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Browse Alphabetically
- Alexander, Gregory S.
- Atlas, Joel
- Barceló III, John J.
- Beresford, H. Richard
- Blume, John H.
- Bowman, Cynthia G.
- Bruce, Thomas R.
- Chafetz, Josh
- Clermont, Kevin M.
- Clymer, Steven D.
- Colb, Sherry F.
- Cramton, Roger C.
- Curtiss, W. David
- Dorf, Michael C.
- Eisenberg, Theodore
- Farina, Cynthia R.
- Freed, Lara G.
- Garvey, Stephen P.
- Germain, Claire M.
- Green, Robert A.
- Hammond, Jane L.
- Hans, Valerie P.
- Hay, George A.
- Heise, Michael
- Henderson, James A.
- Hillman, Robert A.
- Hockett, Robert C.
- Holden-Smith, Barbara
- Johnson, Sheri Lynn
- Kalantry, Sital
- Kent, Robert Brydon
All Recent Publications
Recent Online Publications
Books
| Property and Community (with Eduardo M. Peñalver) (New York : Oxford University Press, forthcoming 2009). |  |
Contributions to Books
| "Property Rights," in Global Perspectives on Constitutional Law (New York: Oxford University Press, Vikram Amar & Mark V. Tushnet eds., 2009). |  |
Articles
"Properties of Community" (with Eduardo M. Penalver), 10 Theoretical Inquiries in Law 127-160 (2009).
(Reply) "Complex Core of Property" 94 Cornell Law Review 1063-1072 (2009).
"The Social-Obligation Norm in American Property Law," 94 Cornell Law Review 745-819 (2009).
"A Statement of Progressive Property," (with Eduardo Penalver and Laura S. Underkuffler) 94 Cornell Law Review 743-744 (2009).
Casebooks
| International Commercial Arbitration: A Transnational Perspective (with Tibor Várady and Arthur T. von Mehren) (St. Paul, MN: Thomson/West, 4th ed. 2009). |  |
| Documents Supplement to International Commercial Arbitration: A Transnational Perspective (with Tibor Várady and Arthur T. von Mehren) (St. Paul, MN: Thomson/West, 4th ed. 2009). |  |
| Teacher’s Manual for International Commercial Arbitration: A Transnational Perspective (with Tibor Varady), (St. Paul, MN: West, 4th ed. 2009) (volume in progress). | |
Contributions to Books
| "Expanded Judicial Review of Awards After Hall Street and in Comparative Perspective," in Resolving International Conflicts- Libor Amicorum, Tibor Várady (Central European University Press; P. Hay, L. Vékás, Y. Elfana & N. Dimitrijevic, eds. 2009), pp. 1-19. |  |
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| "Anti-Foreign-Suit Injunctions to Enforce Arbitration Agreements," in Contemporary Issues in International Arbitration and Mediation (Leiden; Boston: Martinus Nijhoff Publishers, Arthur Rovine, ed., 2008). p107-118. Also Published in VII ICFAI Journal of Alternative Dispute Resolution 59-69 (April, 2008). |  |
Full Text: [Scholarship@CornellLaw] [LSN]
Articles
"Burden of Proof, Prima Facie Case and Presumption in WTO Dispute Settlement," 42 Cornell International Law Journal 23 (2009).
Working Papers
"The Death Penalty in Delaware: An Empirical Study" (with Theodore Eisenberg, Sherri Lynn Johnson, and Valerie P. Hans) Cornell Legal Studies Research Paper No. 08-025 (Aug 6, 2008) Available at SSRN
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Books
| Death Penalty Stories (ed. with Jordan M. Steiker) (NY: Foundation Press, 2009). |  |
Contributions to Books
"Mental Retardation and the Death Penalty Five Years After Atkins," (with Sheri Lynn Johnson & Christopher Seeds) in The Future of America's Death Penalty (Carolina Academic Press, 2009). |  |
| "Gilmore v. Utah: The Persistent Problem of Volunteers", in Death Penalty Stories (NY: Foundation Press, Blume & Steiker eds., 2009). | |
Articles
"An Empirical Look at Atkins v. Virginia and its Application in Capital Cases" (with Sheri Lynn Johnson and Christopher Seeds) 76 Tennessee Law Review 625-639 (2009).
Back to a Future: Reversing Keith Simpson's Death Sentence and Making Peace with the Victim's Family Through Post-Conviction Investigation. (with Sheri Lynn Johnson) 77 UMKC Law Review 963-988 (2009).
"Of Atkins and Men: Deviations from Clinical Definitions of Mental Retardation in Death Penalty Cases," (with Sheri Lynn Johnson and Christopher Seeds) 18 Cornell Journal of Law and Public Policy 689-733 (2009).
"Crime Labs and Prison Guards: a Comment on Melendez-Diaz and its Potential Impact on Capital Sentencing Proceedings," (with Emily Paavola), 3 Charleston Law Review 205 (2009).
Full Text: [WESTLAW]
"The Dilemma of the Criminal Defendant with a Prior Record- Lessons from the Wrongfully Convicted," 5 Journal of Empirical Legal Studies 477 (2008).
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Books
| Dawn Clark Netsch: a Political Life (Evanston, Ill. : Northwestern University Press, 2010.) | |
| Beyond the Uprising: A Polish Girl's Journey (Xlibris, 2008). |  |
Contributions to Books
"The Story of Blank v. Sullivan & Cromwell", in Law Stories: Women and the Law, (forthcoming) (Foundation Press 2009) | |
Articles
"Women in the Legal Profession, 1920-1979s: What Can We Learn from Their Experience about Law and Social Change?, 61 Me. L. Rev. __ (2009).
"Legal Treatment of Cohabitation in the United States," 26 Law & Policy 119 (2004). republished in Marriage and Cohabitation (Alison Diduck, ed., 2008).
