Content Posted in 2024
A Better Way Forward for State Taxation of E-Commerce, David Gamage and Devin J. Heckman
Achieving the Achievable: Realistic Labor Law Reform, Rafael Gely
Adopting Tax Credits: The Federal Government’s Special Need to Adopt Missouri’s Adoption Tax Credit, Joseph Link
Advice about Written Advocacy from the Washington Court of Appeals, Douglas E. Abrams
A Final Shot at Federal Felon Dispossession: Bruen, Heller’s Haven, and Non-Violent Felons, Keaton Campbell
AI, ADR, AND ANXIETY, John Lande
AI AND EMPATHY, John Lande
Alternative Dispute Resolution in Agency Administrative Programs, Kristen Blankley, Kathleen Claussen, and Judith Starr
A MEDIATOR AND A BOT WALK INTO A BAR …, John Lande
A MESSAGE FOR LAW STUDENTS TO PREPARE THEMSELVES FOR LEGAL PRACTICE, John Lande
A New Theory of Equitable Apportionment, David Gamage and Darien Shanske
ANNA HOWARD’S NEW BOOK EXAMINES WHY BUSINESSES DON’T USE MEDIATION – AND OTHER ISSUES, John Lande
An Undeserved Bad Rap? Finding the Fairness in Mandatory Employment Arbitration, John G. Browning and Janey Whitney
A Potential Game Changer in E-Commerce Taxation, David Gamage, Andrew J. Haile, and Darien Shanske
A PROPOSAL FOR THE JOINT DEVELOPMENT OF GENERATIVE AI FOR THE DISPUTE RESOLUTION PROFESSION, John Lande
Arbitration and the Mandatory Law Problem: A Mixed Mode ADR Approach, Hossein Fazilatfar
Artificial Intelligence and Antibody Genus Claims, Thomas R. Langdon
A State-Level Carbon Tax with Border Adjustments, David Gamage and Darien Shanske
A Tragedy in Three Acts: Discrimination, Retaliation, and FERPA, Jackson L. Ferguson
AVATAR MEDIATION, John Lande
A Way Forward for Tax Law and Economics? A Response to Osofsky's "Frictions, Screening, and Tax Law Design", David Gamage
BAD DECISIONS TO GO TO TRIAL, John Lande
Balancing Discretion and Fairness: The Potential Pitfalls of Allowing Judges Too Much Discretion in Sentencing, Kelly A. McLaughlin
BATNAs and the Emotional Pains from “Positional Negotiation", John M. Lande
BIG NEW STUDY ON NECESSARY LAWYERING SKILLS, John Lande
Biotech Patent Eligibility: Why we Care about Conventionality, Michael J. Moedritzer
Bridging the Divide: Does the EU's AI Act Offer Code for Regulating Emergent Technologies in America?, Renee Henson
Buried Hope: Assessing The Future Of Carbon Sequestration In the U.S. Under The Updated 45Q Tax Credit, Alden Smith
Calvinball in Cole County:State ex rel. Fitz-James v. Bailey, Eric Humphrey
Can a Homeowner Benefit Agreement Run with the Land to Bind Successors?, Maxwell Rubin
Cancel Carte Blanche for the Information Industries: Federalizing U.C.C. Article 2., Michael L. Rustad
Caveat IRS: Problems with Abandoning the Full Deduction Rule, David Gamage, Darien Shanske, Joseph Bankman, Jacob Goldin, Daniel J. Hemel, Kirk J. Stark, Dennis J. Ventry Jr., and Manoj Viswanathan
Charitable Contributions in Lieu of SALT Deductions, David Gamage
CLIMATE DIPLOMACY: CAN MEDIATING CLIMATE CONSIDERATIONS INTO PEACE AGREEMENTS CREATE A SUSTAINABLE FUTURE?, Kayla Fowler
Comments on Daniel Shaviro's Tax Reform Implications of the Risk of a U.S. Budget Catastrophe, David Gamage
Commodification and Contract Formation: Placing the Consideration Doctrine on Stronger Foundations, David Gamage
Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes, John Lande
Conformity and State Income Taxes: Suggestions for the Crisis, David Gamage and Michael A. Livingston
