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FLASH: The Fordham Law Archive of Scholarship and History
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    Content Posted in 2015

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    323 Non-Managing Underwriters’ Role In Securities Offerings: Just Eye Candy?, Elena Marty-Nelson

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    A Battle of the Amendments: Why Ending Discrimination in the Courtroom May Inhibit a Criminal Defendant’s Right to an Impartial Jury, Gina M. Chiappetta

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    A Busted Flush: Regulation of Online Gambling in the European Union, Katherine A. Lovejoy

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    Access Denied: How Social Media Accounts Fall Outside the Scope of Intellectual Property Law and into the Realm of the Computer Fraud and Abuse Act, Tiffany Miao

     

    A Comparative Examination if Private Equity in the United States and Europe: Accounting for the Past and Predicting the Future of European Private Equity, Alexandros Seretakis

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    A Comparative Examination of Private Equity in the United States and Europe: Accounting for the Past and Predicting the Future of European Private Equity, Alexandros Seretakis

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    Actual Innocence in New York: The Curious Case of People v. Hamilton, Benjamin E. Rosenberg

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    "A Distinction Without a Difference"?: Bartlett Going Forward, Steven A. Schwartz

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    A Framework for Patent Exhaustion from Foreign Sales, Jay A. Erstling and Frederik W. Struve

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    A Great Invisible Crashing: The Rise and Fall of Patent Eligibility Through Mayo v. Prometheus, Scott Pierce

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    Albert Holland v. State of Florida, Lawrence Fox and Susan Reece

     

    A Legal Analysis Of The Euro Zone Crisis, Dr. Christian Hofmann

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    A Legal Analysis Of The Euro Zone Crisis, Dr. Christian Hofmann

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    A Little Birdie Said: How Twitter is Disrupting Shareholder Activism, Seth C. Oranburg

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    Alternative Courts and Drug Treatment: Finding a Rehabilitative Solution for Addicts in a Retributive System, Molly K. Webster

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    America’s Bad Bet: How The Unlawful Internet Gambling Enforcement Act Of 2006 Will Hurt The House, PeterPaul Shaker J.D.

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    Amicus Brief in Terrance Williams v Pennsylvania, Lawrence J. Fox

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    An Altered Derivatives Marketplace: Clearing Swaps Under Dodd-Frank, Eduard H. Cadmus

     

    A Nation of One? Community Standards in the Internet Era, Noah Hertz-Bunzl

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    A Nation of One? Community Standards in the Internet Era, Noah Hertz-Bunzl

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    A New Model of Corporate Social Responsibility in the 21st Century, John D. Feerick

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    An International Legal Framework for SE4All: Human Rights and Sustainable Development Law Imperatives, Thoko Kaime and Robert L. Glicksman

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    Another Role For Securities Regulation: Expanding Investor Opportunity, Jasmin Sethi

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    Answering To A Higher Authority: Sovereign-Mandated Oversight In The Board Room And The C-Suite, Thomas F. O’Neil III and Brendan T. Kennedy

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    Application of the Concept of Project Finance in Iraq- A Comparative and Analytical Study, Faris K. Nesheiwat

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    Appropriation and Transformation, Darren Hudson Hick

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    Architects of Justice: The Prosecutor’s Role and Resolving Whether Inadmissible Evidence Is Material Under the Brady Rule, Blaise Niosi

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    A Real Separation of Powers or Separation of Law: Can an Article I Administrative Agency Nullify an Article III Federal Court Judgment?, Shashank Upadhye and Adam Sussman

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    Are Damages Different? Bivens and National Security, Andrew Kent

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    Are the Feds Forcing Fannie and Freddie Into Early Retirement?, Kevin M. Coleman

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    A Road to Unification: Patent Litigation in the United Kingdom 1990-2012, Justin Watts and Tom Alkin

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    Asserting Patents to Combat Infringement via 3D Printing: It’s No “Use”, Daniel Harris Brean

     

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

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

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    A Taxonomy of Borrowing, Jacqueline D. Lipton Ph.D.

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    A Twenty-Year Retrospective on United States Trademark Law in Ten Cases, Marshall Leaffer

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    Autopsy Reports and the Confrontation Clause: A Presumption of Admissibility, Daniel Capra and Joseph Tartakovsky

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    Backdoor Bailout Disclosure: Must The Federal Reserve Disclose The Identities Of Its Borrowers Under The Freedom Of Information Act?, Alexander Sellinger

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    Back to Basics: Using Existing Tax Collection Practices to Increase Use Tax Compliance, Brittany M. Taylor

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    Bailment Ailment: An Analysis of the Legal Status Of Ordinary Demand Deposits in the Shadow of the Financial Crisis of 2008, Timothy C. Harker

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    Bankruptcy’s Protection For Non-Debtors From Securities Fraud Litigation, John M. M. Wunderlich

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    Ban the Box: A Call to the Federal Government to Recognize a New Form of Employment Discrimination, Christina O'Connell

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    Bearing Down on Trademark Bullies, Irina D. Manta

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    Bearing the Burden of Contraception: Why For-Profit Businesses Must Comply with the "Contraceptive Mandate", Rochelle Swartz

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    Behind Enemy Phone Lines: Insider Trading, Parallel Enforcement, and Sharing the Fruits of Wiretaps, Alexandra N. Mogul

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    Below Investment Grade and Above the Law: A Past, Present and Future Look at the Accountability of Credit Rating Agencies, Marilyn Blumberg Cane, Adam Shamir, and Tomas Jodar

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    Beyond Self-Judgment: Exceptions Clauses in US Bits, Catherine

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    Bicultural Experience in the Legal Profession: A Developmental Network Approach, Jonathan Ashong-Lamptey

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    Biglaw Identity Capital: Pink and Blue, Black and White, Eli Wald

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    Billions of Tax Dollars Spent Inflating the Housing Bubble: How and Why the Mortgage Interest Deduction Failed, Rebecca N. Morrow

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    Biometric Boom: How the Private Sector Commodifies Human Characteristics, Elizabeth M. Walker

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    Blowing in the Wind: How a Two-Tiered National Renewable Portfolio Standard, A System Benefits Fund, and Other Programs Will Reshape American Energy Investment and Reduce Fossil Fuel Externalities, Corey Stephen Shoock J.D.

