Seeking Adherence to the Berne Convention
-
Note, Self-Incrimination: Privilege, Immunity and Comment in Bar Disciplinary Proceedings
-
Novel Criminal Fraud
-
ON JUSTIFYING DEMOCRACY - NELSON,WN
-
ON THE MORAL OBLIGATION TO OBEY THE LAW
-
Of Green Tulips and Legal Kudzu: Repackaging Rights in Subpatentable Innovation
-
Of Head Taxes, Income Taxes, and Distributive Justice in American Health Care
-
On Doctors and Judges
-
On Morals, Markets, and Climate Change: Exploring Pope Francis’ Challenge
-
On the Mental State of Consciousness of Wrongdoing
-
On the Political Economy of Global Environmental Regulation
-
Only Girls Wear Barrettes: Dress and Appearance Standards, Community Norms and Workplace Equality
-
Open Prosecution
-
Oppressed but Not Betrayed: A Comparative Assessment of Canadian Remedies for Minority Shareholders and Nonshareholder Constituents
-
Order Without Judges: Customary Adjudication
-
Our Partners' Keepers? Agency Dimensions of Partnership Relationships
-
Our Place in the World: A New Relationship for Environmental Ethics and Law
-
Overcoming the Great Forgetting: A Comment on Fishkin and Forbath
-
Overlegalizing Human Rights: International Relations Theory and the Commonwealth Caribbean Backlash Against Human Rights Regimes
-
Overregulation of health care: Musings on disruptive innovation theory
-
POWER OF LANGUAGE - PRESENTATIONAL STYLE IN THE COURTROOM
-
PROPERTY AND SUPPORT RIGHTS OF UNMARRIED COHABITANTS - A PROPOSAL FOR CREATING A NEW LEGAL STATUS
-
Pac-Man Tender Offers
-
Panel Assignment in the Federal Courts of Appeals
-
Pangloss was right: Reforming congress is useless, expensive, or harmful
-
Parchment Matters: A Meditation on the Constitution as Text
-
Patent Office Cohorts
-
Patent Trial and Appeal Board's Consistency-Enhancing Function
-
Patent Validity Across the Executive Branch: Ex Ante Foundations for Policy Development
-
Patents, Innovation and Access to New Pharmaceuticals
-
Patriotic Philanthropy? Financing the State with Gifts to Government
-
Paying for Politics
-
People as Resources: Recruitment and Reciprocity in the Freedom-Promoting Approach to Property
-
Perspectives on Choice of Law for Corporate Internal Affairs
-
Perspectives on the Presidency
-
Perversity, Futility, Jeopardy: An Economic Analysis of the Attack on Gun Control
-
Plenary Power Preemption
-
Plus factors and agreement in antitrust law
-
Pointing Guns
-
Pointing Guns
-
Pointing Guns
-
Policy Analysis for Natural Hazards: Some Cautionary Lessons from Environmental Policy Analysis
-
Policy, politics, and paradox: The institutional origins of the great American gun war
-
Politics, Power, and Public Health: A Comment on Public Health's New World Order
-
Polygamy, Prostitution, and the Federalization of Immigration Law
-
Popular Constitutionalism and the Rule of Recognition: Whose Practices Ground U.S. Law?
-
Popular Constitutionalism and the Underenforcement Problem: The Case of the National Healthcare Law
-
Post-disaster Tax Legislation: A Series of Unfortunate Events
-
Power, Exit Costs, and Renegotiation in International Law
-
Predicting the Effects of Attorney Fee Shifting
-
Preemption and Federal Common Law
-
Preemption at Sea
-
Preface: The Second Generation of Second Amendment Law & Policy
-
Preference, Presumption, Predisposition, and Common Sense: From Traditional Custody Doctrines to the American Law Institute's Family Dissolution Project
-
Pregnancy and the Constitution: The Uniqueness Trap
-
Presidential Popular Constitutionalism
-
Pricing Compliance: When Formal Remedies Displace Reputational Sanctions
-
Principles for effective gun policy
-
Prior Similar Acts in Prosecutions for Rape and Child Sex Abuse
-
Prioritizing Past Caretaking in Child-Custody Decisionmaking
-
Private Equity’s Governance Advantage: A Requiem
-
Private Ordering
-
Private Ordering of Public Markets: The Rating Agency Paradox
-
Privately Legislated Intellectual Property Rights: Reconciling Freedom of Contract With Public Good Uses of Information
-
Privatizing Public Litigation
-
Proactive Legislation and the First Amendment
-
Professor Greenawalt's Unfashionable Idea
-
Property and Empire: The Law of Imperialism in Johnson v. M'Intosh
-
Prophets, Priests and Pragmatists
-
Protecting Financial Markets: Lessons from the Subprime Mortgage Meltdown
-
Proving genocidal intent: International pecedent and eccc case 002
-
Public Discourse, Expert Knowledge, and the Press
-
Public Opinion and the Death Penalty
-
Public Opinion, the Death Penalty, and the Eighth Amendment: Testing the Marshall Hypothesis
-
Public Programs, Private Financing
-
Public Reporting of Monitorship Outcomes
-
Public and Private Enforcement of the Securities Laws: Have Things Changed Since Enron?
