Faculty Scholarship

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Submissions from 2020

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The Contributions of William Funk to American Constitutional Law Scholarship, William Araiza

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Compliance Elites, Miriam Baer

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(Almost) No Bad Drugs: Near-Total Products Liability Immunity for Pharmaceuticals Explained, Anita Bernstein

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There’s Feminism in These Judgments, Anita Bernstein

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So Goes the Nation: The Constitution, the Compact, and What the American West Can Tell Us about How We'll Choose the President in 2020 and Beyond, Wilfred Codrington III

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So Goes the Nation: The Constitution, the Compact, and What the American West Can Tell Us about How We'll Choose the President in 2020 and Beyond, Wilfred Codrington III

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Putting the Notice Back into Pleading, Robin Effron

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Value Tracing and Priority in Cross-Border Group Bankruptcies: Solving the Nortel Problem from the Bottom up, Edward Janger and Stephan Madaus

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Little Power Struggles Everywhere: Attacks on the Administrative State at the Securities and Exchange Commission, Roberta S. Karmel

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An Empirical Study of Political Control over Immigration Adjudication, Catherine Y. Kim and Amy Semet

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Presidential Ideology and Immigrant Detention, Catherine Y. Kim and Amy Semet

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How to Fix Legal Scholarmush, Adam J. Kolber

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Reconsidering Confidential Settlements in the #MeToo Era, Minna J. Kotkin

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Your Cervix is Showing: Loitering for Prostitution Policing as Gendered Stop & Frisk, Kate Mogulescu

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The Institutional Design of Community Control, K. Sabeel Rahman and Jocelyn Simonson

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Anonymous Plaintiffs and Sexual Misconduct, Jayne S. Ressler

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Correcting the Record: Post-Publication Corrections and the Integrity of Legal Scholarship, Janet Sinder

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Revisiting a Classic Problem in Statutory Interpretation: Is a Minister a Laborer?, Lawrence Solan and Tammy Gales

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Towards A More Ethical LL.M. Degree: Let's Give International Lawyers the Value they Deserve, Carrie Teitcher and Kathleen Darvil

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An Essay on the Quieting of Products Liability Law, Aaron Twerski

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The Heavy Hand of Amazon: A Seller Not a Neutral Platform, Aaron D. Twerski and Edward J. Janger

Submissions from 2019

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Love's Labors Found, Nicholas Allard

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Animus and Its Discontents, William Araiza

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Call It By Its Name, William Araiza

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Reciprocal Concealed Carry: The Constitutional Issues, William Araiza

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Response: Animus, Its Critics, and Its Potential, William Araiza

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Introduction: Symposium: Incitement at 100 and 50-and Today-Free Speech and Violence in the Modern World, William Araiza and Joel Gora

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The Private Law Critique of International Investment Law, Julian Arato

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Standing in the Line of Fire: Compulsory Campus Carry Laws and Hostile Speech Environments, Cameron W. Arnold

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Teaming up to Learn in the Doctrinal Classroom, Jodi Balsam

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Repealing Patents, Christopher Beauchamp

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Minding the Gaps in Lawyers' Rules of Professional Conduct, Anita Bernstein

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Negative Liberty Meets Positive Social Change, Anita Bernstein

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Basic and Non-Basic Tax Tips for Leasing Lawyers, Bradley T. Borden

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Investing in a Qualified Opportunity Fund: A Viable Alternative to a Section 1031 Drop-Swap Cash-out, Bradley T. Borden

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Partnership-Related Relatedness: Measuring Partners' Capital Interests and Profits Interests, Bradley T. Borden

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Section 1031 Exchanges and the 20 Percent Business Deduction under IRC Section 199A, Bradley T. Borden

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Defusing Bullies, Heidi K. Brown

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Face Fear - Don't Fake It, Heidi K. Brown

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Fear and Lawyering, Heidi K. Brown

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Navigating Introvert Hell, Heidi K. Brown

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We Carry Each Other, Heidi K. Brown

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Thoughts on Zaibert's Rethinking, Michael Cahill

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Afrofuturism, Critical Race Theory, and Policing in the Year 2044, I. Bennett Capers

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The Benefits of Equity in the Constitutional Quest for Equality, Wilfred Codrington III

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Contracting around the Hague Service Convention, Robin Effron, John F. Coyle, and Maggie Gardner

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Emerging Trends in Corporate Enforcement and Corporate Compliance: Symposium Introduction, James Fanto and Miriam Baer

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The Vast Gulf between Attempted Mass Shootings and Attempted Material Support, Heidi Gilchrist

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Mindful Practices of Law Practices, Susan Greene

