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Works from 2013

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The Constitutionality of Campaign Finance Regulation: Should Differences in a State's Political History and Culture Matter?, William P. Marshall

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The Lautsi Decision and the American Establishment Clause Experience: A Response to Professor Weiler, William P. Marshall

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Potential Innocence: Making the Most of a Bleak Environment for Public Support of Indigent Defense, Robert P. Mosteller

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The Sixth Amendment Rights to Fairness: The Touchstones of Effectiveness and Pragmatism, Robert P. Mosteller

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Escaping the Malthusian Trap: Dynasty Trusts for Serious Dynasts, John V. Orth

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North Carolina Bids Goodbye (Again) to the Rule in Dumpor's Case, John V. Orth

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Then and Now in the Law of Property, John V. Orth

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The Release of Energy': Reflections on a Legal History Trope, John V. Orth

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Sexual Orientation-Based Violence in Hong Kong, Rebecca L. Stotzer and Holning S. Lau

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A People's History of Collective Action Clauses, W. Mark C. Weidemaier and Mitu Gulati

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Sovereign Debt after NML v. Argentina, W. M. C. Weidemaier

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Law, Social Movements, and the Political Economy of Domestic Violence, Deborah M. Weissman

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Trends in The Social [Ir]responsibility of American Multinational Corporations: Increased Power, Diminished Accountability, Cynthia A. Williams and John M. Conley

Works from 2012

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The Elusive "Marketplace" in Post-Bilski Jurisprudence, Andrew Chin

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The Ontological Function of the Patent Document, Andrew Chin

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Differential Privacy as a Response to the Reidentification Threat: The Facebook Advertiser Case Study, Andrew Chin and Anne Klinefelter

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The Family and the Market -- Redux, Maxine Eichner

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Social Media Amplify Consumer Investment in Trademarks, Deborah R. Gerhardt

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Constitutional Branding, Michael J. Gerhardt

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"Extraordinary Circumstances": The Legacy of the Gang of 14 and a Proposal for Judicial Nominations Reform, Michael J. Gerhardt and Richard Painter

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Crowdfunding or Fraudfunding - Social Networks and the Securities Laws - Why the Specially Tailored Exemption Must Be Conditioned on Meaningful Disclosure, Thomas Lee Hazen

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Duties of Nonprofit Corporate Directors - Emphasizing Oversight Responsibilities, Thomas Lee Hazen and Lisa Love Hazen

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Punctilios and Nonprofit Corporate Governance--A Comprehensive Look at Nonprofit Directors' Fiduciary Duties, Thomas Lee Hazen and Lisa Love Hazen

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Policing School Discipline, Catherine Y. Kim

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Kickbacks, Honest Services, and Health Care Fraud After Skilling, Joan H. Krause

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Skilling and the Pursuit of Healthcare Fraud, Joan H. Krause

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Would a Constitutional Amendment Protect and Promote Marriage in North Carolina? An Analysis of Data from 2000 to 2009, Holning S. Lau

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National Healthcare and American Constitutional Culture, William P. Marshall

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Confrontation in Children's Cases: The Dimensions of Limited Coverage, Robert P. Mosteller

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Responding to McCleskey and Batson: The North Carolina Racial Justice Act Confronts Racial Peremptory Challenges in Death Cases, Robert P. Mosteller

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Of Nazis, Americans, and Educating Against Catastrophe, Eric L. Muller

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Challenges to Terry for the Twenty-First Century, Richard E. Myers II

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Who Watches the Watchers in Public Corruption Cases?, Richard E. Myers II

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Citizens United and the Roberts Court's War on Democracy, Gene Nichol

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State Budget Challenges and the Scourge of Poverty, Gene Nichol

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Rankings, Economic Challenge, and the Future of Legal Education, Gene R. Nichol

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Charles Dickens and Sovereign Debt, John V. Orth

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State Debts & Federal Jurisdiction, John V. Orth

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Social Media, Public School, Teachers, and the First Amendment, Mary-Rose Papandrea

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Law School Learning Communities: A Community of Learners for the Benefit of All Learners, Oscar J. Salinas

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Responses to the Five Questions: Thoughts After a Decade, A. Mark Weisburd

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Feminism in the Global Political Economy: Contradiction and Consensus in Cuba, Deborah M. Weissman

Works from 2011

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The Rights and Liberties of the Palau Constitution, Kevin Bennardo

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Supergeneric Collateral Descriptions in Financing Statements and Notice Filing, Lissa Lamkin Broome

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The Dodd-Frank Act: Tarp Bailout Backlash and Too Big To Fail, Lissa Lamkin Broome

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Does Critical Mass Matter? Views from the Boardroom, Lissa Lamkin Broome, John M. Conley, and Kimberly D. Krawiec

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Dangerous Categories: Narratives of Corporate Board Diversity, Lissa L. Broome, John M. Conley, and Kimberly D. Krawiec

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Gene Probes as Unpatentable Printed Matter, Andrew Chin

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Law Library Budgets in Hard Times, Taylor Fitchett, James Hambleton, Penny Hazelton, Anne Klinefelter, and Judith Wright

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Copyright Publication: An Empirical Study, Deborah R. Gerhardt

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Elections Matter, Michael J. Gerhardt

