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Submissions from 2023

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Supporting Families in a Post-Dobbs World: Politics and the Winner-Take-All Economy, June Carbone

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The Blue Family Constitution, June Carbone

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Crimmigrating Narratives: Examining Third-Party Observations of US Detained Immigration Court, Linus Chan

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Process as Suffering: How U.S. Immigration Court Process and Culture Prevent Substantive Justice, Linus Chan

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Standing, Nominal Damages, and Nominal Damages "Workarounds" in Intellectual Property Law After TransUnion, Thomas F. Cotter

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Personal Jurisdiction’s Moment of Opportunity: A Reform Blueprint for Originalists and Nonoriginalists, Allan Erbsen

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The Partial Success of Judge Frankel’s Sentencing Commission, Fifty Years On, Richard Frase

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Enforcement-Proofing Work Law, Charlotte Garden

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Textualism and the Administrative Procedure Act, Kristin Hickman

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Appointed or Elected: How Justices on Elected State Supreme Courts Are Actually Selected, Herbert M. Kritzer

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State Responsibility for Human Rights Violations Perpetrated in the Name of International Counter-Terrorism Financing Obligations, Fionnuala Ní Aoláin

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The Belfast/Good Friday Agreement and Transformative Change: Promise, Power and Solidarity, Fionnuala Ní Aoláin

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The Multifaceted Method of Comparative Law and Economics, Francesco Parisi

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Moderating the Fediverse: Content Moderation on Distributed Social Media, Alan Rozenshtein

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Doing Injustice: Exchanging One “Arbitrary, Cruel, and Reckless” Sentencing System for Another, Michael Tonry

Submissions from 2022

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Beyond Purposivism in Tax Law, Jonathan H. Choi

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Fifty Years of Patent Remedies Case Law: Two Steps Forward, One Step Back, Thomas F. Cotter

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Courts as Auditors of Legislation?, Giampaolo Frezza, Francesco Parisi, and Daniel Pi

The Roberts Court's Structural Incrementalism, Kristin Hickman

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From Mandates to Governance: Restructuring the Employment Relationship, Brett McDonnell and Matthew Bodie

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Will Competition Reduce Attention Costs in Social Media?, Francesco Parisi

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Promoting Patent Practitioner Diversity: Expanding Non-JD Pathways and Removing Barriers, Christopher M. Turoski

Submissions from 2021

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Early Repayment of Loans Under EU Law: The Lexitor Judgment, Enrico Baffi and Francesco Parisi

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Uncoupling, June Carbone and Naomi Cahn

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Legal Analysis, Policy Analysis, and the Price of Deference: An Empirical Study of Mayo and Chevron, Jonathan H. Choi

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Extraterritorial Damages in Patent Law, Tom Cotter

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What Both Hart and Fuller Got Wrong, Oren Gross

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Energy Transitions in the Trump Administration and Beyond, Alexandra Klass

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The Law of Energy Exports, Alexandra Klass and Shantal Pai

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Catching Unfitness, Jon J. Lee

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Judicial Restoration of Rights as an Auxiliary to the Pardon Power, JaneAnne Murray

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MACDL Weighs in on the Most Consequential Pardon Case in 125 Years, JaneAnne Murray

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Second Look = Second Chance: Turning the Tide Through NACDL's Model Second Look Legislation, JaneAnne Murray, Sean Hecker, Michael Skocpol, and Marissa Elkins

Liability Rules: An Economic Taxonomy, Francesco Parisi

Asymmetric Solutions to Asymmetric Information Problems, Francesco Parisi, Giuseppe Dari-Mattiacci, and Sander Onderstal

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Injurers versus Victims: (A)Symmetric Reactions to Symmetric Risks, Francesco Parisi and Alice Guerra

Access to Evidence in Private International Law, Francesco Parisi, Alice Guerra, and Daniel Pi

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Legislative Administration, Maria Ponomarenko

Submissions from 2020

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A Consumer Guide to Empirical Family Law, June Carbone

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The Problem with Predators, June Carbone

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Diploma Privilege and the Constitution, Carol Chomsky

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Forgotten Borrowers: Protecting Private Student Loan Borrowers Through State Law, Prentiss Cox

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A Unified Approach to Erie Analysis for Federal Statutes, Rules, and Common Law, Allan Erbsen

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Race, Rights and the Representation of Children, Barry Feld

How Should Non-Probate Transfers Matter in Intestacy?, Mary Louise Fellows

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Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration?, Richard Frase

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Accuracy of Verdicts under Different Jury Sizes and Voting Rules, Alice Guerra, Barbara Luppi, and Francesco Parisi

