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85.7
Is Efficiency Biased?
Zachary Liscow
Associate Professor, Yale Law School

Thanks to Bruce Ackerman, Matt Adler, Anne Alstott, Ian Ayres, Bob Cooter, Dan Farber, Lee Fennell, Ed Fox, Heather Gerken, Jacob Goldin, Michael Graetz, Andrew Hayashi, Christine Jolls, Amy Kapczynski, Louis Kaplow, Max Kasy, Al Klevorick, Lewis Kornhauser, Doug Kysar, Daniel Markovits, Mitch Polinsky, Alex Raskolnikov, Susan Rose-Ackerman, Chris Sanchirico, David Schleicher, Alan Schwartz, Steve Shavell, Matt Stephenson, Judge Stephen Williams, Gui Woolston, and participants at the Columbia Tax Policy Workshop, Yale Law School Faculty Workshop, National Tax Association Annual Meetings, Loyola Law School Tax Policy Workshop, Boston University Law and Economics Workshop, Boston College Tax Policy Workshop, and William and Mary Faculty Workshop for helpful comments. Thanks to Daniel Giraldo, Brian Highsmith, Quentin Karpilow, Michael Loughlin, Brian McGrail, Farrah Ricketts, Kate Tian, and Jacob Waggoner for excellent research assistance.

Suppose that a city is considering building neighborhood parks, each of which costs $1 million to build. The residents of a rich neighborhood are willing to pay $2 million for the park, but the residents of a poor neighborhood are willing to pay only $500,000, less than the cost of construction.
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85.7
In Defense of Territorial Jurisdiction
Cody J. Jacobs
Visiting Assistant Professor, Chicago-Kent College of Law

Thanks to Stephen Sachs, Patrick Borchers, Alex Boni-Saenz, Mark Rosen, Chris Schmidt, Mike Gentithes, Lori Andrews, Richard Wright, Greg Reilly, and Harold Krent for their helpful comments on this Article .

Brent Tyrrell worked for railroads all his life. When he was working for BNSF, a multibillion-dollar company and one of the largest railroads in North America, Brent developed terminal kidney cancer, allegedly as a result of his on-the-job exposure to harmful industrial chemicals.

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85.6
Not So Different after All: The Status of Interpretive Rules in the Medicare Act
Graham Haviland
BA 2011, The University of Chicago; JD Candidate 2019, The University of Chicago Law School

The Administrative Procedure Act (APA) distinguishes between “legislative rules” that bind with the force of law and “interpretive rules” that merely interpret existing statutes or rules.

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85.6
i4i Makes the Patent World Blind
Michael J. Conway
BA 2014, Loyola University Chicago; JD Candidate 2019, The University of Chicago Law School

A patent does not magically ensure that an inventor receives the twenty-year personal monopoly to which she is entitled over the personal and commercial use of her invention. To maximize a patent’s value, the patent holder must diligently enforce the patent in federal court against infringers.

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85.6
Defining “Second or Successive” Habeas Petitions after Magwood
Megan Volin
BA and BS 2016, Northern Arizona University; JD Candidate 2019, The University of Chicago Law School

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) governs the filing and adjudication of federal habeas corpus petitions.

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85.6
Relational Contracts of Adhesion
David A. Hoffman
Professor of Law, University of Pennsylvania Law School

I would like to thank the individuals who agreed to be interviewed for this article: Hissan Bajwa, Michal Rosenn, Bonnie Broeren, Rob Chesnut, Eric Goldman, Jay Monahan, Ari Shahdadi, Curtis Anderson, Ed Ferguson, Michael Cheah, Hansen Tong, and Miranda Lerner. Katherine Schloss Ackerman (Penn ’17), Elyssa Eisenberg (Penn ’18), and Michelle Kao (Penn ’18) provided research assistance. Tom Baker, Shyam Balganesh, Danielle Citron, Zev Eigen, Meirav Furth-Matzkin, Eric Goldman, Ethan Leib, Sophia Lee, Greg Klass, Florencia Marotta-Wurgler, Melanie McMenamin, Lior Strahilevitz, Rick Swedloff, Michael Risch, Tess Wilkinson-Ryan, David Wishnick, and participants at faculty workshops at the University of Pennsylvania, Boston University, UC Hastings, Villanova University, University of Chicago, and the Second Empirical Contracts Working Group provided useful feedback.