CONSTRUCTING GOOD ODR SYSTEMS, John Lande
Consumer-Based Use Tax Enforcement and Taxpayer Compliance, David Gamage, Adam Thimmesch, and Darien Shanske
Copycat Fashion: How Fast Fashion Giant, Shein, Continues to Steal Independent Designers’ Work, Rachel L. Gardner
Crypto in Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, and Andrea Tosato
DEALING WITH CAUSES AS WELL AS SYMPTOMS OF LAW STUDENTS’ AND LAWYERS’ LACK OF WELL-BEING, John Lande
Decision-Making as an Essential Element of Our Field, John M. Lande
Deconstructing Business Law Center Design, Mission, and Innovation, Patricia Hureston Lee
Defining Fair Use in the Digital Era: A Tentative Appraisal of Google LLC v. Oracle America, Inc., Dale P. Olson
DILYARA NIGMATULLINA’S NEW ARTICLE ON PLANNED EARLY DISPUTE RESOLUTION AND TECHNOLOGY, John Lande
DISPUTE PREVENTION AND EARLY DISPUTE RESOLUTION FRAMEWORK, John Lande
Diversity On Trial: Navigating Employer Diversity Programs Amidst Shifting Legal Landscapes, Mariana Larson
Donna Shestowsky’s Presentation on Litigants’ Views of Court ADR Options, John M. Lande
DROP EVERYTHING AND READ NOAM’S MASTERPIECE RIGHT NOW, John Lande
DWIGHT GOLANN ON A YEAR OF ZOOM MEDIATIONS, John Lande
EARLY DISPUTE RESOLUTION PROCESSES, John Lande
EASY AS PI, John Lande
EASY ASSIGNMENT TO PROMOTE LAW STUDENTS’ APPRENTICESHIP OF IDENTITY, John Lande
ENDING THE EPIDEMIC OF ACCIDENTAL PERSONALITY DISORDER DISCRIMINATION BY WELL-MEANING MEDIATORS, Dan Berstein, Hannah Diamond, and Philip T. Yanos
EVERYTHING I KNOW ABOUT DISPUTE RESOLUTION IS WRONG – ESPECIALLY WHAT YOU SAY ABOUT IT, John Lande
Exploring Key Antitrust Implications of Conference Consolidation in College Football, Kamron Cox
Finding the Goldilocks of Employment Discrimination: The Confusing Approaches to Temporal Proximity., Jordan Roling
Flying Too Far Afield: Reigning in Airline Companies’ Abuses through Strengthened Regulation, Clayton Watts
Focus on Party Decision-Making, John M. Lande
Foreword--King v. Burwell Symposium: Comments on the Commentaries (and on Some Elephants in the Room), David Gamage
Getting Serious About Stakeholders, William O. Fisher
GREAT VALUE OF STUDENTS PLAYING CLIENTS IN MULTI-STAGE SIMULATIONS, John Lande
Guns, Vices and Freedom, Oh My: A Preliminary Empirical Investigation, Royce de R. Barondes
Guns, Vices and Freedom, Oh My: A Preliminary Empirical Investigation, Royce de R. Barondes
Heller, McDonald, Bruen, and the Unconstitutional Tax Burden of the NFA, Robert T. Lass
HELPING LAW STUDENTS DEFINE AND PURSUE SUCCESS, John Lande
Helping People Make Hard Decisions – And Making Them Ourselves, John Lande
Highspeed Pursuit of a Claim for Negligence: Analyzing Police Liability in a Vehicular Accident Involving Bystanders, Harry Bell III
How Can Courts–Practically for Free–Help Parties Prepare for Mediation Sessions?, John Lande
HOW CAN PRACTITIONERS HELP CLIENTS ASSESS THEIR INTERESTS AND RISKS IN LITIGATION?, John Lande
How Economic Barriers Can Help Solve the USPTO’s Impending AI Patent Issues, Jeffrey Giesmann
How Should Governments Promote Distributive Justice?: A Framework for Analyzing the Optimal Choice of Tax Instruments, David Gamage
How States Can Respond to the AHCA: Using the McCarran-Ferguson Act, David Gamage and Darien Shanske
How States Should Now Consider Expanding Sales Taxes to Services, Part 2, David Gamage, Darien Shanske, Gladriel Shobe, and Grace Stephenson Nielsen