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Categorizing Chevron, Kristin Hickman

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Narrowing Chevron’s Domain, Kristin Hickman and Aaron L. Nielson

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Repetition, Ritual, and Reputation: How Do Market Participants Deal with (Some Types of) Incomplete Information?, Claire Hill

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Bad Agent, Good Citizen?, Claire Hill and Brett McDonnell

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Separate Judicial Speech, Neha Jain

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Like “Nobody Has Ever Seen Before”: Precedent and Privilege in the Trump Era, Heidi Kitrosser

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Eminent Domain Law as Climate Policy, Alexandra Klass

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Regulating the Energy “Free Riders, Alexandra Klass

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The Public Use Clause in an Age of U.S. Natural Gas Exports, Alexandra Klass

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Double Standards: An Empirical Study of Patent and Trademark Discipline, Jon J. Lee

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Affordable Content in Legal Education, Connie Lenz

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Asylum Under Attack: Is It Time for A Constitutional Right?, Steve Meili

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The Gender of Occupation, Fionnuala Ní Aoláin

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The Limits of Equality and Gender Discourses in Counter-Terrorism: The Case of Women and Children in Syria and Iraq, Fionnuala Ní Aoláin

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Law and Economics as We Grow Younger, Francesco Parisi

Multiple Causes and Stacked Inferences: Comment, Francesco Parisi

Quantifying Reasonable Doubt, Francesco Parisi, Barbara Luppi, and Daniel Pi

Deterrence of Wrongdoing in Ancient Law, Francesco Parisi, Daniel Pi, Barbara Luppi, and Iole Fargnoli

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Prison-Release Reform and American Decarceration, Kevin Reitz

The Role of Courts in the Evolution of Standard Form Contracts: An Insurance Case Study, Daniel Schwarcz

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Towards A Civil Rights Approach to Insurance Anti-Discrimination Law, Daniel Schwarcz

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Proxy Discrimination in the Age of Artificial Intelligence and Big Data, Daniel Schwarcz and Anya E.R. Prince

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Aging Judges, Francis Shen

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The Intersectionality of Age and Gender on the Bench: Are Younger Female Judges Harsher with Serious Crimes?, Francis Shen

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Determining The Perspective Of A Reasonable Police Officer: An Evidence-Based Proposal, Mitchell Zamoff

Submissions from 2019

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Blackstonian Marriage, Gender, and Cohabitation, June Carbone

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The Fight to Expand Education—Two Centuries Apart, June Carbone

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Women, Rule-Breaking, and the Triple Bind, June Carbone

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Discrimination by Design?, June Carbone, Naomi Cahn, and Nancy Levit

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Demystifying Patent Holdup, Tom Cotter

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Fractured Justice: An Experimental Study of Pretrial Judicial Decision-Making, Prentiss Cox

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Wayfair Undermines Nicastro: The Constitutional Connection Between State Tax Authority and Personal Jurisdiction, Allan Erbsen

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Forty Years of American Sentencing Guidelines: What Have We Learned?, Richard Frase

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Suspended Sentences and Free-Standing Probation Orders in U.S. Guidelines Systems: A Survey and Assessment, Richard Frase

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To Repudiate or Merely Curtail? Justice Gorsuch and Chevron Deference, Kristin Hickman

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The Chevronization of Auer, Kristin Hickman and Mark R. Thomson

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“Tone at the Top” and the Communication of Corporate Values: Lost in Translation?, Claire Hill

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The Many Inequalities of International Law, Neha Jain

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On Public Employees and Judicial Buck-Passing: The Respective Roles of Statutory and Constitutional Protections for Government Whistleblowers, Heidi Kitrosser

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Energy and Eminent Domain, Alexandra Klass

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Public Utilities and Transportation Electrification, Alexandra Klass

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Polarized Justice? Changing Patterns of Decision-Making in the Federal Courts, Herbert M. Kritzer

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Owning Colors, Jon J. Lee

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Shareholder Democracy and Special Interest Governance, John Matheson and Vilena Nicolet

Energy Re-Investment, Brett McDonnell, Jacqueline Peel, and Anita Foerster

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The Duty of Data Security, William McGeveran

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Constitutionalized Human Rights Law in Mexico: Hope for Central American Refugees?, Steve Meili

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State Individual Income Tax Conformity in Practice: Evidence from the Tax Cuts & Jobs Act, Amy B. Monahan

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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

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Between Reparations and Repair: Assessing the Work of the ICC Trust Fund for Victims Under Its Assistance Mandate, Fionnuala Ní Aoláin and Anne Dutton

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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