-
Public policy perspectives: Principles for effective gun policy
-
Punishment and Crime: A Critique of Recent Findings on the Preventive Effects of Punishment
-
Punitive Damages by Juries in Florida: In Terrorem and In Reality
-
Purposes and Effects in Criminal Law
-
Putting Law and Politics in the Right Places - Reforming the Independent Counsel Statute
-
Putting desert in its place
-
Quantitative analysis of coordinated effects
-
Quieting the Shareholders' Voice: Empirical Evidence of Pervasive Bundling in Proxy Solicitations
-
RETROACTIVITY OF 1975 CALIFORNIA COMMUNITY PROPERTY REFORMS
-
ROLE OF SUPREME-COURT IN AMERICAN GOVERNMENT - COX,A
-
Race, Class, and Access to Civil Justice
-
Race, Economic Class, and Employment Opportunity
-
Race-Conscious Student Assignment Plans: Balkanation, Integration, and Individualized Consideration
-
Radical Tax Reform, the Constitution, and the Conscientious Legislator
-
Rational Choice Versus Republican Moment - Explanations for Environmental Laws
-
Rationality of the Common Law
-
Rationing Through Choice: A New Approach to Cost-Effectiveness Analysis in Health Care
-
Reason and Law
-
Reasoning About the Irrational: The Roberts Court and the Future of Constitutional Law
-
Rebuilding Illinois Brick: A Functionalist Approach to the Indirect Purchaser Rule
-
Recent Developments: Regulation of Racist Speech: In re Welfare of R.A.V.
-
Reciprocal Legitimation in the Federal Courts System
-
Reconfiguring the Summary Jury Trial
-
Reconsidering Supervisory Power in Criminal Cases: Constitutional and Statutory Limits on the Authority of the Federal Courts
-
Recusal and Bush v. Gore
-
Redefining Government's Role in Health Care: Is a Dose of Competition What the Doctor Should Order?
-
Redesigning the European Court of Human Rights: Embeddedness as a Deep Structural Principle of the European Human Rights Regime
-
Reexpressing Parenthood
-
Reform of IMF Conditionality - A Proposal for Self-Imposed Conditionality
-
Regulating Complacency: Human Limitations and Legal Efficacy
-
Regulating Derivatives: A Fundamental Rethinking
-
Regulating Digital Currencies: Towards an Analytical Framework
-
Regulating Ex Post: How Law Can Address the Inevitability of Financial Failure
-
Regulating Financial Change: A Functional Approach
-
Regulating Global Stablecoins: A Model-Law Strategy
-
Regulating Scientific Research: Intellectual Property Rights and the Norms of Science
-
Regulating Systemic Risk in Insurance
-
Regulating Systemic Risk: Towards an Analytical Framework
-
Regulatory Duopoly for U.S. Securities Markets
-
Reimagining the Marshall Court
-
Reinventing the SEC by Staring Into Its Past
-
Relationships of Trust and Confidence in the Workplace
-
Renegotiating International Investment Law
-
Renegotiation and Specific Performance
-
Reporter's Draft for Working Group on Principles to Use When Considering the Federalization of Criminal Law
-
Requirements and Output Contracts: Quantity Variations under the UCC
-
Researching Litigation: The Medical Malpractice Example
-
Resolving Malpractice Disputes: Imaging the Jury's Shadow
-
Responding to Agency Avoidance of OIRA
-
Responsibility and fault
-
Retail Rebellion and the Second Amendment
-
Rethinking Cost-Benefit Analysis
-
Rethinking Derogations from Human Rights Treaties
-
Rethinking Freedom of Contract: A Bankruptcy Paradigm
-
Rethinking Parenthood as an Exclusive Status: The Need for Legal Alternatives When the Premise of the Nuclear Family Has Failed
-
Rethinking U.S. Securities Laws in the Shadow of International Regulatory Competition
-
Rethinking the Disclosure Paradigm in a World of Complexity
