Optimal Sludge? The Price of Price of Program Integrity
Cass R. Sunstein and Julien L. Gosset
Sex-Based Brain Differences and Emotional Harm
Betsy J. Grey
Religious Liberty in a Pandemic
Caroline Mala Corbin
***
Court Culture and Criminal Law Reform
Mitali Nagrecha, Sharon Brett & Colin Doyle
Criminalization of Poverty: Much More to Do
Peter B. Edelman
Kleptocracy Buyouts?: A Response to Professors Blocher and Gulati
Matthias Goldmann
Barricading the Immigration Courts
Jennifer Lee Koh
The Justices’ Forgotten Debuts
Andrew R. Gould
***
Forensics, Statistics, and Law: Ten Years After “A Path Forward”
Brandon Garrett
The Public Reception of the “Path Forward” Report
Steven Kendall
Forensics at the Federal Level
Sue Ballou
The Trajectory of Forensics
Peter Neufeld
Statistics and the Impact of the 2009 NAS Report
Karen Kafadar
Equal Dignity and Unequal Protection: A Framework for Analyzing Disparate Impact Claims
Kyle P. Nodes
Collateral Damage: Private Merger Lawsuits in the Wake of Section 2’s Contraction
Paul F. Brzyski
***
Intelligent Design & Egyptian Goddess: A Response to Professors Buccafusco, Lemly & Masur
Sarah Burstein
You Can Lead A Horse to Water: Heller And the Future of Second Amendment Scholarship
Eric Ruben & Joseph Blocher
The Constitutional Politics Heller Launched
Michael C. Dorf
Comment on Ruben and Blocher: Too Damn Many Cases, and an Absent Supreme Court
Sanford Levinson
Romanticism Meets Realism in Second Amendment Adjudication
Darrell A. H. Miller
A Close Reading of an Excellent Distant Reading of Heller in the Courts
George A. Mocsary
Is the Second Amendment A Second-Class Right?
Adam M. Samaha & Roy Germano
Collaborative Construction of a New Legal Field
Ronald F. Wright & Mark A. Hall
Data Indicate Second Amendment Underenforcement
David B. Kopel
* * *
Does The American Rule Promote Access to Justice? Was That Why It Was Adopted?
John Leubsdorf
Boiling Down Boilerplate in M&A Agreements: A Response to Choi, Gulati, & Scott
Robert Anderson & Jeffrey Manns
What Does Puerto Rican Citizenship Mean for Puerto Rico’s Legal Status?
Joseph Blocher & Mitu Gulati
Quantitative Legal History—Empirics and the Rule of Law in the Antebellum Judiciary
Alfred L. Brophy
Justice and Judgment Among the Whomever: An Anthropological Approach to Judging
John Conley
Evaluating Judges and Judicial Institutions: Reorienting the Perspective
Mitu Gulati, David E. Klein & David F. Levi
Evaluating Judges
Judge Harris Hartz
Talking Judges
Jack Knight & Mitu Gulati
Diversity, Tenure, and Dissent
Joanna Shepherd
Investigating Judicial Responses to Rules
Emily Sherwin
Distinguishing Causal and Normative Questions in Empirical Studies of Judging
Patrick S. Shin
Devising Rule of Law Baselines: The Next Step in Quantitative Studies of Judging
Brian Z. Tamanaha
* * *
Black Hole Apparitions
Lisa Bernstein
Pari Passu Clauses and the Skeumorph Problem in Contract Law
Douglas G. Baird
Cinderella Sovereignty
Anna Gelpern
Insurance Policies: The Grandparents of Contractual Black Holes
Christopher C. French
Administrative Rights in Institutional Perspective
Eloise Pasachoff
Living Constitutional Theory
Andrew Coan
Sports Betting Has an Equal Sovereignty Problem
Ryan M. Rodenberg & John T. Holden
The Asymmetry of Crimes By and Against Police Officers
Monu Bedi
A (Very Thin) Market for Sovereign Control
W. Mark C. Weidemaier
Blocher, Gulati, and Coase: Making or Buying Sovereignty?