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    Blue Skies for America in the Securities Industry… Except for New York: New York's Martin Act and the Private Right of Action, Adam J. Gana and Michael Villacres

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    Boarded In: Counteracting the Consequences of Board Insularity By Legitimizing Director Elections, Devan Grossblatt

     

    Breaking Through the "Tower of Babel": A “Right to be Forgotten" and How Trans-Systemic Thinking Can Help Re-Conceptualize Privacy Harm in the Age of Analytics, Karen Eltis

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    Breaking Through the "Tower of Babel": A “Right to be Forgotten" and How Trans-Systemic Thinking Can Help Re-Conceptualize Privacy Harm in the Age of Analytics, Karen Eltis

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    Breaking Up Payday: Anti-Agglomeration Zoning & Consumer Welfare, Sheila R. Foster

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    Bringing in a New Scale: Proposing a Global Metric of Internet Censorship, Philip Chwee

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    Broadening the Estate by Avoiding Specificity of Retained Claims- § 1123(b)(3)(B), Blair Barton

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    Broker-Dealer: A Fiduciary By Any Other Name?, William Alan Nelson II

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    Burdensome Secrets: A Comparative Approach to Improving China’s Trade Secret Protections, Eric D. Engelman

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    Burning Down the House or Simply Rolling the Dice: A Comment on Section 621 of the Dodd-Frank Act and Recommendation for Its Implementation, Joshua R. Rosenthal

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    Busy Doing Nothing: An Exploration of the Disconnect Between Gender Equity Issues Faced by Large Law Firms in the United Kingdom and the Diversity Management Initiatives Devised to Address Them, Savita Kumra

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    Bylaw Governance, Ben Walther

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    Can Banks Be Liable for Aiding and Abetting Terrorism?: A Closer Look into the Split on Secondary Liability Under the Antiterrorism Act, Alison Bitterly

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    Caultron of Unwisdom: The Legislative Offensive on Insidious Foreign Influence in the Third Term of President Vladimir V. Putin, and ICCPR Recourse for Affect Civil Advocates, Thomas M. Callahan

     

    Celebrity Endorsements in Non-Traditional Advertising: How the FTC Regulations Fail to Keep Up with the Kardashians, Leah W. Feinman

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    Celebrity Endorsements in Non-Traditional Advertising: How the FTC Regulations Fail to Keep Up with the Kardashians, Leah W. Feinman

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    Centennial Dedication: A Brief History of the Fordham Law Review, Editors

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    Centennial Dedication: A Brief History of the Fordham Law Review, Editors

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    Centennial Dedication: A Brief History of the Fordham Law Review, The Editors

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    Centennial Dedication: A Brief History of the Fordham Law Review, The Editors

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    Chapter 11 Asset Sales: Will There Be A Chilling Effect on Section 363(K) Credit Bidding After In Re Fisker Automotive Holdings LLC?, Riley Orloff

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    Chapter 11 Duration, Preplanned Cases, and Refiling Rates: An Empirical Analysis in the Post-BAPCPA Era, Foteini Teloni

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    China-Africa Investment Treaties: Old Rules, New Challenges, Won Kidane and Weidong Zhu

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    Civil Society Contributions to Inclusive Climate Cooperation, Elizabeth Burleson

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    Clear But Unconvincing: The Federal Circuit's Invalidity Standard, David O. Taylor

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    Clearinghouses as Liquidity Partitioning, Richard Squire

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    Collective Criminality and Individual Responsibility: The Constraints of Interpretation, Pamela J. Stephens

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    Combating Anticompetitive Interlocks: Section 8 of the Clayton Act as a Template for Small and Emerging Economies, Michael E. Jacobs

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    Combatting Economic Sanctions: Investment Disputes in Times of Political Hostility, a Case Study of Iran, Farshad Ghodoosi

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    Commentary, Critical Legal Theory in Intellectual Property and Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal and Peter Goodrich

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    Committing to Doing Good and Doing Well: Fiduciary Duty in Benefit Corporations, Brett H. McDonnell

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    Community Lawyering: Theory and Practice, Derek Denckla and Matthew Diller

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    Commuting Life Without Parole Sentences: The Need for Reason and Justice over Politics, Jing Cao

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    Comparative Advertising in Argentine Law, Pablo Palazzi

     

    Continuity and Change in Delaware Corporate Law Jurisprudence, Myron T. Steele

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    Controlling the Arms Trade: One Important Stride for Humankind, Barry Kellman

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    Controversial Orthodoxy: The Efficient Capital Markets Hypothesis And Loss Causation, Michael A. Kitson

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    Copyright 1992-2012: The Most Significant Development?, Jane C. Ginsburg

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    Copyright Cowboys: Bringing Online Television to the Digital Frontier, Daniela Cassorla

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    Copyright Enforcement in the Cloud, Marc Aaron Melzer

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    Copyright in Europe: Twenty Years Ago, Today and What the Future Holds, P. Bernt Hugenholtz

