Content Posted in 2024
Acceptance Remarks for the 2024 Distinguished Service Award for Lifetime Achievement, Thomas L. Ambro
Access to Justice: A Roadmap to Creating and Launching Consumer Bankruptcy Experiential Programs in Law Schools, Ishaq Kundawala
Am I My Colleague’s Keeper When It Comes to Disclosing Connections?, Nancy B. Rapoport
Animating a Statutory Right: Access to Counsel for Noncitizens in Reasonable Fear Review, Reese Wilking
Anti-Liberal Rights Retrenchment as a Threat to the Rule of Law, Paul Gowder
Antitrust, Labor Markets, and Issue-Spotting DEI Initiatives, Francesca Pisano
Are Appointed Judges Strategic Too?, Joanna Shepherd
Assessing Design Defectiveness in the Digital Age, Elizabeth Petras
Bad Attempts, Andrew Jensen Kerr
Bad Faith Prosecution, Ann Woolhandler, Jonathan R. Nash, and Michael G. Collins
Bankrupting the Matrix: DAOs and the Code, Ryan Levin
Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration, S. I. Strong
Bridging the Gap in Corporate Governance for Interlocking Directors in Colombia, Juan D. Ovalle
Calming the Waters: The International Atomic Energy Agency as a Viable Model to Address Water Weaponization, Jenna Beasley
Can Environmental Law Solve the "Forever Chemical" Problem?, Mark P. Nevitt and Robert V. Percival
Career Motivations of State Prosecutors, Ronald F. Wright and Kay L. Levine
Catalyzing Climate Resilience in the Electric Utility Sector: Investor-Backed Utilities Must Prepare for the Approaching Storm, Jose J. Gonzalez
Chapter 13: Let’s Call the Whole Thing Off, Lawrence Ponoroff
Clearing the Path: Improving Implementation of Georgia’s Pathways to Coverage Program, Nicholas Smith
Climate Change and The Specter of Statelessness, Mark P. Nevitt
Climate, Clarity, Controversy: A Constitutional, Statutory, and Policy Analysis of the SEC’s Proposed Climate Disclosure Rules, Astoneia O. Moss
Close Enough for Government Work: What Happens When Congress Doesn't Do Its Job, Thomas C. Arthur and Richard Freer
Compounding Confusion and Hampering Diversity: Life After Finley and the Supplemental Jurisdiction Statute, Richard D. Freer
Conscience Leave, Andrew K. Jennings
Creditor Considerations in Crypto Cases, Alan Rosenberg and Ross Hartog
Criminal Subsidiaries, Andrew K. Jennings
Critical Race Histories: In and Out, Darren L. Hutchinson
Data in Distress: Effectuating State Data Privacy Laws During Bankruptcy, Cameron Love
Defending The Environment: A Mission for the World's Militaries, Mark P. Nevitt
Defensive Rule of Law, Jon Smibert
Deities’ Rights?, Deepa Das Acevedo
Democratic Backsliding in Poland in Light of Rule of Law Accountability to the European Union, Caterina Chiopris and Monika Nalepa
Diamonds (and War Crimes) are Forever: Creating a Time-Immune Framework for the Repatriation of Stolen Cultural Heritage Objects Applying Pillage Principles, Olivia Tyler Dickinson Dibb
Disappropriation, Matthew B. Lawrence
Disillusionment of Discharge: The FRESH START Through Bankruptcy Act, John Ellison
Disputed Territories across the Globe: A Future of Peace or Change?, Angelica Paquette
Disputed Territories across the Globe: A Future of Peace or Change?, Angelica Paquette
Diversity, Tenure, and Dissent, Joanna Shepherd
Environmental War, Climate Security, and the Russia-Ukraine Crisis, Mark P. Nevitt
Evangelicals and Catholics Together on Law: Some Personal and Jewish Reflections, Michael J. Broyde
Federal Enforcers Signal Heightened Scrutiny of Algorithm Use to Inform Pricing Decisions, Lohr A. Beck and Carley H. Thompson
Firm Value and Intracorporate Arbitration, Andrew K. Jennings
From Contacts to Relatedness: Invigorating the Promise of "Fair Play and Substantial Justice" in Personal Jurisdiction Doctrine, Richard Freer
Full Faith and Credit and the Equity Conflict, Polly J. Price
Gay Rights for Gay Whites: Race, Sexual Identity, and Equal Protection Discourse, Darren L. Hutchinson
Grasping at Burnt Straws: The Disaster of the Supplemental Jurisdiction Statute, Thomas C. Arthur and Richard Freer
“Green” is the New Black: Enforcing Consumer Protection Laws Against Greenwashing in the Fashion Industry, Emma Sammons
Historical Foundations and Enduring Fundamentals of American Religious Freedom, John Witte Jr.