How the Federal Reserve Should Help States and Localities Right Now, David Gamage and Darien Shanske
HOW TO CALCULATE AND USE BATNAS AND BOTTOM LINES WITH LIRA, John Lande
ILLUSIONS OF COMPETENCE, John Lande
IMPRESSIVE REPORT ON WORLDWIDE DISPUTE SYSTEM NEEDS AND DESIGN, John Lande
Integrative Highway Rights-of-Way Management to Reduce Stormwater Run-Off and Enhance Habitat, Madeline M. Showers and Robin M. Rotman
Intimate Partner Violence: Access to Protection Beyond the Pandemic, Rachel J. Wechsler
Investigating “Good Moral Character” for Liquor License Applications, Benjamin J. Kweskin
Is New York’s Mark-to-Market Act Unconstitutionally Retroactive?, David Gamage, Darien Shanske, Reuven S. Avi-Yonah, and Kirk J. Stark
It’s Hard to Hit a Target that Doesn’t Exist: A Novel Conceptual Framework for ESG Ratings, Jorge Cruz-Lopez, Jordan B. Neyland, and Dasha Smirnow
It Wasn’t Me: How the Doctrines of Sovereign Immunity and Misnomer Frustrate Missouri’s Petroleum Cleanup Efforts, Lauren Elizabeth Fleming
Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation, John M. Lande
KISER’S SOFT SKILLS FOR THE EFFECTIVE LAWYER, John Lande
“LABELS SUCK”, John Lande
LAINEY FEINGOLD’S BOOK ON STRUCTURED NEGOTIATION, John Lande
LAW STUDENTS CAN USE PORTFOLIOS TO PLAN THEIR PRACTICE SYSTEMS, John Lande
Lawyers, Gambling, and Trust Accounts: Why the Expansion of an Old Vice Requires a New Approach to Protecting Client Funds, Robert M. Jarvis
Legal Issues in Reconciling Data Protection, AI, and Cybersecurity under EU Law, Iain Nash, DeBrae Kennedy-Mayo, Peter Swire, and Annie Antón
LEGISLATIVE UPDATE, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, and Victoria Mantel
LEN RISKIN PULLS IT ALL TOGETHER IN MANAGING CONFLICT MINDFULLY, John Lande
Lessons From the ABA’s Excellent Report on Mediator Techniques, John M. Lande
LETTER TO KELLY, John Lande
Liking, Linking, and Tweeting: Mental Health, Mentoring, and Professional Responsibility in the Age of Social Media, B. Summer Chandler
LIRA @ CPR, John Lande
LIRA IN CRIMINAL CASES, John Lande
LIRA VIDEOS, John Lande
LITIGATION AS VIOLENCE, John Lande
Long-Term Fixes for Short-Term Leases: The Unsettled World of Airbnb Regulation, Clayton Watts
Loose Canons: The Supreme Court's New Interpretive Methodology, Jacob Wood
Mallory v. Norfolk Southern Railway Co., Due Process and Strange Bedfellows, Michael Vitiello and Daniel Croxall
Managing California's Fiscal Roller Coaster, David Gamage
Managing Fiscal Volatility by Redefining "Tax Cuts" and "Tax Hikes", David Gamage and Jeremy Bearer-Friend
MANDATORY ARBITRATION AND LGBTQ+ HOSTILE WORKPLACE PROTECTIONS: A REVIEW OF THE ENDING FORCED ARBITRATION ACT, ITS IMPACT, AND IMPLICATIONS, Jared E. Munster
Mandatory Mediation in England and Wales: A Paradigm Shift in Dispute Resolution, McKayla Bogda
Maryland’s Digital Tax and the ITFA’s Catch-22, David Gamage, Darien Shanske, and Christopher Moran
MEDIATE.COM PUBLISHES “SEVEN KEYS TO UNLOCK MEDIATION’S GOLDEN AGE”, John Lande
MERGING MEDIATION MODELS – AND OTHER LESSONS, John Lande
MESSAGE FOR STUDENTS INTERESTED IN ADR, John Lande
MICHAEL BUENGER’S GREAT KEYNOTE ADDRESS AT THE ABA COURT ADR CONFERENCE, John Lande
Minimizing the Harm of State Fiscal Volatility, David Gamage and Jeremy Bearer-Friend
