Faculty Research

This is a small archive of selected faculty research that is available on the web, intended to provide our visitors with a sampling of the fascinating endeavors in which our faculty are engaged. To find additional work by a given faculty member, please go to his or her faculty page and click "Publications."

Research Matters is a biweekly feature in which a member of the faculty talks about some of his or her latest work and its impact and relevance to law and society. To see the Q&A associated with a given work, click "Yes" in the corresponding row below. You can also sort to see which works have Research Matters pieces associated with them.

Title Authorsort icon with Added to the archive Research Matters (Q&A)
"Trade Usage in the Courts: The Flawed Evidentiary Basis of Article 2's Incorporation Strategy" Bernstein, Lisa Mar 2, 2012
"An (Un) Common Frame of Reference: An American Perspective on the Jurisprudence of the CESL" Bernstein, Lisa May 30, 2012
"Merchant Law in a Modern Economy" Bernstein, Lisa Apr 1, 2013 Yes
"Copying and Context: Tying as a Solution to the Lack of Intellectual Property Protection of Contract Terms" Bernstein, Lisa Apr 23, 2013
"Trade Usage in the Courts: The Flawed Conceptual and Evidentiary Basis of Article 2’s Incorporation Strategy" Bernstein, Lisa Dec 16, 2013
"Copying and Context: Tying as a Solution to the Lack of Intellectual Property Protection of Contract Terms" Bernstein, Lisa Jan 27, 2014
"Is There a Lingua Franca for the American Legal Academy?" Case, Mary Anne Jul 19, 2013
"Bankruptcy Step Zero" Casey, Anthony Mar 1, 2013
"Copyright in Teams" Casey, Anthony Andres Sawicki Apr 16, 2013 Yes
"The Influence of International Human Rights Agreements on Public Opinion: An Experimental Study" Chilton, Adam Mar 24, 2014
"Punitive Police? Agency Costs, Law Enforcement, and Criminal Procedure" Dharmapala, Dhammika Nuno Garoupa Aug 15, 2013
"The FTC’s Proposal for Regulating IP through SSOs Would Replace Private Coordination with Government Hold-Up" Epstein, Richard A. F. Scott Kieff and Daniel F. Spulber Aug 19, 2011
"Physical and Regulatory Takings: One Distinction Too Many" Epstein, Richard A. Mar 1, 2012
"The Perilous Position of the Rule of Law and the Administrative State" Epstein, Richard A. Feb 11, 2013
"Willpower Taxes" Fennell, Lee Jan 5, 2011
"Ostrom’s Law: Property Rights in the Commons" Fennell, Lee Jan 21, 2011
"Property and Precaution" Fennell, Lee Jun 14, 2011
"Lumpy Property" Fennell, Lee Jan 3, 2012
"Picturing Takings" Fennell, Lee Mar 20, 2012
"Resource Access Costs" Fennell, Lee Oct 1, 2012