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Slow Lawyering: How Law Practitioners Can Slow Down in a High-Speed World and Why It Matters, Susan Greene

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Privacy as Pretext, Susan Hazeldean

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The Creditors' Bargain Reconstituted: Comments on Barry Adler's The Creditors' Bargain Revisited, Edward Janger

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One Dollar, One Vote: Mark-to-Market Governance in Bankruptcy, Edward J. Janger and Adam J. Levitan

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When Truth Is Not Truth: Thoughts on Teaching in an Era of Alternative Facts, Joy Kanwar

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Clinical Legal Education and the Replication of Hierarchy, Minna J. Kotkin

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Uncompensated Takings: Insurance, Efficiency, and Relational Justice, Brian Lee

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Uncompensated Takings: Insurance, Efficiency, and Relational Justice, Brian Angelo Lee

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Ordinary Causation: A Study in Experimental Statutory Interpretation, James Macleod

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Reporting Certainty, James Macleod

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A Rule of Persons, Not Machines: The Limits of Legal Automation, Frank Pasquale

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Artificial Intelligence, Machine Learning, and Bias in Finance: Toward Responsible Innovation, Frank Pasquale, Kristin Johnson, and Jennifer Elisa Chapman

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Rating Analyst Degrees of Freedom, Vijay Raghavan

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Balancing Political Power: Community Economic Development and Institutional Design, K. Sabeel Rahman

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Financing the American Dream, David Reiss

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An Intellectual History of Mass Incarceration, Alice Ristroph

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An Intellectual History of Mass Incarceration, Alice Ristroph

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Sex, Trump, and Constitutional Change, Elizabeth Schneider and Helen Hershkoff

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The Place of the People in Criminal Procedure, Jocelyn Simonson

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Proving the Point: Connections Between Legal and Mathematical Reasoning, Maria Termini

Submissions from 2018

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If It's Tuesday, This Must Be Procreation: Methodology and Subject-Matter in Fourteenth Amendment Pedagogy, William Araiza

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No Cake for You: Discrimination, Dignity, and Refusals to Serve, William Araiza

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The Once and (Maybe) Future Klein Principle, William Araiza

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Sorting Out White-Collar Crime, Miriam Baer

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Special Issue: Athlete Activism and Sports Social Responsibility, Jodi Balsam and Arthur Miller

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Code Sec. 1031 After the 2017 Tax Act, Bradley T. Borden

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Quantitative Prediction Model of Tax Law's Substantial Authority, Bradley T. Borden and Sang Hee Lee

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Disruptive Philanthropy: Chan-Zuckerberg, the Limited Liability Company, and the Millionaire Next Door, Dana Brakman Reiser

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Applying Daubert to Flaubert: Standards for Admissibility of Testimony of Writing Experts, Heidi K. Brown

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Criminal Procedure and the Good Citizen, I. Bennett Capers

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Criminal Procedure, the Police, and The Wire as Dissent, I. Bennett Capers

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Techno-Policing, I. Bennett Capers

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Group Homes as Sex Police and the Role of the Olmstead Integration Mandate, Natalie Chin

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The Private International Law of Secured Transactions: Rules in Search of Harmonization, Neil B. Cohen

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Ousted: The New Dynamics of Privatized Procedure and Judicial Discretion, Robin Effron

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The Lost Story of Notice and Personal Jurisdiction, Robin Effron

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The Governing Authority's Responsibilities in Compliance and Risk Management, as Seen in the American Law Institute's Draft Principles of Compliance, Risk Management, and Enforcement, James Fanto

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Borders, Bans, and Courts in the European Union, Maryellen Fullerton

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Higher Education as a Human Right, Heidi Gilchrist

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Participatory Defense: Humanizing the Accused and Ceding Control to the Client, Cynthia Godsoe

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Contract, Promise, and the Right of Redress, Andrew S. Gold

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Getting There: On Strategies for Implementing Criminal Justice Reform, Susan Herman

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Our Heroic Constitution?, Susan Herman

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Constitutive Compliance, Edward Janger

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Tracing Equity: Realizing and Allocating Value in Chapter 11, Edward J. Janger and Melissa B. Jacoby

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Avatars, Acting, and Imagination: Bringing New Techniques into the Legal Classroom, Joy Kanwar

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Will Fifty Years of the SEC's Disgorgement Remedy Be Abolished, Roberta Karmel

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The Fiduciary Principle of Insider Trading Needs Revision, Roberta S. Karmel

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The President's Immigration Courts, Catherine Y. Kim

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Punishment and Moral Risk, Adam J. Kolber

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Supreme Judicial Bullshit, Adam J. Kolber