Content Posted in 2020
Accommodation Subverted: The Future of Work/Family Initiatives in a 'Me, Inc.' World, Rachel Arnow-Richman
A Common Law of Zoning, Michael Allan Wolf
Addressing Due Process Concerns: Evaluating Proposals for Civil Asset Forfeiture Reform, Kelly Milliron
A Knowledge Theory of Tacit Agreement, Wentong Zheng
A Nihilistic View of the Efficient Breach, Jeffrey L. Harrison
Animus and its Discontents, William D. Araiza
Antidiscriminatory Algorithms, Stephanie Bornstein
Antitrust's "Curse of Bigness" Problem, D. Daniel Sokol
“Antitrust's Least Glorious Hour”: The Robinson-Patman Act, Roger D. Blair and Christina DePasquale
Artificial Intelligence and Climate Change, Amy L. Stein
A Statutory National Security President, Amy L. Stein
A Statutory National Security President, Amy L. Stein
A Threat Assessment Framework for Lone-Actor Terrorists, Melissa Hamilton
Author Meets Reader, Scholar Meets Worker: An Introduction to the Section on Labor Relations and Employment Law 2011 AALS Panel Presentation, Rachel Arnow-Richman
Bargaining for Loyalty in the Information Age: A Reconsideration of the Role of Substantive Fairness in Enforcing Employee Noncompetes, Rachel Arnow-Richman
Bargaining in the Shadow of the Debt Ceiling: When Negotiating Over Spending and Tax Laws, Congress and the President Should Consider the Debt Ceiling a Dead Letter, Neil H. Buchanan and Michael C. Dorf
Beyond Compare: A Codefendant's Prison Sentence as a Mitigating Factor in Death Penalty Cases, Jeffrey L. Kirchmeier
Beyond Headlines & Holdings: Exploring Some Less Obvious Ramifications of the Supreme Court's 2017 Free-Speech Rulings, Clay Calvert
Beyond Trademarks and Offense: Tam and the Justices’ Evolution on Free Speech, Clay Calvert
Bilateral Monopoly, Two-Sided Markets, and the E-Books Conspiracy, Roger D. Blair and Wenche Wang
Borrowing By Any Other Name: Why Presidential "Spending Cuts" Would Still Exceed the Debt Ceiling, Neil H. Buchanan and Michael C. Dorf
Broadening the Use of Municipal Mortgages, Peter Molk
Can the State Proclaim Life After Death? Hellerstedt and Regulating the Disposition of Fetal Remains, Thomas J. Molony
Can the Undue-Burden Standard add Clarity and Rigor to Intermediate Scrutiny in First Amendment Jurisprudence? A Proposal Cutting Across Constitutional Domains for Time, Place & Manner Regulations, Clay Calvert and Minch Minchin
Certifying Questions in First Amendment Cases: Free Speech, Statutory Ambiguity, and Definitive Interpretations, Clay Calvert
Children’s Equality Rights: Every Child’s Right to Develop to their Full Capacity, Nancy E. Dowd
Children's Equality: Strategizing a New Deal for Children, Nancy E. Dowd
Children's Equality: The Centrality of Race, Gender, and Class, Nancy E. Dowd
CISG as Basis of a Comprehensive International Sales Law, Larry A. DiMatteo
Citations, Justifications, and the Troubled State of Legal Scholarship: An Empirical Study, Jeffrey L. Harrison and Amy R. Mashburn
Civil Liability for Encouraging Bad Behavior: From Cheering at a Gang Rape to Promoting Opioid Abuse, James A. Henderson, Jr.