-
Rethinking the Role of Recourse in the Sale of Financial Assets
-
Retiring Corporate Retribution
-
Retiring Corporate Retribution
-
Retribution and the Experience of Punishment
-
Revenge for the Condemned
-
Revenge for the Condemned
-
Reverse Incorporation of State Constitutional Law
-
Reviving Republicanism
-
Revolving Elites: The Unexplored Risk of Capturing the SEC
-
Reweaving the Corporate Veil: Management Structure and the Control of Corporate Information
-
Rights Against Risks
-
Rights Against Rules: The Moral Structure of American Constitutional Law
-
Rights To and Not To
-
Rights, Rules and the Structure of Constitutional Adjudication: A Response to Professor Fallon
-
Rights-Weakening Federalism
-
Ring-Fencing
-
Risk Equity: A New Proposal
-
Risk Regulation and Innovation: The Case of Rights-Encumbered Biomedical Data Silos
-
Risk in the Republic
-
Risk, Death and Harm: The Normative Foundations of Risk Regulation
-
Robinson Everett: The Citizen Lawyer Ideal Lives On
-
Robinson O. Everett and National Security
-
Rooker-Feldman: Worth only the powder to blow it up?
-
Rule-Based Dispute Resolution in International Trade Law
-
Rules for Originalists
-
S.1232: A Late Entry in the Race for Malpractice Reform
-
SEC Enforcement Heuristics: An Empirical Inquiry
-
SHOULD PERMANENT FACULTY TEACH 1ST-YEAR LEGAL WRITING - A DEBATE
-
SILENCE, CONFESSIONS, AND THE NEW ACCURACY IMPERATIVE
-
SOCIAL-JUSTICE IN THE LIBERAL STATE - ACKERMAN,BA
-
SOCIAL-ORDER AND THE LIMITS OF LAW - JENKINS,I
-
SUBSTITUTION LAWS AND INNOVATION IN THE PHARMACEUTICAL-INDUSTRY
-
Sandra Day O’Connor’s "First" Principles: A Constructive Vision for an Angry Nation
-
Saving the Political Consensus in Favor of Free Trade
-
School Naming Rights and the First Amendment's Perfect Storm
-
Scoping and Defining Financial Inclusion, Access to Credit, and Sustainable Finance
-
Scoping and Defining Financial Inclusion, Access to Credit, and Sustainable Finance
-
Searching Secrets
-
Searching for the Corporation's Voice in Derivative Suit Litigation: A Critique of Zapata and the ALI Project
-
Second Amendment Equilibria
-
Second Things First: What Free Speech Can and Can't Say About Guns
-
Securing Compliance with the TRIPS Agreement After U.S. v. India
-
Securities Class Actions as Public Law
-
Seeing the Trees Within the Forest: Contextualized Ethics Courses as a Strategy for Teaching Legal Ethics
-
Self-Defense, Defense of Others, and the State
-
Selling State Borders
-
Sen and the Hart of Jurisprudence: A Critique of the Economic Analysis of Judicial Behavior
-
Sex Neutrality
-
Sex in Sport
-
Sex, Lies, and Dissipation: The Discourse of Fault in a No-Fault Era
-
Shades of Brown: the Law of Skin Color
-
Shadow Unilateralism: Enforcing International Trade Law at the WTO
-
Shifting Sands: Power, Uncertainty and the Form of International Legal Cooperation
-
Short ends of the stick: The plight of growers and consumers in concentrated agricultural supply chains
-
Silence, confessions, and the new accuracy imperative
-
Small Property, Big Market: A Focal Point Explanation
-
Soft Law as Governing Law
-
Some Modest Uses of Transnational Legal Perspectives in First-Year Constitutional Law
-
Some Notes on Principled Pragmatism
-
Some Observations Regarding Gabriella Blum's "Fog of Victory"
-
Some Pluralism About Pluralism: A Comment on Hanoch Dagan's "Pluralism and Perfectionism in Private Law"
-
Some Reflections on Antitrust Treatment of Intellectual Property
-
Something Borrowed for Something Blue: Legal Transplants and the Evolution of Global Environmental Law
-
Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach
-
Sovereigns, Trustees, Guardians: Private-Law Concepts and the Limits of Legitimate State Power
-
Special Incentives to Sue
-
Spectrum Abundance and the Choice Between Private and Public Control
-
Speech and Press Clauses
-
Stalking the Yeti: Protective Jurisdiction, Foreign Affairs Removal, and Complete Preemption
-
Standard-setting consortia, antitrust, and high-technology industries
-
Standing While Black: Distinguishing Lyons in Racial Profiling Cases
-
Standing, Equity, and Injury in Fact
-
State Accountability for Violations of Intellectual Property Rights: How To ‘Fix’ Florida Prepaid (And How Not To)
-
State DOMAs, Neutral Principles, and the Mobius of State Action
-
State Enforcement of Federal Law
-
State Public Law Litigation in an Age of Polarization
-
State Public-Law Litigation in an Age of Polarization
-
State Public-Law Litigation in an Age of Polarization
-
State Sovereign Immunity and Stare Decisis: Solving the Prisoners' Dilemma Within the Court
-
State Sovereign Immunity and the Future of Federalism
-
State Standing and Cooperative Federalism
-
State-Local Litigation Conflicts
-
Stealing (Identity) From the Poor
-
Stepping into the Same River Twice: Rapidly Changing Facts and the Appellate Process
-
Storytelling
-
Strategic Enforcement
-
Strategic Regulators and the Choice of Rulemaking Procedures: The Selection of Formal vs. Informal Rules in Regulating Hazardous Waste
-
Strengthening Financial Reporting: An Essay on Expanding the Auditor's Opinion Letter
-
Struck By Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination
-
Structural Reform Prosecution
-
Sub-regional Courts in Africa: Litigating the Hybrid Right to Free Movement of Persons
-
Suboptimal Social Science and Judicial Precedent
-
Synthetic Biology: The Intellectual Property Puzzle
-
Systematic Regulation of Systemic Risk
-
Systemic Risk
-
THE EMERGING THRESHOLD APPROACH TO STATE ACTION DETERMINATIONS - TRYING TO MAKE SENSE OF FLAGG-BROTHERS-INC V BROOKS
-
THE LEGAL THEORY OF ATTORNEY FEE SHIFTING - A CRITICAL OVERVIEW
-
THE RECRUITMENT OF LAW FACULTY
-
THE RIGHT OF PROPERTY AND THE LAW OF THEFT
-
Taking the Medicine with Angst: An Economist's View of the TRIPS Agreement
-
Talking Judges
-
Tax Law’s Workplace Shift
-
Tax Shelters and the Search For the Silver Bullet
-
Tax and the Married Woman
-
Tax or Welfare? The Administration of the Earned Income Credit
-
Taxing Endowment
-
Taxing Gains at Death
-
Taxing women - McCaffery,EJ
-
Teaching Values: A Dilemma
-
Teaching legal ethics - Foreword
-
Temporal Perspectives: Resolving the Conflict Between Current and Future Investors
-
Tennis with the Net Down: Administrative Federalism Without Congress
-
Tennis with the Net Down: Administrative Federalism without Congress
-
Terrorism and Unilateralism: Criminal Jurisdiction and International Relations
-
Testing Compliance
-
Testing Compliance
-
Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second
-
The 1974 Federal Election Campaign Act Amendments: The Shortcomings of Good Intentions
-
The 2011 Diane Sanger Memorial Lecture: Protecting Investors in Securitization Transactions: Does Dodd-Frank Help, or Hurt?
-
The ALI, Insitutionalization and Disclosure: The Quest for the Outside Director's Spine
-
The American Transformation of Waste Doctrine: A Pluralist Interpretation
-
The Antitrust of Reputation Mechanisms: Institutional Economics and Concerted Refusals to Deal
-
The Applicability of Just Compensation to Substantive Due Process Claims
-
The Attraction of Law and Economics: Is Law an Autonomous Discipline?
