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Faculty Scholarship from 2021

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Fish on First, Larry Alexander

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In Defense of the Standard Picture: The Basic Challenge, Larry Alexander

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Not from Concentrate: Collusion in Collaborative Industries, Jordan M. Barry, John William Hatfield, Scott Duke Kominers, and Richard Lowery

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Propertizing Fair Use, Abraham Bell and Gideon Parchomovsky

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COVID-19 and Preventing Harm to Vulnerable Children, Margaret Dalton, Jessica Heldman, and Robert Fellmeth

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Medical Disobedience and the Conscientious Provision of Prohibited Care, Dov Fox

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The Supreme Court's Abortion Exceptionalism, Dov Fox and Erin Cole

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Floods, Fires, and Inverse Condemnation, Walter W. Heiser

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Transforming the Culture of Juvenile Justice in the Wake of Youth Prison Closures, Jessica Heldman

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Dissenting Statement and Rebuttal of Commissioner Gail L. Heriot in U.S. Commission on Civil Right Report: Racial Disparities on Maternal Health, Gail L. Heriot

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The Defeat of Proposition 16 in California and Mr. Dooley: Should the Supreme Court Take Note of “Th’ Iliction Returns” the Next Time It Addresses Race-Preferential Admissions Policies?, Gail L. Heriot and Alexander M. Heideman

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Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the U.S Commission on Civil Rights, in Their Personal Capacities in Support of Petitioner in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (No. 20-1199)., Gail L. Heriot and Peter Kirsanow

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Models of Electronic-Will Legislation, Adam J. Hirsch

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Impoverishment by Taxation, Ariel Jurow Kleiman

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Income Tax Planning for Visual Artists, their Dealers, Investors and Collectors, Herbert I. Lazerow

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Banning Noncompete Agreements to Create Competitive Job Markets, Mark A. Lemley and Orly Lobel

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Boilerplate Collusion: Clause Aggregation, Antitrust Law & Contract Governance, Orly Lobel

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Testifying in support of SB 906: AN ACT CONCERNING NON-COMPETES, Orly Lobel and Mark A. Lemley

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Presidential Polarization, John O. McGinnis and Michael B. Rappaport

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Lawyer Threats, David McGowan

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The Internet and the Limping Truth, David McGowan

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Streaming & Screaming: Intellectual Property Rights’ Survival in a 21st Century Music Industry, Kyle Pettine

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Wesley Hohfeld's Some Fundamental Legal Conceptions as Applied in Judicial Reasoning (Annotated and Edited), Ted M. Sichelman

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Codebooks for Cycles of Obviousness, Ted M. Sichelman and Hon Ryan T. Holte

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Does Religious Freedom Have a Future?, Steven Douglas Smith

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Michael Perry, Prophet of Progressive Collapse, Steven Douglas Smith

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Constitutional Proportionality and Moral Deontology, Horatio Spector

Faculty Scholarship from 2020

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The Aggregation/Culpability Puzzle, Larry Alexander

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"Under Color of Law”? Rogue Officials and the Real State Action Problem, Larry Alexander

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Separation, Enumeration, and the Implied Bill of Rights, Laurence Claus

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Reproducing Race in an Era of Reckoning, Dov Fox

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June Medical Services v. Russo: The Future of Abortion Access in the U.S., Dov Fox, I. Glenn Cohen, and Eli Y. Adashi

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Lawsuit Frequency and Claims Basis Over Lost, Damaged, and Destroyed Frozen Embryos Over a 10-Year Period, Dov Fox and Gerard Letterie

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The Moral Economy of Fertility Markets: Hope and Hype, History and Inclusion, Dov Fox and Seema Mohapatra

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Dissenting Statement and Rebuttal of Commissioner Gail L. Heriot in Report of the U.S. Commission on Civil Rights: Subminimum Wages: Impact on the Civil Rights of People with Disabilities., Gail L. Heriot

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Electronic-Wills Legislation: The Uniform Act versus Australian and Canadian Alternatives, Adam J. Hirsch and Julia C. Kelety

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Serious Deficiencies in the Drafting of Article 71 of the CISG on Suspension Due to Prospective Impairment of Contract Expectations, William Lawrence

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Biopolitical Opportunities: Between Datafication & Governance., Orly Lobel

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We Are All Gig Workers Now: Online Platforms, Freelancers and The Battles Over Employment Status and Rights During the COVID-19 Pandemic, Orly Lobel

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Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility, Lisa P. Ramsey

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Courts and Foreign Affairs: 'Their Historic Role', Michael D. Ramsey

