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Scholarly Commons at Boston University School of Law Boston University School of Law
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    Content Posted in 2018

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    A Beautiful Lie: Exploring Rhinelander v. Rhinelander as a Formative Lesson on Race, Identity, Marriage, and Family, Angela Onwuachi-Willig

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    Abuse of Rights: The Continental Drug and the Common Law, Anna di Robilant

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    According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, Angela Onwuachi-Willig

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    'A Considerable Surgical Operation: Article III, Equity, and Judge-Made Law in the Federal Courts, Kristin Collins

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    Administering Marriage: Marriage-Based Entitlements, Bureaucracy and the Legal Construction of the Family, Kristin Collins

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    Administrative Adjudication and Adjudicators, Jack Beermann

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    Adventures of Ed Tuttle, Associate Justice, and Other Stories, Jay Wexler

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    African Parliamentary Knowledge Network Legislative Handbook: Using Evidence to Design and Assess Legislation, Sean J. Kealy

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    After Orange County: Reforming California Municipal Bankruptcy Law, Frederick Tung

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    “A Great Power of Attorney”: Understanding the Fiduciary Constitution, Gary Lawson and Guy I. Seidman

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    AHLA Health Law Curriculum Manual, Kevin Outterson

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    A House Divided: The Invisibility of the Multiracial Family, Angela Onwuachi-Willig and Jacob Willig-Onwuachi

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    AI and Jobs: The Role of Demand, James Bessen

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    All in the Family, Angela Onwuachi-Willig and Jacob Willig-Onwuachi

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    Allocating Patent Litigation Risk Across the Supply Chain, Michael J. Meurer

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    Amending the Federal Arbitration Act, William Park

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    American and European Monopolization Law: A Doctrinal and Empirical Comparison, Keith Hylton and Haizhen Lin

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    An Alternative Model to United States Bar Examinations: The South African Community Service Experience in Licensing Attorneys, Peggy Maisel

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    A New Board Policy on Deferral to Arbitration: Acknowledging and Delimiting Union Waiver of Employee Statutory Rights, Michael Harper

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    An Exclusive Right to Evoke, Stacey Dogan

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    Another Hair Piece: Exploring New Strands of Analysis Under Title VII, Angela Onwuachi-Willig

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    Anti-bullying Policies and Disparities in Bullying: A State-Level Analysis, Angela Onwuachi-Willig, Mark Hatzenbuehler, Javier Flores, and Joesph Cavanaugh

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    Appointments and Illegal Adjudication: The AIA Through a Constitutional Lens, Gary Lawson

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    Arbitration of International Business Disputes: Studies in Law and Practice, 2nd ed., William Park

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    A Room with Many Views: A Response to Essays on According to Our Hearts: Rhinelander v. Rhinelander and the Multiracial Family, Angela Onwuachi-Willig

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    A Short History of Sex and Citizenship: The Historians' Amicus Brief in Flores-Villar v. United States, Kristin Collins

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    A Skeptical View of a Skeptical View of Presidential Term Limits, Jack Beermann

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    A Small Nation Goes to War: Israel's Cabinet Authorization of the 1956 War, Pnina Lahav

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    A Tale of Two Debtors: Bankruptcy Disparities by Race, Rory Van Loo

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    A Tax Response to the Executive Pay Problem, David Walker

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    A Unified Framework for Competition Policy and Innovation Policy, Keith Hylton

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    Autopoiesis and the 'Relative Autonomy' of Law, Hugh Baxter

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    Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, Gary Lawson and David Kopel

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    Bankruptcy and Corporate Reorganization, Legal and Financial Materials, 4th ed., Fred Tung and Mark J. Roe

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    'Bend it Like Beckham' and 'Real Women Have Curves': Constructing Identity in Multicultural Coming-of-Age Stories, Linda C. McClain

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    Beyond Lifestyle: Governing the Social Determinants of Health, Wendy K. Mariner

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    Beyond Trademark Use, Stacey Dogan

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    Breaking the Genuine Link: The Contemporary International Legal Regulation of Nationality, Robert Sloane

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    Brief of Amici Curiae Scholars of The Constitutional Rights and Interests Of Children in Support of Respondents in Masterpiece Cakeshop LTD, et al v. Colorado Civil Rights Commission, Angela Onwuachi-Willig, Catherine E. Smith, Laura Fontana, Tanya Washington, and Barbara Bennett Woodhouse

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    Bringing Foucault into Law and Law into Foucault, Hugh Baxter