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    Corporate Energy Responsibility: International and Domestic Perspectives on Supply and Demand in the New Millenium, Steven Ferrey

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    Corporate Responsibility and Climate Justice: A Proposal for a Polluter-Financed Relocation Fund for Federally Recognized Tribes Imperiled by Climate Change, Randall S. Abate

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    Corporations Are People Too: A Multi-Dimensional Approach to the Corporate Personhood Puzzle, Susanna K. Ripken

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    Corrupt and Unequal, Both, Lawrence Lessig

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    Count Your Lucky Stars: Why Consumers May Be Thankful for Monopolistic Behavior in the Rating and Review Industry, Jessica Friedrich

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    Cracking the One-Way Mirror: How Computational Politics Harms Voter Privacy, and Proposed Regulatory Solutions, Kwame N. Akosah

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    Creatively Financed Legal Education In A Marketized Environment: How Faculty Leveraged Buyouts Can Maximize Law Schools’ Stakeholder Values, David Groshoff

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    Credit Card Fraud: A New Perspective On Tackling An Intransigent Problem, Lydia Segal, Benjamin Ngugi, and Jafar Mana

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    Criminal Corruption: Why Broad Definitions of Bribery Make Things Worse, Albert W. Alschuler

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    Critical Race Science and Critical Race Philosophy of Science, Paul Gowder

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    Cross-Border Corruption Enforcement: A Case for Measured Coordination Among Multiple Enforcement Authorities, Jay Holtmeier

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    Data Gathering and Analysis: The Anatomy of a Merger Investigation in Europe, Gerwin Van Gerven and Melissa Gotlieb

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    Deconstructing Corporate Governance: Director Primacy Without Principle?, René Reich-Graefe

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    Deconstructing the WTO Conformity Obligation: A Theory of Compliance as a Process, Julien Chaisse

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    Defending Skin-in-The-Game: How Regulators Should Structure the Final Credit Risk Retention Rules for The Residential Mortgage Market, Vishal M. Mahadkar

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    Demanding Substance Or Form? The SEC's Plain English Handbook As A Basis For Securities Violations, J. Scott Colesanti

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    Design Law in the United States as Compared to the European Community Design System: What Do We Need to Fix?, Tiffany Mahmood

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    Despite Initial Fears To The Contrary, It Appears That Sarbanes-Oxley Gave Private Litigants A “Dull Sword” When It Comes To Piercing The Corporate Veil, Glen M. Vogel Esq.

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    Dictionaries 2.0: Exploring the Gap Between the Supreme Court and Courts of Appeals, James J. Brudney and Lawrence Baum

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    Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of Intentions Have Failed to Create Diverse Partnerships, Russell G. Pearce, Eli Wald, and Swethaa S. Ballakrishnen

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    Disruption and Deference, Olivier Sylvain

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    Disruptive Technology and Securities Regulation, Chris Brummer

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    Diversifying Clearinghouse Ownership In Order To Safeguard Free And Open Access To The Derivatives Clearing Market, Michael Greenberger

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    Diversity in the Legal Profession: Perspectives from Managing Partners and General Counsel, Deborah L. Rhode and Lucy Buford Ricca

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    Do Abstract Ideas Have the Need, the Need for Speed?: An Examination of Abstract Ideas After Alice, Maria R. Sinatra

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    Dodd-Frank's Impact on SEC Enforcement Actions in Light of Janus Capital Group Inc. v. First Derivative Traders, Alexander Marton

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    Does Cariou v. Prince Represent the Apogee or Burn-Out of Transformativeness in Fair Use Jurisprudence? A Plea for a Neo-Traditional Approach, Kim J. Landsman

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    Does Law Matter to Financial Capitalism? The Case of Japanese Entrepreneurs, Zenichi Shishido

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    Don't Give Up on Taxes, Linda Sugin

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    (Don't) Take Another Little Piece of My Immunity, Baby: The Application of Agency Principles to Claims of Foreign Sovereign Immunity, Daniel P. Roy III

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    Dragon's House of Cards: Perils of Investing in Variable Interest Entities Domiciled in the People's Republic of China and Listed in the United States, Serena Y. Shi

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    E-Incitement: A Framework for Regulating the Incitement of Criminal Flash Mobs, Hannah Steinblatt

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    Ending Female Genital Mutilation & Child Marriage in Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, and Marc Werner

     

    Ending Too Big To Fail, Sheila C. Bair

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    Enforcing Immigration Equity, Jason A. Cade

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    Enforcing International Insurers’ Expectations: Can States Unilaterally Quash Commercial Arbitration Agreements Under The McCarran-Ferguson Act?, Mary Pennisi

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    (En)gendering Suffering: Denial of Abortion as a Form of Cruel, Inhuman, or Degrading Treatment, Alyson Zureick

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    Environmental Justice Reimagined Through Human Security and Post-Modern Ecological Feminism: A Neglected Perspective on Climate Change, Linda A. Malone

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    Eric M. Berman, P.C. v. City of New York, Carolyn Coffey, Theodora Galacatos, and Susan Shin

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    Eric M. Berman, P.C. v. DBA Asset Holding Corp., Carolyn Coffey, Theodora Galacatos, and Claudia Wilner

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    EU External Relations: Exclusive Competence Revisited, Allan Rosas

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    EU Fundamental Rights and Member State Action After Lisbon: Putting the ECJ's Case Law in its Context, Bernhard Schima

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    "Europe Isn't Working in Europe": Reform and Modernisation of the European Welfare State in the Wake of the Economic Crisis, Erika Szyszczak

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    Evolution or Mutation?: The Elimination of High Mark Similarity Standards in Federal Dilution Law, Matthew A. Karmel