MINIMIZING UNNECESSARY VIOLENCE IN LITIGATION AND OTHER DISPUTE RESOLUTION PROCESSES, John Lande
Mosten and Scully’s New Book on Unbundled Legal Services, John M. Lande
Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding Summary, John M. Lande
MOVING US COURTS ONLINE, John Lande
Negotiation Symposium Virtual Book Club, John M. Lande
NEW EDITION OF PSYCHOLOGY FOR LAWYERS, John Lande
ODD ONE OUT: INCONSISTENCY IN THE FEDERAL ARBITRATION ACT’S JURISDICTIONAL LANGUAGE, Joshua Long
Ombuds Programs: How Alternative Dispute Resolution Improves the Lives of Native Long-Term Care Residents, Brett Newberry
On Tax Increase Limitations: Part I -- A Costly Incoherence, David Gamage and Darien Shanske
On Tax Increase Limitations: Part II -- Evasion and Transcendence, David Gamage and Darien Shanske
On the Future of Tax Salience Scholarship: Operative Mechanisms and Limiting Factors, David Gamage
On the Hook: Venue, Vicinage, and Double Jeopardy’s Relationship with Modern Data Crimes, Cody Deterding
On Yang's Proposed Federal Tax on Subnational Tax Incentives, David Gamage and Darien Shanske
Overcoming Barriers to Documenting Institutional Knowledge, Cynthia Bassett and Lauren Seney
PARTY SELF-EMPOWERMENT FROM PREPARATION FOR MEDIATION SESSIONS, John Lande
Pay to Play or Get Rich Quick: A Look at Litigation Finance in the United States., Austin Rucker
PEDR IS IMPORTANT FOR CULTURE CHANGE IN COURTS, John Lande
Permitting the Highs Without Addressing the Lows: Options for Struggling State-Legal Marijuana Businesses Barred from Bankruptcy, Rachel Owings
Phased Mark-to-Market for Billionaire Income Tax Reforms, David Gamage and Darien Shanske
PLANNING FOR GOOD QUALITY DECISION-MAKING IN MEDIATION USING TWO-STAGE MEDIATION, John Lande
PLANNING IS CRITICALLY IMPORTANT FOR EARLY DISPUTE RESOLUTION, John Lande
Police Mistakes of Law, Heien v. North Carolina and Significant Fourth Amendment Interpretive Cases: An Empirical Examination of Officer Perception, Knowledge and Performance, Christopher D. Totten, Gang Lee, and Michael De Leo
Political Polarization in America: Its Impact on Industrial Democracy and Labor Law, Rafael Gely
Postconviction Remedies, Retroactivity, and Montgomery v. Louisiana’s Other New Rule, Taylor A.R. Meehan
Preventing Government Shutdowns: Designing Default Rules for Budgets, David Gamage and David Scott Louk
Preventing State Budget Crises: Managing the Fiscal Volatility Problem, David Gamage
Private Law as Morality: A Critique of Peter M. Gerhart’s Contract Law and Social Morality, P.T. Babie, Claire Williams, Jessica Viven-Wilksch, and James Gilchrist Stewart
PROBLEM-RESOLUTION LAWYERING ACROSS THE TWENTY-FIRST CENTURY LAW CURRICULUM, John Lande
PROBLEMS WITH TEACHING “INTEGRATIVE” NEGOTIATION, John Lande
Problems with the System of Negotiation Models, Part 2, John M. Lande
Prompt on the King v. Burwell Case, David Gamage
Published Versions of Tower of Babel Symposium Articles, John M. Lande
RANDY KISER’S NEW BOOK ON PROFESSIONAL JUDGMENT FOR LAWYERS, John Lande
READINGS AND RESOURCES FOR TEACHING, John Lande
Reading the Court’s Palm: The Unclear Present and Future for Cost-Shifting Under Rule 54(d)(1), Anthony M. Whalen
Reality Check: The Aim of Affirmative Action May Often Miss the Mark of Equal Protection, Kate Frerking
REALITY-TESTING QUESTIONS FOR REAL LIFE AND SIMULATIONS – AND IDEAS FOR STONE SOUP ASSIGNMENTS, John Lande
Real Lawyering Practice Systems, John Lande
