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UF Law Scholarship Repository

UF Law Scholarship Repository

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    Content Posted in 2020

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    Accommodation Subverted: The Future of Work/Family Initiatives in a 'Me, Inc.' World, Rachel Arnow-Richman

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    A Common Law of Zoning, Michael Allan Wolf

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    Addressing Due Process Concerns: Evaluating Proposals for Civil Asset Forfeiture Reform, Kelly Milliron

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    A Knowledge Theory of Tacit Agreement, Wentong Zheng

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    A Nihilistic View of the Efficient Breach, Jeffrey L. Harrison

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    Animus and its Discontents, William D. Araiza

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    Antidiscriminatory Algorithms, Stephanie Bornstein

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    Antitrust's "Curse of Bigness" Problem, D. Daniel Sokol

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    “Antitrust's Least Glorious Hour”: The Robinson-Patman Act, Roger D. Blair and Christina DePasquale

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    Artificial Intelligence and Climate Change, Amy L. Stein

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    A Statutory National Security President, Amy L. Stein

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    A Statutory National Security President, Amy L. Stein

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    A Threat Assessment Framework for Lone-Actor Terrorists, Melissa Hamilton

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    Author Meets Reader, Scholar Meets Worker: An Introduction to the Section on Labor Relations and Employment Law 2011 AALS Panel Presentation, Rachel Arnow-Richman

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    Bargaining for Loyalty in the Information Age: A Reconsideration of the Role of Substantive Fairness in Enforcing Employee Noncompetes, Rachel Arnow-Richman

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    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

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    Beyond Compare: A Codefendant's Prison Sentence as a Mitigating Factor in Death Penalty Cases, Jeffrey L. Kirchmeier

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    Beyond Headlines & Holdings: Exploring Some Less Obvious Ramifications of the Supreme Court's 2017 Free-Speech Rulings, Clay Calvert

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    Beyond Trademarks and Offense: Tam and the Justices’ Evolution on Free Speech, Clay Calvert

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    Bilateral Monopoly, Two-Sided Markets, and the E-Books Conspiracy, Roger D. Blair and Wenche Wang

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    Borrowing By Any Other Name: Why Presidential "Spending Cuts" Would Still Exceed the Debt Ceiling, Neil H. Buchanan and Michael C. Dorf

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    Broadening the Use of Municipal Mortgages, Peter Molk

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    Can the State Proclaim Life After Death? Hellerstedt and Regulating the Disposition of Fetal Remains, Thomas J. Molony

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    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

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    Certifying Questions in First Amendment Cases: Free Speech, Statutory Ambiguity, and Definitive Interpretations, Clay Calvert

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    Children’s Equality Rights: Every Child’s Right to Develop to their Full Capacity, Nancy E. Dowd

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    Children's Equality: Strategizing a New Deal for Children, Nancy E. Dowd

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    Children's Equality: The Centrality of Race, Gender, and Class, Nancy E. Dowd

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    CISG as Basis of a Comprehensive International Sales Law, Larry A. DiMatteo

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    Citations, Justifications, and the Troubled State of Legal Scholarship: An Empirical Study, Jeffrey L. Harrison and Amy R. Mashburn

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    Civil Liability for Encouraging Bad Behavior: From Cheering at a Gang Rape to Promoting Opioid Abuse, James A. Henderson, Jr.

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    Comparative Warranty Law: Case of Planned Obsolescence, Stefan Wrbka and Larry A. DiMatteo

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    Contracting for Confidential Discovery, Seth Katsuya Endo

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    Contract Stories: Importance of the Contextual Approach to Law, Larry A. DiMatteo

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    Contractual Excuse Under the CISG: Impediment, Hardship, and the Excuse Doctrines, Larry A. DiMatteo

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    Coordinating Community Reintegration Services for “Deportable Alien” Defendants: A Moral and Financial Imperative, Amy F. Kimpel

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    Cubewrap Contracts: The Rise of Delayed Term, Standard Form Employment Agreements, Rachel Arnow-Richman

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    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

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    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

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    Discovery Hydraulics, Seth Katsuya Endo

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    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

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    Disrupting the Wealth Gap Cycles: An Empirical Study of Testacy and Wealth, Danaya C. Wright