-
The Authoritarian Commons: Divergent Paths of Neighborhood Democratization in Three Chinese Megacities
-
The Blaming Function of Entity Criminal Liability
-
The Boom and Bust of American Imprisonment
-
The Bootstrap Trap
-
The Broken Safety Net: A Study on Earned Income Tax Credit Recipients and a Proposal for Repair
-
The Bronx Bronx Jury": A Profile of Civil Jury Awards In New York Counties"
-
The Case for Legal Regulation of Physicians' Off-Label Prescribing
-
The Challenge of Co-Religionist Commerce
-
The Chilly Climate on College Campuses: An Expansion of the "Hate Speech" Debate
-
The Circuit Councils: Rusty Hinges of Federal Judicial Administration
-
The City’s Second Amendment
-
The Commerce Power and Criminal Punishment: Presumption of Constitutionality or Presumption of Innocence?
-
The Compleat Jeffersonian: Justice Rehnquist and Federalism
-
The Compliance Process
-
The Concept of International Delegation
-
The Consequences of Congress's Choice of Delegate: Judicial and Agency Interpretations of Title VII
-
The Consequences of Enlisting Federal Grand Juries in the War on Terrorism: Assessing the Patriot Act's Changes to Grand Jury Secrecy
-
The Conservative Case for Federalism
-
The Constitution Outside the Constitution
-
The Constitutional Standing of Corporations
-
The Constitutionality of the Bank Bill: The Attorney General's First Constitutional Law Opinions
-
The Constitutionality of the Bank Bill: The Attorney General's First Constitutional Law Opinions
-
The Continuity of Statutory and Constitutional Interpretation: An Essay for Phil Frickey
-
The Contours and Composition of Agency Doctrine: Perspectives from History and Theory on Inherent Agency Power
-
The Conundrum of Covered Bonds
-
The Corporate Criminal as Scapegoat
-
The Corrosive Combination of Nonprofit Monopolies and U.S.-Style Health Insurance: Implications for Antitrust and Merger Policy
-
The Costs of Bankruptcy
-
The Court and the Code: A Response to 'The Warp and Woof of Statutory Interpretation'
-
The Creativity Effect
-
The Crime Lab in the Age of the Genetic Panopticon
-
The Custom-to-Failure Cycle
-
The Death Penalty and the Fifth Amendment
-
The Decline of the Virginia (and American) Death Penalty
-
The Defense of Necessity Considered from the Legal and Moral Points of View
-
The Deregulation of Private Capital and the Decline of the Public Company
-
The Discovery Survey
-
The Discrete Roles of General Counsel
-
The Dogs that Did Not Bark: The Silence of the Legal Academy During World War II
-
The Doha Round's Public Health Legacy: Strategies for the Production and Diffusion of Patented Medicines Under the Amended TRIPS Provisions
-
The Durability of Law School Reputation
-
The Easy Case for the Priority of Secured Claims in Bankruptcy
-
The Effects of Volunteering on the Volunteer.
-
The Emperor Has No Clothes: Confronting the D.C. Circuit's Usurpation of SEC Rulemaking Authority
-
The End of Intuition-Based High-Crime Areas
-
The Ends of Intellectual Property: Health as a Case Study
-
The Enduring Distinction Between Business Entities and Security Interests
-
The Ethics of Empire, Again (Review Essay)
-
The Evolution of Relational Property Rights: A Case of Chinese Rural Land Reform
-
The Exclusionary Rule and the Meaning of Separation of Powers
-
The Executive and the Avoidance Canon
-
The Failed Reform: Congressional Crackdown on Repeat Chapter 13 Bankruptcy Filers
-
The Federal Retail Sales Tax that Wasn't: An Actual History and an Alternative History
-
The Financial Crisis and Credit Unavailability: Cause or Effect?