Real Practice Systems Annotated Bibliography, John Lande
Reconceiving Corporate Rights and Regulation in the AI Era, Michael R. Siebecker
Recruiting the Right Candidate, Cynthia Bassett
Reforming State Corporate Income Taxes Can Yield Billions, David Gamage, Darien Shanske, and Reuven S. Avi-Yonah
Repealing Single-Family Zoning Is Not Enough: A Proposal For Removing Existing Parallel Private Covenants For Violating Public Policy, Gerald Korngold
Resolving the Incompatibility of Claim Accrual and Recovery in Copyright Law, Tim Knight
RESOURCES FOR TEACHING ABOUT BATNA, BOTTOM LINES, AND LIRA, John Lande
RESOURCES FOR USING REAL PRACTICE SYSTEMS MATERIALS IN TEACHING, John Lande
Rigor or Reach? Strictness or Scope?: The Continuing Battle Over the Parameters of The Supreme Court’s Daubert/Kumho Reliability/Validation Test for the Admissibility of Expert Testimony, Edward J. Imwinkelried
Rulemaking 3.0: Incorporating AI and ChatGPT Into Notice and Comment Rulemaking, Stephen M. Johnson
Sampled! Revisiting Fair Use and De Minimus Copying In Music Sampling, Connie Davis Nichols
Shestowsky’s Study Supports Value of Lawyers’ Early Education of Clients About Their Procedural Options, John M. Lande and John Lande
SHIFTING THE CENTRAL PARADIGM TO DISPUTE SYSTEM DESIGN, John Lande
SHOULD WE GET RID OF THE BAR EXAM?, John Lande
SIMULATIONS BASED ON ACTUAL CASES – WHY REINVENT THE WHEEL?, John Lande
Solving the Valuation Challenge: The Ultra Method for Taxing Extreme Wealth, David Gamage, Brian Galle, and Darien Shanske
State Constitutional Limitations to Cities Taxing the Digital Economy, Lauren Shores Pelikan
State Responses to Federal Tax Reform: Charitable Tax Credits, David Gamage, Darien Shanske, Joseph Bankman, Jacob Goldin, Daniel Hemel, Kirk J. Stark, Dennis J. Ventry Jr., and Manoj Viswanathan
States Should Conform to GILTI, Part 3: Elevator Pitch and Q & A, David Gamage and Darien Shanske
States Should Consider Partial Wealth Tax Reforms, David Gamage and Darien Shanske
States Should Quickly Reform Unemployment Insurance, David Gamage, Darien Shanske, Brian Galle, and Erin Scharff
STONE SOUP: LEARNING HOW PEOPLE ACTUALLY PREPARE FOR NEGOTIATION AND MEDIATION, John Lande
Strategic Nonconformity to the TCJA, Part I: Personal Income Taxes, David Gamage, Adam Thimmesch, and Darien Shanske
STRATEGIES FOR SUCCESSFUL NEGOTIATION OF INTERNATIONAL DISPUTES: POSITIONAL BARGAINING VS. PRINCIPLED NEGOTIATION IN THE INDUS WATER TREATY NEGOTIATIONS, Sushant Mahajan
STUDENT PAPER TOPICS, John Lande
STUDY FINDS THAT LAW SCHOOLS FAIL TO PREPARE STUDENTS TO WORK WITH CLIENTS AND NEGOTIATE, John Lande
STUDY OF ODR IN FAMILY CASES WITH POSITIVE RESULTS, John Lande
SUNNY DAYS AHEAD: USING ADR TO FUEL THE FUTURE OF GREEN ENERGY, Matthew Graham
Symposium Special Note From The Editor, Jordan Duenckel
Synthetic Seduction: Navigating AI-Generated Content and the Complexities of Name, Image, and Likeness Law, Emma K. Chedwick
Tables Turning: How Companies Should Respond to the “Mass Arbitration” Phenomenon and Abernathy v. DoorDash, Inc., Isaac Keller
Taxation and the Constitution, Reconsidered, David Gamage and John R. Brooks
Tax Cannibalization and Fiscal Federalism in the United States, David Gamage and Darien Shanske
Tax Cannibalization and State Government Tax Incentive Programs, David Gamage and Darien Shanske