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    Brown Shoe Versus the Horizontal Merger Guidelines, Keith Hylton

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    Bureaucratic Resistance and the National Security State, Rebecca Ingber

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    By Any Other Name?: On Being “Regarded As” Black, and Why Title VII Should Apply Even If Lakisha and Jamal Are White, Angela Onwuachi-Willig and Mario Barnes

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    By Any Other Name: Rational Basis Inquiry and the Federal Government's Fiduciary Duty of Care, Gary Lawson

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    Can Consumer-Choice Plans Satisfy Patients? Problems with Theory and Practice in Health Insurance Contracts, Wendy K. Mariner

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    Capturing the Judiciary: Carhart and the Undue Burden Standard, Khiara Bridges

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    Celebrating Critical Race Theory at 20, Angela Onwuachi-Willig

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    Charlotte School of Law Sues ABA, Arguing it was Never Out of Compliance with Bar Pass Rule, Stephanie Francis Ward

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    Choosing the Top Candidate: Best Practices in Academic Law Library Hiring, Ronald Wheeler

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    Church and State: An Economic Analysis, Keith Hylton, Yulia Rodionova, and Fei Deng

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    Class, Classes, and Classic Race Baiting: What’s in a Definition?, Angela Onwuachi-Willig and Amber Fricke

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    Clinical Legal Education's Contribution to Building Constitutionalism and Democracy in South Africa: Past, Present, and Future, Peggy Maisel, Shaheda Mahomed, and Meetali Jain

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    Co-Belligerency, Rebecca Ingber

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    Code Versus the Common Law, Stacey Dogan

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    Combating Antibiotic Resistance Through the Health Impact Fund, Kevin Outterson, Thomas Pogge, and Aidan Hollis

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    Combating Discrimination Against the Formerly Incarcerated in the Labor Market, Angela Onwuachi-Willig and Ifeoma Ajunwa

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    Complimentary and Complementary Discrimination in Faculty Hiring, Angela Onwuachi-Willig

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    Confronting Crawford: Justice Scalia, the Judicial Method, and the Limits(?) of Originalism, Gary Lawson

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    Counterfeit Drugs: The Good, the Bad, and the Ugly, Kevin Outterson

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    Cracking the Egg: Which Came First—Stigma or Affirmative Action?, Angela Onwuachi-Willig, Emily Houh, and Mary Campbell

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    Crime, Punishment, and Legal Error: A Review of the Experimental Literature, Kathryn Zeiler and Erica Puccetti

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    Cry Me A River: The Limits of 'A Systemic Analysis of Affirmative Action in American Law Schools', Angela Onwuachi-Willig and Kevin Johnson

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    Data Collection and the Regulatory State, Ahmed Ghappour

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    Death from the Public Domain?, Kevin Outterson

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    Delinking Investment in Antibiotic Research and Development from Sales Revenues: The Challenges of Transforming a Promising Idea into Reality, Kevin Outterson, Unni Gopinathan, Charles Clift, Anthony So, Chantal Morel, and John-Arne Røttingen

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    Deterrence and Aggregate Litigation, Keith Hylton

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    Deterrence and Antitrust Punishment: Firms Versus Agents, Keith Hylton

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    Did Legal Education Fail Health Reform? And How Health Law Can Help, Wendy K. Mariner

     

    Discovery, Research, and Development of New Antibiotics: The WHO Priority List of Antibiotic-Resistant Bacteria and Tuberculosis, Evelina Tacconelli, Elena Carrara, Alessia Savoldi, Stephan Harbarth, Marc Mendelson, Dominique L. Monnet, Celine Pulcini, Gunnar Kahlmeter, Jan Kluytmans, Yehuda Carmeli, Marc Ouellette, Kevin Outterson, Jean Patel, Marco Cavaleri, Edward M. Cox, Chris R. Houchens, M Lindsay Grayson, Paul Hansen, Nalini Singh, Ursula Theuretzbacher, Nicola Magrini, and WHO Pathogens Priority List Working Group

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    Distribuzione (commerciale) e diritto: variazioni su tema, Daniela Caruso

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    Do Defendants Pay What Juries Award - Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988-2003, David A. Hyman, Bernard S. Black, Kathryn Zeiler, Charles Silver, and William M. Sage

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    Does WestlawNext Really Change Everything: The Implications of WestlawNext on Legal Research, Ronald Wheeler

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    Do Female “Firsts” Still Matter?: Why They Do for Women of Color, Angela Onwuachi-Willig and Amber Shanahan-Fricke