Comparative Warranty Law: Case of Planned Obsolescence, Stefan Wrbka and Larry A. DiMatteo
Contracting for Confidential Discovery, Seth Katsuya Endo
Contract Stories: Importance of the Contextual Approach to Law, Larry A. DiMatteo
Contractual Excuse Under the CISG: Impediment, Hardship, and the Excuse Doctrines, Larry A. DiMatteo
Coordinating Community Reintegration Services for “Deportable Alien” Defendants: A Moral and Financial Imperative, Amy F. Kimpel
Cubewrap Contracts: The Rise of Delayed Term, Standard Form Employment Agreements, Rachel Arnow-Richman
Defamation Per Se and Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, and Austin Vining
Diagnosis Dangerous: Why State Licensing Boards Should Step in to Prevent Mental Health Practitioners from Speculating Beyond the Scope of Professional Standards, Jennifer S. Bard
Discovery Hydraulics, Seth Katsuya Endo
Discrimination against Mothers is the Strongest Form of Workplace Gender Discrimination: Lessons from US Caregiver Discrimination Law, Stephanie Bornstein, Joan C. Williams, and Genevieve R. Painter
Disrupting the Wealth Gap Cycles: An Empirical Study of Testacy and Wealth, Danaya C. Wright
Disruptive Philanthropy: Chan-Zuckerberg, the Limited Liability Company, and the Millionaire Next Door, Dana Brakman Reiser
Don't End or Audit the Fed: Central Bank Independence in an Age of Austerity, Neil H. Buchanan and Michael C. Dorf
Dr. Miles's Orphans: Vertical Conspiracy and Consignment in the Wake of Leegin, Jeffrey L. Harrison
Employer Costs And Conflicts Under The Affordable Care Act, Peter Molk
Employment as Transaction, Rachel Arnow-Richman
Employment Law Inside Out: Using the Problem Method to Teach Workplace Law, Rachel Arnow-Richman
Etched in Stone: Historic Preservation Law and Confederate Monuments, Jess R. Phelps and Jessica Owley
Fake News and the First Amendment: Reconciling a Disconnect Between Theory and Doctrine, Clay Calvert, Stephanie McNeff, Austin Vining, and Sebastian Zarate
Filtering Fake News through a Lens of Supreme Court Observations and Adages, Clay Calvert and Austin Vining
Finding Balance, Forging a Legacy: Harassers’ Rights and Employer Best Practices in the Era of MeToo, Rachel Arnow-Richman
Fingerprints: An Impressionistic and Empirical Evaluation of Richard Posner’s Impact on Contract Law, Jeffrey L. Harrison
First Amendment Envelope Pushers: Revisiting the Incitement-to-Violence Test with Messrs. Brandenburg, Trump, & Spencer, Clay Calvert
Fissures, Fractures & Doctrinal Drifts: Paying the Price in First Amendment Jurisprudence for a Half Decade of Avoidance, Minimalism & Partisanship, Clay Calvert and Matthew D. Bunker
Forgotten But Not Forgiven: Remedies for Student Loan Debtors in Public Service, Andrew Goring
Four out of Four Panelists Agree: U.S. Fiscal Policy Does Not Cheat Future Generations, Neil H. Buchanan
From Blockbuster to Big Brother: How an Increase in Mobile Phone Apps Has Led to a Decrease in Privacy Under the Video Privacy Protection Act, Carlee Rizzolo
From Opera to Real Democracy: Popular Constitutionalism and Web 2.0, Elizabeth Dale
Good Deficits: Protecting the Public Interest from Deficit Hysteria, Neil H. Buchanan
GPS and Cell Phone Tracking of Employees, Marc Chase McAliister
'Great Variety of Relevant Conditions, Political, Social and Economic': The Constitutionality of Congressional Deadlines on Amendment Proposals under Article V, Danaya C. Wright
How Do LLC Owners Contract Around Default Statutory Protections?, Peter Molk
How the War on Terror Is Transforming Private U.S. Law, Maryam Jamshidi
How to Choose the Least Unconstitutional Option: Lessons for the President (and Others) from the Debt Ceiling Standoff, Neil H. Buchanan and Michael C. Dorf
Incenting Flexibility: The Relationship Between Public Law and Voluntary Action in Enhancing Work/Life Balance, Rachel Arnow-Richman