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

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    Don't End or Audit the Fed: Central Bank Independence in an Age of Austerity, Neil H. Buchanan and Michael C. Dorf

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    Dr. Miles's Orphans: Vertical Conspiracy and Consignment in the Wake of Leegin, Jeffrey L. Harrison

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    Employer Costs And Conflicts Under The Affordable Care Act, Peter Molk

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    Employment as Transaction, Rachel Arnow-Richman

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    Employment Law Inside Out: Using the Problem Method to Teach Workplace Law, Rachel Arnow-Richman

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    Etched in Stone: Historic Preservation Law and Confederate Monuments, Jess R. Phelps and Jessica Owley

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    Fake News and the First Amendment: Reconciling a Disconnect Between Theory and Doctrine, Clay Calvert, Stephanie McNeff, Austin Vining, and Sebastian Zarate

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    Filtering Fake News through a Lens of Supreme Court Observations and Adages, Clay Calvert and Austin Vining

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    Finding Balance, Forging a Legacy: Harassers’ Rights and Employer Best Practices in the Era of MeToo, Rachel Arnow-Richman

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    Fingerprints: An Impressionistic and Empirical Evaluation of Richard Posner’s Impact on Contract Law, Jeffrey L. Harrison

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    First Amendment Envelope Pushers: Revisiting the Incitement-to-Violence Test with Messrs. Brandenburg, Trump, & Spencer, Clay Calvert

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    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

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    Forgotten But Not Forgiven: Remedies for Student Loan Debtors in Public Service, Andrew Goring

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    Four out of Four Panelists Agree: U.S. Fiscal Policy Does Not Cheat Future Generations, Neil H. Buchanan

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    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

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    From Opera to Real Democracy: Popular Constitutionalism and Web 2.0, Elizabeth Dale

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    Gag Clauses and the Right to Gripe: The Consumer Review Fairness Act of 2016 & State Efforts to Protect Online Reviews from Contractual Censorship, Clay Calvert

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    Good Deficits: Protecting the Public Interest from Deficit Hysteria, Neil H. Buchanan

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    GPS and Cell Phone Tracking of Employees, Marc Chase McAliister

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    'Great Variety of Relevant Conditions, Political, Social and Economic': The Constitutionality of Congressional Deadlines on Amendment Proposals under Article V, Danaya C. Wright

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    How Do LLC Owners Contract Around Default Statutory Protections?, Peter Molk

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    How the War on Terror Is Transforming Private U.S. Law, Maryam Jamshidi

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    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

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    Incenting Flexibility: The Relationship Between Public Law and Voluntary Action in Enhancing Work/Life Balance, Rachel Arnow-Richman

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    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

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    Insider Trading in Congress: The Need for Regulation, Matthew Barbabella, Daniel Cohen, Alex Kardon, and Peter Molk

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    Institutional Investors As Short Sellers?, Peter Molk and Frank Partnoy

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    Integrative Environmental Law: A Prescription for Law in the Time of Climate Change, Alyson C. Flournoy

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    Intellectual Property and the End of Work, Camilla Hrdy

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    Intentional Infliction of Emotional Distress & The Hulk Hogan Sex Tape: Examining a Forgotten Cause of Action in Bollea v. Gawker Media, the Gap It Reveals in IIED’s Constitutionalization, and A Path Forward for Revenge Porn Victims, Clay Calvert

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    Is Everything a Full-Blown First Amendment Case After Becerra and Janus? Sorting out Standards of Scrutiny and Untangling "Speech as Speech" Cases from Disputes Incidentally Affecting Expression, Clay Calvert

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    Is it Sometimes Good to Run Budget Deficits? If so, Should We Admit It (Out Loud)?, Neil H. Buchanan

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    Just Notice: Re-Reforming Employment At-Will, Rachel Arnow-Richman

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    Legislating the First Amendment: A Trio of Recommendations for Lawmakers Targeting Free Expression, Clay Calvert

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    Life in Jail for Misbehavior: Criminal Contempt and the Consequence of Improper Classification, Kaley Ree Jaslow

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    LLCs and the Private Ordering of Dispute Resolution, Peter Molk and Verity Winship

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    Medicare Meets Mephistopheles: Health Care, Government Spending, and Economic Prosperity, Neil H. Buchanan

