Faculty Publications | Michigan Law

Offensive, Non-Mutual Collateral Estoppel in Arbitration

Labor and Employment Law

ABA Journal of Labor & Employment Law

Journal Article

Published

2020

"Parsing and Managing Inconsistency in Investor-State Dispute Settlement"

International and Comparative Law

Journal of World Investment and Trade

Journal Article

Published

2020

"The Perils of Pandemic Exceptionalism"

International and Comparative Law
Corporate and Securities Law
Environmental Law

American Journal of International Law

Journal Article

Published

2020

"Abandoning Copyright"

Intellectual Property and Antitrust

William and Mary Law Review

Journal Article

Published

2020

"Unequal by Design: How the Pandemic Response Exacerbated America’s Two-Tiered System of Justice"

"Antitrust as Allocator of Coordination Rights"

Intellectual Property and Antitrust
International and Comparative Law

"Service Provision and the Study of Local Legislatures: A Response to Professor Zale"

Constitutional Law
Administrative Law

Ohio State Law Journal Online

Journal Article

Published

2020

"Eminent Domain Law as Climate Policy"

Constitutional Law
Environmental Law

Wisconsin Law Review

Journal Article

Published

2020

"The Public Use Clause in an Age of U.S. Natural Gas Exports"

Constitutional Law

Stanford Law Review Online

Journal Article

Published

2020

"Regulating the Energy "Free Riders""

Administrative Law
Environmental Law

Boston University Law Review

Journal Article

Published

2020

"Operationalizing Internal Administrative Law"

Administrative Law

Hastings Law Journal

Journal Article

Published

2020

"Delegation and Time"

Constitutional Law
Administrative Law
Legal History

"Charting the New Landscape of Administrative Adjudication"

Constitutional Law
Administrative Law

"Nondelegation for the Delegators"

Administrative Law

"The Place of Retributivism in Punishment"

Criminal Law

"The Right to Reintegration"

Criminal Law

New Criminal Law Review

Journal Article

Published

2020

"Safeguard or Barrier: An Empirical Examination of Bar Exam Cut Scores"

Legal Ethics and Professional Responsibility

Journal of Legal Education

Journal Article

Published

2020

"Algorithmic Realism: Expanding the Boundaries of Algorithmic Thought"

Law and Technology

ACM Conference on Fairness, Accountability, and Transparency (ACM FAT*)

Journal Article

Published

2020

"Qualified Immunity and Federalism"

Constitutional Law
Civil Rights

Georgetown Law Journal

Journal Article

Published

2020

"How Bank Size Relates to the Impact of Bank Stress on the Real Economy"

Corporate and Securities Law

Journal of Corporate Finance

Journal Article

Published

2020

"Capital, Contagion, and Financial Crises: What Stops a Run from Spreading?"

Corporate and Securities Law

Columbia Business Law Review

Journal Article

Published

2020

"Nondelegation for the Delegators"

Administrative Law

"Punishing Them All: How Criminal Justice Should Account for Mass Incarceration"

Criminal Law

"The Essential Roles of Agency Law"

Michigan Law Review

Journal Article

Published

2020

"Using Transactional Practice Competitions to Introduce Students to Key Deal-Making Skills"

Legal Writing and Research

Michigan Bar Journal

Journal Article

Published

2020

"Demystifying Desert"

Criminal Law

The Journal of Ethics

Journal Article

Published

2020

"Federal Forum Provisions and the Internal Affairs Doctrine"

Constitutional Law

Harvard Business Law Review

Journal Article

Published

2020

"Consent, Coercion, and Employment Law"

Labor and Employment Law

Harvard Civil Rights-Civil Liberties Law Review

Journal Article

Published

2020

"Are Litigation Outcome Disparities Inevitable? Courts, Technology, and the Future of Impartiality"

Law and Technology

"Discerning a Dignitary Offense: The Concept of Equal Public Rights during Reconstruction"

Intellectual Property and Antitrust

Law and History Review

Journal Article

Published

2020

"Taking Choice Seriously in Olmstead Jurisprudence"

Civil Rights

Journal of Legal Medicine

Journal Article

Published

2020

"Complicity & Hypocrisy"

Legal Ethics and Professional Responsibility

Politics, Philosophy & Economics

Journal Article

Published

2020

"Disaggregating Ineffective Assistance of Counsel Doctrine: Four Forms of Constitutional Ineffectiveness"

Constitutional Law

Stanford Law Review

Journal Article

Published

2020

"Competition Wrongs"

Corporate and Securities Law

"Expungement of Criminal Convictions: An Empirical Study"

Criminal Law

"The Cost of Novelty"

Intellectual Property and Antitrust
Law and Technology

Columbia Law Review

Journal Article

Published

2020

"The Executive Power Clause"

Constitutional Law

University of Pennsylvania Law Review

Journal Article

Published

2020

"Disability and Reproductive Justice"

Civil Rights

Harvard Law and Policy Review

Journal Article

Published

2020

"Does Capital Bear the U.S. Corporate Tax After All? New Evidence from Corporate Tax Returns"

Corporate and Securities Law

Journal of Empirical Legal Studies

Journal Article

Published

2020

"Thoughts, Crimes, and Thought Crimes"

Criminal Law

Michigan Law Review

Journal Article

Published

2020

"Errors and Insights"

Legal Writing and Research

Michigan Bar Journal

Journal Article

Published

2020

"International Organizations and the Creation of Customary International Law"

International and Comparative Law

European Journal of International Law

Journal Article

Published

2020

"Designing and Enforcing Preliminary Agreements"

Legal Writing and Research

"Civil Procedure and Economic Inequality"

Public Interest Law

"Equality"

Civil Rights

"Sharp Lines and Sliding Scales in Tax Law"

Tax Law

"Spoiler Alert: When the Supreme Court Ruins Your Brief Problem Mid-Semester"

Law and Social Sciences

Perspectives: Teaching Legal Research and Writing

Journal Article

Published

2020

"Rethinking Foster Case"

Children and the Law

Southern Methodist University Law Review

Journal Article

Published

2020

"Golden Parachutes and the Limits of Shareholder Voting"

Corporate and Securities Law

Vanderbilt Law Review

Journal Article

Published

2020

"Why R&D Should be Allocated to Subpart F and GILTI"

Tax Law

Tax Notes International

Journal Article

Published

2020