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The Most-Cited Legal Scholars Revisited
Fred R. Shapiro
Associate Library Director for Collections and Access, Yale Law School; Editor, Oxford Dictionary of American Legal Quotations; Editor, New Yale Book of Quotations.

I mention, only to help those trying to determine whether any biases underlie my comments about law schools, that I have a J.D. from Harvard Law School. The University of Chicago Law School offered me a very nice scholarship, but I foolishly declined it.
I owe tremendous debts to Yale Law School’s former Law Librarian and Professor of Law Teresa Miguel-Stearns and the Interim Law Library Director, Jason Eiseman, for their extraordinary encouragement and support. In preparing this study, I received excellent advice especially from Akhil Reed Amar and also from Anne Alstott, Lauren Edelman, Harold Hongju Koh, Jonathan Macey, Nicholas Parrillo, Judith Resnik, and Tom Tyler. None of them should be held responsible for any errors or misjudgments that I have made. I was extremely fortunate to have the benefit of the intelligence and productivity of an outstanding research assistant, Sophie Laing.

Citation analysis has been around for a long time in law. Indexes of cases cited by the cases printed in reporter volumes may be found as far back as 1743, when an English reporter, Raymond’s Reports, contained “A Table of the Names of the Cases” in which “The cases printed in Italic are cited cases.”

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v88.6
The Legal Causes of Labor Market Power in the U.S. Agriculture Sector
Candice Yandam Riviere
J.D. Candidate, The University of Chicago Law School; Ph.D. Candidate in economics, Pantheon-Sorbonne University.

Many thanks to Professor Joshua Macey and Professor Eric A. Posner for their guidance and feedback. Thanks to my fellow Law Review editors for their meticulous comments and rigorous edits.

Llacua is one of many shepherds who move to the United States for a few months each year with an H-2A visa to work on a ranch. The H-2A program allows U.S. employers to petition to hire foreign temporary agricultural workers, provided that the employers satisfy specific regulatory requirements.

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v88.6
The Scope of Evidentiary Review in Constitutional Challenges to Agency Action
Conley K. Hurst
B.A. 2017, Washington and Lee University; M.St. 2018, University of Oxford; J.D. Candidate 2022, The University of Chicago Law School.

Many thanks to Professors Ryan Doerfler and Jennifer Nou for their helpful feedback during the drafting process.

Presidents have increasingly turned to the administrative state to implement their political agendas.

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v88.6
In Search of Ordinary Meaning: What Can Be Learned from the Textualist Opinions of Bostock v. Clayton County?
Sam Capparelli
B.S. 2018, The George Washington University; J.D. Candidate 2022, The University of Chicago Law School.

Many thanks to Professor Brian Leiter, Samuel Kane, Crofton Kelly, Tony Leyh, Jennifer Chang, Tony Alessi, Kelly Gregg, George Colligan, and all of the editors of the University of Chicago Law Review for their comments and advice.

What is the meaning of the phrase “discriminate because of sex”? This was the key question the Supreme Court faced in Bostock v. Clayton County.

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v88.6
Federal Corporate Law and the Business of Banking
Lev Menand
Lecturer in Law and Academic Fellow, Columbia Law School.

We thank Dan Awrey, Lucian Bebchuk, Ryan Bubb, Jeff Gordon, David Grewal, Bob Hockett, Howell Jackson, Rob Jackson, Lina Khan, Joshua Macey, Gillian Metzger, Saule Omarova, Ganesh Sitaraman, Joe Sommer, Mike Townsley, Art Wilmarth, and the participants in the 22nd Annual Law & Business Conference at Vanderbilt Law School, the Wharton Financial Regulation Workshop, the Columbia Law School Blue Sky Workshop, and the 11th Labex ReFi-NYU-SAFE/LawFin Law & Banking/Finance Conference for their helpful comments and insights.

Morgan Ricks
Professor of Law and Enterprise Scholar, Vanderbilt University Law School.

It is a bedrock (though still controversial) principle of U.S. business law that corporate formation and governance are the province of state, not federal, law.

