Faculty Enrichment Archive

• “The Constitution in 2020: The Future of Criminal Justice”

Tuesday, May 4: Robin Craig

Thursday, May 6: Tara Grove

Tuesday, May 11: Patricia Born (FSU College of Business)

Thursday, May 13: Shawn Bayern (FSU Law)

Thursday, May 20: Kelli Alces (FSU Law)

Tuesday, May 25: Fernando Teson (FSU Law)

Thursday, May 27: J.B. Ruhl and Dave Markell (FSU Law)

Thursday, June 3: Deana Pollard-Sacks

Tuesday, June 8: Mark Seidenfeld (FSU Law)

Thursday, June 10: Franita Tolson (FSU Law)

Thursday, June 17: Jeff Yates

Thursday, June 24: Uma Outka

• "Taxing Punitive Damages"

• "Some Thoughts on the Role of Judges as Lawmakers"

• "Informing Institutionalism: A New Constraint on Judicial Decision-Making"

• "Right Now It’s Only a Notion: Making Sense of 'Social Enterprise'"

• "The Legitimacy of Civil Justice"

• "Reforming Paradoxes: Modeling Change and Continuity at the World Bank"

• "Why the Testamentary Doctrine of Undue Should Be Abolished"

• "Contract Enforcement and the Harm Principle"

• "Longitudinal Guilt: Repeat Offenders, Plea Bargaining, and the Variable Standard of Proof"

• "Blackboard Jungle: Delinquency, Desegregation, and the Cultural Politics of Brown"

• "Whose Voices Belong in Criminal Justice?"

• "Federal Spending and Compulsory Maternity"

• "Improving the Efficiency of Conservation Easement Subsidies"

• "The Economic Impact of Subfederal Immigration Regulation: An Empirical Analysis"

• "A New Approach to the Identification and Enforcement of Open Quantity Contracts"

• "Debunking the Corporate Fiduciary Myth"

• "Does Enforcement of Intellectual Property Rights Matter? Evidence from Financing and Investment Choices in the High Tech Industry (with James S. Ang and Chaopeng Wu)"

• "Who Decides Who Decides"

• "The State Public Trust Doctrines and Adaptation to Climate Change"

• "Litigating Together"

• "The Failure of Economics in Tort Law: The Puzzle of Negligence"

• "Saving up for Bankruptcy"

• "Police Paternalism: Community Caretaking, Assistance Searches, and Fourth Amendment Reasonableness"

• Requiring a Jury Vote of Censure to Convict

• "Is Climate Change 'International'? Litigation's Diagonal Regulatory Role"

• "Strategic Bidding Investment and Investment in Final Offer Arbitration"

• "Beyond the Special Part"

• "The Case for a Carbon Tax"

• "Tax Fairness and the Tax Mix"

• "The Problem with Particularized Injury: the Disjuncture Between Broad-Based Environmental Harm and Standing Jurisprudence"

• "Corporate Voting"

• "Do Liquidated Damages Encourage Efficient Breach? A Psychological Experiment"

• "(Un)wanted Outsiders: The Debate over Excluding American and British Law Firms from a Thriving Capital Market"

• "We the (Colored) People"

• "The Liberal Constitution and Foreign Affairs"

• "War, Commerce and International Law"

• "The State of the Economy"

• "The Constitutional Legacy of the Forgotten Presidents"

• "Law, Biology, and Property: A New Theory of the Endowment Effect"

• "A Pro-Employee Supreme Court? —The Retaliation Decisions"

• Irregular Panels

• "Explain Yourself: Procedural Reasonableness in Federal Sentencing After Rita v. United States"

• "Judicial Versus Agency Interpretations of Title VII"

• Humility and Environmental Law

• "Equal Protection for Animals"

• "The Tradeoff Between Originalism and Precedent: A Consequentialist Analysis"

• "The Sting of the Long Tail: Climate Change, Backlash and the Problem of Delayed Harm"

• "Vertical Integration During the Hollywood Studio Era"

• "Implementing Retributive Damages"

• "Chevron's Foundation"

• "Are Hidden Taxes More Efficient?: On Salience and Optimal Taxation"

• "Real-Time Corporate Governance"

• "The Mechanisms of Cumulative Effects"

• "Contracts as a Transactional Course"

• "Aggregate Procedural Justice"

• "Employment Compensation Screening: When Does Paying Too Little Make Sense?"