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    Merging Offensive-Speech Cases with Viewpoint-Discrimination Principles: The Immediate Impact of Matal v. Tam on Two Strands of First Amendment Jurisprudence, Clay Calvert

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    Modifying At-Will Employment Contracts, Rachel Arnow-Richman

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    Moonlighting Sonata: Conflicts, Disclosure and the Scholar/Consultant, Jeffrey L. Harrison and Amy R. Mashburn

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    More Ways to Protect LLC Owners and Preserve LLC Flexibility, Peter Molk

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    Newsgathering Takes Flight in Choppy Skies: Legal Obstacles Affecting Journalistic Drone Use, Clay Calvert, Charles D. Tobin, and Matthew D. Bunker

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    No Right to Counsel, No Access Without: The Poor Child’s Unconstitutional Catch-22, Lisa V. Martin

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    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

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    Of Power and Process: Handling Harassers in an At-Will World, Rachel Arnow-Richman

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    Ohio v. American Express: Misunderstanding Two-Sided Platforms, the Charge Card 'Market,' and the Need for Procompetitive Justifications, Jeffrey L. Harrison

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    Oh, What a Truism the Tenth Amendment Is: State Sovereignty, Sovereign Immunity, and Individual Liberties, Sharon E. Rush

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    Playing With Fire? Testing Moral Hazard in Homeowners Insurance Valued Policies, Peter Molk

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    Pleading Poverty in Federal Court, Andrew Hammond

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    Positive Rights: The New York “Baby Aids Bill” as State-Created Danger, Aaron Badida

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    Problems in Sharing the Surplus, Roger D. Blair and Thomas Knight

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    Professional Standards and the First Amendment in Higher Education: When Institutional Academic Freedom Collides with Student Speech Rights, Clay Calvert

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    Protecting LLC Owners While Preserving LLC Flexibility, Peter Molk

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    Protecting the Public from Itself: Paternalism and Irony in Defining Newsworthiness, Clay Calvert

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    Public Law and Private Process: Toward an Organizational Justice Model of Equal Employment Quality for Caregiver, Rachel Arnow-Richman

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    Public-Private Co-Enforcement Litigation, Stephanie Bornstein

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    Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness, E. Lea Johnston

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    Reconsidering Incitement, Tinker and The Heckler’s Veto on College Campuses: Richard Spencer and the Charlottesville Factor, Clay Calvert

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    Reforming Nonprofit Exemption Requirements, Peter Molk

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    Regulate Physician Restrictive Covenants to Improve Healthcare, Judy Ann Clausen

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    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

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    Regulation and the Marginalist Revolution, Herbert Hovenkamp

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    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

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    Reregulation and the Regulatory Timeline, Peter Molk and Arden Rowell

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    Responding to Requests for Assisted Reproductive Technology Intervention Involving Women Who Cannot Give Consent, Jennifer S. Bard and Lindsay Penrose

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    Response to Working Group on Chapter 2 of the Proposed Restatement of Employment Law: Putting the Restatement in its Place, Rachel Arnow-Richman

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    Rethinking Major League Baseball’s Antitrust Exemption, Roger D. Blair and Wenche Wang

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    Rethinking the Efficiency of the Common Law, D. Daniel Sokol

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    Roots of Revolution: The African National Congress and Gay Liberation in South Africa, Joseph S. Jackson

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    Rural Resentment and LGBTQ Equality, Luke A. Boso

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    Scaling Carnegie: Four Iterations of Teaching Transactional Workplace Law Skills, Rachel Arnow-Richman

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    Situational Ethics and Veganism, Neil H. Buchanan

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    Social Security and Government Deficits: When Should We Worry?, Neil H. Buchanan

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    Social Security is Fair to All Generations: Demystifying the Trust Fund, Solvency, and the Promise to Younger Americans, Neil H. Buchanan

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    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

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    Spite: Legal and Social Implications, Jeffrey L. Harrison

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    Staking the Boundaries of Software Copyrights in the Shadow of Patents, Pamela Samuelson

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    Straight Out of Compton: Developmental Equality and a Critique of the Compton School Litigation, Nancy E. Dowd

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    Sunrise, Sunset: An Empirical and Theoretical Assessment of Dual-Class Stock Structures, Andrew William Winden

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    Taming Self-Defense: Using Deadly Force to Prevent Escapes, Robert Leider