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    Faculty Insights on Educational Diversity, Meera E. Deo

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    Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance, Olivier Sylvain

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    Fair Trade: The President’s Power to Recover Captured U.S. Servicemembers and the Recent Prisoner Exchange with the Taliban, Celidon Pitt

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    Faith and Martyrdom: The Tragedy of Aaron Swartz, Austin C. Murnane

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    Faithful Agency Versus Ordinary Meaning Advocacy, James J. Brudney

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    Fame, Property & Identity: The Purpose and Scope of the Right of Publicity, Daniel Gervais and Martin L. Holmes

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    FDA Puffery: Smoking Out the Constitutionality of Graphic Cigarette Warning Labels, Israel Klein

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    Fear and Loathing in Trademark Enforcement, Jeremy N. Sheff

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    Felonious, Erroneous, It’s All Odious: A Story of Debt Gone Wrong, Virginia M. Brown

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    FERC Does Not Have Anti-Manipulation Authority in Financial Markets, Antony E. Ghee

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    Fiduciary Principles and the Jury, Ethan J. Leib, Michael Serota, and David L. Ponet

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    Fighting Corruption in America and Abroad, Jed Handelsman Shugerman

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    Filling the Gaps in Canada's Climate Change Strategy: "All Litigation, All the Time…"?, Cameron Jefferies

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    Financial Engineering Meets Legal Alchemy: Decoding the Mystery of Credit Default Swaps, Oskari Juurikkala

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    Financial Retrenchment and Institutional Entrenchment: Will Legal Education Respond, Explode, or Just Wait It Out?, Ian Weinstein

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    Finding a Home for Orphans: Google Book Search and Orphan Works Law in the United States and Europe, Katharina de la Durantaye

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    Firearms Policy and the Black Community: An Assessment of the Modern Orthodoxy, Nicholas J. Johnson

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    "First Food" Justice: Racial Disparities in Infant Feeding As Food Oppression, Andrea Freeman

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    Foreword: Critical Race Theory and Empirical Methods Conference, Kimani Paul-Emile

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    Foreword: Diversity in the Legal Profession: A Comparative Perspective, Deborah L. Rhode

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    Forty Years of European Integration: Steps Forward and Some Missed Opportunities, Giorgio Maganza

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    For Whom the Statute Tolls: American Pipe Tolling and Statutes of Repose in Securities Fraud Class Actions, Catalina Ford

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    Fourth Amendment Fiduciaries, Kiel Brennan-Marquez

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    Freud on the Court: Re-interpreting Sexting & Child Pornography Laws, Matthew H. Birkhold

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    From Chiarella To Cuban: The Continuing Evolution Of The Law Of Insider Trading, Anthony Michael Sabino and Michael A. Sabino

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    From Microsoft to Google: Intellectual Property, High Technology, and the Reorientation of U.S. Competition Policy and Practice, William E. Kovacic

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    From Rags to Riches: Croatia and Albania's EU Accession Process through the Copenhagen Criteria and Conditionality, Genta Stafaj

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    From Railroads to Sand Dunes: An Examination of the Offsetting Doctrine in Partial Takings, Louis M. Russo

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    Full of Hot Air? Evaluating the Airgas Court’s Reservations About Shareholders’ Short-Term and Long-Term Interests in Takeovers, Thomas E. Holber

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    Funding Era Free Speech Theory: Applying Traditional Speech Protection to the Regulation of Anonymous Cyberspace, Katherine McCabe

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    Getting Caught Between the Borders: The Proposed Exemption of the Canadian Mutual Fund from the Passive Foreign Investment Company Rules, Stephanie Ray

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    Going Public: Diversity Disclosures by Large U.K. Law Firms, Steven Vaughan

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    Google and Search-Engine Market Power, Mark R. Patterson

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    Government Endorsement: A Reply to Nelson Tebbe's Government Nonendorsement, Abner S. Greene

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    Graduated Response American Style: “Six Strikes” Measured Against Five Norms, Annemarie Bridy

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    Hacking the Planet, the Dalai Lama, and You: Managing Technical Vulnerabilities in the Internet Through Polycentric Governance, Amanda Craig and Scott Shackelford

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    Hacking Trademark Law for Collaborative Communities, Yana Welinder and Stephen LaPorte

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    Hail Marriage and Farewell, Ethan J. Leib

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    Harry F. Connick v. John Thompson, Anthony Barkow and Martin Siegel

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    Hedge Fund Fraud and the Public Good, Lydie N.C. Pierre-Louis

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    HIM’s Role in European Trademark Harmonization: Past, Present and Future, Paul Maier

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    Hindsight Bias in Patent Law: Comparing the USPTO and the EPO, Zachary Quinlan

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    Historians and the New Originalism: Contextualism, Historicism, and Constitutional Meaning, Martin S. Flaherty

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    Historicism and Holism: Failures of Originalist Translation, Jonathan Gienapp

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    History, Governmental Structure, and Politics: Defining the Scope of Local Board of Health Power, Pekham Pal

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    Hogging the Hedge? "Bulldog's" 13F Theory May Not Be So Lucky, Edward Pekarek L.L.M., J.D.