• "Strategic Governance"

• "Political Economy at Any Speed: What Determines Traffic Citations"

• "Investment Risk and The Tax Benefit of Deferred Compensation"

• "The Influence of Firms on Government"

• "Katz at Forty: A Sociological Jurisprudence Whose Time Has Come"

• "All Together Now? Europe, the United States and the Global Climate Regime"

• "Burn Up the Chaff with Unquenchable Fire: Constructing a Sustainable Theory of Judicial Regulatory Power Over Pleading Norms"

• "The Roles of Standardization, Certification, and Assurance Services in Global Commerce"

• "Human Capital Accumulation and the Expansion of Women’s Property Rights"

• "A Problem of Remedy: Responding to Treasury's (Lack of) Adherence to Administative Procedure Act Rulemaking Requirements (Rossi)"

• "Why the Motion to Dismiss is Now Unconstitutional (Wexler)"

• "The Morality of Mercy"

• "Automobile Emissions and Climate Change Impacts: Employing Public Nuisance Doctrine as Part of a “Global Warming Solution” in California"

• "What Distributive Principles Should Guide Punishment?"

• "A Norms Approach to Jury 'Nullification': Interests, Values and Scripts"

• "State Constitutionalism and the Scope of Judicial Review"

• "Beyond "No Net Loss": Prospects for Long-Term Success of Wetland Mitigation Sites"

• "Unexplainable on Grounds of Race: Doubts About Yick Wo"

• "The Killing Fields: Reducing the Casualties in the Battle Between U.S. Species Protection Law and U.S. Pesticide Law"

• "Optimal Political Control of the Bureaucracy"

• "The Law Market

• "The History of Liberty"

• "Dissolving Water's Regulatory Compartmentalization: Using Marine Biodiversity to Get Beyond Water Law, the Clean Water Act, and the Endangered Species Act"

• "Fairness and Federalism in Taxation"

• "Regulating Resource Curses: Using Institutional Theory to Assess the Kimberly Process"

• "Qualified Immunity in the Eleventh Circuit: Is There Hope?"

• "Antiterrorism Enforcement"

• "Against Freedom of Commercial Expression"

• "Climate Change and the Endangered Species Act"

• "Strategic Governance"

• "Principles of the Law of Software Contracts"

• "Harnessing the " Invisible Hand" to Foster Tax Compliance"

• "The Pros and Cons of Strengthening Intellectual Property Protection: Technological Protections Measures and Section 1201 of the U.S. Copyright Act"

• "Torts, Class Actions, Crime, Corporate Governance"

• "Tort Law and Moral Luck"

• "'Futures' Cases: Liability for Increased Risk of Disease"

• "Crime, Death Penalty, Tort Reform"

• "Custom in International Law: A Normative Practice Account"

• "Friends With Benefits"

• "Upside Down? Responsibility for Harm in the Post 9-11 Tort Reform World"

• "Corporate Finance, Corporate Governance, Political Economy"

• "Corporate Finance, Bankruptcy, Contracts"

• "Lillich Memorial Lecture"

• "What is Law (And Why Should We Care)?"

• "Venture Capital, Corporate Finance, Comparative Corporate Law"

• "Congressional Agency Control: The Impact of Statuatory Partisan Requirements on Regulation"

• "Two Conceptions of Emotion in Risk Regulation"

• Distinguished Lecture in Environmental Law

• "Regulatory Agendas in Political Transitions"

• "Tort Reform, Education Law, Litigation"

• "The Fourteenth Amendment's Mandate of Equal Citizenship"

• "FDA Preemption: When Tort Law Meets the Administrative State"

• "The Takings Clause, Version 2005: The Legal Process of Constitutional Property Rights"

• "Bankruptcy Bondage"

• "What Privacy Regulation Can Learn From Environmental Law"

• "Regulating Health Care Quality in an Information Age"

• Journal of Land Use and Environmental Law Distinguished Lecture

• "Exploding the Class Action Agency Costs Myth: The Social Utility of Entrepreneurial Lawyers"

• "Size Matters: Regulating Nanotechnology"

• "Unratified Treaties, Domestic Politics, and the U.S. Constitution"

• "Who Writes the Rules for Hostile Takeovers, and Why? – The Peculiar Divergence of US and UK Takeover Regulation"