-
The First Amendment and Cyberspace: The Clinton Years
-
The Future of International Regulatory Cooperation: TTIP as a Learning Process Towards a Global Policy Laboratory
-
The Geography of a Constitutional Right: Gun Rights Outside the Home
-
The Geography of a Constitutional Right: Gun Rights Outside the Home
-
The Globalization of Private Knowledge Goods and the Privatization of Global Public Goods
-
The Gospel According to Roberto: A Theological Polemic
-
The Governance Structure of Shadow Banking: Rethinking Assumptions About Limited Liability
-
The Government's Prioritization of Information Over Sanction: Implications for Compliance
-
The Great American Tax Novel
-
The Hidden Dimension of Nineteenth-Century Immigration Law
-
The Impact of Tax-Exempt Status: The Supply-Side Subsidies
-
The Implications of 'Resegregation' for Judicially Imposed School Segregation Remedies
-
The Inequities of Equitable Subordination
-
The Information Revolution Reaches Pharmaceuticals: Balancing Innovation Incentives, Cost, and Access in the Post-Genomics Era
-
The Inherent Irrationality of Judgment Proofing
-
The Intellectual Property Clause in Contemporary Trademark Law
-
The Interaction of Constitutional Privilege and Statutory Immunity in Bankruptcy Examinations
-
The Justice of Economics: An Analysis of Wealth Maximization as a Normative Goal
-
The Lanham Act after fifty years - Foreword
-
The Law School Curriculum: The Process of Reform
-
The Law and Science of Eyewitness Evidence
-
The Law of Corporate Investigations and the Global Expansion of Corporate Criminal Liability
-
The Lawyer as Agent
-
The Legal Ethics of Pediatric Research
-
The Limits of Courage and Principle
-
The Limits of Lawyering: Legal Opinions in Structured Finance
-
The Logic of Scarcity: Idle Spectrum as a First Amendment Violation
-
The Long Environmental Justice Movement
-
The Mechanics of Federal Appeals: Uniformity and Case Management in the Circuit Courts
-
The Modern Misunderstanding of Original Intent
-
The Monitor-"Client" Relationship
-
The Moral Psychology of Copyright Infringement
-
The Most Important Current Research Questions in Urban Ecosystem Services
-
The Myth of Pretax Income
-
The Myth of the Reliability Test
-
The NCAA and the IRS: Life at the Intersection of College Sports and the Federal Income Tax
-
The NCAA and the IRS: Life at the Intersection of College Sports and the Federal Income Tax
-
The National Energy Research Plans--ERDA-48, ERDA 76-1 and ERDA 77-1
-
The National Security Consequences of the Major Questions Doctrine
-
The New Etiquette of Federalism: New York, Printz and Yeskey
-
The New Innovation Frontier? Intellectual Property and the European Court of Human Rights
-
The Norm of Prior Judicial Experience and Its Consequences for Career Diversity on the U.S. Supreme Court
-
The North Carolina Racial Justice Act: An Essay on Substantive and Procedural Fairness in Death Penalty Litigation
-
The Office of the Chief Circuit Judge
-
The Oldest Question of Constitutional Law
-
The Original Theory of Constitutionalism
-
The Original Understanding of Original Intent
-
The Other Delegate: Judicially Administered Statutes and the Nondelegation Doctrine
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The Outsized Influence of the FCPA?
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The PC Harangue
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The Paradox of Delaware's 'Tools at Hand' Doctrine: An Empirical Investigation
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The Paradoxical Impact of Scalia’s Campaign Against Legislative History
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The Perils of Writing an Intellectual History of Torts
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The Politics of Nature: Climate Change, Environmental Law, and Democracy
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The Politics of Reason
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The Politics of Statutory Interpretation
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The Positive Political Theory of Cost-Benefit Analysis: A Comment on Johnston
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The Power of Language: Presentational Style in the Courtroom
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The President's Authority Over Foreign Affairs: An Executive Branch Perspective
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The Principles of '98: An Essay in Historical Retrieval
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The Problem of Doping
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The Problem of Doping
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The Proficiency of Experts
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The Promise of Senior Judges
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The Province and Duty of Political Departments
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The Purposes and Accountability of the Corporation in Contemporary Society: Corporate Governance at a Crossroads
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The Puzzle of Ex Ante Efficiency: Does Rational Approvability have Moral Weight?