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    Duty and Discretion in International Arbitration, William Park

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    Dworkin's 'One-System' Conception of Law and Morality, Hugh Baxter

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    Dworkin's Two Principles of Dignity: An Unsatisfactory Nonconsequentialist Account of Moral Duties, Kenneth Simons

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    Economic Depreciation, Accrual Taxation, and the Samuelson Theorem: An Essay on the Structure of Capital Income Taxation, Theodore Sims

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    Eliminating the Need for Caps on Title VII Damage Awards: The Shield of Kolstad v. American Dental Association, Michael Harper

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    Empirical Health Law Scholarship: The State of the Field, Kathryn Zeiler

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    End the Failed Chevron Experiment Now: How Chevron Has Failed and Why it Can and Should Be Overruled, Jack Beermann

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    Engaging the Legal Academy in Disaster Response, Davida Finger, Anne Sikes Hornsby, Susan S. Kuo, Rachel A. Van Cleave, and Laila Hlass

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    Ethical Relativism and the Problem of Incoherence, David Lyons

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    Evaluation of Iowa’s Anti-Bullying Law, Angela Onwuachi-Willig, Marizen Ramirez, Corinne Peek-Asa, and Joseph Cavanaugh

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    Evidence of the Law: Proving Legal Claims, Gary Lawson

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    Excavating Race-Based Disadvantage Among Class-Privileged People of Color, Khiara Bridges

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    Exchange Asymmetries Incorrectly Interpreted as Evidence of Endowment Effect Theory and Prospect Theory?, Charles R. Plott and Kathryn Zeiler

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    Expanding and Sustaining Clinical Legal Education In Developing Countries: What We Can Learn From South Africa, Peggy Maisel

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    Exploring the Meaning of Experiential Deaning, Peggy Maisel, Margaret Martin Barry, Robert Dinerstein, Phyllis Goldfarb, and Linda Morton

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    Extending the Normativity of the Extended Family: Reflections on Moore v. City of East Cleveland, Angela Onwuachi-Willig

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    Fair Division, Michael Meurer

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    Family Constitutions and the (New) Constitution of the Family, Linda C. McClain

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    Family Life, the Politics of the Family, and Social Transformation, Linda C. McClain

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    Federal Administrative Law, 6th ed., Gary Lawson

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    Federal Administrative Law, 7th ed., Gary Lawson

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    Federal Courts: The Current Questions, Larry Yackle

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    Federalization Snowballs: The Need for National Action in Medical Malpractice Reform, Abigail Moncrieff

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    Fighting Antibiotic Resistance: Marrying New Financial Incentives To Meeting Public Health Goals, Kevin Outterson

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    Foreign Affairs Federalism: The Myth of National Exclusivity, Robert D. Sloane and Michael J. Glennon

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    Formative Projects, Formative Influences: Of Martha Albertson Fineman and Feminist, Liberal, and Vulnerable Subjects, Linda C. McClain

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    For Whom Does the Bell Toll: The Bell Tolls for Brown?, Angela Onwuachi-Willig

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    Framing the Fourth, Tracey Maclin

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    Free Speech and Hate Speech, from Skokie to Charlottesville, Jack Beermann

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    From Monopolists to Markets?: A Political Economy of Issuer Choice in International Securities Regulation, Frederick Tung

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    From Outsider Status to Insider and Outsider Again: Interest Convergence Theory and Normalization of LGBT Identity, Angela Onwuachi-Willig and Alexander Nourafshan

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    Frozen Charters, Scott Hirst

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    Gap Filling in the Zone of Insolvency, Frederick Tung

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    Girl, Fight!, Angela Onwuachi-Willig

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    'God's Created Order', Gender Complementarity, and the Federal Marriage Amendment, Linda C. McClain

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    Go West Young Woman!: The Mercer Girls and Legal Historiography, Kristin Collins

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    Greeted with a Shrug: The Impact of the Community Design System on United States Law, Stacey Dogan

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    Grounding Trademark Law Through Trademark Use, Stacey Dogan

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    Habermas's Discourse Theory of Law and Democracy, Hugh Baxter

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    Have Truth and Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? An Analysis of the Past and Formula for the Future, Peggy Maisel

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    Health Insurance is Dead; Long Live Health Insurance, Wendy K. Mariner

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    Health Reform: What's Insurance Got to Do with It? Recognizing Health Insurance as a Separate Species of Insurance, Wendy K. Mariner

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    Hon. Solomon Oliver Jr., Angela Onwuachi-Willig

