Submissions from 2023
Supporting Families in a Post-Dobbs World: Politics and the Winner-Take-All Economy, June Carbone
The Blue Family Constitution, June Carbone
Crimmigrating Narratives: Examining Third-Party Observations of US Detained Immigration Court, Linus Chan
Process as Suffering: How U.S. Immigration Court Process and Culture Prevent Substantive Justice, Linus Chan
Standing, Nominal Damages, and Nominal Damages "Workarounds" in Intellectual Property Law After TransUnion, Thomas F. Cotter
Personal Jurisdiction’s Moment of Opportunity: A Reform Blueprint for Originalists and Nonoriginalists, Allan Erbsen
The Partial Success of Judge Frankel’s Sentencing Commission, Fifty Years On, Richard Frase
Enforcement-Proofing Work Law, Charlotte Garden
Textualism and the Administrative Procedure Act, Kristin Hickman
Appointed or Elected: How Justices on Elected State Supreme Courts Are Actually Selected, Herbert M. Kritzer
State Responsibility for Human Rights Violations Perpetrated in the Name of International Counter-Terrorism Financing Obligations, Fionnuala Ní Aoláin
The Belfast/Good Friday Agreement and Transformative Change: Promise, Power and Solidarity, Fionnuala Ní Aoláin
The Multifaceted Method of Comparative Law and Economics, Francesco Parisi
Moderating the Fediverse: Content Moderation on Distributed Social Media, Alan Rozenshtein
Doing Injustice: Exchanging One “Arbitrary, Cruel, and Reckless” Sentencing System for Another, Michael Tonry
Submissions from 2022
Beyond Purposivism in Tax Law, Jonathan H. Choi
Fifty Years of Patent Remedies Case Law: Two Steps Forward, One Step Back, Thomas F. Cotter
Courts as Auditors of Legislation?, Giampaolo Frezza, Francesco Parisi, and Daniel Pi
The Roberts Court's Structural Incrementalism, Kristin Hickman
From Mandates to Governance: Restructuring the Employment Relationship, Brett McDonnell and Matthew Bodie
Will Competition Reduce Attention Costs in Social Media?, Francesco Parisi
Promoting Patent Practitioner Diversity: Expanding Non-JD Pathways and Removing Barriers, Christopher M. Turoski
Submissions from 2021
Early Repayment of Loans Under EU Law: The Lexitor Judgment, Enrico Baffi and Francesco Parisi
Uncoupling, June Carbone and Naomi Cahn
Legal Analysis, Policy Analysis, and the Price of Deference: An Empirical Study of Mayo and Chevron, Jonathan H. Choi
Extraterritorial Damages in Patent Law, Tom Cotter
What Both Hart and Fuller Got Wrong, Oren Gross
Energy Transitions in the Trump Administration and Beyond, Alexandra Klass
The Law of Energy Exports, Alexandra Klass and Shantal Pai
Catching Unfitness, Jon J. Lee
Judicial Restoration of Rights as an Auxiliary to the Pardon Power, JaneAnne Murray
MACDL Weighs in on the Most Consequential Pardon Case in 125 Years, JaneAnne Murray
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
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
Legislative Administration, Maria Ponomarenko
Submissions from 2020
A Consumer Guide to Empirical Family Law, June Carbone
The Problem with Predators, June Carbone
Diploma Privilege and the Constitution, Carol Chomsky
Forgotten Borrowers: Protecting Private Student Loan Borrowers Through State Law, Prentiss Cox
A Unified Approach to Erie Analysis for Federal Statutes, Rules, and Common Law, Allan Erbsen
Race, Rights and the Representation of Children, Barry Feld
How Should Non-Probate Transfers Matter in Intestacy?, Mary Louise Fellows
Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration?, Richard Frase
Accuracy of Verdicts under Different Jury Sizes and Voting Rules, Alice Guerra, Barbara Luppi, and Francesco Parisi
Categorizing Chevron, Kristin Hickman
Narrowing Chevron’s Domain, Kristin Hickman and Aaron L. Nielson
Repetition, Ritual, and Reputation: How Do Market Participants Deal with (Some Types of) Incomplete Information?, Claire Hill
Bad Agent, Good Citizen?, Claire Hill and Brett McDonnell
Separate Judicial Speech, Neha Jain
Like “Nobody Has Ever Seen Before”: Precedent and Privilege in the Trump Era, Heidi Kitrosser
Eminent Domain Law as Climate Policy, Alexandra Klass
Regulating the Energy “Free Riders, Alexandra Klass
The Public Use Clause in an Age of U.S. Natural Gas Exports, Alexandra Klass
Double Standards: An Empirical Study of Patent and Trademark Discipline, Jon J. Lee
Affordable Content in Legal Education, Connie Lenz
Asylum Under Attack: Is It Time for A Constitutional Right?, Steve Meili
The Gender of Occupation, Fionnuala Ní Aoláin
The Limits of Equality and Gender Discourses in Counter-Terrorism: The Case of Women and Children in Syria and Iraq, Fionnuala Ní Aoláin
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
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
Towards A Civil Rights Approach to Insurance Anti-Discrimination Law, Daniel Schwarcz
Proxy Discrimination in the Age of Artificial Intelligence and Big Data, Daniel Schwarcz and Anya E.R. Prince
Aging Judges, Francis Shen
The Intersectionality of Age and Gender on the Bench: Are Younger Female Judges Harsher with Serious Crimes?, Francis Shen
Determining The Perspective Of A Reasonable Police Officer: An Evidence-Based Proposal, Mitchell Zamoff
Submissions from 2019
Blackstonian Marriage, Gender, and Cohabitation, June Carbone
The Fight to Expand Education—Two Centuries Apart, June Carbone
Women, Rule-Breaking, and the Triple Bind, June Carbone
Discrimination by Design?, June Carbone, Naomi Cahn, and Nancy Levit
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