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Submissions from 2018

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Promptly Proving the Need to Detain for Post-Entry Social Control Deportation, Mary Holper

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A New Mens Rea for Rape: More Convictions and Less Punishment, Kari E. Hong

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How To End “Illegal Immigration”, Kari E. Hong

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Getting it Righted: Access to Counsel in Rapid Removals, Kari E. Hong and Stephen Manning

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Chart of Cases with Third Party Funding, Kirrin Hough

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Bankruptcy's Exceptions to Discharge: When Does a Statement About a Single Asset Respect the Debtor's Financial Condition?, Roman Ibragimov

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Judicial Conflicts and Voting Agreement: Evidence from Interruptions at Oral Argument, Tonja Jacobi and Kyle Rozema

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Criminal Doctrines of Faith, David Jaros

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The Architecture of Contract Innovation, Matthew Jennejohn

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Legal Limbo: The Fifth Circuit's Decision in Turner v. Driver Fails to Clarify the Contours of the Public's First Amendment Right to Record the Police, Stephanie Johnson

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How Irrational Actors in the CEO Suite Affect Corporate Governance, Renee M. Jones

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Mayhew v. Town of Smyrna: The Sixth Circuit Frustrates Public Employees' Right to a Jury Trial, Margaux Joselow

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The Circuit Split on Mens Rea for Aiding and Abetting Liability Under the Alien Tort Statute, Srish Khakurel

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If Technology is the Hare, Is Congress the Tortoise? Split Circuits in the Wake of Dahda, Michael Koch

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Board to Death: How Busy Directors Could Cause the Next Financial Crisis, Jeremy C. Kress

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A Slap on the Wrist: Combatting Russia’s Cyber Attack on the 2016 U.S. Presidential Election, Christina Lam

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Making Investment Arbitration Work for All: Addressing the Deficits in Access to Remedy for Wronged Host State Citizens Through Investment Arbitration, Emmanuel T. Laryea

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Understanding "Sanctuary Cities", Christopher N. Lasch, R. Linus Chan, Ingrid V. Eagly, Dina Francesca Haynes, Annie Lai, Elizabeth M. McCormick, and Juliet P. Stumpf

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“A Search Is a Search”: Scanning a Credit, Debit, or Gift Card Is a Search Under the Fourth Amendment, John A. LeBlanc

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Fair Use Avoidance in Music Cases, Edward Lee

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"Bears Need Room to Roam": The Ninth Circuit's Questionable Interpretation of Critical Habitat Designation, Katherine Lee

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Response Regarding Bureau Guidance and Implementation Support (Docket No. CFPB-2018-0013), Adam J. Levitin and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Sin Taxes: Have Governments Gone Too Far in Their Efforts to Monetize Morality?, Franklin Liu

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Investment Treaties, Offshore Finance, and the Resource Curse, Karl M.F. Lockhart

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An Antitrust-Informed Approach to Regulating Internet Interconnection, Daniel A. Lyons

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Protecting States in the New World of Energy Federalism, Daniel A. Lyons

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Greening Investor-State Dispute Settlement, Daniel B. Magraw and Sergio Puig

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Doping Appeals at the Court of Arbitration for Sport: Lessons from Essendon, David Mahoney

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Tribal Sovereign Immunity and the Need for Congressional Action, Hunter Malasky

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You Might Just Have to Wait: Interpreting State Action Immunity and the Ability to Appeal Following the Ninth Circuit's Decision in SolarCity Corp. v. Salt River Project, Hunter Malasky

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Response Regarding Bureau External Engagements (Docket No. CFPB-2018-0005), Cathy Lesser Mansfield and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Avoiding the Planned Obsolescence of Modern International Investment Agreements: Can General Exception Mechanisms Be Improved, and How?, Camille Martini

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Connecticut’s Evolving Views of Riparian Rights and the Public Trust, Terence H. McAllister

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Brief of Amici Curiae Consumer Financial Regulation Scholars in Support of Plaintiff-Appellant, English v. Trump, No. 18-5007 (D.C. Cir.), Patricia A. McCoy