Articles
"Leaving the House: The Constitutional Status of Resignation from the House of Representatives," 58 Duke Law Journal 177 (2008).
Books
| Federal Rules of Civil Procedure: 2009 (editor) (Foundation Press, Rev. ed. 2009). |  |
| The Judicial Code and Rules of Procedure in the Federal Courts: Together with the Constitution and Selected Statutes of the United States (compiler) (New York, N.Y.: Thomson Reuters/Foundation Press, Rev. 2009). |  |
| Civil Procedure (St. Paul, Minn.: Thomson/Reuters, 8th ed. 2009), (Black Letter Series). |  |
| Principles of Civil Procedure (St. Paul, Minn.: Thomson/Reuters, 2nd ed., 2009) (Concise Hornbook Series). |  |
Civil Procedure Stories (editor and contributor) (New York, N.Y.: Thomson/Foundation Press, 2nd ed. 2008). |  |
Articles
"Inventing Tests, Destabilizing Systems" (With Stephen C. Yeazell) 95 Iowa Law Review__ (March 2010)
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"Litigation Realities Redux," 84(5) Notre Dame Law Review 1919-1974 (2009); also in Empirical Studies of Judicial Systems (Institutum Iurisprudentiae, Academia Sinica; Taipei, Taiwan, Republic of China; Kuo-Chang Huang, ed., 2008), pp35-104
"Standards of Proof Revisited," 33 Vermont Law Review 469 (2009).
"Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" (with Stewart J. Schwab), 3 Harvard Law and Policy Review 103. (2009)
Full Text: [HeinOnline] [LSN]
"CAFA Judicata: A Tale of Waste and Politics" (with Theodore Eisenberg), 156 University of Pennylvania Law Review 1553 (2008).
Book Reviews
Contributions to Books
| Commentaries in Criminal Law Conversations (New York: Oxford University Press, P Robinson, S Garvey; K Ferzan eds., 2009): "Justifying Homicide Against Innocent Aggressors Without Denying Their Innocence"; "Conversation Before Penetration?"; "Rejecting Jury Nullification"; "Jury Nullification and Erroneous Acquittals: Getting the Causation Backwards"; "Making Sense of Entrapment Law After the Death of Lochner"; "Retaining Remorse"; "Not By Cognition Alone". |  |
Articles
"To Whom Do We Refer When We Speak of Obligations to 'Future Generations'? Reproductive Rights and the Intergenerational Community," 77 George Washington Law Review (2009).
"Why is Torture 'Different' and How 'Different' Is It?," 30 Cardozo Law Review 1411 (2009).
Electronic Publications
"Cass Sunstein's Views About Organ Donation: When is a "Nudge" Illegitimate?" FindLaw.com (Sept 2009).
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"What Vegans Can Learn from the Gay Rights Movement's Successes," FindLaw.com (Sept 2009).
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"Supreme Court Considers Constitutionality of Juvenile Life Without Parole," FindLaw.com (Aug 2009).
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"Lessons From an Animal Cruelty Case In the U.S. Supreme Court," FindLaw.com (Aug 2009).
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"Child Obesity as Child Neglect: Is the Standard American Diet Dangerous?," FindLaw.com (July 2009).
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"The Right of Confrontation: A Supreme Court Decision Reveals Strong Schisms," FindLaw.com (Jul 2009).
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"The Highest Court of New York State Protects Privacy from GPS Monitoring," FindLaw.com (Jun 2009).
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"Kansas v. Ventris: The Supreme Court Misconstrues the Right to Counsel," FindLaw.com (June 2009).
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"Ten Angry Men?: Why The Supreme Court Should Take a Jury Unanimity Case," FindLaw.com (May 2009).
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"Implications of the "Holier-than-Thou Effect" For Criminal Justice," FindLaw.com (May 2009).
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"Avoiding Race Discrimination Between a Rock and a Hard Place: The U.S. Supreme Court Hears Argument in Ricci v. DeStefano," FindLaw.com (Apr 2009).
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"Feminists For Life and the Hard Questions It Must Confront," FindLaw.com (Apr 2009).
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"Why A Botched Abortion Case Should, and Does, Inspire Outrage: The Sycloria Williams Story," FindLaw.com (Apr 2009).
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Articles
“Judicial Independence in Excess: Reviving the Judicial Duty of the Supreme Court,” (with Paul D. Carrington), 94 Cornell Law Review 587 (2009).
“Original Sin and Judicial Independence: Providing Accountability for Justices” (with Paul D. Carrington), 50 William and Mary Law Review 1105 (2009).
Books
Myron C. Taylor: A Useful Life (with C. Evan Stewart) (Internet-First University Press, Ithaca, NY, 2008) | |
Books
| Constitutional Law Stories (editor, and author of Introduction, Foundation Press, 2d ed. 2009). |  |
Contributions to Books
"How the Written Constitution Crowds Out the Extraconstitutional Rule of Recognition," pp 69-93 in The Rule of Recognition and the U. S. Constitution (Oxford University Press; Matthew Adler and Kenneth Himma, eds. 2009). |  |
| "Abstract and Concrete Review", in Global Perspectives on Constitutional Law (Oxford University Press, Vikram D. Amar & Mark V. Tushnet, ed. 2009). |  |
Articles
"The Aspirational Constitution," 77 George Washington Law Review 1631-1672 (2009).
"The Morality of Prophylactic Legislation (with Special Reference to Speed Limits, Assisted Suicide, Torture, and Detention Without Trial)," 61 Current Legal Problems 23 (Oxford U. Press 2008).
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"Does Heller Protect a Right to Carry Guns Outside the Home?," 59 Syracuse Law Review 225 (2008).
"Dynamic Incorporation of Foreign Law," 157 University of Pennsylvania Law Review 103 (2008).