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A State Law Approach to Preserving Fair Use in Academic Libraries, David Hansen

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Protection of Traditional Knowledge: Trade Barriers and the Public Domain, David Hansen

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Diversity on Corporate Boards: Limits of the Business Case and the Connection between Supporting Rationales and the Appropriate Response of the Law, Thomas Lee Hazen

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Stock Broker Fiduciary Duties and the Impact of the Dodd-Frank Act, Thomas Lee Hazen

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Board Diversity and Proxy Disclosure, Thomas Lee Hazen and Lissa Lamkin Broome

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Communication Breakdown: Reviving the Role of Discourse in the Regulation of Employee Collective Action, Jeffrey M. Hirsch

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Resiliency, Adaptation, and the Upsides of Ex Post Lawmaking, Donald T. Hornstein

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Dodd-Frank Regulatory Innovation, and the Safety of Consumer Financial Products, Melissa B. Jacoby

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The Legal Infrastructure of Ex Post Consumer Debtor Protections, Melissa B. Jacoby

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In or Out of Mortgage Trouble? A Study of Bankrupt Homeowners, Melissa B. Jacoby, Daniel T. McCue, and Eric M. Belsky

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Wait! That's Not What We Meant by Civil Society!: Questioning the NGO Orthodoxy in West Africa, Thomas A. Kelley III

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When to Research is to Reveal: The Growing Threat to Attorney and Client Confidentiality from Online Tracking, Anne Klinefelter

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Grounding Conversations on Sexuality and Asian Law, Holning S. Lau

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The Effects of Legally Recognizing Same-Sex Unions on Health and Well-Being, Holning S. Lau and Charles Q. Strohm

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Judicial Takings, Judicial Speech, and Doctrinal Acceptance of the Model of the Judge as Political Actor, William P. Marshall

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Progressive Constitutionalism, Originalism, and the Significance of Landmark Decisions in Evaluating Constitutional Theory, William P. Marshall

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Smith, Christian Legal Society, and Speech-Based Claims for Religious Exemptions from Neutral Laws of General Applicability, William P. Marshall

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Complex Times Don't Call for Complex Crimes, Richard E. Myers II

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Trumping Politics: The Roberts Court and "Judicial Review", Gene Nichol

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Wages, Work, Privilege, and Legal Education, Gene R. Nichol

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Plain Meaning in the Law of Property: A Socratic Dialogue, John V. Orth

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Towards an Understanding of Litigation as Expression: Lessons from Guantánamo, Kathryn A. Sabbeth

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Health Care Reform's Wild Card: The Uncertain Effectiveness of Comparative Effectiveness Research, Richard S. Saver

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The Case Against a Strict Liability Economic Substance Penalty, Kathleen DeLaney Thomas

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Leveling Localism and Racial Inequality Through the No Child Left Behind Public Choice Provision, Erika K. Wilson

Works from 2010

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Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act,, David S. Ardia

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Government Speech and Online Forums: First Amendment Limitations on Facilitating and Moderating Public Discourse on Government Websites,, David S. Ardia

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Reputation in a Networked World: Revisiting the Social Foundations of Defamation Law, David S. Ardia

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Daniel H. Pollitt: In Memoriam, John Charles Boger

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Eugene Gressman: In Memoriam, John Charles Boger

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Remembering Sally Burnett Sharp, Patricia L. Bryan

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Is the Filibuster Constitutional?, Josh Chafetz and Michael J. Gerhardt

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Enabling Responsible Public Genomics, John M. Conley, Adam K. Doerr, and Daniel B. Vorhaus

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Families, Human Dignity, and State Support for Caretaking: Why the United States' Failure to Ameliorate the Work-Family Conflict is a Dereliction of the Government's Basic Responsibilities, Maxine Eichner

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Race and Market Values in Domestic Infant Adoption, Barbara Fedders

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Losing Hold of the Guiding Hand: Ineffective Assistance of Counsel in Juvenile Delinquency Representation, Barbara A. Fedders

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The Future is Now: Legal and Policy Options for Racially Integrated Education, Erica Frankenberg, Leah C. Aden, and Charles E. Daye

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Consumer Investment in Trademarks, Deborah R. Gerhardt

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Fair Use and Fairness on Campus, Deborah Gerhardt and Madelyn Wessel

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Tribute to Lolly, Deborah Gerhardt and Madelyn Wessel

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Constitutional Construction and Departmentalism: A Case Study of the Demise of the Whig Presidency, Michael J. Gerhardt

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Defending the NLRB: Improving the Agency's Success in the Federal Courts of Appeals, Jeffrey M. Hirsch

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Revolution in Pragmatist Clothing: Nationalizing Workplace Law, Jeffrey M. Hirsch

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The Environmental Role of Agriculture in an Era of Carbon Caps, Donald Thomas Hornstein

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Credit for Motherhood, Melissa B. Jacoby

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Managing Medical Bills on the Brink of Bankruptcy, Melissa B. Jacoby and Mirya Holman

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Procedures for Public Law Remediation in School-to-Prison Pipeline Litigation: Lessons Learned from Antoine v. Winner School District, Catherine Y. Kim

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First Amendment Limits on Libraries’ Discretion to Manage Their Collections, Anne Klinefelter

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Library Standards for Privacy: A Model for the Digital World, Anne Klinefelter