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    How Medicare Could Get Better Prices on Prescription Drugs, Kevin Outterson

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    Immigration and Constitutional Consequences of Post-9/11 Policies Involving Arabs and Muslims in the United States: Is Alienage a Distinction without a Difference?, Susan Akram and Maritza Karmely

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    Incentives to Take Care Under Contributory and Comparative Fault, Keith Hylton and Benjamin Ogden

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    Income Taxation, Wealth Effects, and Uncertainty: Portfolio Adjustments with Isoelastic Utility and Discrete Probability, Theodore Sims

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    Index Funds and the Future of Corporate Governance: Theory, Evidence, and Policy, Scott Hirst

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    Information Costs and the Civil Justice System, Keith Hylton

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    Information Technology and Industry Concentration, James Bessen

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    Injunctive and Reverse Settlements in Competition-Blocking Litigation, Keith Hylton and Sungjoon Cho

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    International Commercial Arbitration: Cases, Materials and Notes on the Resolution of International Business Disputes, 2nd ed., William Park, W. Michael Reisman, W. Laurence Craig, and Jan Paulsson

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    International Law Constraints as Executive Power, Rebecca Ingber

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    Interpretation Catalysts and Executive Branch Legal Decisionmaking, Rebecca Ingber

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    Interpretation Catalysts in Cyberspace, Rebecca Ingber

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    Intimate Affiliation and Democracy: Beyond Marriage?, Linda C. McClain

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    Invention, Refinement and Patent Claim Scope: A New Perspective on the Doctrine of Equivalents, Michael Meurer

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    Involuntary Servitude, Public Accommodations Laws, and the Legacy of Heart of Atlanta Hotel, Inc. v. United States, Linda C. McClain

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    Involuntary Servitude, Public Accommodations Laws, and the Legacy of Heart of Atlanta Motel v. United States, Linda C. McClain

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    Is International Bankruptcy Possible?, Frederick Tung

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    Is Interracial Romance Still Scandalous?, Angela Onwuachi-Willig

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    Is Obtaining an Arrestee's DNA a Valid Special Needs Search Under the Fourth Amendment? What Should (and Will) the Supreme Court Do?, Tracey Maclin

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    Is 'Pay-to-Play' Driving Public Pension Fund Activism in Securities Class Actions? An Empirical Study, David Webber

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    I Wish I Were Black' and Other Tales of Privilege, Angela Onwuachi-Willig

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    Judging Opportunity Lost: Assessing the Viability of Race-Based Affirmative Action After Fisher v. University of Texas, Austin, Angela Onwuachi-Willig, Mario Barnes, and Erwin Chemerinsky

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    Judicial Control of the National Labor Relations Board's Lawmaking in the Age of Chevron and Brand X, Michael Harper

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    Just Another Brother on the SCT?: What Justice Clarence Thomas Teaches Us About the Influence of Racial Identity, Angela Onwuachi-Willig

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    Justice and Elegance for Hedgehogs - In Life, Law, and Literature, Linda C. McClain

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    Justice Ginsburg's Dissent in Bush v. Gore, Hugh Baxter

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    Law and Public Health: Beyond Emergency Preparedness, Wendy K. Mariner

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    Law Schools Should Make Students' Borrowing Data Public, Include with Admissions Offers, Report Says, Stephanie Francis Ward

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    Law, Technology and Patient Safety, Kathryn Zeiler and Gregory Hardy

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    Lead Plaintiffs and Lead Counsel in Deal Litigation, David Webber

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    Legal Education at a Crossroads: Innovation, Integration, and Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, and Robert Seibel

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    Legal Scholarship and External Critique in EU Law, Daniela Caruso and Fernanda Nicola

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    Lessons from the World Conference Against Racism, Peggy Maisel

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    Liberty, James Fleming and Linda C. McClain

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    Looking for Mr. (or Ms.) Rights, Jack M. Beermann

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    Lots of Love for this Loving Analysis, Angela Onwuachi-Willig

     

    Love, Marriage, and the Baby Carriage: Revisiting the Channelling Function of Family Law, Linda C. McClain

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    Malpractice Payouts and Malpractice Insurance: Evidence from Texas Closed Claims, 1990-2003, Charles Silver, Kathryn Zeiler, Bernard Black, David Hyman, and William Sage

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    Managing Legal Change: The Transformation of Establishment Clause Law, Hugh Baxter