"Abortion Rights," 23 Touro L. Rev. 815 (2008).
Electronic Publications
"Football and Federalism: A Case Centers on NFL Drug Testing," FindLaw.com (Sept, 2009)
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"Was the Deal Capping Drug Cost Savings Inappropriate?" FindLaw.com (Sept, 2009).
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"Did the Supreme Court Recognize an Innocent Person's Right Not to Be Executed?" FindLaw.com (Aug, 2009)
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"Should the Supreme Court Alter Its Approach to Campaign Finance Regulation?," FindLaw.com (Aug 2009).
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"Should Congress Change the Standard for Dismissing a Federal Lawsuit?," FindLaw.com (July 2009).
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"Judge Sotomayor Proves Insufficiently Activist for Some Republican Senators," FindLaw.com (Jul 2009).
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"The Supreme Court Decides the New Haven Firefighter Case," FindLaw.com (Jul 2009).
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"The Obama Administration Defends the Defense of Marriage Act," FindLaw.com (Jun 2009).
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"What is Sonia Sotomayor's Judicial Philosophy?," FindLaw.com (Jun 2009).
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"The Supreme Court Dismisses a 9/11 Detainee's Civil Lawsuit," FindLaw.com (May 2009)
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"The Supreme Court Upholds the FCC's Policy on 'Fleeting Expletives'," FindLaw.com (May 2009).
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"Why President Obama Should Consider Pardoning those Who Designed, Authorized, and Carried Out the Bush Policy of Abusing Detainees," FindLaw.com (Apr 2009).
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"Why the Supreme Court Decision Upholding Cost-Benefit Analysis Under the Clean Water Act Should Not be Used to Discredit Best-Practice Standards," FindLaw.com (Apr 2009).
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Working Papers
"U.S. Chamber of Commerce Liability Survey: Inaccurate, Unfair, and Bad for Business," (Sept. 9, 2009), Available at SSRN.
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"Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Court’s Decision in Exxon Shipping Co. v. Baker" Cornell Legal Studies Research Paper No. 09-011, (Apr 20, 2009), Available at SSRN.
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"The Decision to Award Punitive Damages: An Empirical Study" (with Michael Heise, Nicole L. Walters and Martin T. Wells), Cornell Legal Studies Research Paper No. 09-011 (June 1, 2009) Available at SSRN.
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"Punitive Damages in Securities Arbitration: An Empirical Study," (with Stephen J Choi) Cornell Legal Studies Research Paper No. 1322482 (Jan 2, 2009)
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"The Need for a National Civil Justice Survey of Incidence and Claiming Behavior, (Nov 12, 2008). Available at SSRN.com
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"The Death Penalty in Delaware: An Empirical Study" (With John H. Blume, Sherri Lynn Johnson, and Valerie P. Hans) Cornell Legal Studies Research Paper No. 08-025 (Aug 6, 2008) Available at SSRN.
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Books
| Commercial and Debtor-Creditor Law: Selected Statutes (co-editor with D. Baird and T. Jackson) (Mineola: Foundation Press, 1984). (also annual editions 1986-2008) |  |
Contributions to Books
| "Summary Judgment Rates Over Time, Across Case Categories, and Across Districts: An Empirical Study of Three Large Federal Districts" (with Charlotte Lanvers) in Empirical Studies of Judicial Systems (Institutum Iurisprudentiae, Academia Sinica; Taipei, Taiwan, Republic of China; Kuo-Chang Huang, ed., 2008) pp1-34. | |
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| "The Relation Between Punitive and Compensatory Awards: Combining Extreme Data with the Mass of Awards" (with Valerie P. Hans and Martin T. Wells), in Civil Juries and Civil Justice (New York: Springer, 2008). |  |
Full Text: [Scholarship@CornellLaw] [LSN]
Articles
"The Market for Contracts," (with G. Miller) 30 Cardozo Law Review 2073 (2009).
"Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and on Trial Outcomes" (with Valerie Hans), 94 Cornell Law Review 1353 (2009).
"A New Look at Judicial Impact: Attorneys' Fees in Securities Class Actions After Goldberger v. Integrated Resources, Inc." (with M. Perino and G. Miller) 29 Washington University Journal of Law and Policy 5-35(2009).
"The Flight to New York: An Empirical Study of Choice of Law and Choice of Forum Clauses in Publicly-Held Companies' Contracts" (with Geoffrey P. Miller), 30 Cardozo Law Review 1475 (2009).
"Mandatory Arbitration for Customers but not for Peers: A Study of Arbitration Clauses in Consumer and Non-Consumer Contracts" (with G. Miller, and E. Sherwin), 92 Judicature 118 (2008).
"What is the Settlement Rate and Why Should We Care?," (with Charlotte Lanvers) 6 Journal of Empirical Legal Studies 111 (2009).
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"Plaintiphobia in State Courts? An Empirical Study of State Court Trials on Appeal" (with Michael Heise), 38 Journal of Legal Studies 121 (2009).
"CAFA Judicata: A Tale of Waste and Politics," (with Kevin M. Clermont) 156 University of Pennsylvania Law Review 1553 (2008).
"Arbitration's Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts," (with Geoffrey P. Miller and Emily Sherwin) 41 University of Michigan Journal of Law Reform 871 (2008).
"Statins and Adverse Cardiovascular Events in Moderate-Risk Females: A Statistical and Legal Analysis With Implications for FDA Preemption Claims," (with Martin T. Wells) 5 Journal of Empirical Legal Studies 507 (2008).
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"Implicit Racial Attitudes of Death Penalty Lawyers" (with Sheri Lynn Johnson), 53 DePaul Law Review 1539 (2004). Also published in Critical Race Realism: Intersections of Psychology, Race, and Law (G. Parks, S. Jones, W. Card eds. 2008).