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Response Regarding Bureau Rulemaking Processes (Docket No. CFPB-2018-0009), Patricia A. McCoy and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Complementary Macroprudential Regulation of Nonbank Entities and Activities, Patricia A. McCoy, Daniel Schwarcz, and Jeremy Kress

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Response Regarding Adopted Regulations (Docket No. CFPB-2018-0011), Patricia McCoy and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Home Sweet Home? Determining Habitual Residence Within the Meaning of the Hague Convention, Morgan McDonald

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I Wanna Design for Somebody (Who Needs Me): The Intersection of Humanitarian Engineering, Choice-of-Law, and Technology Transfer in Kenya, Sean Patrick McGinley

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Incapacitating Dangerous Repeat Offenders (or Not): Evidentiary Restrictions on Armed Career Criminal Act Sentencing in United States v. King, Kayleigh E. McGlynn

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Perfect Hedge: Adding Precision to the Proposed SEC Rule on Investment Company Use of Derivatives with a Hedging Exception, David Miller

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Editing Nature: Reconceptualizing Biotechnology Governance, Jonas J. Monast

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Pathologizing “Radicalization” and the Erosion of Patient Privacy Rights, Kelly Morgan

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The Federal Equity Power, Michael T. Morley

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Non-Enforcement Takings, Timothy M. Mulvaney

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Polar Opposites: Assessing the State of Environmental Law in the World's Polar Regions, Mark P. Nevitt and Robert V. Percival

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An Electrifying Expansion of Judicial Review of Agency Actions in PSEG Energy Resources & Trade LLC, Anna Nikolayeva

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Unfaithful but Not Without Privacy Protections: The Seventh Circuit Addresses When Courts Should Consider an E-Mail Interception Unlawful in Epstein v. Epstein, Joseph Noreña

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The Offshore Tax Enforcement Dragnet, Shu-Yi Oei

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The Trouble with Gig Talk: Choice of Narrative and the Worker Classification Fights, Shu-Yi Oei

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Leak-Driven Law, Shu-Yi Oei and Diane M. Ring

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The Wealth Gap and the Racial Disparities in the Startup Ecosystem, Lynnise E. Pantin

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Double Sovereignty in Europe? A Critique of Habermas's Defense of the Nation-State, Vlad F. Perju

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On the (De-)Fragmentation of Statehood in Europe: Reflections on Ernst-Wolfgang Böckenförde’s Work on European Integration, Vlad F. Perju

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Crowdfunding Civil Justice, Ronen Perry

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Response Regarding Bureau Enforcement Processes (Docket No. CFPB-2018-0003), Christopher L. Peterson and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Semantic Hygiene for the Law of Regulatory Takings, Due Process, and Unconstitutional Conditions—Making Use of a Muddy Supreme Court Exactions Case, Zygmunt J.B. Plater and Michael O'Loughlin

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If Anyone Is Listening, #MeToo: Breaking the Culture of Silence Around Sexual Abuse Through Regulating Non-Disclosure Agreements and Secret Settlements, Vasundhara Prasad

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The Road Beyond Kiobel: The Fifth Circuit's Decision in Adhikari v. Kellogg Brown & Root, Inc. and its Implications for the Alien Tort Statute, Vasundhara Prasad

The Impact of the 2017 Act's Tax Rate Changes on Choice of Entity, James R. Repetti

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A Pro Debtor and Majority Approach to the "Automatic Stay" Provision of the Bankruptcy Code—In re Cowen Incorrectly Decided, Claudia A. Restrepo

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Rethinking the Law of Legal Negotiation: Confidentiality Under Federal Rule of Evidence 408 and Related State Laws, Richard C. Reuben

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Third-Party Funding in Investment Arbitration: Misappropriation of Access to Justice Rhetoric by Global Speculative Finance, Tara Santosuosso and Randall Scarlett

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Consumers, Seller-Advisors, and the Psychology of Trust, Justin Sevier and Kelli Alces Williams

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Collaborations between the Juvenile Justice System and Home Visiting Programs, Francine Sherman, Jessica Greenstone Winestone, and Rebecca Fauth