• "Getting Past Citizenship"

• "Connecting Landscapes: What Wildlife Crossings Might Teach Us About Boundaries"

• "Treaties as Law of the Land: Towards a Clear Statement Rule"

• "Family Matters: The Family-State Relationship and Our Liberal Democratic Ideals"

• "FDA Preemption: When Tort Law Meets the Administrative State"

• "The Takings Clause, Version 2005: The Legal Process of Constitutional Property Rights"

• "Bankruptcy Bondage"

• "What Privacy Regulation Can Learn From Environmental Law"

• "Regulating Health Care Quality in an Information Age"

• Journal of Land Use and Environmental Law Distinguished Lecture

• "Exploding the Class Action Agency Costs Myth: The Social Utility of Entrepreneurial Lawyers"

• "Size Matters: Regulating Nanotechnology"

• "Unratified Treaties, Domestic Politics, and the U.S. Constitution"

• "Who Write the Rules for Hostile Takeovers, and Why? – The Peculiar Divergence of US and UK Takeover Regulation"

• "Getting Past Citizenship"

• "Connecting Landscapes: What Wildlife Crossings Might Teach Us About Boundaries"

• "Treaties as Law of the Land: Towards a Clear Statement Rule"

• "Family Matters: The Family-State Relationship and Our Liberal Democratic Ideals"

• "Substitutable Protections: Socioeconomic Vulnerabilities and Credible Commitment Devices"

• "Incomplete Contracts and Opportunism in Franchising Agreements: The Role of Termination Clauses"

• "Reasons and Vertical Judicial Deference in Antitrust Law"

• "Sentencing “Similarly Situated” Offenders: Dealing with the Irreconcilable"

• "Allowing Girls to Hold Up Half the Sky: Combing Norm Shifting and Economic Incentives to Combat Daughter Discrimination in China"

• "A Principled Approach to Concurrent Causation in Insurance Cases"

• "Luck or Law? The Constitutional Argument Against Indeterminate Sentencing Schemes"

• "The Price of Progress: Are Universities Adding to the Cost?"

• "Agency Self-Regulation"

• "Auditing the Court: Congressional Oversight of Supreme Court Decision-Making"

• "Private Debt and the Missing Lever of Corporate Governance"

• "A Proposal for the (Non?) Taxation of Risk-Based Returns Inside Variable Insurance Products"

• "The Heavens or the Abyss: Judicial Review and its Discontent"

• "Like of Unlike? Resolving WTO Challenges to Domestic Regulation"

• "Regulatory Feminism"

• "The Bad Man Goes To Washington : The Effect of Political Influence on Corporate Duty"

• "Defining Corruption Through White Collar Crime"

• "It Might Have Been: Risk, Precaution, and Opportunity Cost"

• "The States as Laboratory: Legal Innovation and State Competition for Corporate Charters"

• "Uses and Abuses of Empirical Evidence in the Death Penalty Debate"

• "The Law and Policy of Ecosystem Management"

• "Contractarianism as the Site of Justice"

• "Science, Policy, and Regulatory Peer Review"

• "NetWork: The Law and Economics of Trade in Services"

• "Why Evolutionary Biology is (so far) Irrelevant to Law"

• "Thirst: The History and Policy of Drinking Water"

• "Punitive Damages: From Myth to Theory"

• "Private Life of Public Law"

• "A Philosophical Argument Against the Death Penalty"

• "Predatory Lending and the Military: The Law and Geography of "Payday" Loans in Military Towns"

• "Responding to Changed Conditions in the Conservation Easement Context"

• "Judicial Discretion to Condition"

• "Rediscovering the Common Law in the Age of the Federal Regulatory State"

• "The Art of Reading Lochner"

• "The Placebo Effect of Law"

• "FSU Diabetes Treatments and Moral Hazard"

• New Formalism and Trade Usages in Contract Interpretation

• "Bad Acts, Blameworthy Agents, and Intentional Actions: Some Problems for Jury Impartiality"

• "The Conundrum of Corporate Governance"

• "Measuring the Consequences of Jury Trial"

• "Adapt or Optimize the Law? Psychology and Economics in the Legal Process"

• "Philosophical Foundations of Labor Law"

• "What's Wrong with Compelled Associations?"