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    Mapping States' Reactions to the Syria Strikes of April 2018 - A Comprehensive Guide, Alonso Gurmendi, Rebecca Ingber, Priya Pillai, and Elvina Pothelet

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    Martin Luther King Jr. And Pretext Stops (and Arrests): Reflections on How Far We Have Not Come Fifty Years Later, Tracey Maclin and Maria Savarese

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    Measuring Market Power When the Firm Has Power in the Input and Output Markets, Keith Hylton and Mark Lasser

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    Medicine and Public Health: Crossing Legal Boundaries, Wendy K. Mariner

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    Micro Essay Researching Foreign Law in a Bunch of Common Law Jurisdictions Just Got WAY Easier!, Ronald Wheeler

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    Mission Creep: Public Health Surveillance and Medical Privacy, Wendy K. Mariner

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    Mistaken About Mistakes, Kathryn Zeiler

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    More Than What Courts Do: Jurisprudence, Decision, and Dignity--In Brief Encounters and Global Affairs, Robert Sloane

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    Mostly Unconstitutional: The Case Against Precedent Revisited, Gary Lawson

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    Mr. Prinzo's Breakthrough and the Limits of Confidentiality, Nancy Moore

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    Myths and Realities of the Palestinian Refugee Problem: Reframing the Right of Return, Susan Akram

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    National Thank Your Mentor Day, Ronald Wheeler

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    Negligence, Causation, and Incentives for Care, Keith Hylton and Haizhen Lin

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    Negotiating Gender and (Free and Equal) Citizenship: The Place of Associations, Linda C. McClain

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    Next Generation of Civil Rights Lawyers: Race and Representation in the Age of Identity Performance, Angela Onwuachi-Willig and Anthony Alfieri

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    Non-Parties: The Negative Externalities of Regional Trade Agreements in a Private Law Perspective, Daniela Caruso

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    No Restoration, No Rehabilitation: Shadow Detention of Mentally Incompetent Noncitizens, Sarah Sherman-Stokes

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    Note, Making Ballot Initiatives Work: Some Assembly Required, Portia Pedro

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    Note, Moving Ground, Breaking Traditions: Tasha’s Chronicle, Angela Onwuachi-Willig

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    Nuisance, Keith Hylton

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    ‘Obama’ Has Become a Code Word for Racists, Angela Onwuachi-Willig

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    Obama’s State of the Union Should Honor Colleges That Give Prisoners a Chance, Angela Onwuachi-Willig

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    Of Patents and Property, Michael Meurer

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    Oligopoly Pricing and Richard Posner, Keith Hylton

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    On Derrick Bell as Pioneer and Teacher: Teaching Us How to Have the Nerve, Angela Onwuachi-Willig

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    Optimal Antitrust Enforcement, Dynamic Competition, and Changing Economic Conditions, Keith Hylton

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    Original Intent and Legal Interpretation, David Lyons

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    Our Non-Christian Nation: How Wiccans, Satanists, Atheists, and Other Non-Christians are Demanding Their Rightful Place in American Public Life, Jay Wexler

     

    Outrelativizing Relativism: A Liberal Defense of the Universality of International Human Rights, Robert Sloane

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    Pandemic Preparedness: A Return to the Rule of Law, Wendy K. Mariner, George J. Annas, and Wendy E. Parmet

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    Patent Carrots and Sticks: A Model of Nonobviousness, Michael Meurer

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    Paternalism, Public Health, and Behavioral Economics: A Problematic Combination, Wendy K. Mariner

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    Pharmaceutical Arbitrage: Balancing Access and Innovation in International Prescription Drug Markets, Kevin Outterson

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    Police Interrogation during Traffic Stops: More Questions than Answers, Tracey Maclin

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    Policing the Boundaries of Whiteness: The Tragedy of Being “Out of Place” from Emmett Till to Trayvon Martin, Angela Onwuachi-Willig

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    Post-Firestone Skirmishes: The Patient Protection and Affordable Care Act, Discretionary Clauses and Judicial Review of the ERISA Plan Administrator Decisions, Maria O'Brien

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    Poverty Tourism and the Problem of Consent, Kevin Outterson

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    Poverty Tourism, Justice and Policy, Kevin Outterson, Evan Selinger, and Kyle Whyte

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    Prejudice, Constitutional Moral Progress, and Being "On the Right Side of History": Reflections on Loving v. Virginia at Fifty, Linda C. McClain

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    Preserving Competition: Economic Analysis, Legal Standards and Microsoft, Keith Hylton

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    Presidential Power in Transitions, Jack Beermann