Miscellaneous
"Statins, Cholesterol, Women and Primary Prevention: Evidence-Based Medicine or Wishful Thinking?" (with M. Wells), 5 Future Cardiology 1 (2009).
Books
| Administrative law of the European Union. Transparency and data protection (with Sidney A Shapiro; Thomas M Susman; George A Bermann; Charles H Koch) (Chicago, III. : ABA Section of Administrative Law and Regulatory Practice, 2008) |  |
Contributions to Books
| "Natural Resources Defense Council v. Chevron" in Encyclopedia of the Supreme Court of the United States (2008). | |
| "Transparency" §§ 1-2 (with S. Shapiro & T. Susman) in Administrative Law of the European Union:Transparency and data protection (Chicago, Ill. : ABA Section of Administrative Law and Regulatory Practice; G. Bermann, C. Koch, Jr. and J. O'Reilly, eds., 2008). |  |
Electronic Publications
"Achieving the Potential: The Future of Federal e-Rulemaking," (Committee on the Status and Future of Federal e-Rulemaking: C. Farina, Reporter 2008).
Full Text: [WWW(2)]
Books
| Criminal Law Conversations (with Paul Robinson, Kimberly Ferzan eds.) (Oxford University Press, 2009). | |
Articles
"When Should a Mistake of Fact Excuse," __Texas Tech Law Review__ (forthcoming) 2009.
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"Dealing with Wayward Desire," 3 Criminal Law and Philosophy 1 (2009).
Contributions to Books
| "Louisiana, America, and France: retracing historical milestones and enhancing legal dialogue," in Essays in honor of Sauìl Litvinoff (Baton Rouge, LA : Claitor's Publishing; Olivier Moreìteau, Julio RomanÞach, Jr. Alberto Luis Zuppi eds., 2008). |  |
Working Papers
"The Death Penalty in Delaware: An Empirical Study" (With John H. Blume, Theodore Eisenberg, and Sheri Lynn Johnson) Cornell Legal Studies Research Paper No. 08-025 (Aug 6, 2008) Available at SSRN
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Books
| American Juries: The Verdict (with N. Vidmar) (NY: Prometheus Books, 2007), (Japanese translation to be published by Nippon Hyoron Sha, Tokyo, Japan in May 2009). |  |
Contributions to Books
| "Juries as Conduits for Culture," in Fault Lines: Tort Law as Cultural Practice. (Stanford, CA: Stanford University Press; D. M. Engel & M. McCann eds., 2009) |  |
| "What Difference do Juries Make?" in Empirical Studies of Judicial Systems (Institutum Iurisprudentiae, Academia Sinica; Taipei, Taiwan, Republic of China; Kuo-Chang Huang, ed., 2008), pp105-148. | |
| "The Verdict on Juries," (with N. Vidmar) 91 Judicature 226-230 (2008) Revised chapter from American Juries: The Verdict (with N. Vidmar) (NY: Prometheus Books, 2007). | |
| "The Relation Between Punitive and Compensatory Awards: Combining Extreme Data with the Mass of Awards" (with Theodore Eisenberg and Martin T. Wells), in Civil Juries and Civil Justice: Psychological and Legal Perspectives (New York: Springer; Brian H. Bornstein, Richard L. Wiener, Robert Schopp & Steven Willborn eds., 2008). pp. 105-115. | |
Full Text: [Scholarship@CornellLaw] [LSN]
Articles
"Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and on Trial Outcomes" (with T. Eisenberg), 94 Cornell Law Review 1353 (2009).
"A Jury of One: Opinion Formation, Conformity, and Dissent on Juries." 6 Journal of Empirical Legal Studies 513 (2009).
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"Empowering the Active Jury: A Genuine Tort Reform", 13 Roger Williams U. L. Rev. 39 (2008)
"Science on Trial," 34 Cornell Law Forum 4-10 (Spring, 2008).
Full Text: [WWW(2)]
"Jury Systems Around the World," 4 Annual Review of Law & Social Science 275-297 (2008).
"How Citizens Make Legal Decisions, and how Lawyers Can Help Them," (with M. Fujita) Published in Japanese in: 56 Quarterly Keiji-Bengo [Japanese Quarterly for Criminal Defense Lawyers] 108-114. (2008).
Contributions to Books
| "Facilitating Practices," in Issues in Competition Law and Policy, Vol II (Chicago : ABA Section of Antitrust Law; Wayne D Collins, Joseph Angland eds., 2008), p. 1189 |  |
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Working Papers
"Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Court’s Decision in Exxon Shipping Co. v. Baker," (with Theodore Eisenberg, and Martin T. Wells) Cornell Legal Studies Research Paper No. 09-011 (Apr 20, 2009). Available at SSRN.
Full Text: [LSN]
"The Decision to Award Punitive Damages: An Empirical Study" (with Theodore Eisenberg, Nicole L. Walters and Martin T. Wells), Cornell Legal Studies Research Paper No. 09-011 (June 1, 2009) Available at SSRN.
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Articles
"Plaintiphobia in State Court? An Empirical Study of State Court Trials on Appeal" (with Theodore Eisenberg), 38 Journal of Legal Studies 121 (2009).
"Courting Trouble: Litigation, High-Stakes Testing, and Education Policy," 42 Indiana Law Review (forthcoming 2009).
"Judicial Decision-Making, Social Science Evidence, and Equal Educational Opportunity: Uneasy Relations and Uncertain Futures", 31 Seattle U. L. Rev. 863 (2008).
Casebooks
| Torts: Cases and Materials (with Aaron D. Twerski) (New York, NY: Aspen Law & Business, 2nd ed. 2008). |  |
| Products Liability: Problems and Process (with Aaron Twerski) (New York: Aspen Pub., 6th ed. 2008) |  |
Articles
"Sellers of Safe Products Should Not Be Required to Rescue Users From Risks Presented by Other More Dangerous Products." 37 Southwestern University Law Review 595 (2008).