     

    HOLA Preemption and the Original Intent of Congress: Are Federal Thrifts Necessary to Stabilize the Housing Market?, Carliss N. Chatman

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    HOLA Preemption and the Original Intent of Congress: Are Federal Thrifts Necessary to Stabilize the Housing Market?, Carliss N. Chatman

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    How Can the Problem of the Liability of a Parent Company for Price Fixing by a Wholly-owned Subsidiary Be Resolved?, John Temple Lang

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    How Diversity Can Redeem the McDonnell Douglas Standard: Mounting an Effective Title VII Defense of the Commitment to Diversity in the Legal Profession, Stacy Hawkins

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    How Domestic Courts Use International Law, Wayne Sandholtz

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    How Italian Colors Guts Private Antitrust Enforcement by Replacing it with Ineffective Forms of Arbitration, Einer Elhauge

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    How Taiwan's Constitutional Court Reined in Police Power: Lessons for the People's Republic of China, Margaret K. Lewis and Jerome A. Cohen

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    Huddle Up: Using Mediation to Help Settle the National Football League Labor Dispute, Jeremy Corapi

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    Hybrid Entities: Distributing Profits With A Purpose, Heather Sertial

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    "I Do for My Kids": Negotiating Race and Racial Inequality in Family Court, Tonya L. Brito, David J. Pate Jr., and Jia-Hui Stefanie Wong

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    I Do Not Endorse This Message! Does A Political Campaign’s Unauthorized Use of a Song Infringe On The Rights of the Musical Performer?, Kimberlianne Podlas

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    “I Have a [Fair Use] Dream”: Historic Copyrighted Works and the Recognition of Meaningful Rights for the Public, Arlen W. Langvardt

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    Importing Energy, Exporting Regulation, James W. Coleman

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    Independent Fund Administrators As A Solution for Hedge Fund Fraud, Kent Oz

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    Informational Failures In Structured Finance And Dodd-Frank’s “Improvements To The Regulation Of Credit Rating Agencies”, Steven McNamara

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    In Memoriam of Hon. Joseph M. McLaughlin, Editors

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    In Memoriam of Hon. Joseph M. McLaughlin, John D. Feerick

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    In Memoriam of Hon. Joseph M. McLaughlin, Constantine Katsoris

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    In Memoriam of Hon. Joseph M. McLaughlin, Cathy Seibel

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    In Memoriam of Hon. Joseph M. McLaughlin, Matthew T. McLaughlin

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    International Copyright: An Unorthodox Analysis, Hugh C. Hansen

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    Internet Immunity: The Limits of Contributory Trademark Infringement Against Online Service Providers, Rebecca Dunlevy

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    Into a Silver Age: U.S. Patent Law 1992-2012, John R. Thomas

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    Introduction: A Look at Twenty Years of IP Protection and What the Future Holds, Hugh C. Hansen

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    Introduction: Symposium on EU Law Developments in Honor of Professor Pieter Jan Kujiper, Roger J. Goebel

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    Inversion Subversion: Corporate Inversions and the New Federal Laws Against Them, Douglas Chiu

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    Investing in Human Rights: Using Bilateral Investment Treaties To Hold Multinational Corporations Liable for Labor Rights Violations, Sharon Hang

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    Involuntary Return and the “Found In” Clause of 8 U.S.C. § 1326(a): An Immigration Conundrum, Matthew J. Geyer

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    Is Claims Trading a Risk or an Art?: The Evolution of the Claims Trading Markets Since KB Toys and Enron, Priya Ghodasara

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    Is Green a Part of the Rainbow? Sharia, Homosexuality and LGBT Rights in the Muslim World, Javaid Rehman and Eleni Polymenopoulou

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    I Spy with My Not So Little Eye: A Comparison of Surveillance Law in the United States and New Zealand, Valerie Redmond

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    Issues and Best Practices in Connection with Educational Resources and Other Materials in the “Cloud”, Michael Landau and Donna K. Lewis

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    Is There a Patent Troll Problem in the U.K.?, Christian Helmers, Brian J. Love, and Luke McDonagh

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    It's Time for a Good Hard Look in the Mirror: The Corporate Law Example, John A. Barrett, Jr.

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    JOBS Act: The Terrible Twos- General Solicitation & Crowdfunding, The Next Frontier of Securities Regulation, Troy A. Paredes, Congressman Patrick McHenry, Mitch Ackles, Andrew Donahue, Robert Grohowski, James Jalil, Douglas S. Ellenoff, Alon Hillel-Tuch, and Joanne C. Rutkowski

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    Judges and Systematic Risk in the Financial Markets, Jeffrey Golden

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    Judgment Unenforceability in China, Jason Hsu

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    Judicial Interpretation of State Ethics Rules Under the McDade Amendment: Do Federal or State Courts Get the Last Word?, Hopi Costello

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    Jurisdictional Challenges in the United States Government’s Move to Cloud Computing Technology, Sasha Segall

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    Justice Among the Ashes: How Government Compensation Facilities Can Bring Justice to Disaster Victims, Lindy Rouillard-Labbé

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    Justifying War and the Limits of Humanitarianism, Mohamed S. Helal

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    Keeping the Status Quo: Why Continuing to Recognize the Presumption of Irreparable Harm in False Comparative Advertising Protects the Market, Max Dillan

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    Keynote Address, Preet Bharara

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    Kimberly Hurrell-Harring v. The State of New York, Susan Walsh

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    Labor and Comparative Corporate Governance in Times of Pension Capitalism. Independent Directors, Shareholder Empowerment and Long-Termism: the Transatlantic Perspective, Dr. Markus Roth

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    League Ownership of Teams, Conflicts of Interest, and Personnel Exchanges, Lewis Kurlantzick and B.J. Pivonka

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    Legal Professional De(Re)Regulation, Equality, and Inclusion, and the Contested Space of Professionalism Within the Legal Market in England and Wales, Lisa Webley

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    Lessons For Competition Law From The Economic Crisis: The Prospect For Antitrust Responses To The “Too-Big-To-Fail” Phenomenon, Jesse W. W. Markham, Jr.