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    Price Discrimination & Intellectual Property, Michael Meurer and Ben Depoorter

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    Privacy Rights and Public Families, Khiara Bridges

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    Private Ordering and the Proxy Access Debate, Scott Hirst and Lucian A. Bebchuk

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    Prologue to a Voluntarist War Convention, Robert Sloane

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    Property Rules and Defensive Conduct in Tort Law Theory, Keith Hylton

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    Quarantine and the Federal Role in Epidemics, Wendy K. Mariner and Michael R. Ulrich

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    Quick Decisions in Patent Cases, Paul Gugliuzza

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    Race and Reform in Twenty-First Century America: Foreword, Angela Onwuachi-Willig, Trina Jones, and Guy-Uriel Charles

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    Recent Case, Ninth Circuit Considers Community's Racial Tension with Police in Finding Illegal Seizure and Lack of Voluntary Consent. — United States V. Washington, 490 F.3d 765 (9th Cir. 2007), Portia Pedro

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    Reconsidering Constitutional Protection for Health Information Privacy, Wendy K. Mariner

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    Reconsidering Realization-Based Accounting for Equity Compensation, David Walker

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    Red Versus Blue (and Purple) States in the Same-Sex Marriage Debate: From Values Polarization to Common Ground?, Linda C. McClain

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    Regulatory Monitors: Policing Firms in the Compliance Era, Rory Van Loo

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    Religious and Political Virtues and Values in Congruence or Conflict?: On Smith, Bob Jones University, and Christian Legal Society, Linda C. McClain

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    Reparations and Equal Opportunity, David Lyons

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    Representative Government, Representative Court? The Supreme Court as a Representative Body, Angela Onwuachi-Willig

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    Research Handbook on Behavioral Law and Economics, Joshua Teitelbaum and Kathryn Zeiler

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    Restating International Torts: Problems of Process and Substance in the ALI's Third Restatement of Torts, Nancy Moore

     

    Rural Health, Universality, and Legislative Targeting, Nicole Huberfeld

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    Sandel on Religion in the Public Square, Hugh Baxter

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    Sentencing for the 'Crime of Crimes': The Evolving 'Common Law' of Sentencing of the International Criminal Tribunal for Rwanda, Robert Sloane

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    Serial Collusion by Multi-Product Firms, Michael Meurer, William Kovacic, and Robert Marshall

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    Sex and Citizenship at the Court, Again, Kristin Collins and Linda K. Kerber

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    Silence of the Lambs, Angela Onwuachi-Willig

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    Social Responsibility Resolutions, Scott Hirst

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    Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata, William Park

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    Some ABCs of Feminist Sex Education (in Light of the Sexuality Critique of Legal Feminism), Linda C. McClain

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    Sovereignty, Integration, and Tax Avoidance in the European Union: Striking the Proper Balance, Lilian Faulhaber

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    Sprawl, Family Rhythms, and the Four-Day Work Week, Katharine Silbaugh

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    State Documents Bibliography: Georgia, Ronald Wheeler and Nancy P. Johnson

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    Stays, Portia Pedro

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    Still Hazy After All These Years: The Lack of Empirical Evidence and Logic Supporting Mismatch, Angela Onwuachi-Willig and William Kidder

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    Still Learning From the Birmingham Jail, Angela Onwuachi-Willig

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    Still Waiting for Tomorrow: The Law and Politics of Unresolved Refugee Crises, Susan Akram and Tom Syring

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    Stipulating the Law, Gary Lawson

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    Sufficiently Safeguarded?: Competency Evaluations of Mentally Ill Respondents in Removal Proceedings, Sarah Sherman-Stokes

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    Supreme Court Justices, Empathy, and Social Change: A Comment on Lani Guinier's Demosprudence Through Dissent, Linda C. McClain

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    System and Lifeworld in Habermas's Theory of Law, Hugh Baxter

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    Take the Fifth... Please!: The Original Insignificance of the Fifth Amendment's Due Process of Law Clause, Gary Lawson

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    Teaching Employment Discrimination, Angela Onwuachi-Willig

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    Technology Regulation by Default: Platforms, Privacy, and the CFPB, Rory Van Loo

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    Testimony of Rebecca Ingber Before the United States Senate Committee on the Judiciary On the Nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court, Rebecca Ingber

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    The Absence of Legal Ethics in the ALI's Principles of Aggregate Litigation: A Missed Opportunity - And More, Nancy Moore

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    The Admission of Legacy Blacks, Angela Onwuachi-Willig