Working Papers
"Rethinking Consideration in the Electronic Age," (with Maureen O'Rourke) Cornell Legal Studies Research Paper No. 09-004 (Mar 3, 2009). Available at SSRN
Full Text: [Scholarship@CornellLaw] [LSN]
Books
| "Law in Society: Nature, Function, and Limits," (with others) (work in progress to be published by Aspen in 2009). | |
Articles
"Maybe Dick Speidel Was Right about Court Adjustment," __San Diego Law Review__ (forthcoming, 2009).
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"Warranties and Disclaimers in the Electronic Age," 11 Yale Journal of Law and Technology 1 (2008).
Working Papers
“A Fixer-Upper for Finance” (Mar 23, 2009). Available at SSRN
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"Valuing the Waiver: The Real Beauty of Ex Ante Over Ex Post," Cornell Legal Studies Research Paper No. 08-033 (Dec 3, 2008), Available at SSRN.
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"Pareto Versus Welfare," Cornell Legal Studies Research Paper No. 08-031 (Dec 1, 2008). Available at SSRN. Social Choice and Welfare
Full Text: [Scholarship@CornellLaw] [LSN]
Books
| Finance, Financial Institutions and Financial Regulation (Coursebook forthcoming with Thomson-West) (2009). | |
Contributions to Books
| "Human Persons, Human Rights, and the Structure of Justice," in Distributive Justice and International Economic Law (forthcoming) (Oxford University Press; Chi Charmody, Frank Garcia, & John Linarelli, eds. 2009). | |
| “'Access to Capital' in Global Financial Regulation," in Global Issues in Financial Institutions Law (forthcoming) (Thomson-West; Michael P. Malloy, Heidi Mandanis Schooner & Robert C. Hockett, eds. 2009). | |
| "How to Win Globalization More Stakeholders – and the Developing Nations More Wealth – by Making More Stockholders," in Developing Countries in the WTO System (forthcoming), (Cambridge University Press; Chantal Thomas & Joel Trachtman, eds. 2009). | |
| "Bailouts, Buy-Ins, and Ballyhoo: How to Reverse the 'Credit Crunch of ‘08- ‘09,'" in The Subprime Mortgage and Lending Crisis of '08-'09 (forthcoming), (Fordham Urban Law Journal Publications; Andrew Gilman ed. __) | |
| "The Structure of Distribution in Law & Economics," in Norms and Values in Law & Economics (forthcoming) (University of Chicago Press; Aristides N. Hatzis ed.) | |
Articles
"Power, Purpose, and Principle in International Law," (forthcoming) 54 American Journal of Jurisprudence __ (2009).
"Justice in Time," (forthcoming) 77 George Washington Law Review __ (2009).
Full Text: [Scholarship@CornellLaw] [LSN]
"Taking Distribution Seriously," (forthcoming) 5 New York University Journal of Law and Liberty __ (2009).
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"Bringing it All Back Home: How to Save Main Street, Ignore K Street, and Thereby Save Wall Street," 36 Fordham Urban Law Journal 427-445 (2009).
"Why Paretians Can't Prescribe: Preferences, Principles, and Imperatives in Law and Policy," 18 Cornell Journal of Law and Public Policy 391 (2009).
"Human Persons, Human Rights, and the Distributive Structure of Global Justice," 40 Columbia Human Rights Law Review 343 (2009).
"Bailouts, Buy-Ins, and Ballyhoo," 52 Challenge 36 (2009).
"Toward a Global Shareholder Society," 30 University of Pennsylvania Journal of International Law 101 (2008).
"Insource the Shareholding of Outsourced Employees: A Global Stock Ownership Plan," 3 Virginia Law and Business Review 357 (2008).
"Reflective Intensions: Two Foundational Decision-Points in Mathematics, Law, and Economics," 29 Cardozo L. Rev. 1967 (2008).
Working Papers
"The Death Penalty in Delaware: An Empirical Study" (With John H. Blume, Theodore Eisenberg, and Valerie P. Hans) Cornell Legal Studies Research Paper No. 08-025 (Aug 6, 2008) Available at SSRN
Full Text: [LSN]
Articles
"An Empirical Look at Atkins v. Virginia and its Application in Capital Cases" (with John H. Blume and Christopher Seeds) 76 Tennessee Law Review 627-639 (2009).
Back to a Future: Reversing Keith Simpson's Death Sentence and Making Peace with the Victim's Family Through Post-Conviction Investigation. (with John Blume) 77 UMKC Law Review 963-988 (2009).
"Of Atkins and Men: Deviations from Clinical Definitions of Mental Retardation in Death Penalty Cases," (with John H. Blume and Christopher Seeds) 18 Cornell Journal of Law and Public Policy 689-733 (2009).
"Does Unconscious Racial Bias Affect Trial Judges?" (with Jeffrey J. Rachlinski, et al.), 84 Notre Dame Law Review 1195 (2009).
Articles
"Measuring State Compliance with Right to Education Using Indicators: A Case Study of Colombia's Obligations Under the ICESCR," (forthcoming Human Rights Quarterly)
"Intent-to-Benefit: Individually Enforceable Rights under International Treaties," 44 Stanford Journal of International Law 63 (2008).
Books
| Judicial Transformations: The Rights Revolution in the Courts of Europe (Oxford University Press, 2009). |  |
| Judicial Deliberations: A Comparative Analysis of Judicial Transparency, Control, Debate and Legitimacy (Oxford: Oxford University Press, 2004), (reissued in paperback in 2009). |  |
Contributions to Books
| "Transforming Deliberations" in The Legitimacy of Highest Courts’ Rulings: Judicial Deliberations and Beyond (T.M.C. Assert Press, Nick Huls, Maurice Adams & Jacco Bomhoff, eds. 2009). |  |
Working Papers
"Finding and Citing the 'Unimportant' Decisions of the U.S.