Indecency Four Years After Fox Television Stations: From Big Papi to a Porn Star, An Egregious Mess at the FCC Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, and Tershone Phillips
Insider Trading in Congress: The Need for Regulation, Matthew Barbabella, Daniel Cohen, Alex Kardon, and Peter Molk
Institutional Investors As Short Sellers?, Peter Molk and Frank Partnoy
Integrative Environmental Law: A Prescription for Law in the Time of Climate Change, Alyson C. Flournoy
Intellectual Property and the End of Work, Camilla Hrdy
Is it Sometimes Good to Run Budget Deficits? If so, Should We Admit It (Out Loud)?, Neil H. Buchanan
Just Notice: Re-Reforming Employment At-Will, Rachel Arnow-Richman
Legislating the First Amendment: A Trio of Recommendations for Lawmakers Targeting Free Expression, Clay Calvert
Life in Jail for Misbehavior: Criminal Contempt and the Consequence of Improper Classification, Kaley Ree Jaslow
LLCs and the Private Ordering of Dispute Resolution, Peter Molk and Verity Winship
Medicare Meets Mephistopheles: Health Care, Government Spending, and Economic Prosperity, Neil H. Buchanan
Modifying At-Will Employment Contracts, Rachel Arnow-Richman
Moonlighting Sonata: Conflicts, Disclosure and the Scholar/Consultant, Jeffrey L. Harrison and Amy R. Mashburn
More Ways to Protect LLC Owners and Preserve LLC Flexibility, Peter Molk
Newsgathering Takes Flight in Choppy Skies: Legal Obstacles Affecting Journalistic Drone Use, Clay Calvert, Charles D. Tobin, and Matthew D. Bunker
No Right to Counsel, No Access Without: The Poor Child’s Unconstitutional Catch-22, Lisa V. Martin
Nullifying the Debt Ceiling Threat Once and for All: Why the President Should Embrace the Least Unconstitutional Option, Neil H. Buchanan and Michael C. Dorf
Of Power and Process: Handling Harassers in an At-Will World, Rachel Arnow-Richman
Ohio v. American Express: Misunderstanding Two-Sided Platforms, the Charge Card 'Market,' and the Need for Procompetitive Justifications, Jeffrey L. Harrison
Oh, What a Truism the Tenth Amendment Is: State Sovereignty, Sovereign Immunity, and Individual Liberties, Sharon E. Rush
Playing With Fire? Testing Moral Hazard in Homeowners Insurance Valued Policies, Peter Molk
Pleading Poverty in Federal Court, Andrew Hammond
Positive Rights: The New York “Baby Aids Bill” as State-Created Danger, Aaron Badida
Problems in Sharing the Surplus, Roger D. Blair and Thomas Knight
Protecting LLC Owners While Preserving LLC Flexibility, Peter Molk
Protecting the Public from Itself: Paternalism and Irony in Defining Newsworthiness, Clay Calvert
Public Law and Private Process: Toward an Organizational Justice Model of Equal Employment Quality for Caregiver, Rachel Arnow-Richman
Public-Private Co-Enforcement Litigation, Stephanie Bornstein
Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness, E. Lea Johnston
Reconsidering Incitement, Tinker and The Heckler’s Veto on College Campuses: Richard Spencer and the Charlottesville Factor, Clay Calvert
Reforming Nonprofit Exemption Requirements, Peter Molk
Regulate Physician Restrictive Covenants to Improve Healthcare, Judy Ann Clausen
Regulating for the First Time the Decision to Grant Consumer Credit: A Look at the First Steps Taken by the United States and Australia, Jeffrey Davis
Regulation and the Marginalist Revolution, Herbert Hovenkamp
Reining in Internet-Age Expansion of Exemption 7(C): Towards a Tort Law Approach for Ferreting out Legitimate Privacy Concerns and Unwarranted Intrusions Under FOIA, Clay Calvert, Austin Vining, and Sebastian Zarate
Reregulation and the Regulatory Timeline, Peter Molk and Arden Rowell
Responding to Requests for Assisted Reproductive Technology Intervention Involving Women Who Cannot Give Consent, Jennifer S. Bard and Lindsay Penrose
Response to Working Group on Chapter 2 of the Proposed Restatement of Employment Law: Putting the Restatement in its Place, Rachel Arnow-Richman
