Submissions from 2019
Demystifying Patent Holdup, Tom Cotter
Fractured Justice: An Experimental Study of Pretrial Judicial Decision-Making, Prentiss Cox
Wayfair Undermines Nicastro: The Constitutional Connection Between State Tax Authority and Personal Jurisdiction, Allan Erbsen
Forty Years of American Sentencing Guidelines: What Have We Learned?, Richard Frase
Suspended Sentences and Free-Standing Probation Orders in U.S. Guidelines Systems: A Survey and Assessment, Richard Frase
To Repudiate or Merely Curtail? Justice Gorsuch and Chevron Deference, Kristin Hickman
The Chevronization of Auer, Kristin Hickman and Mark R. Thomson
“Tone at the Top” and the Communication of Corporate Values: Lost in Translation?, Claire Hill
The Many Inequalities of International Law, Neha Jain
On Public Employees and Judicial Buck-Passing: The Respective Roles of Statutory and Constitutional Protections for Government Whistleblowers, Heidi Kitrosser
Energy and Eminent Domain, Alexandra Klass
Public Utilities and Transportation Electrification, Alexandra Klass
Polarized Justice? Changing Patterns of Decision-Making in the Federal Courts, Herbert M. Kritzer
Owning Colors, Jon J. Lee
Shareholder Democracy and Special Interest Governance, John Matheson and Vilena Nicolet
Energy Re-Investment, Brett McDonnell, Jacqueline Peel, and Anita Foerster
The Duty of Data Security, William McGeveran
Constitutionalized Human Rights Law in Mexico: Hope for Central American Refugees?, Steve Meili
State Individual Income Tax Conformity in Practice: Evidence from the Tax Cuts & Jobs Act, Amy B. Monahan
Ameliorating the Federal Trial Penalty through a Systematic Judicial “Second Look” Procedure, JaneAnne Murray
How Can States Counter Terrorism While Protecting Human Rights?, Fionnuala Ní Aoláin
Between Reparations and Repair: Assessing the Work of the ICC Trust Fund for Victims Under Its Assistance Mandate, Fionnuala Ní Aoláin and Anne Dutton
Accuracy in Public Law Enforcement Under Political Competition: Comment, Francesco Parisi
Productive and Unproductive Competition: A Unified Framework, Francesco Parisi, Alice Guerra, and Barbara Luppi
Rethinking Police Rulemaking, Maria Ponomarenko
Fourth Amendment Reasonableness After Carpenter, Alan Rozenshtein
Wicked Crypto, Alan Rozenshtein
Regulating Entities and Activities: Complementary Approaches to Nonbank Systemic Risk, Daniel Schwarcz
The Failure of Youth Sports Concussion Laws and the Limits of Legislating Health Education, Francis Shen
What Exactly Is the Rule of Law?, Robert Stein
Fifty Years of American Sentencing Reform: Nine Lessons, Michael Tonry
Predictions of Dangerousness in Sentencing: Déjà Vu All Over Again, Michael Tonry
Explaining the Rise of Diaspora Institutions, Paul Vaaler, Alan Gamlen, and Michael E. Cummings
Human Rights Conditions: What We Know and Why It Matters, David Weissbrodt and Patrick Finnegan
Submissions from 2018
Direct Threat and Business Necessity: Understanding and Untangling Two ADA Defenses, Stephen Befort
The Declining Fortunes of American Workers: Six Dimensions and an Agenda for Reform, Stephen Befort
A New Historical Jurisprudence?, Brian Bix
Commodified Promises and Contract Theory, Brian Bix
Contract Law and the Common Good, Brian Bix
Fixing Foreclosure, Ann Burkhart
Gender and the Tournament: Reinventing Antidiscrimination Law in an Age of Inequality, June Carbone, Nancy Levit, and Naomi Cahn
Surrogacy Professionalism, June Carbone and Christina O. Miller
The Promise and Failure of Silence as a Shield Against Immigration Enforcement, Linus Chan
Understanding “Sanctuary Cities”, Linus Chan, Juliet P. Stumpf, Christopher N. Lasch, and Ingrid V. Eagly
Patent Damages Heuristics, Tom Cotter
Strategies of Public UDAP Enforcement, Prentiss Cox, Mark Totten, and Amy Widman
Punishing Kids in Juvenile and Criminal Court, Barry Feld
A Consumer’s Guide to Sentencing Reform: Reflections on Zimring’s Cautionary Tale, Richard Frase
A Measure of Tolerance: Public Attitudes on Sentencing Enhancements for Old and Juvenile Prior Records, Richard Frase, Kelly Mitchell, Rhys Hester, and Julian V. Roberts