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Healthcare Promises for Public Employees, Natalya Shnitser

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An Empirical Study of Rule 609 and Suggestions for Practical Reform, Ric Simmons

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Writing the Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title III of the Americans with Disabilities Act, Daniel Sorger

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Circumventing Congress's Comprehensive Schemes: The Third Circuit Allows Employees of Educational Institutions to Bypass Title VII and Bring Claims Under Title IX in Doe v. Mercy Catholic Medical Center, Lauren Stewart

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The New Family Freedom, Emily J. Stolzenberg

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Coding with the Building Blocks of the Web, Nick Szydlowski

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No Public Benefits for Public Benefit: The Eleventh Circuit's Narrow Approach to Copyright Registration, Emily B. Tate

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Expansive Disclosure: Regulating Third-Party Funding for Future Analysis and Reform, Rachel Denae Thrasher

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The Regulation of Third Party Funding: Gathering Data for Future Analysis and Reform, Rachel Denae Thrasher

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Blank Slates, Matthew Tokson

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At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct, Paul R. Tremblay

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Balancing Sustainability, the Right to Regulate, and the Need for Investor Protection: Lessons from the Trade Regime, Elizabeth Trujillo

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Response Regarding Bureau Financial Education Programs (Docket No. CFPB-2018-0015), Carly Urban, J. Michael Collins, Stephanie Moulton, and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Remaking Making: Integrating Self-Replicating Technologies with the Exhaustion Doctrine, Adanna Uwazurike

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Adding to the List: The Latest Development in the Anomalous Seventh Circuit Substantial Compliance Approach, Julian Viksman

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Public Entities Become a Model Against Age Discrimination: Expanding the Definition of "Employer" in Guido v. Mount Lemmon Fire District, Kathryn Weston

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Legitimacy Concerns of the Proposed Multilateral Investment Court: Is Democracy Possible?, José Manuel Alvarez Zárate

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Response Regarding Bureau Rules of Practice for Adjudication Proceedings (Docket No. CFPB–2018–0002), David Zaring, Jayme Wiebold, and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Closing the Regulatory Gap for Synthetic Nicotine Products, Patricia J. Zettler, Natalie Hemmerich, and Micah L. Berman

Submissions from 2017

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Sovereignty and Social Change in the Wake of India’s Recent Sodomy Cases, Deepa Das Acevedo

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“Hurdling” Gender Identity Discrimination: The Implications of State Participation Policies on Transgender Youth Athletes’ Ability to Thrive, Kayla L. Acklin

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Four Unconstitutional Constitutions and their Democratic Foundations, Richard Albert

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Single-Subject Constitutional Amendments, Richard Albert

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Classroom Taping Under Legal Scrutiny—A Road Map for a Law School Policy, Alexis Anderson

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The Law of Nonmarriage, Albertina Antognini

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The Symmetry Principle, Bradley A. Areheart

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Reed v. Town of Gilbert: Relax, Everybody, Enrique Armijo

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Call Me Ishimaru: Independent Enforcement of International Agreements, John Arnold

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Institutional Conditions of Contemporary Legal Thought, Paulo D. Barrozo

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Twenty Years After ProCD (Panel 2), Ann Bartow, David S. Olson, and Michael J. Meurer

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The Sermon on the Mountain of Cash: How to Curtail the Prosperity Scheme and Prevent Opportunists from “Preying” on Vulnerable Parishioners, Jacob M. Bass

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Criminal Justice Reform Conference Panel One, Sharon Beckman, Ira Gant, Cynthia Garza, Mark D. Martin, David Meier, and R. Michael Cassidy

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Inverse Condemnation and Fracking Disasters: Government Liability for the Environmental Consequences of Hydraulic Fracturing Under a Constitutional Takings Theory, Joseph Belza

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Cleaning Up the Standards of the Mental Hygiene Law: State v. Dennis K. and Civil Commitment, Maria Benvenuto

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Reefer Madness: How Non-Legalizing States Can Revamp Dram Shop Laws to Protect Themselves from Marijuana Spillover from Their Legalizing Neighbors, Jessica Berch