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    Lessons From General Growth Properties: The Future Of The Special Purpose Entity, Samantha J. Rothman

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    Lessons from the Flash Crash for the Regulation of High-Frequency Traders, Edgar Ortega Barrales

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    Let's Talk About Tax: Fixing Bank Incentives to Sabotage Stability, Hilary Allen

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    LIBOR: The Clearinghouse and Exchange Based Solutions, Allen Kohn

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    Longstanding Agency Interpretations, Anita S. Krishnakumar

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    Lost in Translation: Till v. SCS Credit Corp. and the Mistaken Transfer of a Consumer Bankruptcy Repayment Formula to Chapter 11 Reorganizations, Mark J. Thompson and Katie M. McDonough

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    Love, Equality, and Corruption, Zephyr Teachout

     

    Make No Bonds About It: Exempting Foreign Government Obligations From The Volcker Rule, Matthew S. McElroy

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    Make No Bonds About It: Exempting Foreign Government Obligations From The Volcker Rule, Matthew S. McElroy

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    Making the Case for Antiestablishmentarianism: The Church and State in Norway, Julia L. Ernst

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    Market Structure of the Chinese Equity Markets, Chengxi Yao

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    Measuring Transnational Human Rights, Cortelyou C. Kenney

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    Memorandum: Hearsay Exception for Electronic Communications of Recent Perception, Daniel J. Capra

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    Models of Confusion: Strutting the Line Between Agent and Manger, Employee and Independent Contractor in the New York Modeling Industry, Ariel Sodomsky

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    Money Under Sunshine: An Empirical Study Of Trust Contracts Of Chinese Hedge Funds, Jing Li

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    Moral Rights and Supernatural Fiction: Authorial Dignity and the New Moral Rights Agendas, Jacqueline D. Lipton Ph.D.

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    The Essential Facilities Doctrine in Information Economies: Illustrating Why the Antitrust Duty to Deal is Still Necessary in the New Economy, Maxwell Meadows

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    The Eugene P. and Della S. Murphy Conference on Corporate Law, Jack B. Jacobs

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    The European Union and the United Nations Convention on the Law of the Sea, Esa Paasivirta

     

    The Eurozone Debt Crisis, Greece and the Fate of Nations: A Discussion with Lee C. Buchheit, Lee C. Bucheit

    PDF

    The Expungement of Customer Complaint CRD Information Following the Settlement of a FINRA Arbitration, Seth E. Lipner

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    The Fifteenth Annual A.A. Sommer, Jr. Lecture on Corporate, Securities & Financial Law at the Fordham Corporate Law Center, Sean Griffith, Ben A. Indek, and Commissioner Daniel M. Gallagher Jr.

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    The Foreign Corrupt Practices Act: Taking A Bite Out Of Bribery In International Business Transactions, Carl Pacini

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    The Fourteenth Annual A.A. Sommer, Jr. Lecture on Corporate, Securities, and Financial Law at the Fordham Corporate Law Center, Michael Martin Welcome, Ben A. Indek Introductory Remarks, and Chair Mary Jo White Lecturer

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    The Fourteenth Annual Albert A. DeStefano Lecture On Corporate, Securities & Financial Law At The Fordham Corporate Law Center, Sean Griffith and Myron T. Steele Chief Justice

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    The Future of Cybertravel: Legal Implications of the Evasion of Geolocation, Marketa Trimble

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    The Future of Emotional Harm, Betsy J. Grey

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    The Future of General Jurisdiction: The Effects of Daimler AG v. Bauman, Stephanie Denker

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    The Future of the Foreign Commerce Clause, Scott Sullivan

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    The Home-State Test for General Personal Jurisdiction, Howard M. Erichson

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    The Impact of Dodd-Frank on Derivatives, M. Holland West and Matthew K. Kerfoot

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    The Impact of Next Generation Television on Consumers and the First Amendment, Rob Frieden

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    The Importance Of FINRA’s Arbitrator Selection Process and Clarity in the “Evident Partiality” Standard in the Wake Of Morgan Keegan, Kirill Kan

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    The Incoherence and Functional Incompetence of International Law: Toward a New Paradigm of Human Relationship, Ibrahim J. Gassama

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    The Incompatibility of Droit de Suite with Common Law Theories of Copyright, Alexander Bussey

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    The Indecency of Indecency: How Technology Affects the Constitutionality of Content-Based Broadcast Regulation, Nick Gamse

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    The (Inter)natioanl Strategy: An Ivory Trade Ban in the United States and China, Morgan V. Manley

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    The Internationalization of Agency Actions, Jason Marisam

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    The Invocation of § 105 to Bar the Enforcement of Springing Guaranties Triggered by Bankruptcy-Related Events, Chanel Van Dyke

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    The Legal Challenges of Diversity (review essay), Tanya K. Hernandez

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    The Legal Environment For Foreign Private Equity Firms In China, Lawrence Zhan Zhang

     

    The Limits on the Use of Economics in Law, Ralph K. Winter

    PDF

    The Living-Dead, Rivka Weill

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    The LLC As Recombinant Entity: Revisiting Fundamental Questions Through The Llc Lens, Daniel S. Kleinberger

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    The Mobility Case for Regionalism, Nestor M. Davidson and Sheila R. Foster

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    The Modern Day Scarlet Letter, Ifeoma Ajunwa

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    The Multiplicity of Copyright Laws on the Internet, Marketa Trimble

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    The Myth of Generic Pharmaceutical Competition Under the Hatch-Waxman Act, Emily Michiko Morris

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    The Myth of the Double- Edged Sword: An Empirical Study of Neuroscience Evidence in Criminal Cases, Deborah W. Denno