Prior Record Enhancements at Sentencing: Unsettled Justifications and Unsettling Consequences, Richard Frase, Kelly Lyn Mitchell, Rhys Hester Hester, and Julian V. Roberts
How Is Competition Policy Coping with Atlantic Area Airline Markets?, Daniel Gifford and Robert T. Kudrle
Standards of Proof and Civil Litigation: A Game-Theoretic Analysis, Alice Guerra, Barbara Luppi, and Francesco Parisi
SOPRA? So What?: Chevron Reform Misses the Target Entirely, Kristin Hickman
Symbolism and Separation of Powers in Agency Design, Kristin Hickman
Panel Effects in Administrative Law: A Study of Rules, Standards, and Judicial Whistleblowing, Kristin Hickman, Emerson H. Tiller, and Morgan Hazelton
An Identity Theory of the Short- and Long-Term Investor Debate, Claire Hill
Caremark as Soft Law, Claire Hill
Cheap Sentiment, Claire Hill
#MeToo and the Convergence of CSR and Profit Maximization, Claire Hill
The Neglected Role of Justification under Uncertainty in Corporate Governance and Finance, Claire Hill and Alessio M. Pacces
Accountability in the Deep State, Heidi Kitrosser
Public Employee Speech and Magarian’s Dynamic Diversity, Heidi Kitrosser
Judicial Elections in the 2010s, Herbert M. Kritzer
Behavioral Models in Tort Law, Barbara Luppi and Francesco Parisi
From Duty and Disclosure to Power and Participation in Social Enterprise, Brett McDonnell
Selfmarks, William McGeveran
The Constitutional Right to Asylum: The Wave of the Future in International Refugee Law?, Steve Meili
Managing Terrorism, Fionnuala Ní Aoláin and Colm Campbell
Colonialism, Redress and Transitional Justice: Ireland and Beyond, Fionnuala Ní Aoláin and Bill Rolston
The Summit for Civil Rights: Mission, Structure, and Initial Outcomes, Myron Orfield and William Stancil
Why Limits on Contributions to Super Pacs Should Survive Citizens United, Richard W. Painter, Norman L. Eisen, Albert W. Alschuler, and Laurence H. Tribe
Ending Public Utility Style Rate Regulation in Insurance, Daniel Schwarcz
Is U.S. Insurance Regulation Unconstitutional?, Daniel Schwarcz
Punishment and Human Dignity: Sentencing Principles for Twenty-First-Century America, Michael Tonry
Submissions from 2017
Employee Handbooks and Policy Statements: From Gratuities to Contracts and Back Again, Stephen Befort
Indeterminacy and Good Faith: Politics and Legitimacy, Brian Bix
Jane the Virgin and Other Stories of Unintentional Parenthood, June Carbone and Naomi Cahn
Moore’s Potential, June Carbone and Naomi Cahn
Parents, Babies, and More Parents, June Carbone and Naomi Cahn
The Death of the Firm, June Carbone and Nancy Levit
Frontiers of Sex Discrimination Law, Jessica Clarke
The Value of the Standard, Tom Cotter and Norman Siebrasse
Competence and Culpability: Delinquents in Juvenile Courts, Youths in Criminal Courts, Barry Feld
My Life in Crime: An Intellectual History of the Juvenile Court, Barry Feld
Towards a Coherent and Workable Antitrust Policy on Vertical Restraints, Daniel Gifford and Robert T. Kudrle
U.S. Airlines and Antitrust: The Struggle for Defensible Policy Towards a Unique Industry, Daniel Gifford and Robert T. Kudrle
Unresolved Legal Questions Concerning Operation Inherent Resolve, Oren Gross
Chevron’s Inevitability, Kristin Hickman and Nicholas R. Bednar
Restoring the Lost Anti-Injunction Act, Kristin Hickman and Gerald Kerska
Banker Behavior and the Individualist Ethos, Claire Hill
Repugnant Business Models: Preliminary Thoughts on a Research and Policy Agenda, Claire Hill
Interpretive Divergence, Neha Jain
Radical Dissents in International Criminal Trials, Neha Jain
Free Speech and National Security Bootstraps, Heidi Kitrosser
Free Speech, Higher Education, and the PC Narrative, Heidi Kitrosser
The Shadow of Executive Privilege, Heidi Kitrosser
“Trust Me” and Transparency Do Not Mix, Heidi Kitrosser
Expanding the U.S. Electric Transmission and Distribution Grid to Meet Deep Decarbonization Goals, Alexandra Klass
Future-Proofing Energy Transport Law, Alexandra Klass