Paul B. Stephan
Friendly and Hostile Deals in the Market for Sovereign Control: A Response to Professors Blocher and Gulati
John F. Coyle
Should We Buy Selling Sovereignty?
Stephen Clowney
Determining Classified Evidence’s “Primary Purpose”: The Confrontation Clause and Classified Information After Ohio v. Clark
J. Peter Letteney
PDF
Chevron Deference and Patent Exceptionalism
Christopher J. Walker
PDF
A response to Administrative Power in the Era of Patent Stare Decisis by Stuart Minor Benjamin & Arti K. Rai, and Working Without Chevron: The PTO as Prime Mover by John M. Golden, both printed in Vol. 65, Issue 8
Describing Drugs: A Response to Professors Allison and Ouellette
Jacob S. Sherkow
PDF
A response to How Courts Adjudicate Patent Definiteness and Disclosure by John R. Allison and Lisa Larrimore Ouellette, printed in Vol. 65, Issue 4
Growing Up with Scout and Atticus: Getting from To Kill a Mockingbird Through Go Set a Watchman
Robert E. Atkinson, Jr.
PDF
Professor Atkinson’s follow-up to his Liberating Lawyers: Divergent Parallels in Intruder in the Dust and To Kill a Mockingbird, printed in Vol. 49, Issue 3
Dennis D. Hirsch
PDF
A response to Privacy as a Public Good by Joshua A.T. Fairfield and Christoph Engel, printed in Vol. 65, Issue 3
Response to Privacy as a Public Good
Priscilla M. Regan
PDF
A response to Privacy as a Public Good by Joshua A.T. Fairfield and Christoph Engel, printed in Vol. 65, Issue 3
Implementing Marriage Equality In America
Carl Tobias
PDF
Exotic Addiction
Melissa A. Morgan
August 14, 2015
PDF
“Advice and Consent” In the Appointments Clause: From Another Historical Perspective
Steven I. Friedland
May 24, 2015
PDF
A Fourth Way? Bringing Politics Back into Recess Appointments (And the Rest of the Separation of Powers, Too)
Josh Chafetz
May 24, 2015
PDF
The Need for a Law of Church and Market
Nathan B. Oman
April 25, 2015
PDF
Punishing The Poor Through Welfare Reform: Cruel and Unusual?
Jennifer E.K. Kendrex
March 17, 2015
PDF
The Divisibility of Crime
Jessica A. Roth
February 17, 2015
PDF
An Essay on Descamps v. United States, 133 S. Ct. 2276 (2013)
The Rule of Law as a Law of Standards: Interpreting the Internal Revenue Code
Alice G. Abreu & Richard K. Greenstein
January 11, 2015
PDF
In dialogue with Lawrence A. Zelenak, Custom and the Rule of Law in the Administration
of the Income Tax, printed in Vol. 62, Issue 3
Charting a New Course: Metal-Tech v. Uzbekistan and the Treatment of Corruption in Investment Arbitration
Michael A. Losco
Nov. 18, 2014
PDF
An Essay in conversation with Streamlining the Corruption Defense: A Proposed Framework for FCPA-ICSID Interaction, printed in Vol. 63, Issue 5
Pragmatic Administrative Law and Tax Exceptionalism
Richard Murphy
Oct. 27, 2014
PDF
A response to the 2014 Duke Law Journal Administrative Law Symposium: Taking Administrative Law to Tax
Which Institution Should Determine Whether an Agency’s Explanation of a Tax Decision is Adequate?: A Response to Steve Johnson
Richard J. Pierce, Jr.
Oct. 27, 2014
PDF
A response to Reasoned Explanation and IRS Adjudication by Professor Steve R. Johnson, printed in Vol. 63, Issue 8
What Patent Attorney Fee Awards Really Look Like
Saurabh Vishnubhakat
Apr. 6, 2014
PDF
Emergency Power and Two-Tiered Legality
Curtis A. Bradley
Dec. 31, 2013
PDF
A response to Interpreting Presidential Powers by Professor Richard H. Fallon Jr., printed in Vol. 63, Issue 2