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Submissions from 2024

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Stakeholder Governance as Governance by Stakeholders, Brett H. McDonnell

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Populist Politics and International Business Policy: Problems, Practices, and Prescriptions for MNEs, Paul Vaaler, Christopher Hartwell, Barclay James, Thomas Lindner, and Jakob Müllner

Submissions from 2023

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Bureaucratic autonomy and the policymaking capacity of United States agencies, 1998–2021, Nicholas Bednar

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The Public Administration of Justice, Nicholas Bednar

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Antidiscrimination Efforts and the Repressive Weight of Culture, Matthew Bodie

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Labor Relations at the Woke Corporation, Matthew Bodie

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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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Mitigating Citation Errors in the Interlibrary Loan System, Scott Dewey and David Zopfi-Jordan

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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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Deepfake 2024: Will Citizens United and Artificial Intelligence Together Destroy Representative Democracy?, Richard Painter

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Liability or No Liability? Promoting Safety by Shifting Accident Losses onto Third Parties, Francesco Parisi

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The Multifaceted Method of Comparative Law and Economics, Francesco Parisi

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Burdens of Proof in Establishing Negligence: A Comparative Law and Economics Analysis, Francesco Parisi and Giampaolo Frezza

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

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The Virtuous Executive, Alan Rozenshtein

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AI Tools for Lawyers: A Practical Guide, Daniel Schwarcz

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How Privilege Undermines Cybersecurity, Daniel Schwarcz

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

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Theorizing International Business in Africa: A Roadmap, Paul Vaaler

Submissions from 2022

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The Many Faces of Modern Legal Realism, Brian Bix

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Beyond Purposivism in Tax Law, Jonathan H. Choi

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ChatGPT Goes to Law School, Jonathan Choi, Kristin E. Hickman, Amy B. Monahan, and Daniel Benjamin Schwarcz

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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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January 6, Ambiguously Inciting Speech, and the Overt-Acts Rule, Alan Rozenshtein

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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