Rethinking Major League Baseball’s Antitrust Exemption, Roger D. Blair and Wenche Wang
Rethinking the Efficiency of the Common Law, D. Daniel Sokol
Roots of Revolution: The African National Congress and Gay Liberation in South Africa, Joseph S. Jackson
Rural Resentment and LGBTQ Equality, Luke A. Boso
Scaling Carnegie: Four Iterations of Teaching Transactional Workplace Law Skills, Rachel Arnow-Richman
Situational Ethics and Veganism, Neil H. Buchanan
Social Security and Government Deficits: When Should We Worry?, Neil H. Buchanan
Social Security is Fair to All Generations: Demystifying the Trust Fund, Solvency, and the Promise to Younger Americans, Neil H. Buchanan
Speech v. Conduct, Surcharges v. Discounts: Testing the Limits of the First Amendment and Statutory Construction in the Growing Credit Card Quagmire, Clay Calvert, Rich Shumate, Stephanie McNeff, and Stephenson Waters
Spite: Legal and Social Implications, Jeffrey L. Harrison
Staking the Boundaries of Software Copyrights in the Shadow of Patents, Pamela Samuelson
Straight Out of Compton: Developmental Equality and a Critique of the Compton School Litigation, Nancy E. Dowd
Sunrise, Sunset: An Empirical and Theoretical Assessment of Dual-Class Stock Structures, Andrew William Winden
Taming Self-Defense: Using Deadly Force to Prevent Escapes, Robert Leider
Tax Experimentation, Michael Abramowicz
Taxing the Digital Economy Post-BEPS…Seriously, Andres Báez Moreno and Yariv Brauner
Tearing Down the Wall: How Transfer-on-Death Real-Estate Deeds Challenge the Inter Vivos/Testamentary Divide, Danaya C. Wright and Stephanie Emrick
The Appearance of Professionalism, Elizabeth B. Cooper
The Case Against Income Averaging, Neil H. Buchanan
The Climate Crisis Is a Human Security, Not a National Security, Issue, Maryam Jamshidi
The Dramas of Criminal Law: Thurman Arnold’s Post-Realist Critique of Law Enforcement, Mark Fenster
The Fourth Amendment, Dark Web Drug Dealers, and the Opioid Crisis, Katharine Stewart
The Government's Role in Climate Change Insurance, Peter Molk
The Kids Are Not Alright: Leveraging Existing Health Law to Attack the Opioid Crisis Upstream, Yael Cannon
The Law and Economics of (Functional) Antitrust Standing in the United States and the European Union, Jeffrey L. Harrison
The NCAA’s Transfer Rules: An Antitrust Analysis, Roger D. Blair and Wenche Wang
The Open Mic, Unplugged: Challenges to Viewpoint-Based Constraints on Public-Comment Periods, Frank D. LoMonte and Clay Calvert
The Ownership of Health Insurers, Peter Molk
The Puzzling Lack of Cooperatives, Peter Molk
The Rise and (Potential) Fall of U.S. Cartel Enforcement, Vivek Ghosal and D. Daniel Sokol
The Rise of Business Trusts in Sustainable Neo-Innovative Economies, Lee-ford Tritt and Ryan Scott Teschner
The Scope of IPR Estoppel: A Statutory, Historical, and Normative Analysis, Christa J. Laser
The Territorial Reach of Federal Courts, A. Benjamin Spencer
Thinking, Talking and Teaching on Race: Derrick Bell’s "The Space Traders", Katheryn Russell-Brown
Towards a Global Data Privacy Standard, Michael L. Rustad and Thomas H. Koenig
Unaccompanied Minors, Statutory Interpretation, and Due Process, Shani M. King and Nicole Silvestri Hall
Underinclusivity and the First Amendment: The Legislative Right to Nibble at Problems After Williams-Yulee, Clay Calvert
Vertical Mergers and Entrepreneurial Exit, D. Daniel Sokol
Waiving Removal, Waiving Remand–The Hidden and Unequal Dangers of Participating in Litigation, Joan Steinman
What Do We Owe Future Generations?, Neil H. Buchanan
What Florida's Constitution Revision Commission Can Teach and Learn from Those of Other States, Mary E. Adkins
What if Artificial Intelligence Wrote This? Artificial Intelligence and Copyright Law, Victor M. Palace
What Kind of Environment Do We Owe Future Generations?, Neil H. Buchanan
Why We Should Never Pay Down the National Debt, Neil H. Buchanan