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    The Need for Patent-Centric Standard of Antitrust Review to Evaluate Reverse Payment Settlements, Tania Khatibifar

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    The Need to Reform in Pharmaceutical Protection: The Inapplicability of the Patent System to the Pharmaceutical Industry and the Recommendation of a Shift Towards Regulatory Exclusivities, Amanda Fachler

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    The New Plague: False Claims Liability Based on Inequitable Conduct During Patent Prosecution, Gregory Michael, William J. Newsom, and Matthew Avery

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    The New Section 1202 Tax-Free Business Sale: Congress Rewards Small Businesses That Survived the Great Recession, Beckett G. Cantley

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    The Ninth Annual Albert A. DeStefano Lecture on Corporate, Securities & Financial Law, Constantine N. Katsoris, William M. Treanor Dean of Fordham University School of Law, Stuart M. Bernstein Chief Judge, and Paul Soden

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    Then, You Had It, Now It’s Gone: Interspousal or Community Property Transfer and Termination of an Illusory Ephemeral State Law Right or Interest in Copyright, Llewellyn Joseph Gibbons

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    The “Obtaining Or Retaining Business” Requirement: Breathing New Life into the Business Nexus Provision of the FCPA, Tiffany Lu

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    The Omnipresent Specter of Omnicare, Sean J. Griffith

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    The Paradoxical Bankruptcy Discharge: Rereading the Common Law- Civil Law Relationship, Giacomo Rojas Elqueta

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    The Parthenon Sculptures and Cultural Justice, Derek Fincham

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    The Past, Present, and Future of EU Enlargement, Frank Emmert and Siniša Petrović

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    The Pen and the Sword: Legal Justifications for the United States’ Engagement Against the Islamic State of Iraq and Syria (ISIS), Olivia Gonzalez

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    The Philip D. Reed Lecture Series: Judicial Records Forum, Panel Discussion

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    The Politics of Narrative: Law and the Representation of Mexican Criminality, Deborah Weissman

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    The Possible Advantages of Islamic Financial Jurisprudence: An Empirical Study of the Dow Jones Islamic Market Index, Russell Powell and Arthur DeLong

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    The Power of Dignity, Elizabeth B. Cooper

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    The Power to Decide on Takeovers: Directors or Shareholders, What Difference Does it Make?, Matteo Gatti

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    The Problem of Presidential Inability—Will Congress Ever Solve It?, John D. Feerick

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    The Problem of Settlement Class Actions, Howard M. Erichson

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    The Proper Standard of Review for Required Party Determinations Under Federal Rule of Civil Procedure 19, Brandon R. Coyle

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    The Prospector's Guide to the Galaxy, Austin C. Murnane

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    The Recursivity of Reform: China's Amended Labor Contract Law, Virginia Harper Ho and Huang Qiaoyan

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    The Regulation of Over-The-Counter Derivatives, Conrad P. Voldstad

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    The Relational Infrastructure of Law Firm Culture and Regulation: The Exaggerated Death of Big Law, Russell G. Pearce and Eli Wald

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    The Replicator and the First Amendment, Kyle Langvardt

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    The Right to Plea Bargain with Competent Counsel after Cooper and Frye: Is the Supreme Court Making the Ordinary Criminal Process Too Long, Too Expensive, and Unpredictable in Pursuit of Perfect Justice, Bruce A. Green

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    The Role of Stare Decisis at the U.S. International Trade Commission, Justin Hendrix, P. Andrew Riley, and Christine Lehman

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    The Role of the Judge in Non-Class Settlement, Howard M. Erichson

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    The Rule of Law in the Recent Jurisprudence of the ECJ, Thomas von Danwitz

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    The SEC Adds a New Weapon: How Does the New Admission Requirement Change the Landscape?, Paul Radvany

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    The “Social Magic” of Merit: Diversity, Equity, and Inclusion in the English and Welsh Legal Profession, Hilary Sommerlad

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    The Special Skills of Advocacy, Warren E. Burger

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    The Sum of Its Parts: The Lawyer-Client Relationship in Initial Public Offerings, Jeremy R. McClane

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    The Supreme Court and Patents: Moving Toward a Postmodern Vision “Progress”?, Simone A. Rose

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    The Tenth Annual Albert A. DeStefano Lecture On Corporate, Securities & Financial Law. Corporate Accountability: Governance And Compensation Issues, Stanley Sporkin, Todd Lang, Gary Naftalis, Jeffrey Sonnenfeld, and Louise Story

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    The Thirteenth Annual A.A. Sommer, Jr. Lecture on Corporate, Securities & Financial Law at the Fordham Corporate Law Center, Sean J. Griffith, Ben A. Indek, and Benjamin M. Lawsky Lecturer

    PDF

    The Thirteenth Annual Albert A. DeStefano Lecture on Corporate, Securities & Financial Law at the Fordham Corporate Law Center, Constantine N. Katsoris and The Honorable J. Travis Laster

     

    The Threat of Cybercrime and What the Justice Department is Doing About It, Lanny A. Breuer

    PDF

    The Three Lives of the Alien Tort Statute: The Evolving Role of the Judiciary in U.S. Foreign Relations, Thomas H. Lee

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    The Twelfth Annual Albert A. DeStefano Lecture on Corporate, Securities & Financial Law at the Fordham Corporate Law Center, James B. Steward and Constantine N. Katsoris

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    The Uncomfortable Truths and Double Standards of Bribery Enforcement, Mike Koehler

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    The Unjustified Subsidy: Sovereign Wealth Funds the Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan

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    The Withdrawal Clause of the Lisbon Treaty in the Light of EU Citizenship (Between Disintegration and Integration), Clemens M. Rieder