Infecting the Body Politic: Observations on Health Security and the "Undesirable" Immigrant, Polly J. Price
Institutional Design and the Predictability of Judicial Interruptions at Oral Argument, Tonja Jacobi, Patrick Leslie, and Zoë Robinson
International Commercial Courts in the United States and Australia: Possible, Probable, Preferable?, S. I. Strong
Introduction: A Tribute to the Honorable Thomas L. Ambro, Z Arima
Invisible Bosses for Invisible Workers, or Why the Sharing Economy is Actually Minimally Disruptive, Deepa Das Acevedo
IP Litigation in U.S. District Courts: 1994-2014, Matthew Sag
Is More Information Always Better? Mandatory Disclosure Regulations in the Prescription Drug Market, Joanna Shepherd
Law in Books Versus Law in Action in the Landmark Shenzhen, China, Personal Bankruptcy Regime, Jason J. Kilborn
Majority Politics and Race Based Remedies, Darren L. Hutchinson
Money, Politics, and Impartial Justice, Joanna Shepherd
Multicultural ADR and Family Law: A Brief Introduction to the Complexities of Religious Arbitration, Michael J. Broyde
Mythical Adverse Effect, Naveen Thomas
Narrowing the Police Accountability Gap in Civil Rights Prosecutions, Daniel W. Xu
Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS, S. I. Strong
Negotiating for Certainty in an Uncertain World, Matthew D. Kent
New Complexity Theories: From Theoretical Innovation to Doctrinal Reform, Darren L. Hutchinson
Non-Uniformity is the New Uniformity: Inconsistent Quarterly Fees and Why the Bankruptcy Administrator System Must Go, Cody Turner
OECD Two-Pillar GloBE Rules: Is It Time to Abandon Hope for International Cooperation on a Global Minimum Corporate Income Tax?, Willem VanderMeulen
On Environmental Law, Climate Change, and National Security Law, Mark P. Nevitt
Opening Remarks, Keith J. Shapiro
Out Yet Unseen: A Racial Critique of Gay and Lesbian Legal Theory and Political Discourse, Darren L. Hutchinson
Overlapping Surgery and Medical Malpractice, Reuben Guttman and Joseph Lanni
Partisan Panel Composition and Reliance on Earlier Opinions in the Circuit Courts, Stuart M. Benjamin, ByungKoo Kim, and Kevin M. Quinn
Pleading Failures in Monell Litigation, Nancy Leong, Katelyn Elrod, and Matthew Nilsen
Preventing Balkanization or Facilitating Racial Domination: A Critique of the New Equal Protection, Darren L. Hutchinson
Protecting Free Speech in Social Media: A Pathway to Self-Determination in International Law, Sydney Marie Harley
Protecting Title IX’s Promise: The Injustice of Indifference in Title IX Peer Sexual Harassment Cases, Emily Harvey
Racial Exhaustion, Darren L. Hutchinson
Reasoned Awards in International Commercial Arbitration: Embracing and Exceeding the Common Law-Civil Law Dichotomy, S. I. Strong
Reforming the Pentagon: Reflections on How Everything Became War and the Military Became Everything, Mark P. Nevitt
Regulating Driving Automation Safety, Matthew T. Wansley
Regulatory Litigation in the European Union: Does the U.S. Class Action have a New Analogue?, S. I. Strong
Response to Professor Dinner, Martha Albertson Fineman
Rethinking Eisner v. Macomber, and the Future of Structural Tax Reform, Alex Zhang
Revocation of David R. Jones’s Lifetime Achievement Award
Rural Health Care in the Age of Hospital Bankruptcies, Sonal Rastogi
Safe Harboring Sloppiness: The Scope of, and Available Remedies Under, Sections 363(m) and 364(e), Vishal Patel
Second-class Administrative Law: Lincoln v. Vigil's Puzzling Presumption of Unreviewability, Matthew B. Lawrence
Selective Contracting in Prescription Drugs: The Benefits of Pharmacy Networks, Joanna Shepherd
Sexual Politics and Social Change, Darren L. Hutchinson
Sharkfests and Databases: Crowdsourcing Plea Bargains, Kay L. Levine, Ronald F. Wright, Nancy J. King, and Marc L. Miller
Social Movements and Judging: An Essay on Institutional Reform Litigation and Desegregation in Dallas, Texas, Darren L. Hutchinson
Subordination and Separation of Powers, Matthew B. Lawrence
Super Medians, Lee Epstein and Tonja Jacobi
Supreme Court Interruptions and Interventions: The Changing Role of the Chief Justice, Tonja Jacobi and Matthew Sag
Table Talk: Short Talks on the Weightier Matters of Law and Religion, John Witte Jr.