• "Abusing "Duty"

• "Reputational Penalties and the Merits of Class Action Securities Litigation"

• "Quo Vadis? Federal Criminal Sentencing after Booker and Fanfan"

• "Virture Jurisprudence: An Aretaic Theory of Law"

• "Judicial and Extrajudicial Executions: What the UN can and can't do to stop them"

• Symposium on Default Rules in Private and Public Law

• Presidential Transitions

• "Punishing Children in the Criminal Law"

• "The Juridification of Politics in the United States and Europe: Historica Roots, Contemporary Debates and Future Prospects"

• "Discourse Failure: A Philosophical Essay on Deliberation, Democracy and Consent."

• "Transaction Surveillance by the Government."

• "Partnership Mergers and Mixing Bowls."

• "A Rationale for the Charitable Tax Exemption."

• "Court Congestion as an Explanation for Rising Attorney Fees," and "DataWatch Column."

• "Shakedown at Gucci Gulch: A Tale of Death, Money & Taxes."

• "Optimal Deterrence and Corporate Tax Shelters."

• "Westway and the Challenges of Regulatory Fragmentation."

• "BMW v. Gore: In praise of a New Chestnut."

• "Wetland Federalism."

• "The Stevens-Scalia Principle: Statutory Conversations and the Strict Plain Meaning Approach."

• "The Morals and Politics of Adversary Lawyers"

• "Common Law Disclosure Duties and the Sin of Omission: Testing the Meta-theories."

• "The Story of the Calvert Cliffs Case."

• "The Law and Policy of Ecosystem Services."

• "Cost-Benefit Analysis as a Neutral Principle."

• "A Comparative Perspective on the Police Code of Silence."

• "Return of the Great Writ: Judicial Review of the Detention of Alleged Terrorists as Enemy Combatants."

• "Deregulation and the Incomplete Regulatory Contract."

• "Connecting Business Ethics and Legal Ethics for the Common Good: Come, Let Us Reason Together."

• "The Bankruptcy Trustee's Power to Avoid Regulated Transfers After BFP v. Resolution Trust Corp."

• "Unconfounding Intuitions about Corrective and Distributive Justice"

• "The Investor Control Doctrine: A Model for Limiting Tax-Advantaged Investment Transactions"

• "Why Agencies Act: Rational, Psychological and Institutional Influences on Agency Decisions to Regulate"

Thursday, January 8: Bob Keohane, Duke University Department of Political Science.

• Topic: "Preventive War: A Cosmopolitan Institutional Proposal"

Tuesday, January 13: Mitu Gulati, Georgetown University Law Center (short-course visiting professor at FSU).

• Topic: "Who Would Win a Tournament of Judges?"

Friday, January 16: Jeffrey Rosen, George Washington University Law Center.

• Topic: "Balancing Liberty and Security in an Anxious Age." Topic: Epilogue.

Thursday, January 22: Kimberly Krawiec, University of North Carolina School of Law (short-course visiting professor at FSU).

• Topic: "The Penalty Default Canon." Topic: Abstract

Thursday, January 29: Jennifer Mnookin, University of Virginia School of Law.

• Topic: "Atomism, Holism and the Law of Evidence."

Tuesday, February 3: Alyson Flournoy, University of Florida.

• Topic: "Discovering Values in Regulation."

Thursday, February 5: Scott Baker, University of North Carolina School of Law.

• Topic: "The Partnership Penalty."

Friday, February 13: Ronald Krotoszynski, Washington & Lee.

• Topic: "The Nondelegation Doctrine Revisited: Universal Service and the Power to Tax."

Monday, February 16: Dorothy Roberts, Northwestern Law School (Annual Mason Ladd Lecturer).

• Topic: "Measuring the Social and Moral Cost of Mass Incarceration in African American Communities."

Tuesday, February 24: Lee Breckenridge, Northeastern University Law School (Journal of Land Use and Environmental Law Lecturer).

• Topic: "Water Rights and Biological Integrity."

Thursday, March 4: Bill Page, University of Florida.

• Topic: "Economic Authority and the Limits of Expertise in Antitrust Cases." Topic:Abstract. Topic: Summary

Thursday, March 18: Eric Posner, University of Chicago Law School.

• Topic: "A Theory of International Adjudication."

Monday, March 22: Eric Talley, University of Southern California Law Center.

• Topic: "Experimental Study of Law."