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The Quality of Managed Care: Evidence from the Medical Literature
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The Qur'an and the Common Law: Islamic Law Reform and the Theory of Legal Change
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The Qur'an and the Common Law: Islamic Law Reform and the Theory of Legal Change
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The Rehnquist Court's Two Federalisms
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The Relation Between Procedural and Distributive Justice
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The Relevance of the Duty of Care Standard in Corporate Governance
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The Remedy Gap: Institutional Design, Retaliation, and Trade Law Enforcement
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The Right Not to Keep or Bear Arms
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The Rights of Marriage: Obergefell, Din, and the Future of Constitutional Family Law
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The Role of Cost in Educational Decision making for the Handicapped Child
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The Role of Liability Rules and the Derivative Suit in Corporate-Law - A Theoretical and Empirical-Analysis
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The Seattle Compromise: Multicultural Sensitivity and Americanization
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The Second Amendment, Sensitive Places, and Self Government
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The Second Enclosure Movement and the Construction of the Public Domain
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The Section 5 Mystique, Morrison, and the Future of Federal Antidiscrimination Law
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The Shape of Public-Lands Law and Trump's National Monument Proclamations
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The Silver Anniversary of the United States' Exclusive Economic Zone: Twenty-five Years of Ocean Use and Abuse, and the Possibility of a Blue Water Public Trust Doctrine
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The Stages of Scandal and the Roles of General Counsel
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The State of Legal Writing: Res Ipsa Loquitur
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The State of the Death Penalty
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The Structure of Entitlements
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The Substance of False Confessions
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The Supreme Court, 1991 Term - Leading Cases
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The Surprising Relevance of Medical Malpractice Law
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The Tax Exempt Status of Communitarian Religious Organizations: An Unnecessary Controversy?
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The Taxation of Foreign Investment Income in Canada, the United States and Mexico
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The Theory and Practice of Tax Reform
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The Thirteenth Amendment and the Regulation of Custom
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The Trajectory of Federal Gun Crimes
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The Trouble With Gig Talk: Choice of Narrative and the Worker Classification Fights
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The Two "Two Americas" of Trump and Romney
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The Unintended Consequences of Enhancing Gun Penalties: Shooting Down the Commerce Clause and Arming Federal Prosecutors
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The Untenable Case for Chapter-11
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The Upside of Overbreadth
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The Use and Abuse of Special-Purpose Entities in Public Finance
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The Validity of Grant-Back Clauses in Patent Licensing Agreements
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The Virtue of Judicial Statesmanship
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The Wandering Officer
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The absence of the corporation in Islamic law: Origins and persistence
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The art of description: How John Noonan reasons
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The geography of trading ecosystem services: A case study of wetland and stream compensatory mitigation markets
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The geography of trading ecosystem services: case study in stream and wetland mitigation banking
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The globalizing jury trial: Lessons and insights from Korea
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The limits of proxy decisionmaking for incompetents.
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The long-term effects of hedge fund activism
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The road from medical injury to claims resolution: How no-fault and tort differ
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The special problem of cultural differences in effects of corporal punishment
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The universal audience and predictive theories of law
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Theorizing the Law/Politics Distinction: Neutral Principles, Affirmative Action, and the Enduring Insight of Paul Mishkin
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There Are Plaintiffs and ... There Are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements
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Think Globally, Act Globally: The Limits of Local Climate Policies
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Thomas Hobbes and the Invented Tradition of Positivism: Reflections on Language, Power, and Essentialism
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Three Models of Adjudicative Representation
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Too Big to Fool: Moral Hazard, Bailouts, and Corporate Responsibility
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Too Many and Yet Too Few: New Principles to Define the Proper Limits for Federal Criminal Jurisdiction
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Toward a Theory of Effective Supranational Adjudication
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Toward a global regime of vessel anti-fouling
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Towards a Centralized Perfection System for Cross-Border Receivables Financing
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Towards an International Right to Claim Innocence
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Trade Law and Supply Chain Regulation in a Post-COVID-19 World
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Trade and the Separation of Powers
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Tradition as Past and Present in Substantive Due Process Analysis
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Tradition, Change, and the Idea of Progress in Feminist Legal Thought
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Transferable Sovereignty: Lessons from the History of the Congo Free State
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Transmitting, Editing, and Communicating: Determining What 'The Freedom of Speech' Encompasses
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Transparency, Opacity and Openness in Narrative
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Transplanting the European Court of Justice: The Experience of the Andean Tribunal of Justice
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Treaties as "Part of our Law"
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Trust and Tension in Corporations
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Two Decades of Corporate Criminal Enforcement
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Two Decades of Corporate Criminal Enforcement
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Two Methods for Evaluating Duty to Rescue Proposals
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UNCONSTITUTIONALLY ILLEGITIMATE DISCRIMINATION
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UNDERLYING CONTRADICTIONS IN THE SUPREME-COURT CLASSIFICATION OF DEFAMATION
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Understanding Causation in Private Securities Lawsuits: Building on Amgen
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Understanding Change in International Organizations: Globalization and Innovation in the ILO
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Understanding the (Ir)Relevance of Shareholder Votes on M&A Deals
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Understanding the Hidden Agenda
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Understanding the Malpractice Wars
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Unified Criminal Justice Reform
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Uniformity Versus Flexibility: A Review of the Rhetoric
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Universal Jurisdiction, the Alien Tort Statute, and Transnational Public Law Litigation after Kiobel
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Unpacking Third-Party Standing
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Unpacking the State's Reputation
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Using Medicare administrative data to conduct postmarketing surveillance of follow-on biologics: issues and opportunities.