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Articles
"Online Access to Court Records - from Documents to Data, Particulars to Patterns," 53 Villanova Law Review 855-887 (2008).
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Contributions to Books
“Derrida’s Laws,” in Divisible Derridas (Johns Hopkins University Press; Steve Nichols & Victor E. Taylor, eds. forthcoming 2010). | |
"Transparency and Textuality: Wilkie Collins' Law Books," in The Secrets of Law (Stanford University Press; forthcoming, 2009). | |
Articles
"Summum and the Establishment Clause," 104 Northwestern University Law Review Colloquy 95 (2009).
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"Commerce in Religion" 84 Notre Dame Law Review 887 (2009).
"Like a Nation State" 55 UCLA Law Review 1621 (2008).
"Daniel Defoe and the Written Constitution," 94 Cornell Law Review 73 (2008).
“Religious Expression in the Balance: A Response to Murad Hussain’s Defending the Faithful,”
117 Yale L.J. Pocket Part 186 (2008).
Full Text: [WWW(2)]
Book Reviews
Review of Bradin Cormack, A Power to Do Justice: Jurisdiction, English Literature, and the Rise of Common Law, 1509-1625; Law & History Review (forthcoming 2009).
Review of John Orth, How Many Judges Does It Take to Make a Supreme Court,” 26 Law & History Review 453 (2008).
Books
Power, Gender and Social Change in Africa (Cambridge Scholars Publishing; Muna Ndulo & Margaret Grieco eds., 2009). |  |
| Africa's Finances: The Contribution of Remittances (Cambridge Scholars Press; R Bardouille, Muna Ndulo, Margaret Grieco, eds., 2008) |  |
Contributions to Books
| "The Commission and the Court under the African Human Rights System," Second Revised Edition of International Human Rights Monitoring Mechanisms: Essays in Honor of Jakob Th. Moller (Martinus Nikhoff pub; G. Alfredsson, J. Grimheden, B. G. Ramcharan, and A. de Zayas, eds., 2009) | |
| "Chinese Investments in Africa: A Case Study of Zambia," in Crouching Tiger, Hidden Dragon? : Africa and China (University of KwaZulu-Natal Press; Kweku Ampiah & Sanusha Naidu, 2008) |  |
| "The African Commission and Court under the Africa Human Rights System," in Africa's Human Rights Architectural (Center for Conflict Resolution, Fanele, Auckland Park, Johannesburg; John Akokpari & Daniel Shea Zimbler, eds., 2008). |  |
Articles
"The United Nations Responses to the Sexual Abuse and Exploitation of Women and Girls By Peacekeepers During Peacekeeping Missions," 27 Berkeley Journal of International Law 127 (2009).
"Mineral Development Contracts in Zambia: The Case for Renegotiation," 5 Zambia Analysis (April 2008).
"Challenge of Devolution of Powers to Local Communities in the SADC Region," Africa Notes, (Cornell University, Winter 2008).
Working Papers
Commentary on Stakic: “The Co-Perpetrator Model of Joint Criminal Enterprise,” 14 Annotated Leading Cases of International Criminal Tribunals (forthcoming 2008).
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Books
| Defending Humanity: When Force is Justified and Why (with G. P. Fletcher) (Oxford University Press, 2008). |  |
Contributions to Books
| "Peace, Security, and Prosecutorial Discretion," in The Emerging Practice of the International Criminal Court (Leiden; Boston: Martinus Nijhoff Publishers; C. Stahn and G. Sluiter eds. 2009). |  |
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| "Towards a Unique Theory of International Criminal Sentencing," in International Criminal Procedure: Towards a Coherent Body of Law (London: CMP Publishing; G. Sluiter, Sergey Vasiliev eds., 2009). |  |
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Articles
"Group Think: the Law of Conspiracy and Collective Reason," 98 Journal of Criminal Law & Criminology 147 (2008).
"The Bounds of Necessity," 6 Journal of International Criminal Justice 289 (2008).
"The Law as Cruelty: Torture as an International Crime," 6 Journal of International Criminal Justice (guest editor with G. P. Fletcher) Special Issue, (2008).
Miscellaneous
Encyclopedia Essays:
Oxford Companion to International Criminal Justice (Oxford; New York: Oxford University Press; Antonio Cassese ed. 2009):
Aggression, Aiding and Abetting, Murray Bernays, Conspiracy, Demjanjuk, Ex Parte Quirin, Excuses and Justifications, Filartiga, Homma, Inchoate Offenses, Intoxication, Kadic v. Karadzic, Krupp and Others, Maltzer and Others, Mental Disease, Mistake of Fact, Mistake of Law, Necessity and Duress, Self Defense, Sosa v. Machlain, US Military Tribunals Sitting at Nuremberg.
Working Papers
"The Illusory Right to Abandon," Cornell Legal Studies Research Paper No. 09-015 (July 1, 2009). Available at SSRN.
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Books
| Property and Community (with Gregory S Alexander) (New York : Oxford University Press, 2009) | |
Articles
"Properties of Community" (with Gregory S. Alexander), 10 Theoretical Inquiries in Law 127 (2009).
"Land Virtues," 94 Cornell Law Review 821 (2009).
"A Statement of Progressive Property," (with Laura S. Underkuffler and Gregory Alexander) 94 Cornell Law Review 743 (2009).
Working Papers
"The Hidden 'Judiciary': An Empirical Examination of Executive Branch Justice," (with Chris Guthrie, and Andrew Wistrich) Cornell Legal Studies Research Paper No. 09-010 (Apr 7, 2009). Available at SSRN.