March 26-27: Symposium: The Behavioral Analysis of Legal Institutions (Florida State University Law Review, coordinated by Professor Gregory Mitchell)

Monday, March 29: Edward Beiser, Brown University.

• Topic: "Informed Consent."

Thursday, April 1: Randy Barnett, Boston University Law School.

• Topic: "Lawrence v. Texas and Justice Kennedy's Libertarian Revolution"; and Chapter 10 of Restoring the Constitution.

Thursday, April 8: Lynn Baker, University of Texas School of Law.

• Topic: "Federalism and the Spending Power."

Wednesday, April 14: Keith Sharfman, Rutgers-Newark Law School (visiting professor at FSU).

• Topic: "Suing Derivatively on Behalf of a Bankruptcy Estate."

• "Methodology and the Endangered Species Act."

• "Judicial(/Judicious) Use of Metaphors for New Technologies."

• "Abstract Formalism v. Contextual Interpretation: Some Thoughts on Article 2 and UCC Methodology."

• "Water Conflicts and Local Policy Networks."

• "Promise Enforcement: Can the Lessons of Hundertwasser and Rousseau Save Affordable Housing in the United States?."

• "Priceless: Life, Health, Nature, and Other Stuff You Can't Buy." Chapter 4 Priceless: Of Knowing the Price of Everything and the Value of Nothing (with Frank Ackerman, forthcoming New Press, 2004); additional background from table of contents, chapter 1, and chapter 9.

• "Bankruptcy's Role in Debt Relief."

• "Extending Enforcement Rights to Assignees of Lost, Destroyed, or Stolen Negotiable Instruments Under UCC Article 3: A Proposal For Reform."

• "Hyper-rationality in the Age of Chaos: The Case of the U.S. Army Corps of Engineers."

• "Lessons from the United Nations Compensation Commission for Claims Arising Out of the 1990 Gulf War."

• "The Separation of Powers and the Constitutional Law of Sentencing."

• "Regulatory Takings as Conflicts Between Private and Public Property Regimes."

• "Is Fox in the Henhouse? Empirical Evidence on Media Conglomerates and Bias in Movie Reviews."

• "Global Justice and Free Trade."

• "Felony Jury Sentencing in Practice: A Three-State Study."

• "The Uneasy Case for National ID Cards as a Means to Enhance Privacy."

• "Re-thinking Slavery." Read Abstract, Read Paper.

• "The Medical School Preceptorship Model and Legal Education."

• "Stale Wills."

• "A New Direction for LLC Research in a Contractarian Legal Environment."

• "The Friendship of the People": Citizen Participation in Regulatory Enforcement.

• "Evenhanded Inequality: Reclaiming the Civil Rights Foundations of the ADA."

• "Fairness Norms and Corporate Governance."

• "Cultivating an Active Learning Environment in the Classroom."

• "Market Rights and the Rule of Law."

• "Inclusion of Underrepresented Populations in Clinical Research: Balancing Benefits and Burdens,"

• "Presidential Constitutional Interpretation."

• "Citizen Warranties."

• "Testing the Focal Point Theory of Expressive Law: A Pilot Experiment."

• "Acting Intentionally: Probing Folk Notions."

• "Kant, Intervention, and Trade: A Response to my European Critics."

• "The Culture of Legal Denial."

• "Thoughts on the War Powers Resolution."

• "Organizational Choices of Professional Services Firms: An Empirical Study."

• "What Is a Corporation?"

• "Limiting Liability Through Bankruptcy."

• "Revised Article 9 and the Competing Visions of Business Bankruptcy."

• "Comparing Systems for Taxing Wealth Transfers (and Why We Should Get Rid of the Generation-Skipping Tax)."

• "Democracy, Equality, and Taxes."

• "The Book of Genesis."

• "Topic TBA"

• "Fish, Farms, and the Clash of Cultures in the Klamath Basin."

• "Enron, Epistemology and Accountability: Regulating a Global Economy."

• "The Executive Power to Preserve"

• "Default Rules in Inheritance Law: A Problem inSearch of Its Context."

• "Atomism and Holism in the Law of Evidence."

• "Paternity?"

• Keynote Speaker: Dr. Steven Pinker (MIT Department of Cognitive and Brain Sciences), author of the popular science books The Language Instinct (Harper Collins 1995) and How the Mind Works (W.W. Norton 1997).