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v88.6
Asymmetric Subsidies and the Bail Crisis
John F. Duffy
Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law.
Richard M. Hynes
John Allan Love Professor of Law and Nicholas E. Chimicles Research Professor of Business Law and Regulation, University of Virginia School of Law.

We thank Josh Bowers, Kellen Funk, Sandra Mayson, John Monahan, Megan Stevenson, Stephen Ware and workshop participants at the University of Virginia and at the Scalia Law School of George Mason University for valuable comments. We thank Christian Fitzgerald, Ariel Hayes, Caitlyn Koch, Molly Mueller, and Louis Tiemann for valuable research assistance. We also thank Paul Prestia for responding to our inquiry on a factual matter. All errors remain our own.

The last several years have seen “a truly astounding” and “unprecedented” outpouring of scholarship and commentary decrying the large number of individuals held in pretrial detention, measuring the negative social consequences of such detention, and debating what to do about it.

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The Pigouvian Constitution
Peter N. Salib
Climenko Fellow and Lecturer on Law, Harvard Law School.

Thank you to William Baude, Omri Ben-Shahar, Joseph Blocher, Joshua Braver, Kiel Brennan-Marquez, Jacob Bronsther, Ryan Copus, Andrew Manuel Crespo, Gregory Elinson, Richard H. Fallon, Jr., Jacob E. Gersen, Daniel Hemel, Louis Kaplow, Guha Krishnamurthi, Jonathan S. Masur, Alexander Platt, Blaine G. Saito, Steven Shavell, Matthew C. Stephenson, Lior J. Strahilevitz, Susannah Barton Tobin, Laura Weinrib, Sarah Winsberg, Carleen Zubrzycki, and the participants in the Harvard Law and Economics Workshop for valuable comments and suggestions. Thanks also to Michael Hornzell for excellent research assistance. Finally, thanks to the editors of the University of Chicago Law Review for their hard work and insightful comments.

Gun deaths are on the rise in the United States, recently reaching levels not seen since the 1970s. Fake news is spreading like wildfire across social media, damaging reputations and confusing voters.

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v88.4
Removing Interpretative Barnacles: Counterclaims and Civil Forfeiture
Nicholas Hallock
B.A. 2017, Columbia University; J.D. Candidate 2022, The University of Chicago Law School

Thanks to Professor William Hubbard and Ramon Feldbrin for thoughtful feedback.

The Pueblo of Pojoaque is a Native American tribe in northern New Mexico. Its reservation has a population of 2,712, and, like many tribes, the Pueblo of Pojoaque operates multiple casinos and resorts.

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v88.4
Vindicating the Right to Be Heard: Due Process Safeguards Against Government Interference in the Clemency Process
Jay Clayton
B.A. 2016, Swarthmore College; J.D. Candidate 2022, The University of Chicago Law School

Many thanks to The University of Chicago Law Review editors and Professor John Rappaport for their help and advice.

In 2020, the U.S. federal government carried out ten exe-cutions, more than in any year since 1896. In a single week in January 2021, it carried out three more.

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v88.4
Federal Rules of Platform Procedure
Rory Van Loo
Associate Professor of Law, Boston University; Affiliated Fellow, Yale Law School Information Society Project

For valuable input, I am grateful to Hannah Bloch-Wehba, Kiel Brennan-Marquez, Danielle Citron, Julie Cohen, Christina Koningisor, Megan Ericson, Nikolas Guggenberger, Thomas Kadri, Daphne Keller, Louis Kaplow, Mark Lemley, Ngozi Okidegbe, Przemysław Pałka, Mitchell Polinsky, Steven Shavell, David Walker, editors at The University of Chicago Law Review, and participants at Boston University School of Law faculty workshop, Brooklyn Law School faculty workshop, Harvard Law and Economics Seminar, Junior Tech Law Scholars workshop, and Stanford Law and Economics Seminar. Brianne Allan, Jacob Axelrod, Samuel Burgess, Leah Dowd, Derek Farquhar, Shecharya Flatte, Chris Hamilton, Jack Langa, Kathleen Pierre, Tyler Stites, and Gavin Tullis provided excellent research assistance.

In the fall of 2017, the world’s largest social network put hundreds of women in “Facebook jail,” indefinitely suspending their accounts for posting “men are scum.”