Tax Cannibalization by State Corporate Taxes: Policy Implications, David Gamage and Darien Shanske
Tax Cannibalization by State Corporate Taxes: Revised Estimates, David Gamage and Darien Shanske
Taxing E-Commerce in the Post-Wayfair World, David Gamage, Adam t, and Darien Shanske
Taxing Political Donations: The Case for Corrective Taxes in Campaign Finance, David Gamage
Tax Now or Tax Never: Political Optionality and the Case for Current-Assessment Tax Reform, David Gamage and John R. Brooks
TEACHING STUDENTS TO FOCUS ON PARTY DECISION-MAKING, John Lande
TEACHING STUDENTS TO THINK LIKE PRACTITIONERS, John Lande
TECHNOLOGY IN REAL PRACTICE SYSTEMS, John Lande
Testing For Disguised Dividends In Compensation For Employee-Shareholder Of Closely Held Corporations: An Analysis Of Federal Court Testing Regimes and Their Impact On The Predictability of Outcomes, Matthew Edward Lewis
The American Health Care Act Would Toss the States a Hot Potato, David Gamage and Darien Shanske
The Back-and-Forth Battle of Defining Independent Contractors, Jessie O'Brien
The Case for Applying Comcast's Causal Canon to the Pregnant Workers Fairness Act, Taylor Todd
The Case for a State-Level Debt-Financing Authority, David Gamage and Darien Shanske
The Case for Consumer-Based Use Tax Enforcement, David Gamage, Adam Thimmesch, and Darien Shanske
The Case for State Borrowing as a Response to the Current Crisis, David Gamage and Darien Shanske
The Case for Taxing (All of) Labor Income, Consumption, Capital Income, and Wealth, David Gamage
The Copyright Infringement Threat to X: How X (formerly Twitter) Could Benefit From Licensing Agreements With Arbitration Clauses, Mary Claire Rose
The End of An “Eras?” Antitrust Law and Policy Making a Drastic Change in Live Entertainment Ticketing?, Tyler J. Miller
The Federal Government's Power to Restrict State Taxation, David Gamage and Darien Shanske
The Future of SALT: A Broader Picture, David Gamage and Darien Shanske
The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the 2017 Tax Legislation, David Gamage and David Kamin
The House of Cards Topples: Examining Appellate Jurisdiction for Transfers of Venue in Federal Court, Mac Newton
The Implications of CSX and DMA, David Gamage and Darien Shanske
THE LAW CAN BE DANGEROUS TO LAWYERS’ MENTAL HEALTH, John Lande
THE NEW HANDSHAKE: USING ODR TO CREATE VALUE FOR CONSUMERS AND BUSINESSES, John Lande
THE NEXT NEW NORMALS – IN GENERAL, John Lande
The Ordinary Diet of the Law: How to Interpret Public Law 86-272, David Gamage and Darien Shanske
The Original Meaning of the Sixteenth Amendment, David Gamage and John R. Brooks
The Policy and Politics of Alternative Minimum Taxes, David Gamage and Ari Glogower
The Rhetoric of Abortion in Amicus Briefs, Jamie R. Abrams and Amanda Potts
The Saga of State "Amazon" Laws: Reflections on the Colorado Decision, David Gamage and Darien Shanske
The Trouble with Tax Increase Limitations, David Gamage and Darien Shanske
The Wealth of Our Commonwealth: Money, Capital, and Finance in a Productive Commercial Republic, Robert Hockett
THEY SHOULD CALL IT NEGOTIATION SCHOOL, NOT LAW SCHOOL, John Lande
Think of the Children! Unmasking the Rhetoric Behind Internet Censorship in the Digital Age, Annaleigh Hobbs
Three Essays on Tax Salience: Market Salience and Political Salience, David Gamage and Darien Shanske
