Faculty Scholarship

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Submissions from 2008

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The Role of Financial Regulation in Private Financial Firms: Risk Management and the Limitations of the Market Model, James A. Fanto

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Nonmartial Cohabitation: Social Revolution and Legal Regulation, Marsha Garrison

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Regulating Reproduction, Marsha Garrison

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Reviving Marriage: Could We? Should We?, Marsha Garrison

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The Source of the Problem of Sources: The First Amendment Fails the Fourth Estate, Joel Gora

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Regulation By Exemption: the Changing Definition of an Accredited Investor, Roberta S. Karmel

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Should Securities Industry Self-Regulatory Organizations Be Considered Government Agencies?, Roberta S. Karmel

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The EU Challenge to the SEC, Roberta S. Karmel

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The Federal Government's Implied Guarantee of Fannie Mae and Freddie Mac's Obligations: Uncle Sam Will Pick Up the Tab, David Reiss

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State Intentions and the Law of Punishment, Alice Ristroph

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Domestic Violence Law Reform in the Twenty-First Century: Looking Back an Looking Forward, Elizabeth M. Schneider

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From the Editor: A New Century, Janet Sinder

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The Uneasy Relationship Between Science and Law: An Essay and Introduction, Lawrence Solan and Margaret Berger

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False Consensus Bias in Contract Interpretation, Lawrence Solan, Terri Rosenblatt, and Daniel Osherson

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Constitutional Evidence Law, Alex Stein

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The Right to Silence Helps the Innocent: A Response to Critics, Alex Stein

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Torts and Innovation, Alex Stein and Gideon Parchomovsky

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Excluding Religion, Nelson Tebbe

Submissions from 2007

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Irrationality and Animus in Class-of-One Equal Protection Cases, William D. Araiza

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Enhancing Drug Effectiveness and Efficacy Through Personal Injury Litigation, Anita Bernstein

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Subverting the Marriage-Amendment Crusade with Law and Policy Reform, Anita Bernstein

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Director Independence in the Independent Sector, Dana Brakman Reiser

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Attempt, Reckless Homicide, and the Design of Criminal Law, Michael T. Cahill

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Criminal Law's "Mediating Rules": Balancing, Harmonization, or Accident?, Michael T. Cahill

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Retributive Justice in the Real World, Michael T. Cahill

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Reading Back, Reading Black, Bennett Capers

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The Calamitous Law of Notes, Neil B. Cohen

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Philosopher Kings and International Tax: A New Approach to Tax Haven, Tax Flight, and International Tax Cooperation, Steven A. Dean

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Tax Shelters and the Code: Navigating Between Text and Internet, Steven A. Dean and Lawrence M. Solan

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A Social Defense of Sarbanes-Oxley, James A. Fanto

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Promoting Cooperative Parenting: Programs and Prospects, Marsha Garrison

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Reforming Divorce: What's Needed and What's Not, Marsha Garrison

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The Decline of Formal Marriage: Inevitable or Reversible?, Marsha Garrison

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The Empire of Illness: Competence and Coercion in Health-Care Decision Making, Marsha Garrison

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First Amendment Cases in the Supreme Court 2005 Term, Joel Gora

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Universal Proceduralism, Edward J. Janger

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Notification of Data Security Breaches, Edward J. Janger and Paul M. Schwartz

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The Once and Future New York Stock Exchange: The Regulation of Global Exchanges, Roberta S. Karmel

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When Should Investor Reliance Be Presumed in Securities Class Actions, Roberta S. Karmel

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A Limited Defense of Clinical Placebo Deception, Adam Kolber

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Pain Detection and the Privacy of Subjective Experience, Adam Kolber

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Outing Outcomes: An Empirical Study of Confidential Employment Discrimination Settlements, Minna J. Kotkin

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The Politics of Risk: Pre-Litigation Site Assessment in Houston, Texas, Gregg P. Macey

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The Dangers of Summary Judgment: Gender and Federal Civil Litigation, Elizabeth M. Schneider

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Contract as Agreement, Lawrence Solan

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Tax Shelters and the Code: Navigating Between Text and Intent, Lawrence Solan and Steven Dean

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A Liberal Challenge to Behavioral Economics: The Case of Probability, Alex Stein

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Mediating Rules in Criminal Law, Alex Stein and Richard A. Bierschbach

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Witchcraft and Statecraft: Liberal Democracy in Africa, Nelson Tebbe

Submissions from 2006

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Foreign and International Law in Constitutional Gay Rights Litigation: What Claims, What Use and Whose Law?, William D. Araiza

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Limits on Agency Discretion to Choose Between Rulemaking and Adjudication: Reconsidering Patel v. INS and Ford Motor Co. v. FTC, William D. Araiza

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Keep It Simple: An Explanation of the Rule of No Recovery for Pure Economic Loss, Anita Bernstein

