Faculty Scholarship

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Submissions from 2002

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A Balanced Diet of First Amendment Cases, Joel Gora

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Applying Apprendi to the Federal Sentencing Guidelines: You Say You Want a Revolution?, Susan Herman

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Splitting the Atom of Marshall's Wisdom, Susan Herman

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Muddy Rules for Securitization Transactions, Edward J. Janger

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The Gramm-Leach-Bliley Act, Information Privacy, and the Limits of Default Rules, Edward J. Janger and Paul M. Schwartz

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Special Study on Market Structure, Listing Standards and Corporate Governance, Roberta S. Karmel

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Turning Seats Into Shares: Cause and Implications of Demutualization of Stock and Futures Exchange, Roberta S. Karmel

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The Synergy of Equality and Privacy in Women's Rights, Elizabeth M. Schneider

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The Linguist on the Witness Stand: Forensic Linguistics in American Courts, Lawrence Solan and Peter Tiersma

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Asbestos Litigation Gone Mad: Exposure-Based Recovery for Increased Risk, Mental Distress, and Medical Monitoring, Aaron Twerski and J. A. Henderson

Submissions from 2001

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Conjoining International Human Rights Law with Enterprise Liability for Accidents, Anita Bernstein

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Reciprocity, Utility, and the Law of Aggression, Anita Bernstein

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Restatement (Third) of Torts: General Principles and the Prescription of Masculine Order, Anita Bernstein

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Reverse Like-Kind Exchanges: A Principled Approach, Bradley T. Borden

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Decision-Makers Without Duties: Defining the Duties of Parent Corporations Acting as Sole Corporate Members in Nonprofit Health Care System, Dana Brakman Reiser

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Pegram's Regress: A Missed Chance for Sensible Judicial Review of Managed Care Decisions, Michael Cahill and Peter Jacobson

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When A Clinician Grew in Brooklyn: A Tribute to Kathleen Sullivan, Stacy Caplow and Minna J. Kotkin

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Taking Democracy Seriously, Neil B. Cohen

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Braking the Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto

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Quasi-Rationality in Action: A Study of Psychological Factors in Merger Decision Making, James A. Fanto

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Failing the Test: Germany Leads Europe in Dismantling Refugee Protection, Maryellen Fullerton

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The Optional Protocol to the Women's Convention: An Argument for Ratification, Heidi Gilchrist

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No Law ... Abridging, Joel Gora

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The Calm After the Storm: First Amendment Cases in the Supreme Court's 2000-2001 Term, Joel Gora

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The Storm Arrives: The First Amendment Cases in the Supreme Court's 1999-2000 Term, Joel Gora

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The Jury in the 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman and Lawerence M. Solan

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Crystals and Mud in Bankruptcy Law: Judicial Competence and Statutory Design, Edward J. Janger

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Regulation of Securities and Security Exchanges in the Age of the Internet, Roberta S. Karmel

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The Future of Corporate Governance Listing Requirements, Roberta S. Karmel

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Standing Upright: The Moral and Legal Standing of Humans and Other Apes, Adam Kolber

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When A Clinician Grew in Brooklyn: A Tribute to Kathleen Sullivan, Minna J. Kotkin and Stacy Caplow

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The Justification for Protecting Reasonable Expectations, Bailey Kuklin

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DNA: Lessons From the Past - Problems for the Future - Introduction, Bailey Kuklin and Margaret A. Berger

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The Secondary Effects of Environmental Justice Litigation: The Case of West Dallas Coalition for Environmental Justice v. EPA, Gregg P. Macey and Lawrence E. Susskind

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Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Tears Later: Reflections on the State of Feminism Today, Elizabeth M. Schneider and Regina Austin

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Irish Legal History: An Overview and Guide to the Sources, Janet Sinder

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Convicting the Innocent Beyond a Reasonable Doubt: Some Lessons About Jury Instructions from the Sheppard Case, Lawrence Solan

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The Written Contract as Safe Harbor for Dishonest Conduct, Lawrence Solan

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Why Laws Work Pretty Well, But Not Great: Words and Rules in Legal Intrepretation, Lawrence Solan

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Causation, Contribution and Legal Liability: An Empirical Study, Lawrence Solan and John Darley

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Of Two Wrongs that Make a Right: Two Paradoxes of the Evidence Law and Their Combined Economic Justification, Alex Stein

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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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Shooting from the Lip: United States v. Dickerson, Role [Im]morality, and the Ethics of Legal Rhetoric, Elizabeth Fajans and Mary R. Falk

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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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Regulatory Takings and Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold

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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