Time for an Audible: Possible Solutions for NIL Collectives Seeking Tax-Exempt Status Following IRS Memo, Austin Siener
Tips for Lawyers Who Want to Get Good Results for Clients and Make Money, John M. Lande
TRAINING YOUR MEDIATOR BOT, John Lande
TRANSACTIONAL INTEREST AND RISK ASSESSMENT, John Lande
Turning From a Hire Power: Employment Discrimination and Faulty Ninth Circuit Procedure, Matthew Swords
Undermining Confidence in The Judgment: The Supreme Court of Missouri’s Flawed Application of Missouri’s Wrongful Conviction Statute, Salvatore Paris
Unreasonable Royalty: Realigning Economic Incentives Involving Innovation in the Age of Patent Assertion Entities, Jordan Duenckel
“Uphill . . . Both Ways!” The Issues with Missouri’s Compulsory Attendance Legislation, Amaris Garber
Using Intellectual Property to Regulate Artificial Intelligence, Dennis Crouch
Using Taxes to Improve Cap and Trade, Part I: Distribution, David Gamage and Darien Shanske
Using Taxes to Improve Cap and Trade, Part II: Efficient Pricing, David Gamage and Darien Shanske
Using Taxes to Support Multiple Health Insurance Risk Pools, David Gamage and Darien Shanske
Vendor Compensation as an Approach for State "Amazon" Laws: Part 1, David Gamage and Devin J. Heckman
Vendor Compensation as an Approach for State "Amazon" Laws: Part 2, David Gamage and Devin J. Heckman
Wage Enslavement: How the Tax System Holds Back Historically Disadvantaged Groups of Americans, David Gamage and Goldburn P. Maynard Jr.
Wanted!: Fourth Amendment Protection for St. Louis Residents from the Unconstitutional Wanteds System, Brooke Buerck
Wayfair and the Retroactivity of Constitutional Holdings, David Gamage, Adam Thimmesch, and Darien Shanske
Wayfair: Marketplaces and Foreign Vendors, David Gamage, Adam Thimmesch, and Darien Shanske
Wayfair: Sales Tax Formalism and Income Tax Nexus, David Gamage, Adam Thimmesch, and Darien Shanske
Wayfair: Substantial Nexus and Undue Burden, David Gamage, Darien Shanske, and adam Thimmesch
Weathering State and Local Budget Storms: Fiscal Federalism with an Uncooperative Congress, David Gamage, Darien Shanske, adam Thimmesch, and Gladriel Shobe
We Need a Better Consensus about Negotiation Theory, John M. Lande
We’re Getting SUED??? *emotional* *with proof*: Using Alternative Dispute Resolution in Child Influencer Disputes, Werthen Gass
What Do Litigants Really Want?, John M. Lande
WHAT MAKES LAWYERS HAPPY? – AND HOW CAN YOU HELP?, John Lande
When Push Comes to Shove: How Qualified Immunity Shuts the Door to Constitutional Claims Against Law Enforcement, Scott J. Bower
WHERE THE “PUCK” IS GOING – AND WHAT FACULTY SHOULD DO TO HELP STUDENTS GET THERE, John Lande
Why (and How) States Should Tax the Repatriation, David Gamage and Darien Shanske
Why a State-Level Carbon Tax Can Include Border Adjustments, David Gamage and Darien Shanske
Why States Can Tax the GILTI, David Gamage and Darien Shanske
Why States Should Conform to the New Corporate AMT, David Gamage and Darien Shanske
Why States Should Now Consider Expanding Sales Taxes to Services, Part 1, David Gamage, Darien Shanske, and Grace Stephenson Nielsen
Why States Should Tax the GILTI, David Gamage and Darien Shanske
Why the Affordable Care Act Authorizes Tax Credits on the Federal Exchanges, David Gamage and Darien Shanske
Will States Step Up in 2020? We Hope So, David Gamage and Darien Shanske
YOU REALLY SHOULD KNOW ABOUT KRIS FRANKLIN, John Lande