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    Three Major Risks Under the Foreign Corrupt Practices Act for U.S. Multinational Companies Doing Business in China, Daniel C. K. Chow

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    Three Steps Forward: Shared Regulatory Space, Deference, and the Role of the Court, Amanda Shami

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    Time for an Update: A New Framework for Evaluating Chapter 9 Bankruptcies, Michael J. Deitch

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    “To Assemble Together for Their Common Good”: History, Ethnography, and the Original Meanings of the Rights of Assembly and Speech, Saul Cornell

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    To Judge or Not to Judge: A Comparative Analysis of Islamic Jurisprudential Approaches to Female Judges in the Muslim World (Indonesia, Egypt and Iran), Engy Abdelkader

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    Tone Deaf to the Past: More Qualms About Public Meaning Originalism, Jack Rakove

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    Tortured Language: Lawful Permanent Residents and the 212(h) Waiver, Julianne Lee

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    Toward a Fair Use Standard Turns 25: How Salinger and Scientology Affected Transformative Use Today, Benjamin Moskowitz

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    Toward a Limited Right of Publicity: An Argument for the Convergence of the Right of Publicity, Unfair Competition and Trademark Law, Andrew Beckerman-Rodau

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    TPP and Trans-Pacific Perplexities, Peter K. Yu

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    Trademark Cosmopolitanism, Sonia K. Katyal

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    Trademark Law Harmonization in the European Union: Twenty Years Back and Forth, William Robinson, Giles Pratt, and Ruth Kelly

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    Trade Secret Fair Use, Deepa Varadarajan

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    Transactional Enforcement Discovery, Aaron D. Simowitz

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    Transfer Pricing Rules and State Aid, Richard Lyal

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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

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    Tweet Me Fairly: Finding Attribution Rights Through Fair Use in the Twittersphere, Adam S. Nelson

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    Twittergate: Rethinking the Casting Director Contract, Carter Anne McGowan

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    United States of America v. Anthony Davila, Bruce Green and Thomas Jones

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    Unreasonable Access: Disguised Issue Advocacy and the First Amendment Status of Broadcasters, Kerry L. Monroe

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    Up from Marriage: Freedom, Solitude, and Individual Autonomy in the Shadow of Marriage Equality, Catherine Powell

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    U.S. Global AIDS Funding and Its Discontents: Why the Supreme Court Must Strike Down the Anti-Prostitution Pledge, Chi Adanna Mgbako

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    Using Unsolicited Ratings To Regulate The Credit Rating Agencies, Sofya Abdurakhmanova

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    Voice Without Saw: Why More Capitalist Firms are Not (Genuinely) Participatory, Justin Schwartz

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    Voter Primacy, Sarah C. Haan

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    Walter Mickens, Jr. v. John B. Taylor, Warden, Lawrence Fox

    PDF

    Warming Up to Climate Change Risk Disclosure, Jeffrey M. McFarland

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    What is Constitutional Obligation?, Abner S. Greene

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    What’s HUD Got to Do With It?: How HUD’s Disparate Impact Rule May Save the Fair Housing Act’s Disparate Impact Standard, William F. Fuller

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    What We Disagree About When We Disagree About School Choice, Aaron J. Saiger

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    What We “Know” About Chapter 11 Cost Is Wrong, Stephen J. Lubben

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    When Contract Should Preempt Tort Remedies: Limits On Vicarious Liability For Acts Of Independent Contractors, Deanna N. Conn

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    When is Cross-Border Insolvency Recognition Manifestly Contrary to Public Policy, Michael A. Garza

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    When Is Fear for One's Life Race-Gendered? An Intersectional Analysis of the Bureau of Immigration Appeals's In re A-R-C-G- Decision, Ange-Marie Hancock

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    When Theory Met Practice: Distributional Analysis in Critical Criminal Law Theorizing, Aya Gruber

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    Where to, Mr. Warbucks?: A Comparative Analysis of the US and UK Investor Visa Programs, Stephanie Torkian

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    Whistleblower Protections under the Sarbanes-Oxley Act: A Primer and a Critique, Valerie Watnick

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    Who Could Possibly be Against a Treaty for the Blind?, Aaron Scheinwald

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    Who Owns the Scythian Gold? The Legal and Moral Implications of Ukraine and Crimea's Cultural Dispute, Maria Nudelman

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    Who Owns Your Body Art?: The Copyright and Constitutional Implications of Tattoos, Meredith Hatic

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    Why Does the FDIC Sue Bank Officers? Exploring the Boundaries of the Business Judgment Rule in the Wake of the Great Recession, Ryan Scarborough and Richard Olderman

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    Why Isn’t Congress More Corrupt?: A Preliminary Inquiry, Richard L. Hasen

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    Why the Supreme Court Should Give the Easy Answer to an Easy Question: A Response to Professors Childress, Neuborne, Sherry and Silberman, Howard M. Erichson

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    Wireless Localism: Beyond the Shroud of Objectivity in Federal Spectrum Administration, Olivier Sylvain

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    Workplace Discrimination As a Public Health Issue: The Necessity of Title VII Protections for Volunteers, Elizabeth R. Langton

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    Worry Wort: A Path to Acquiring Trademark Rights in the Craft Brewing Industry, Ross Appel

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    Worst Decision of the EU Court of Justice: The Alrosa Judgment in Context and the Future of Commitment Decisions, Frederic Jenny

    PDF

    “You Never Got Me Down, Delay”: Petrella v. Metro-Goldwyn-Mayer, Inc. and the Availability of Laches in Copyright Infringement Claims Brought Within the Statute of Limitations, Daniel Sheerin

 
 
 

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