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    Tax Experimentation, Michael Abramowicz

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    Taxing the Digital Economy Post-BEPS…Seriously, Andres Báez Moreno and Yariv Brauner

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    Tearing Down the Wall: How Transfer-on-Death Real-Estate Deeds Challenge the Inter Vivos/Testamentary Divide, Danaya C. Wright and Stephanie Emrick

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    Testing the First Amendment Validity of Laws Banning Sexual Orientation Change Efforts on Minors: What Level of Scrutiny Applies after Becerra and Does a Proportionality Approach Provide a Solution?, Clay Calvert

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    The Appearance of Professionalism, Elizabeth B. Cooper

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    The Case Against Income Averaging, Neil H. Buchanan

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    The Climate Crisis Is a Human Security, Not a National Security, Issue, Maryam Jamshidi

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    The Dramas of Criminal Law: Thurman Arnold’s Post-Realist Critique of Law Enforcement, Mark Fenster

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    The FCC and Profane Language: The Lugubrious Legacy of a Moral Panic and a Grossly Offensive Definition that must be Jettisoned, Clay Calvert

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    The First Amendment and Speech Urging Suicide: Lessons from the Case of Michelle Carter and the Need to Expand Brandenburg's Application, Clay Calvert

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    The Fourth Amendment, Dark Web Drug Dealers, and the Opioid Crisis, Katharine Stewart

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    The Government Speech Doctrine in Walker’s Wake: Early Rifts and Reverberations on Free Speech, Viewpoint Discrimination, and Offensive Expression, Clay Calvert

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    The Government's Role in Climate Change Insurance, Peter Molk

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    The Kids Are Not Alright: Leveraging Existing Health Law to Attack the Opioid Crisis Upstream, Yael Cannon

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    The Law and Economics of (Functional) Antitrust Standing in the United States and the European Union, Jeffrey L. Harrison

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    The NCAA’s Transfer Rules: An Antitrust Analysis, Roger D. Blair and Wenche Wang

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    The Open Mic, Unplugged: Challenges to Viewpoint-Based Constraints on Public-Comment Periods, Frank D. LoMonte and Clay Calvert

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    The Ownership of Health Insurers, Peter Molk

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    The Puzzling Lack of Cooperatives, Peter Molk

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    The Right to Record Images of Police in Public Places: Should Intent, Viewpoint, or Journalistic Status Determine First Amendment Protection?, Clay Calvert

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    The Rise and (Potential) Fall of U.S. Cartel Enforcement, Vivek Ghosal and D. Daniel Sokol

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    The Rise of Business Trusts in Sustainable Neo-Innovative Economies, Lee-ford Tritt and Ryan Scott Teschner

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    The Scope of IPR Estoppel: A Statutory, Historical, and Normative Analysis, Christa J. Laser

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    The Territorial Reach of Federal Courts, A. Benjamin Spencer

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    Thinking, Talking and Teaching on Race: Derrick Bell’s "The Space Traders", Katheryn Russell-Brown

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    Towards a Global Data Privacy Standard, Michael L. Rustad and Thomas H. Koenig

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    Unaccompanied Minors, Statutory Interpretation, and Due Process, Shani M. King and Nicole Silvestri Hall

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    Underinclusivity and the First Amendment: The Legislative Right to Nibble at Problems After Williams-Yulee, Clay Calvert

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    Vertical Mergers and Entrepreneurial Exit, D. Daniel Sokol

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    Waiving Removal, Waiving Remand–The Hidden and Unequal Dangers of Participating in Litigation, Joan Steinman

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    What Do We Owe Future Generations?, Neil H. Buchanan

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    What Florida's Constitution Revision Commission Can Teach and Learn from Those of Other States, Mary E. Adkins

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    What if Artificial Intelligence Wrote This? Artificial Intelligence and Copyright Law, Victor M. Palace

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    What Kind of Environment Do We Owe Future Generations?, Neil H. Buchanan

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    Why We Should Never Pay Down the National Debt, Neil H. Buchanan

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    Wither Zauderer, Blossom Heightened Scrutiny? How the Supreme Court’s 2018 Rulings in Becerra and Janus Exacerbate Problems with Compelled-Speech Jurisprudence, Clay Calvert

 
 
 

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