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Submissions from 2023

Federalism, Leadership, and COVID-19: Evolving Lessons for the Public’s Health, Nicole Huberfeld

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High Stakes, Bad Odds: Health Laws and the Revived Federalism Revolution, Nicole Huberfeld

Private Actions to Protect Medicaid Live to See Another Day, Nicole Huberfeld

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A Comment on Markovits's Welfare Economics and Antitrust, Keith N. Hylton

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A Patent and a Prize, Keith N. Hylton

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Tort Theory and the Restatement, in Retrospect, Keith N. Hylton

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Trial Selection and Estimating Damages Equations, Keith N. Hylton

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Utility, Copyright, and Fair Use after Warhol, Keith N. Hylton

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Information Costs and the Civil Justice System, Keith N. Hylton

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Mutual Optimism and Risk Preferences in Litigation, Keith N. Hylton

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Originalism, Official History, and Perspectives versus Methodologies, Keith N. Hylton

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Two Approaches to Equality, with Implications for Grutter, Keith N. Hylton

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How Do Prosecutors "Send a Message"?, Steven Arrigg Koh

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Policing & The Problem of Physical Restraint, Steven Arrigg Koh

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Prosecution and Polarization, Steven Arrigg Koh

Pulse Oximeters and Violation of Federal Antidiscrimination Law, Annabel Kupke, Carmel Shachar, and Christopher Robertson

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Command and Control: Operationalizing the Unitary Executive, Gary S. Lawson

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The Ghosts of Chevron Present and Future, Gary S. Lawson

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Congressional Meddling In Presidential Elections: Still Unconstitutional After All These Years; A Comment On Sunstein, Gary S. Lawson and Jack M. Beermann

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Against the Chenery II "Doctrine", Gary S. Lawson and Joseph Postell

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Why the Court Should Reexamine Administrative Law's Chenery II Doctrine, Gary S. Lawson and Joseph Postell

Trends in the global antibiotics market, Jacob Madden and Kevin Outterson

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Firearm Contagion: A New Look at History, Rachel Martin and Michael Ulrich

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Care Work, Gender Equality, and Abortion: Lessons from Comparative Feminist Constitutionalism, Linda C. McClain

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“Do Not Ever Refer to My Lord Jesus Christ with Pronouns”: Considering Controversies over Religiously Motivated Discrimination on the Basis of Gender Identity, Linda C. McClain