Taiwan's Medical Injury Law in Action, Chih-Ming Liang, Robert B Leflar, and Chih-Cheng Wu
Term Limits on Original Intent--An Essay on Legal Debate and Historical Understanding, Polly J. Price
The Attrition of Rights under Parole, Tonja Jacobi, Song Richardson, and Gregory Barr
The Automated Fourth Amendment, Maneka Sinha
The Cauldron Boils: Supplemental Jurisdiction, Amount in Controversy, and Diversity of Citizenship Class Actions, Richard D. Freer
The End of Arbitrage: Recent Chancery Court Decisions Highlight Delaware’s Need to Overturn Transkaryotic, Celia Golod
The End of Remedies?, Joshua Shapiro
The Federalism Challenges of Protecting Medical Privacy in Workers' Compensation, Ani B. Satz
“The Glorious Liberty of the Children of God”: Toward a Christian Defense of Human Rights, John Witte Jr.
The Google Book Settlement and the Fair Use Counterfactual, Matthew Sag
The Legal Crisis Within the Climate Crisis, Mark P. Nevitt
The Limits of Health Care Reform, Ani B. Satz
The Market for Corporate Criminals, Andrew K. Jennings
The New Fourth Era of American Religious Freedom, John Witte Jr. and Eric Wang
The Operational and Administrative Militaries, Mark P. Nevitt
The Past as a Colonialist Resource, Deepa Das Acevedo
The Political Reality of Diversity Jurisdiction, Richard D. Freer
The Procedure of Democratic Erosion, Kevin L. Cope and Mila Versteeg
The Public’s Companies, Andrew K. Jennings
The Rise of General Jurisdiction Over Out-of-State Enterprises in the United States, Peter Hay
The Rise of Uptier Transactions in the Leveraged Loan Market, Joshua Bichovsky
The Roberts Court and Class Litigation: Revolution, Evolution, and Work to Be Done, Richard D. Freer
The Summary Judgment Revolution That Wasn't, Jonathan R. Nash and D. Daniel Sokol
The Unconstitutional Conditions Vacuum in Criminal Procedure, Kay L. Levine, Jonathan R. Nash, and Robert A. Schapiro
The Worst Choice for School Choice: Tuition Tax Credits Are a Bad Idea and Direct Funding is Wiser, Michael J. Broyde and Anna G. Gabianelli
Third-Party Bankruptcy Releases and the Separation of Powers: A Stern Look, Henry Reynolds
Thwarting the Inevitability of Over-Indebtedness, Lois R. Lupica and Zach Neumann
Twenty-First Century Split: Partisan, Racial, and Gender Differences in Circuit Judges Following Earlier Opinions, Stuart M. Benjamin, ByungKoo Kim, and Kevin M. Quinn
Unexplainable on Grounds Other Than Race: The Inversion of Privilege and Subordination in Equal Protection Jurisprudence, Darren L. Hutchinson
Vertical and Horizontal Dimensions of the Rule of Law, Brian Z. Tamanaha
What Place for Family Privacy?, Martha Albertson Fineman
When Can an Agreement on Environmental Policies Comply with U.S. Antitrust Laws?, Nathan Mendelsohn
Where Custom Dictates: A Comparison of the Integration of Customary Law in Nigeria and South Africa as Applicable to Custody and Family Law Dispute, Madelyn Cameron
Why Marriage?, Martha Albertson Fineman