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    The Affordable Care Act and Health Promotion: The Role of Insurance in Defining Responsibility for Health Risks and Costs, Wendy K. Mariner

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    The Agency Problems of Institutional Investors, Scott Hirst, Lucian A. Bebchuk, and Alma Cohen

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    The Business of AI Startups, James Bessen, Stephen Michael Impink, Robert Seamans, and Lydia Reichensperger

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    The Case for Investor Ordering, Scott Hirst

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    The Causation Standard in Federal Employment Law: Gross v. FBL Financial Services, Inc., and the Unfulfilled Promise of the Civil Rights Act of 1991, Michael Harper

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    The Changing Face of Recognition in International Law: A Case Study of Tibet, Robert Sloane

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    The Constitutional Law of Presidential Transitions, Jack Beermann

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    The Consumer Indebtedness Crisis: Law School Clinics As Laboratories For Generating Effective Legal Responses, Peggy Maisel

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    The Contract Clause: A Constitutional History by James W. Ely (review), Jay Wexler

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    The Cost of Conflation: Preserving the Dualism of Jus Ad Bellum and Jus in Bello in the Contemporary Law of War, Robert Sloane

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    The Declining Significance of Presidential Races?, Angela Onwuachi-Willig and Osamudia James

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    The Definition of Marriage Bends Toward Justice, Angela Onwuachi-Willig

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    The Delaware Business Trust Act Failure as the New Corporate Law, Tamar Frankel

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    The Economics of Nuisance Law, Keith Hylton

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    The Economics of Third-Party Financed Litigation, Keith Hylton

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    The Expressive Capacity of International Punishment: The Limits of the National Law Analogy and the Potential of International Criminal Law, Robert Sloane

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    The Freedom of Health, Abigail Moncrieff

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    The Fundamental Building Blocks of Social Relations Regarding Resources: Hohfeld in Europe and Beyond, Anna di Robilant and Talha Syed

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    The Health of International Arbitration: Counterpoise and Common Sense, William Park

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    The Incident at Cavalese and Strategic Compensation, Robert Sloane

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    The Law and Economics of Products Liability, Keith Hylton

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    The Law Officer (LO) and Compliance Officer (CO): Status, Function, Liabilities, and Relationship, Tamar Frankel

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    The 'Male Problematic' and the Problems of Family Law: A Response to Don Browning's 'Critical Familism', Linda C. McClain

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    The Mysterious Ways of Mutual Funds: Market Timing, Tamar Frankel

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    The New Face of Investment Arbitration: NAFTA Chapter 11, William Park

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    The Obama Effect: Specialized Meanings in Anti-discrimination Law, Angela Onwuachi-Willig and Mario Barnes

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    The Obama War Powers Legacy and the Internal Forces that Entrench Executive Power, Rebecca Ingber

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    The Overlooked Corporate Finance Problems of a Microsoft Breakup, David Walker

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    The Picture Begins to Assert Itself: Rules of Construction for Essential Health Benefits in Health Insurance Plans Subject to the Affordable Care Act, Wendy K. Mariner

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    The Policy Challenge of Artificial Intelligence, James Bessen

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    The Practice of Marriage, Katharine Silbaugh

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    The Puzzle of Independent Directors: New Learning, Frederick Tung

    PDF

    The Puzzling Persistence of Curtiss-Wright-Based Theories of Executive Power, Robert Sloane

    PDF

    There’s Just One Hitch, Will Smith: Examining Title VII, Race, Casting, and Discrimination on the Fortieth Anniversary of Loving v. Virginia, Angela Onwuachi-Willig

    PDF

    The Return of the Ring: Welfare Reform’s Marriage Cure as the Revival of Post-Bellum Control, Angela Onwuachi-Willig

    PDF

    The Rhetoric of Bigotry and Conscience in Battles Over "Religious Liberty v. LGBT Rights", Linda C. McClain

    PDF

    The Rise of Fiduciary Law, Tamar Frankel

    Link

    The Road to Virtual Equality?, Angela Onwuachi-Willig

    PDF

    The Scope of Executive Power in the Twenty-First Century: An Introduction, Robert Sloane

    PDF

    The Shrunken Power of the Purse, Alan Feld

    PDF

    The Supreme Court's Assault on Litigation: Why (and How) It Could Be Good for Health Law, Abigail Moncrieff