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On Nourishing the Curriculum with a Transnational-Law Lagniappe (from the Association of American Law Schools' Workshop on Integrating Transnational Legal Perspectives into the First-Year Curriculum, Annual Meeting, Torts Panel, January 2006), Anita Bernstein

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The Zeal Shortage, Anita Bernstein

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What We Talk About When We Talk About Workplace Privacy, Anita Bernstein

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Introduction: The Plaintiff's Bar, Anita Bernstein, Marc Galanter, and Tanina Rostain

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The Federal Definition of Tax Partnership, Bradley T. Borden

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Nonprofit Takeovers: Regulating the Market for Mission, Dana Brakman Reiser

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On Justitia, Race, Gender, and Blindness, Bennett Capers

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The Trial of Bigger Thomas: Race, Gender, and Trespass, Bennett Capers

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Clinical Legal Education in Hong Kong: A Time to Move Forward, Stacy Caplow

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"Deport All the Students": Lessons Learned in an X-treme Clinic, Stacy Caplow

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Learning from Experience: Adding a Practicum to a Doctrinal Course, Elizabeth Fajans

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Paternalistic Regulation of Public Company Management: Lessons from Bank Management, James A. Fanto

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The Legal Status of Pregnant and Parenting Youth in Foster Care, Cynthia Godsoe and Eve Stotland

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First Amendment Cases in the October 2004 Term, Joel Gora

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Balancing the Five Hundred Hats: On Being a Legal Educator/Scholar/Activist, Susan Herman

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the USA Patriot Act and the Submajoritarian Fourth amendment, Susan Herman

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The Myth of the Rational Borrower: Behaviorism, Rationality and the Misguided Reform of Bankruptcy Law, Edward J. Janger and Susan Block-Lieb

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From SEC Enforcement Attorney to Commissioner, Roberta S. Karmel

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Therapeutic Forgetting: The Legal and Ethical Implications of Memory Dampening, Adam Kolber

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Invisible Settlements, Invisible Discrimination, Minna J. Kotkin

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Secrecy in Context: The Shadowy Life of Civil Rights Litigation, Minna J. Kotkin

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Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin

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Probability Misestimates in Medical Care, Bailey Kuklin

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The Morality of Evolutionarily Self-Interested Rescues, Bailey Kuklin

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Civil Contempt Confinement and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: An Examination of Debtor Incarceration in the Modern Age, Jayne S. Ressler

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Desert, Democracy, and Sentencing Reform, Alice Ristroph

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Sexual Punishments, Alice Ristroph

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Rethinking Rational Discrimination against Ex-Offenders, Jocelyn Simonson

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Where Does Blaming Come From?, Lawrence Solan

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Ambiguity Aversion and the Criminal Process, Alex Stein and Uzi Segal

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Chasing the Illusory Pot of Gold at the End of the Rainbow: Negligence and Strict Liability in Design Defect Litigation, Aaron D. Twerski

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From the Wrong End of the Telescope: A Response to Professor David Bernstein, Aaron D. Twerski and Margaret Berger

Submissions from 2005

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The Section 5 Power and the Rational Basis Standard of Equal Protection, William D. Araiza

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Question Autonomy, With an Asterisk, Anita Bernstein

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Whatever Happened to Law and Economics?, Anita Bernstein

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There Ought to Be a Law: The Disclosure Focus of Recent Legislative Proposals for Nonprofit Reform, Dana Brakman Reiser

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Introduction, Symposium: Who Guards the Guardians?: Monitoring and Enforcement of Charity Governance, Dana Brakman Reiser and Evelyn E. Brody

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Introduction: Three Perspectives on Criminal Justice, Michael T. Cahill

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Punishment Decisions at Conviction: Recognizing the Jury as Fault-Finder, Michael T. Cahill

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The Accelerating Degradation of American Criminal Codes, Michael T. Cahill and Paul H. Robinson

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"Tacking Too Close to the Wind": The Challenge to Prosecution Clinics to Set Our Students on a Straight Course, Stacy Caplow

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Co-Teaching International Criminal Law: New Strategies to Meet the Challenges of a New Course, Stacy Caplow and Maryellen Fullerton

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Attractive Complexity: Tax Deregulation, the Check-the-Box Election and the Future of Tax Simplification, Steven A. Dean

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Dependence, Identity, and Abortion Politics, Robin Effron

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Corporate Misbehavior by Elite Decision-Makers Symposium - Perspectives from Law and Social Psychology: Introduction, James A. Fanto

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Inadmissible in Iberia: The Fate of Asylum Seekers in Spain and Portugal, Maryellen Fullerton

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Is Consent Necessary? An Evaluation of the Emerging Law of Cohabitant Obligation, Marsha Garrison

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Reforming Child Protection: A Public Health Perspective, Marsha Garrison