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Contributions to Books
| "Institutional Design Capitalizing on the Intuitive Nature of Decision Making" (with Mark Lubell, et al.), in Better Than Conscious: Exploiting the Capacity of Humans to Reach Decicions by Both Serial and Parallel Processing of Information (Christopher Engel & Wolf Singer, eds. 2008). |  |
Articles
"Does Unconscious Racial Bias Affect Trial Judges?" (with Sheri Lynn Johnson, et al.), 84 Notre Dame Law Review 1195 (2009).
"Heuristics, Biases, and Philosophy," 43 Tulsa Law Review 865-883 (2008).
Books
| Freedom Without Empire: The Paradox of America's Settler Legacy (forthcoming, Harvard University Press, 2010). |
Contributions to Books
| "Ho ni okeru kibo towa nanika? What kind of hope does law entail?" in Kibogaku (Hope Studies), (Tokyo: Tokyo University Press, Genda Yuji and Uno Shigeki, eds., 2009). | |
| "Private Global Governance, Legal Knowledge, and the Legitimacy of the State" in Beyond the State- Rethinking Private Law. (Tubingen: Mohr (Siebeck), Nils Hansen and Ralf Michaels eds. 2008), 181-205. | |
"And Never the Twain Shall Meet? An Exchange on the Strengths and Weaknesses of Anthropology and Economics in Analyzing the Commons" (with Ravi Kanbur), in The Contested Commons: Conversations Between Anthropologists and Economists, (Blackwell Press, Pranab Bardhan and Isha Ray, eds. 2008). p266-79 |  |
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Articles
"Hope in the Law," 35 Cornell Law Forum 8 (Fall 2009)
"International Law in Domestic Courts: A Conflict of Laws Approach" (with K. Knop and R. Michaels) 103 American Society of International Law Proceedings__ (2009)
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"Reforming Knowledge? A Socio-Legal Critique of the Legal Education Reforms in Japan" (with Takashi Uchida), 1 Drexel Law Review 3 (2009).
Forward: in Transdisciplinary Conflict of Laws (with K. Knop and R. Michaels) 71 (3) Law & Contemporary Problems 1 (Summer 2008).
"The Anti-Network: Global Private Law, Legal Knowledge, and the Legitimacy of the State," 56 American Journal of Comparative Law 605 (2008).
"The Return of the Private: Private International Law Meets Global Governance," (Forthcoming Law & Contemporary Problems 2008).
"Cultural Conflicts," in Transdisciplinary Conflict of Laws 71(3) Law & Contemporary Problems 273 (2008).
Contributions to Books
| "A Coasean Experiment on Contract Presumptions," in Experimental Law and Economics (Edward Elgar Pub; J. Arlen, and E. Talley, eds., 2008). |  |
Articles
"Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" (with Kevin Clermont), 3 Harvard Law and Policy Review 103 (2009).
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Books
| Demystifying Legal Reasoning (with Larry Alexander) (New York : Cambridge University Press, 2008). |  |
Contributions to Books
| "Law and Philosophy at Odds" (with Larry Alexander), in On Law and Philosophy in |  |
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| "Legal Positivism and the Taxonomy of Private Law," in Structure and Justification in Private Law: Essays for Peter Birks (Oxford : Hart Publishing Ltd; Charles Rickett, ed., 2008). |  |
| "The Story of Conley: Precedent by Accident," in Civil Procedure Stories 281 (Kevin M. Clermont, ed., 2d ed. 2008). |  |
Articles
"Legal Taxonomy," 15 Legal Theory 25-54 (2009).
"Mandatory Arbitration for Customers but not for Peers: A Study of Arbitration Clauses in Consumer and Non-Consumer Contracts" (with G. Miller, and E. Sherwin), 92 Judicature 118 (2008).
"The Jurisprudence of Pleading: Rights, Rules, and Conley v. Gibson," 52 Howard Law Journal 73 (2008).
"Arbitration's Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts," (with Theodore Eisenberg and Geoffrey P. Miller) 41 University of Michigan Journal of Law Reform 871 (2008).
"Unjust Enrichment and Creditors," 27 The Review of Litigation 141 (2008).
Books
| The Religious Left and Church-State Relations (Princeton University Press 2009). |  |
Casebooks
| "Leading Cases in Constitutional Law" (with Choper, Fallon, Kamisar) (St. Paul, MN : Thomson/West, 2009.) |  |
| "Leading Cases in Constitutional Law" (with Choper, Fallon, Kamisar) (St. Paul, MN : Thomson/West, 2008.) |  |
| Supplement to The First Amendment: Cases, Comments, Questions (with Jesse H. Choper) (St. Paul: West Publishing Co., 4d ed., 2009, 2008, 2007, 2006). |  |
| Supplement to Constitutional Law: Cases, Comments, Questions (with Choper, Fallon, and Kamisar) (St. Paul: West Publishing Co., 10th ed. 2009, 2008, 2007) |  |
Books
| Form and Function in a Legal System: A General Study (Cambridge University Press; forthcoming, 2010) (paperback version of 2006 ed.) |  |
| Principles of Sales Law (with James J. White) (St. Paul: Thomson/West, 2009) (Concise Hornbook Series) |  |
| Principles of Payment Systems (with James J. White) (St.Paul: Thomson/West, 2008) (Concise Hornbook Series). |  |
| The Uniform Commercial Code, Vol. 2 (with James J. White) (St.Paul: West Publishing Co., 5th ed. 2008) (Practitioner Treatise Series). |  |
| The Uniform Commercial Code, Vol. 3 (with James J. White) (St.Paul: West Publishing Co., 5th ed. 2007) (Practitioner Treatise Series). | |
| Supplements to The Uniform Commercial Code (with James J. White, ed.) (St. Paul, MN: West Group, 5th ed. 2005), (yearly, 2007-). | |
Contributions to Books
| "Positivistic Theories About Law, Especially in Contrast to Natural Law Theories--A General Account," in Festschrift for Okko Behrends (Gottingen, Germany: Wallstein, 2008). | |
| "Instrumentalism," in Encyclopedia of Law and Society (Thousand Oaks, CA: Sage Publications, 2007). |  |
Articles
"Comments on the Comments," 20 Ratio Juris 66-76 (March 2007).
