Faculty Scholarship

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Submissions from 2001

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Drug Designs are Different, Aaron Twerski and J. A. Henderson

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Intent and Recklessness in Tort: The Practical Craft of Restating Law, Aaron Twerski and J. A. Henderson

Submissions from 2000

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Agency Adjudication, the Importance of Facts and the Limitations of Labels, William D. Araiza

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Alden and the Web of Environmental Law, William D. Araiza

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Complaints, Anita Bernstein

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Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein

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Applying Fiduciary Responsibilities in the Managed Care Context, Michael Cahill and Peter Jacobson

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The Five Worst (and Five Best) American Criminal Codes, Michael Cahill, Paul H. Robinson, and Usman Mohammad

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Symposium: Software as a Commodity: International Licensing of Intellectual Property, Neil B. Cohen

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When Those Who Do Teach: The Consequences of Law Firm Education for Business Law Education, James A. Fanto

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Law Making for the Baby Making: An Interpretive Approach to the Determination of Legal Parentage, Marsha Garrison

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Caught Between Two Systems: How Exceptional Children in Out-of-Home Care and Denied Equality in Education, Cynthia Godsoe

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The Calm Before the Storm: First Amendment Cases in the 1998-99 Term, Joel Gora

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Measuring Culpability by Measuring Drugs? Three Reasons to Re-evaluate the Rockefeller Drug Laws, Susan Herman

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The Locus of Lawmaking: Uniform State Law, Federal Law, and Bankruptcy Reform, Edward J. Janger

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The Public Choice of Choice of Law in Software Transactions: Jurisdictional Competition and the Dim Prospects for Uniformity, Edward J. Janger

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Stock Markets and the Globalization of Retirement Savings: Implications of Privatization of Government Pensions for Securities Regulators, Roberta S. Karmel

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Will Convergence of Financial Disclosure Standards Change SEC Regulation of Foreign Issuers?, Roberta S. Karmel

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You Should Have Known Better, Bailey Kuklin

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Introduction: Fifteenth Anniversary of the Edward V. Sparer Public Interest Law Fellowship Program, Elizabeth M. Schneider

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The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, Alex Stein and Daniel J. Seidmann

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One Size Does Not Fit All: The Third Multi-track Restatement of Conflict of Laws, Aaron Twerski

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The Products Liability Restatement in the Courts: An Initial Assessment, Aaron Twerski and A. J. Henderson

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Intuition and Technology in Product Design Litigation: An Essay on Proximate Causation, Aaron Twerski and J. A. Henderson

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Liability Without Cause? Further Ruminations on Cause-in-Fact as Applied to Handgun Liability, Aaron Twerski and A. J. Sebok

Submissions from 1999

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The Trouble with Robertson: Equal Protection, the Separation of Powers and the Line Between Statutory amendment and Statutory Interpretation, William D. Araiza

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The New-Tort Centrifuge, Anita Bernstein

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The Representational Dialectic (with iIlustrations from Obscenity, Forfeiture, and Accident Law), Anita Bernstein

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Still in the Dark: Disappointing Images of Women Lawyers in the Movies, Stacy Caplow

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Internationalizing the Law of Secured Credit: Perspectives from the U.S. Experience, Neil B. Cohen

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International Secured Transactions and Revised UCC Articles 9, Neil B. Cohen and Edwin E. Smith

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The Second Revolution in Informed Consent: Comparing Physicians to Each Other, Neil B. Cohen and Aaron D. Twerski

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The Contribution of the Fund Profile to Investor Education, James A. Fanto

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Child Support Policy: Guidelines and Goals, Marsha Garrison

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Then Technological Family: What's New and What's Not, Marsha Garrison

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Buckley v. Valeo: A Landmark of Political Freedom, Joel Gora

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Finley, Forbes and the First Amendment: Does He Who Pays the Piper Call the Tune?, Joel Gora

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The Case for a European Securities Commission, Roberta S. Karmel

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Engaging with the State about Domestic Violence: Continuing Dilemmas and Gender Equality, Elizabeth M. Schneider

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Gender Bias, Cognition and Power in the Legal Academy, Elizabeth M. Schneider

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Markets and Women's International Human Rights, Elizabeth M. Schneider

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Can the Legal System Use Experts on Meaning?, Lawrence Solan

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Refocusing the Burden of Proof in Criminal Cases: Some Doubt About Reasonable Doubt, Lawrence Solan

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The Second Revolution in Informed Consent: Comparing Physicians to Each Other, Aaron Twerski and N. B. Cohen

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Product Design Liability in Oregon and the New Restatement, Aaron Twerski and J. A. Henderson

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What Europe, Japan and Other Countries Can Learn from the New American Restatement of Products Liability, Aaron Twerski and J. A. Henderson

Submissions from 1998

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Privacy Online, Nick Allard

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An Old Jurisprudence: Respect in Retrospect, Anita Bernstein

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Charting No Man's Land: Applying Jurisdictional and Choice of Law Doctrine to Interstate Compacts, Dana Brakman Reiser

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What If There is No Client?: Prosecutors as "Counselors" of Crime Victims, Stacy Caplow

