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University of Toledo College of Law Legal Studies Research Paper Series

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1.

Regulating On-Line Peer-to-Peer Lending in the Aftermath of Dodd-Frank: In Search of an Evolving Regulatory Regime for an Evolving Industry

Washington and Lee Law Review, Forthcoming, University of Toledo Legal Studies Research Paper No. 2012-04
Number of pages: 39 Posted: 16 Nov 2011
Accepted Paper Series
University of Toledo - College of Law and University of Toledo College of Law
Downloads 796
2.

The Silent LLC Revolution - The Social Cost of Academic Neglect

Creighton Law Review Vol. 38, No. 1, Fall 2004
Number of pages: 86 Posted: 13 Nov 2004
Accepted Paper Series
University of Toledo College of Law
Downloads 722
3.

Beyond Protection: Invigorating Incentives for Sarbanes-Oxley Corporate and Securities Fraud Whistleblowers

Boston University Law Review, Vol. 87, p. 91, 2007
Number of pages: 67 Posted: 18 May 2007 Last Revised: 22 Feb 2009
Accepted Paper Series
University of Toledo College of Law
Downloads 716
4.

Data Matching, Data Mining, and Due Process

Georgia Law Review, Forthcoming
Number of pages: 86 Posted: 01 Aug 2005
Accepted Paper Series
University of Toledo - College of Law
Downloads 649
5.

Local Energy

Emory Law Journal, Vol. 60, No. 4, March-April 2011, U of Texas Law, Public Law Research Paper No. 168, Energy Center Research Paper No. 04-10, University of Toledo Legal Studies Research Paper No. 2010-13, University of Tulsa Legal Studies Research Paper No. 2010-04
Number of pages: 74 Posted: 11 Mar 2010 Last Revised: 17 Nov 2011
Accepted Paper Series
Florida State University - College of Law and Florida State University - College of Law
Downloads 498
6.

The Restatement (Third) of the Law Governing Lawyers and the Courts

Symposium, The Professional Lawyer, Vol. 115, 1997
Number of pages: 12 Posted: 16 Jul 2008
Accepted Paper Series
University of Toledo - College of Law
Downloads 497
7.

Sex Plus Age Discrimination: Protecting Older Women Workers

Denver University Law Review, Vol. 81, p. 79, 2003
Number of pages: 35 Posted: 31 Jan 2007 Last Revised: 22 Feb 2009
Accepted Paper Series
University of Toledo College of Law
Downloads 494
8.

The Judicial Restraint of the Warren Court (and Why it Matters)

Ohio State Law Journal, Vol. 69, No. 2, 2008
Number of pages: 47 Posted: 30 Jan 2007 Last Revised: 22 Feb 2009
Working Paper Series
University of Toledo College of Law
Downloads 476
9.

Mutiny by the Bounties? The Attempt to Reform Wall Street by the New Whistleblower Provisions of the Dodd-Frank Act

Brigham Young University Law Review, p. 73, 2012, University of Toledo Legal Studies Research Paper No. 2012-13
Number of pages: 81 Posted: 13 Mar 2012 Last Revised: 19 Apr 2012
Accepted Paper Series
University of Toledo College of Law
Downloads 474
10.

Legislating Advanced Directives for the Terminally Ill: The Living Will and Durable Power of Attorney

Neb. L. Rev., Vol. 63, pp. 776-809, 1984
Number of pages: 32 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Accepted Paper Series
affiliation not provided to SSRN and University of Toledo - College of Law
Downloads 446
11.

An Originalist Theory of Precedent

New Mexico Law Review, Vol. 36, p. 419, 2006
Number of pages: 68 Posted: 10 Aug 2005
Accepted Paper Series
University of Toledo College of Law
Downloads 437
12.

Unmanned Aerial Exposure: Civil Liability Concerns Arising from Domestic Law Enforcement Employment of Unmanned Aerial Systems

North Dakota Law Review, Vol. 85, pp. 623-648, 2009, University of Toledo Legal Studies Research Paper No. 2010-08
Number of pages: 27 Posted: 30 Mar 2010 Last Revised: 14 Dec 2012
Accepted Paper Series
University of Toledo College of Law
Downloads 435
13.