    PDF

    The Supreme Court's Limitation of Managed-Care Liability, Wendy K. Mariner

    PDF

    The Theory of Tort Doctrine and the Restatement of Torts, Keith Hylton

    PDF

    The Trademark Use Requirement in Dilution Cases, Stacey Dogan

    PDF

    The Transformation of Europe in US Legal Academia and its Legacy in the Field of Private Law, Daniela Caruso

    PDF

    The Trauma of the Routine: Lessons on Cultural Trauma from the Emmett Till Verdict, Angela Onwuachi-Willig

    PDF

    The Verdict on Roberts v. Texaco, Angela Onwuachi-Willig

    PDF

    The Wall and the Law: A Tale of Two Judgements, Susan Akram and S. Michael Lynk

    PDF

    The Way We Pay Now: Understanding and Evaluating Performance-Based Executive Pay, David Walker

    PDF

    The Willingness to Pay-Willingness to Accept Gap, the 'Endowment Effect,' Subject Misconceptions, and Experimental Procedures for Eliciting Valuations: Reply, Charles Plott and Kathryn Zeiler

    PDF

    This Bridge Called Our Backs: An Introduction to “The Future of Critical Race Feminism”, Angela Onwuachi-Willig

    Link

    To All the Colleges That May Never Get a Chance to Reject Me: From the Poor Black Kid With Two Moms, Angela Onwuachi-Willig

    PDF

    Toward an Architecture of Health Law, Wendy K. Mariner

    PDF

    Towards the Declassification of S&P 500 Boards, Scott Hirst, Lucian A. Bebchuk, and June Rhee

    PDF

    Tragedy & Remedy: Reparations for Disparities in Black Health, Kevin Outterson

    Link

    Tuttle in the Balance: A Novel, Jay Wexler

    PDF

    Twenty Years of Web Scraping and the Computer Fraud and Abuse Act, Andrew Sellars

    PDF

    Undercover Other, Angela Onwuachi-Willig

    PDF

    Universal Proxies, Scott Hirst

    PDF

    Unleashing or Harnessing 'Armies of Compassion'?: Reflections on the Faith-Based Initiative, Linda C. McClain

    PDF

    Unpacking Backdating: Economic Analysis and Observations on the Stock Option Scandal, David Walker

    PDF

    Untangling Belligerency from Neutrality in the Conflict with Al-Qaeda, Rebecca Ingber

    PDF

    Using the Anglo-American Respondeat Superior Principle to Assign Responsibility for Worker Statutory Benefits and Protections, Michael Harper

    PDF

    Using the Master’s “Tool” to Dismantle His House: Why Justice Clarence Thomas Makes the Case for Affirmative Action, Angela Onwuachi-Willig

    PDF

    Veterans Benefits in 2010: A New Dialogue Between the Supreme Court and the Federal Circuit, Paul Gugliuzza

    PDF

    Volunteer Discrimination, Angela Onwuachi-Willig

    Link

    Vulnerable Populations and Transformative Law Teaching: A Critical Reader, Angela Onwuachi-Willig

    PDF

    'We Know It When We See It': Intermediary Trademark Liability and the Internet, Stacey Dogan

    PDF

    What About #UsToo?: The Invisibility of Race in the #MeToo Movement, Angela Onwuachi-Willig

    PDF

    What Doctors Can Learn from Lawyers About Conflicts of Interest, Nancy Moore

    PDF

    What Else Matters for Corporate Governance?: The Case of Bank Monitoring, Frederick Tung

    PDF

    What Explains Observed Reluctance to Trade? A Comprehensive Literature Review, Kathryn Zeiler

    Link

    What Interracial and Gay Couples Know About 'Passing', Angela Onwuachi-Willig

    PDF

    What the Right of Publicity Can Learn from Trademark Law, Stacey Dogan

    PDF

    What Would Be the Story of Alice and Leonard Rhinelander Today?, Angela Onwuachi-Willig

    Link

    What Would Mildred Loving Think About the Use of Images of Multiracial Families for Anti-LGBT Family Messages?, Angela Onwuachi-Willig

    PDF

    When Different Means the Same: Applying a Different Standard of Proof to White Plaintiffs Under the McDonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig

    Link

    When God is Not Green: A World-wide Journey to Places Where Religious Practice and Environmentalism Collide, Jay Wexler

    PDF

    Who Are the Beneficiaries of Fisk University's Stieglitz Collection?, Alan Feld

    PDF

    Who Should Regulate Class Action Lawyers?, Nancy Moore

    PDF

    Women's Place: Urban Planning, Housing Design, and Work-Family Balance, Katharine Silbaugh

 
 
 

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