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Harmonizing the Law Governing Secured Credit: The Next Frontier, Neil B. Cohen

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Linguistics and the Composition of Legal Documents: Border Crossing, Elizabeth Fajans and Mary R. Falk

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Comparative Investor Education, James A. Fanto

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Investor Education, Securities Disclosure, and the Creation and Enforcement of Corporate Governance and Firm Norms, James A. Fanto

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The Role of Corporate Law in French Corporate Governance, James A. Fanto

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The Role of Corporate Law in French Corporate Governance (reprinted in The Legal Basis of Corporate Governance in Publicly-held Corporations: A Comparative Approach (A.R. Pinto & G. Visentini eds. 1998)), James A. Fanto

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The Role of Corporate Law in the Adaptation of French Enterprise, James A. Fanto

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We're All Capitalist Now: The Importance, Nature, Provision and Regulation of Investor Education, James A. Fanto

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Enforcing Judgments Abroad: The Global Challenge: Introduction, Maryellen Fullerton

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Autonomy or Community? An Evaluation of Two Models of Parental Obligation, Marsha Garrison

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"Toward a Contractarian Account of Family Governance", Marsha Garrison

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The Ban on Welfare for Felony Drug Offenders: Giving a New Meaning to 'Life Sentence', Cynthia Godsoe

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The Pentagon Papers Case and the Path Not Taken: A Personal Memoir on the First Amendment and the Separation of Powers, Joel Gora

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Slashing and Burning Prisoners' Rights: Congress and the Supreme Court in Dialogue, Susan Herman

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Brandeis, Progressivism, and Commercial Law: Rethinking Benedict v. Ratner, Edward J. Janger

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Predicting When The Uniform Law Process Will Fall: Article 9, Capture and the Race to the Bottom, Edward J. Janger

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Creating Law at the Securities and Exchange Commission: The Lawyer as Prosecutor, Roberta S. Karmel

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Outsider Trading on Confidential Information: A Breech in Search of a Duty, Roberta S. Karmel

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The Challenge to Financial Regulators Posed by Social Security Privatization, Roberta S. Karmel

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Transcript of the Roundtable on Insider Trading: Law, Policy and Theory after O'Hagan, Roberta S. Karmel

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Creating True Believers: Putting Macro Theory into Practice, Minna J. Kotkin

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The Plausibility of Legally Protecting Reasonable Expectations, Bailey Kuklin

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Feminist Legal Theory, Feminist Lawmaking, and the Legal Profession, Elizabeth M. Schneider and Cynthia Grant

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Law, Language and Lenity, Lawrence Solan

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An Essay on Uncertainty and Fact-Finding in Civil Litigation, with Special Reference to Contract Cases, Alex Stein

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Achieving Consensus on Defective Product Design, Aaron Twerski and J. A. Henderson

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The Politics of the Products Liability Restatement, Aaron Twerski and J. A. Henderson

Submissions from 1997

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Law and Order in Cyberspace, Nick Allard and David A. Kass

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Democracy, Distrust and the Public Trust: Process-Based Constitutional Theory, the Public Trust Doctrine and the Search for a Substantive Environmental Value, William D. Araiza

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Towards a More Balanced Treatment of Bidder and Target Shareholders, Miriam Baer

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Formed by Thalidomide: Mass Torts as a False Cure for Toxic Exposure, Anita Bernstein

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How to Make a New Tort: Three Paradoxes, Anita Bernstein

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Treating Sexual Harassment with Respect, Anita Bernstein

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Public Choice Theory: A Unifying Framework for Judicial Activism, Dana Brakman Reiser

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The Supreme Court, 1996 Term: Leading Cases, Dana Brakman Reiser

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Recoverability of the Cost of Borrowing in Construction Contracts, Heidi K. Brown

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Double Talk and Twisted Thought: Reflections on Incoherence, Elizabeth Fajans

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Campaign Finance Reform: Still Searching Today for a Better Way, Joel Gora

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The First Amendment in the Supreme Court: The Future Lies Ahead, Joel Gora

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Commentary [Symposium: Politicians on Judges: Fair Criticism or Intimidation], Susan Herman

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Strategies for Preserving the Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger

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My Summer Vacation: Reflections on Becoming a Critical Lawyer and Teacher, Minna J. Kotkin

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Continuing Classroom Conversation Beyond the Well-Placed "Whys?", Bailey Kuklin and Jeffery J. Stemple

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A Postscript on VMI, Elizabeth M. Schneider

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Two Decades of Intermediate Scrutiny: Evaluating Equal Protection for Women Centennial Pannel, Elizabeth M. Schneider, Deborah Brake, Donna Lenhoff, Sharon Elizabeth Rush, and Ann Shalleck

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Learning Our Limits: The Decline of Textualism in Statutory Cases, Lawrence Solan

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Liability for Uncertainty: Making Evidential Damage Actionable, Alex Stein and Ariel Porat

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Inside the Restatement, Aaron Twerski

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Arriving at Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski and J. A. Henderson

Submissions from 1996

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Copyright: From Stone Age Caves to the Celestial Jukebox, Nick Allard