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VALUING LIVES - FOREWORD
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Validation capital
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Valuing Intellectual Property: An Experiment
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Valuing Life and Limb in Tort: Scheduling 'Pain and Suffering'
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Valuing Lives: When and How Should Society Spend its Scarce Resources to Decrease Mortality
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Vice
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Viral Injustice
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Visiting Judges
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Vote-Trading in International Institutions
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WHY THE 1ST-AMENDMENT SHOULD NOT BE INTERPRETED FROM THE PATHOLOGICAL PERSPECTIVE - A RESPONSE
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Wade H. McCree, Jr.
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Walking Back Dissents on the European Court of Human Rights: A Rejoinder to Alec Stone Sweet, Wayne Sandholtz and Mads Andenas
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Walking Back Human Rights in Europe?
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We Are All Saying Much the Same Thing: A Rejoinder to the Comments of Professors Coffee, Macy, and Simon
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Weak and Strong Judicial Review
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Wealth Inequality
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Welfare Polls: A Synthesis
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Welfare as Happiness
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Well-Being Analysis vs. Cost-Benefit Analysis
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What Is Securities Fraud?
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What Makes the Family Special?
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What We Fret About When We Fret About Bootstrapping
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What is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment
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What is Securitization? And for What Purpose?
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What's a Name Worth?: Experimental Tests of the Value of Attribution in Intellectual Property
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When Copyright Law and Science Collide: Empowering Digitally Integrated Research Methods on a Global Scale
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When Copyright Law and Science Collide: Empowering Digitally Integrated Research Methods on a Global Scale
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When Good Preferences Go Bad: A Critical Analysis of the Anti-Tax Shelter Provisions of the Tax Reform Act of 1986
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When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller
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When Money Grew on Trees: The Untold Story of Lucy v. Zehmer
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Where and How to Draw the Line Between Reasonable Corporal Punishment and Abuse
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White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co.
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Who's Afraid of the APA? What the Patent System Can Learn from Administrative Law
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Who's Afraid of the APA? What the Patent System Can Learn from Administrative Law
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Whose Rights? What Danger?
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Why Did Belgium Pay Leopold’s Bonds?
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Why States Create International Tribunals: A Response to Professors Posner and Yoo
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Will Delaware Be Different? An Empirical Study of TC Heartland and the Shift to Defendant Choice of Venue
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Women's sports and the forgotten gender
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World Music on a U.S. Stage: A Berne/TRIPs and Economic Analysis of the Fairness in Music Licensing Act
-
Xenophobic Conspiracy Theories and the Long Roots of January Sixth
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You've Come a Long Way, Baby: Two Waves of Juvenile Justice Reforms as Seen from Jena, Louisiana
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Keywords of People
-
Cobb, Jasmine Nichole,
Professor of African and African American Studies,
Art, Art History & Visual Studies
-
Farahany, Nita A.,
Robinson O. Everett Distinguished Professor of Law,
Duke Science & Society
-
Goss, Kristin Anne,
Professor in the Sanford School of Public Policy,
Law School
-
Holloway, Karla,
James B. Duke Distinguished Professor Emerita of English,
English
-
Kadivar, Mohsen,
Research Professor in the Department of Religious Studies,
Religious Studies
-
Sinnott-Armstrong, Walter,
Chauncey Stillman Distinguished Professor of Practical Ethics,
Duke Science & Society
-
Sosin, Joshua D.,
Associate Professor of Classical Studies,
Classical Studies
-
Vanberg, Georg,
Ernestine Friedl Distinguished Professor of Political Science,
Political Science