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Recent Online Publications
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).
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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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).
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"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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Articles
"Leaving the House: The Constitutional Status of Resignation from the House of Representatives," 58 Duke Law Journal 177 (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
Articles
"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).
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.
Full Text: [LSN]
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).
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)]
Articles
"When Should a Mistake of Fact Excuse," __Texas Tech Law Review__ (forthcoming) 2009.
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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
Full Text: [LSN]
Contributions to Books
| "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).
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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.
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"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).
"Judicial Decision-Making, Social Science Evidence, and Equal Educational Opportunity: Uneasy Relations and Uncertain Futures", 31 Seattle U. L. Rev. 863 (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
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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
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Articles
"Justice in Time," (forthcoming) 77 George Washington Law Review __ (2009).
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"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).
"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
"Intent-to-Benefit: Individually Enforceable Rights under International Treaties," 44 Stanford Journal of International Law 63 (2008).
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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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).
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Articles
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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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).
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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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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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).
Contributions to Books
"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
"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).
"The Anti-Network: Global Private Law, Legal Knowledge, and the Legitimacy of the State," 56 American Journal of Comparative Law 605 (2008).
Forward: in Transdisciplinary Conflict of Laws (with K. Knop and R. Michaels) 71 (3) Law & Contemporary Problems 1 (Summer 2008).
"Cultural Conflicts," in Transdisciplinary Conflict of Laws 71(3) Law & Contemporary Problems 273 (2008).
Articles
"Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" (with Kevin Clermont), 3 Harvard Law and Policy Review 103 (2009).
Full Text: [HeinOnline] [LSN]
Contributions to Books
| "Law and Philosophy at Odds" (with Larry Alexander), in On Law and Philosophy in |  |
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Articles
"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).
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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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 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
"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.
Full Text: [LSN]
"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.
Full Text: [LSN]
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).
Full Text: [LSN]
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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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).
"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).