Working Papers
"Migration and Social Regionalism: Labour Migration as an Unintended Consequence of Globalization in Mexico, 1980-2000," Cornell Legal Studies Research Paper No. 09-013 (June 18, 2009), Available at SSRN.
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"Unpopular Popular Constitutionalism," Cornell Legal Studies Research Paper No. 09-012 (June 18, 2009), Available at SSRN.
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"Re-Reading Weber in Law and Development: A Critical Intellectual History of 'Good Governance' Reform," Cornell Legal Studies Research Paper No. 08-034 (Dec 9, 2008) Available at SSRN.
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Books
| "Developing Countries in the WTO Legal System" (ed. with Joel P Trachtman), (New York: Oxford University Press, 2009). |  |
Contributions to Books
"Democratic Governance, Distributive Justice and Development," in Distributive Justice and International Economic Law (Cambridge University Press; Chi Carmody, Frank Garcia, John Linarelli, eds. forthcoming, 2009) | |
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| "Trade, Labor and Migration," in Social Regionalism in the Global Economy (Routledge; forthcoming, Adelle Blackett, Christian Lévesque eds., 2009). | |
"Trade and Labor in the World Trade Organization," in Human Rights and the World Trade Organization (forthcoming, Edward Elgar; Sarah Joseph ed., 2009) | |
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Articles
"Migrant Domestic Workers in Cairo: A Case Study of Informality in Legal and Economic Ordering," American Journal of Comparative Law (forthcoming, 2010).
"Illegal and Informal Labor and Migration: Observations on the Fragmentation of International Law," Comparative Labor Law & Policy Journal (forthcoming, 2010).
"Globalization and the Border," McGeorge Law Review (forthcoming, 2009).
Books
The Idea of Property: Its Meaning and Power (U.K.: Oxford University Press, 2003) (Spanish Translation- LexisNexis Publishers: Chile; forthcoming, 2009). |  |
| Captured by Evil: The Idea of Corruption in Law (Duke University School of Law; forthcoming, 2009). | |
Contributions to Books
| "The Idea of Corruption: Implications for Action," in Corruption and Conflict (American Academy of Arts and Sciences/Kennedy School of Government; forthcoming, 2009). |
Articles
"A Statement of Progressive Property," (with Gregory Alexander and Eduardo Penalver) 94 Cornell Law Review 743 (2009).
Working Papers
"The Decision to Award Punitive Damages: An Empirical Study" (with Theodore Eisenberg, Michael Heise, and Nicole L. Walters), Cornell Legal Studies Research Paper No. 09-011 (June 1, 2009) Available at SSRN.
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"Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Court’s Decision in Exxon Shipping Co. v. Baker," (with T. Eisenberg, M. Heise and M. Wells), Cornell Legal Studies Research Paper No. 09-011 (July 14, 2009) Available at SSRN.
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Contributions to Books
| "The Relation Between Punitive and Compensatory Awards: Combining Extreme Data with the Mass of Awards" (with Theodore Eisenberg and Valerie P. Hans), in Civil Juries and Civil Justice (New York: Springer, 2008). | |
Full Text: [Scholarship@CornellLaw] [LSN]
Articles
"Statins and Adverse Cardiovascular Events in Moderate-Risk Females: A Statistical and Legal Analysis With Implications for FDA Preemption Claims," (with Theodore Eisenberg) 5 Journal of Empirical Legal Studies 507 (2008).
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Working Papers
"The Torture Memos and the Demands of Legality," Cornell Legal Studies Research Paper No. 09-019 (June 22, 2009), Available at SSRN.
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"Jurisprudence and Judicial Ethics," Cornell Legal Studies Research Paper No. 08-009 (2008). Available at SSRN.
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Books
| Lawyers and Fidelity to Law, (Princeton University Press; forthcoming, 2009). | |
| The Law Governing Lawyers: National Rules, Standards, and Statutes (with Susan R. Martyn and Lawrence J. Fox) (Aspen Law and Business, 2005 annual updates through 2010). |  |
Contributions to Books
| Articles on Legal Ethics and Adversary System of Justice, in International Encyclopedia of Ethics (Blackwell Publishing, Hugh LaFollette, ed., forthcoming). | |
| "Legal Advising and the Rule of Law," in Re-Affirming Legal Ethics (Routledge; forthcoming, 2009). | |
Articles
"If Lifelong Learning is the Solution, What is the Problem?" Canadian Legal Education Annual Review (forthcoming 2009 or 2010).
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"Executive Branch Lawyers in a Time of Terror," 31 Dalhousie Law Journal __ (forthcoming, 2009)
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"Government Lawyers, Democracy, and the Rule of Law," 77 Fordham Law Review 1333 (2009).
"Impartiality in Judicial Ethics: A Jurisprudential Analysis," 22 Notre Dame Journal of Law Ethics, and Public Policy 305 (2008).
"Lawyers as Quasi-Public Actors," 45 Alberta Law Review 83 (2008).
Book Reviews
Articles
"Reframing Financial Regulation," (forthcoming in 90 Boston University Law Review__ 2010).
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"The Evolution of Debt: Covenants, the Credit Market, and Corporate Governance," 34 Journal of Corporation Law 641 (2009).