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Faculty Articles and Other Publications

Submissions from 2025 2025

Transforming Constitutional Doctrine Through Mandatory Appeals from Three-Judge District Courts: The Warren and Burger Courts and Their Contemporary Lessons, Michael E. Solimine

Judicial Review of Settlements Under the Class Action Fairness Act and Deference Due to the Department of Justice and State Attorneys General, Michael E. Solimine and Hailey Martin

Submissions from 2024 2024

The SEC's (Ill-Fated) Stock Repurchase Transparency Reform: For Investor Protection, Lin (Lynn) Bai

No Peeking: Addressing Pretextual Inspection Demands by Competitor-Affiliated Shareholders, Lin (Lynn) Bai and Sean Meyer

Two Approaches to Economic Coercion, Jacob Katz Cogan

Race and Contracts, Emily Houh

Infanticide, Kristin (Brandser) Kalsem

Race and Bankruptcy, Kristin (Brandser) Kalsem

Party Patronage, Michael E. Solimine

Submissions from 2023 2023

Feminist Judgments: Rewritten Criminal Law Opinions, Kimberly D. Bailey

Trying to Fit in to Get in: Women Working in a Masculinities World, Kimberly D. Bailey

Shareholder Inspection Rights: From Credible Basis to Rational Belief, Lin (Lynn) Bai

Leveraging Professional Identity Formation in the Doctrinal Law School Class, Louis D. Bilionis

Clearing the Way to Renminbi Domination: CIPS, Antitrust, and Currency Competition, Felix B. Chang

Administration as Democratic Trustee Representation, Katharine Jackson

The Public Trust: Administrative Legitimacy and Democratic Lawmaking, Katharine Jackson

Did the Supreme Court in TransUnion v. Ramirez Transform the Article III Standing Injury in Fact Test?: The Circuit Split Over ADA Tester Standing and Broader Theoretical Considerations, Bradford Mank

Positionality, Intersectionality, Power Dynamics in Community Participatory Research to Define Public Safety in Black Communities, Janet Moore

Three-Judge District Courts, Direct Appeals, and Reforming the Supreme Court’s Shadow Docket, Michael E. Solimine

Submissions from 2022 2022

Shareholder Appraisal Rights: Delaware’s Flawed Market-Out Exception, Lin (Lynn) Bai and William A. Murphy

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Facebook, Welfare, and Natural Monopoly: A Quantitative Analysis of Antitrust Remedies, Felix B. Chang and Seth Benzell

Racially Collusive Boycotts: African American Purchasing Power in the Wigs and Hair Extensions Market, Felix B. Chang, Janelle Thompson, and Anisha Rakhra

Do Seven Members of Congress have Article III Standing to Sue the Executive Branch?: Why the D.C. Circuit’s Divided Decision in Maloney v. Murphy was Wrongly Decided in Light of Two Prior District Court Decisions and Historical Separation of Powers Jurisprudence, Bradford Mank

What Law Schools Must Change to Train Transactional Lawyers, Stephanie McMahon

Reclaiming Safety: Participatory Research, Community Perspectives, and Possibilities for Transformation, Janet Moore

Recognition and Enforcement of Foreign Judgments in American Courts and the Limits of the Law Market Model, Michael E. Solimine

Submissions from 2021 2021

Limited Liability Partnerships: An (Overlooked) Hole in the Shield, Lin (Lynn) Bai and Sarah Harden

Cities in the Shadows of International Institutional Law, Jacob Katz Cogan

International Organizations and Cities, Jacob Katz Cogan

Inmates May Work, But Don't Tell Social Security, Stephanie McMahon

The Taxpayer Bill of Rights and the Right to Be Informed: The Positive or Negative Way You Look at It, Stephanie McMahon

The Strange Career of the Three-Judge District Court: Federalism and Civil Rights, 1954-76, Michael E. Solimine

Submissions from 2020 2020

Confessions and Redemption—and Politics—For an Un-Neutral Person Who Mediates, Marjorie Corman Aaron

Reflections on Untethered Philosophy, Settlements, and Nondisclosure Agreements, Marjorie Corman Aaron

The Regulation of Equity Index Futures, Lin (Lynn) Bai

Ethnically Segmented Markets, Felix B. Chang

Mining the Harvard Caselaw Access Project, Felix B. Chang, Erin McCabe, and James Lee

A History of International Law in the Vernacular, Jacob Katz Cogan

Book Review, Jacob Katz Cogan

Classifying Tax Guidance According to End Users, Stephanie McMahon

U.S. Inbound Employment Tax Matters: Windfall Elimination Meets Totalization, Stephanie McMahon

Institutional Loyalty and the Design of Partisan Gerrymandering Adjudication in the Federal Courts, Michael E. Solimine

Submissions from 2019 2019

Conditionality and Constitutional Change, Felix B. Chang

International Organizations, Jacob Katz Cogan

The Hidden History of International Law in the Americas: Empire and Legal Networks, Jacob Katz Cogan

Judicial Education, Private Violence, and Community Action: A Case Study in Legal Participatory Action Research, Kristin (Brandser) Kalsem

Does the Evolving Concept of Due Process in Obergefell Justify Judicial Regulation of Greenhouse Gases and Climate Change?: Juliana v. United States, Bradford Mank

Reviving Escobedo, Janet Moore

Attorney-Client Communication in Public Defense: A Qualitative Examination, Janet Moore, Vicki L. Plano Clark, Lori A. Foote, and Jacinda K. Dariotis

Combating Stress & Promoting Wellness at UC's College of Law, Rachel J. Smith

The Renaissance of Permissive Interlocutory Appeals and the Demise of the Collateral Order Doctrine, Michael E. Solimine

Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino

Submissions from 2018 2018

Symbols, Systems, and Software as Intellectual Property: Time for Contu, Part II?, Timothy K. Armstrong

Law School Leadership and Leadership Development for Developing Lawyers, Louis D. Bilionis

Art. 44 Regional Integration Organizations, Jacob Katz Cogan

An Introduction: International Law in Practice, Jacob Katz Cogan, Katherine Claussen, and Tafadzwa Pasipanodya

Reclaiming the Intellectual, Emily Houh

State Standing in United States v. Texas: Opening the Floodgates to States Challenging the Federal Government or Proper Federalism?, Bradford Mank

Tax as Part of a Broken Budget: Good Taxes Are Good Cause Enough, Stephanie McMahon

Isonomy, Austerity, And The Right To Choose Counsel, Janet Moore

Privileging Public Defense Research, Janet Moore, Ellen Yaroshefsky, and Andrew L. Davies

Disbelief Doctrines, Sandra F. Sperino

Submissions from 2017 2017

Bringing Purposefulness to the American Law School’s Support of Professional Identity Formation, Louis D. Bilionis

Asymmetries in the Generation and Transmission of Wealth, Felix B. Chang

Twenty-Ninth Annual Corporate Law Center Symposium: Corporate Social Responsibility and the Modern Enterprise: Foreword, Felix B. Chang

To Reform the World: International Organizations and the Making of Modern States, Jacob Katz Cogan

Critical Issues and New Empirical Research in Public Defense: An Introduction, Andrew L.B. Davies and Janet Moore

Pre-Enforcement Litigation Needed for Taxing Procedures, Stephanie McMahon

Brief of the Ethics Bureau at Yale Law School et al. as Amici Curiae Supporting Petitioner, Office of the Public Defender v. Lakicevic, 215 So.3d 112 (2017) (No. 16- 1371)., Janet Moore

Brief of the National Association for Public Defense as Amici Curiae Supporting Petitioner, Byrd v. U.S. (U.S. June 12, 2017) (No. 16- 1371)., Janet Moore

Brief of the National Association for Public Defense as Amici Curiae Supporting Petitioner, Stein v. United States of America (U.S. September 15, 2017) (No. 17-250)., Janet Moore

Brief of the National Association for Public Defense, et al as Amici Curiae Supporting Petitioner, Christeson v. Roper (U.S. January 30, 2017) (No. 16-7730)., Janet Moore

Brief of the National Association of Criminal Defense Lawyers, et al as Amici Curiae Supporting Petitioner, McWilliams v. Dunn (U.S. March 6, 2017) (No. 16-5294)., Janet Moore

Motion for Leave to File Amicus Curiae Brief and Brief for the National Association for Public Defense and Kentucky Association of Criminal Defense Lawyers as Amici Curiae in Support of Petitioner, Sneed v. Burress (U.S. March 24, 2017) (No. 16-8047)., Janet Moore

Knowing Defense, Janet Moore and Andrew L.B. Davies

Introduction (Unequal: How America's Courts Undermine Discrimination Law), Sandra F. Sperino and Suja A. Thomas

A US Clean Energy Transition and the Trump Administration, Joseph P. Tomain

Gridlock, Lobbying, and Democracy, Joseph P. Tomain

The Twin Demons of the Trump-Bannon Assault on Democracy, Joseph P. Tomain

Standard 405 and Terms and Conditions of Employment: More Chaos, Conflict and Confusion Ahead, Joseph P. Tomain and Donald J. Polden

Crimmigration: The Missing Piece Of Criminal Justice Reform, Yolanda Vazquez

Submissions from 2016 2016

Two Comparative Perspectives on Copyright's Past and Future in the Digital Age, Timothy K. Armstrong

Professional Formation And The Political Economy of the American Law School, Louis D. Bilionis

Foreword: Twenty-Eighth Annual Corporate Law Symposium: Rethinking Compliance, Felix B. Chang

Second-Generation Monopolization: Parallel Exclusion in Derivatives Markets, Felix B. Chang

Certain Activities Carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua); Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) International Decisions, Jacob Katz Cogan

Financing and Budgets, Jacob Katz Cogan

The Two Codes on the Use of Force, Jacob Katz Cogan and Monica Hakimi

Article III Standing for Private Plaintiffs Challenging Greenhouse Gas Regulations, Bradford Mank

Data Breaches, Identity Theft and Article III Standing: Will the Supreme Court Resolve the Split in the Circuits, Bradford Mank

Does a House of Congress Have Standing Over Appropriations?: The House of Representatives Challenges the Affordable Care Act, Bradford Mank

The Supreme Court Acknowledges Congress’ Authority to Confer Informational Standing in Spokeo, Inc. v. Robins, Bradford Mank

The Perfect Process Is the Enemy of the Good Tax: Tax's Exceptional Regulatory Process, Stephanie McMahon

Brief of the National Association for Public Defense as Amici Curiae Supporting Petitioner, Bridgeman v. District Attorney for Suffolk District, 476 Mass. 298 (2016) (No. SJC-12157)., Janet Moore

Brief of the National Association for Public Defense as Amici Curiae Supporting Petitioner, Christensen v. United States of America (U.S. November 7, 2016) (No. 16-461)., Janet Moore

Brief of the Roderick & Solange Macarthur Justice Center, et al as Amici Curiae Supporting Petitioner, Christeson v. Roper (8th Cir. August 19, 2016) (No. 16- 02730)., Janet Moore

The Antidemocratic Sixth Amendment, Janet Moore

Discrimination Law: The New Franken-Tort, Sandra F. Sperino

Justice Kennedy's Big New Idea, Sandra F. Sperino