Consumer contract theory is myopically focused on the unread fine print. Because consumers don’t read their contracts, firms can make “hidden” terms worse without lowering prices.

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85.6
A New Market-Based Approach to Securities Law
Kevin S. Haeberle
Associate Professor of Law, William & Mary Law School
M. Todd Henderson
Michael J. Marks Professor of Law and Mark Claster Mamolen Research Scholar, University of Chicago Law School

Many scholars have proposed market-based solutions to the well-known shortcomings of modern securities law.

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85.5
Reviewing Leniency: Appealability of 18 USC § 3582(c)(2) Sentence Modification Motions
Sarah E. Welch
BA 2016, Ohio University; JD Candidate 2019, The University of Chicago Law School

Jose Rodriguez pled guilty to cocaine distribution and firearm charges in 2012. With a United States Sentencing Guidelines (USSG) range of 120–150 months in prison for his convictions, he was sentenced to 123 months’ imprisonment and 3 years’ supervised release.

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85.5
Master of Its Own Case: EEOC Investigations after Issuing a Right-to-sue Notice
Eric E. Petry
BA 2014, The College of Wooster; JD Candidate 2019, The University of Chicago Law School

Often dismissed as a second-class agency with little power, the Equal Employment Opportunity Commission (EEOC) actually plays a crucial role in antidiscrimination efforts and is tasked with enforcing every employment discrimination statute in the federal arsenal.

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85.5
War Manifestos
Oona A. Hathaway
Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School

We thank Drew Adan, Alison Burke, Ann-Marie Cooper, Clément Dupuy, Jason Eiseman, Sarah Kraus, Evelyn Ma, John Nann, Michael VanderHeijden, and especially Ryan Harrington, who hunted down, translated, and analyzed manuscripts, manifestos, archival materials, and rare books from libraries and collections all around the world, and Theresa Cullen for her leadership of the Yale Law School Library, without which this project would not have been possible. We are grateful to Stuart Shirrell for his assistance with the data analysis. We are indebted to our research assistants, who brought to the project outstanding legal research skills, analytical expertise, and extraordinary language skills, including Classical Chinese, Latin, French, German, Portuguese, Dutch, Italian, and Ottoman Turkish: Nico Banac, Jacob Bennett, Perot Bissell, Johannes Buchheim, Varun Char, Idriss Fofana, Jade Ford, Ole Hinz, Michelle Huang, Sameer Jaywant, Aubrey Jones, Tobias Kuehne, Ling-wei Kung, Steve Lance, Ji Ma, Gregor Novak, Pedro Ramirez, Britta Redwood, Bonnie Robinson, Elisa Ronzheimer, James Rumsey-Merlan, Daniel Schwennicke, Ingmar Samyn, Mary Ella Simmons, David Stanton, Evan Welber, and Thorsten Wilhelm. We also thank participants in the Vanderbilt Law School works-in-progress workshop and Yale Law School faculty workshop for their immensely helpful feedback.

William S. Holste
Associate, Shearman & Sterling LLP
Scott J. Shapiro
Charles F. Southmayd Professor of Law and Philosophy at Yale Law School
Jacqueline Van De Velde
JD, Yale Law School, 2017
Lisa Wang Lachowicz
Associate, Debevoise & Plimpton LLP

The UN Charter provides that states are prohibited from the “threat or use of force” against other sovereign states.

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85.5
State Bureaucratic Undermining
Justin Weinstein-Tull
Associate Professor, Arizona State University College of Law

I am grateful to the readers who made this paper what it is, the teachers who gave more support than I deserve, and the friends who inexplicably saw brightness throughout.

Turbulence rocks the federal government, and it is now faddish to romanticize states as sites of resistance.