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Originalism and Birthright Citizenship, Michael D. Ramsey

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A Two Tiered and Categorical Approach to the Nondelegation Doctrine, Michael B. Rappaport

Faculty Scholarship from 2019

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Connecting the Rule of Recognition and Intentionalist Interpretation: An Essay in Honor of Richard Kay, Larry Alexander

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Goldsworthy on Interpretation of Statutes and Constitutions: Public Meaning, Intended Meaning and the Bogey of Aggregation, Larry Alexander

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Inciting, Requesting, Provoking, or Persuading Other to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence, Larry Alexander

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Abortion, Eugenics and Personhood in the Supreme Court, Dov Fox

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Fertility Fraud, Legal Firsts, and Medical Ethics, Dov Fox, I. Glenn Cohen, and Eli Y. Adashi

Faculty Scholarship from 2018

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Appreciation and Responses, Larry Alexander

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Constitutionalism, Larry Alexander

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Is There a Case for Strict Liability?, Larry Alexander

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Law and Politics: What is their Relation?, Larry Alexander

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Retributive Justice, Larry Alexander

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The Need to Attend to Probabilities (for Purposes of Self-Defense and Other Preemptive Actions), Larry Alexander

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Holocaust Art Disputes: The Holocaust Expropriated Art Recovery Act of 2016, Herbert I. Lazerow

Faculty Scholarship from 2017

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Brexit and the Future of Liberal Democracy, Larry Alexander

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Is There Hope for Change? The Evolution of Conceptions of 'Good' Corporate Governance, Lynne Dallas

Faculty Scholarship from 2016

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Consent does not require communication: A reply to Dougherty., Larry Alexander

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Regulatory Entrepreneurship, Jordan M. Barry and Elizabeth Pollman

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Like Snow to the Eskimos and Trump to the Republican Party: The Ali's Many Words for, and Shifting Pronouncements About, "Affirmative Consent", Kevin Cole

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Economic Espionage as Reality or Rhetoric: Equating Trade Secrecy with National Security, Rochelle Cooper Dreyfuss and Orly Lobel

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Art Resale Royalty Options, Herbert I. Lazerow

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Art resale royalty options, Herbert I. Lazerow

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The Law of the Platform, Orly Lobel

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Do religious exemptions save?, Maimon Schwarzchild

Faculty Scholarship from 2015

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Free speech and speaker's intent: A reply to Kendrick., Larry Alexander

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The Misconceived Search for the Meani of "Speech"in Freedom of Speech, Larry Alexander

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Long-Term Shareholders and Time-Phased Voting, Lynne Dallas and Jordan M. Barry

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Libertarianism and the Charitable Tax Subsidies, Miranda Perry Fleischer

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Curb Your Enthusiasm for Pigovian Taxes, Victor Fleischer

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Art Resale Royalty Options, Herbert I. Lazerow

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Do Economic Downturns Dampen Patent Litigation?, Alan C. Marco, Shawn P. Miller, and Ted M. Sichelman

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Free trade then and now, or still Manchester United, Maimon Schwarzchild

Faculty Scholarship from 2014

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Constitutional Theories: A Taxonomy and (Implicit) Critique, Larry Alexander

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Galston on Religion, Conscience, and the Case for Accommodation, Larry Alexander

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The Means Principle, Larry Alexander

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The Most Persuasive Frankfurt Example and What It Shows: Or Why Determinis Is Not the Greatest Threat to Moral Responsibility, Larry Alexander

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The search for legislative intent, Larry Alexander

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How much autonomy do you want?, Maimon Schwarzschild

Faculty Scholarship from 2011

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Short-Termism, the Financial Crisis, and Corporate Governance, Lynne Dallas

Faculty Scholarship from 2009

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Applying California's AB 32 Targets to the Regional Level: A Study of San Diego County Greenhouse Gases and Reduction Stages, Scott J. Anders, David O. De Haan, Nilmini Silva-Send, Sean Tanka, and Lauren Tyner

Faculty Scholarship from 2004

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Corporate Ethics in the Health Care Marketplace, Lynne Dallas

Faculty Scholarship from 2003

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Law and Socio-Economics in Legal Education, Lynne Dallas

Faculty Scholarship from 2002

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A Preliminary Inquiry into the Responsibility of Corporations and Their Directors and Officers for Corporate Climate: The Psychology of Enron's Demise, Lynne Dallas

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The New Managerialism and Diversity on Corporate Boards of Directors, Lynne Dallas