Democratic Constitutionalism and the Affordable Care Act

72 Ohio St. L.J. 1367 (2011), University of Toledo Legal Studies Research Paper No. 2012-07
Number of pages: 41 Posted: 08 Feb 2012
Accepted Paper Series
University of Toledo College of Law
Downloads 419
14.

Gouging: Terrorist Attacks, Hurricanes, and the Legal and Economic Aspects of Post-Disaster Price Regulation

Kentucky Law Journal, Vol. 94, p. 535, 2005-2006
Number of pages: 27 Posted: 21 Sep 2005 Last Revised: 22 Feb 2009
Accepted Paper Series
University of Toledo College of Law
Downloads 399
15.

Originalism, the Declaration of Independence, and the Constitution: A Unique Role in Constitutional Interpretation?

Lee J. Strang, Originalism, The Declaration of Independence, and the Constitution: A Unique Role in Constitutional Interpretation?, 111 Penn. St. L. Rev. 413 (2006)
Number of pages: 67 Posted: 24 Aug 2006 Last Revised: 03 May 2012
Accepted Paper Series
University of Toledo College of Law
Downloads 386
16.

Collaboration Theory: A Theory of the Charitable Tax Exempt Nonprofit Corporation

UC Davis Law Review, Vol. 49, No. 5, 2016, University of Toledo Legal Studies Research Paper No. 2015-20
Number of pages: 54 Posted: 24 Nov 2015 Last Revised: 13 Jun 2017
Accepted Paper Series
University of Toledo - College of Law
Downloads 367
17.

The Special Problem of Banks and Crime

85 University of Colorado Law Review 1 (2014), University of Toledo Legal Studies Research Paper No. 2013-15
Number of pages: 52 Posted: 05 Jul 2013 Last Revised: 20 Aug 2014
Accepted Paper Series
University of Toledo College of Law
Downloads 326
18.

Answering the Call to Reinvent Legal Education: The Need to Incorporate Practical Business and Transactional Skills Training into the Curricula of America's Law Schools

Stanford Journal of Law, Business, and Finance, Vol. 20, 2015, University of Toledo Legal Studies Research Paper No. 2015-17
Number of pages: 58 Posted: 27 Sep 2015 Last Revised: 23 Jun 2017
Accepted Paper Series
University of Toledo - College of Law
Downloads 311
19.

Popular Originalism? The Tea Party Movement and Constitutional Theory

University of Toledo Legal Studies Research Paper No. 2011-09
Number of pages: 27 Posted: 10 Aug 2011
Working Paper Series
University of Toledo College of Law
Downloads 301
20.

The Wrong Line between Freedom and Restraint: The Unreality, Obscurity, and Incivility of the Fourth Amendment Consensual Encounter Doctrine

San Diego Law Review, Vol. 38, No. 2, Spring 2001
Number of pages: 58 Posted: 06 Aug 2001 Last Revised: 18 Dec 2012
Accepted Paper Series
University of Toledo - College of Law
Downloads 297
21.

The Wreckage of Recklessness

Washington University Law Review, Vol. 86, 2008
Number of pages: 70 Posted: 13 Mar 2008 Last Revised: 19 Jun 2009
Accepted Paper Series
University of Toledo College of Law
Downloads 294
22.

Trial Bargaining

Iowa Law Review, Vol. 101, 2016, University of Toledo Legal Studies Research Paper No. 2014-20
Number of pages: 48 Posted: 18 Sep 2014 Last Revised: 17 Jan 2016
Working Paper Series
University of Toledo College of Law
Downloads 289
23.

Corporate Tax Avoidance and Honoring the Fiduciary Duties Owed to the Corporation and Its Stockholders

Boston College Law Review, Forthcoming, Georgia Tech Scheller College of Business Research Paper No. 17-16
Number of pages: 46 Posted: 04 Apr 2017 Last Revised: 19 Jun 2017
Working Paper Series
University of Toledo - College of Law and Georgia Institute of Technology - Scheller College of Business
Downloads 287
24.

Human Cloning: The Role of Law

University of Toledo Law Review, Vol. 32, No. 3, Spring 2001
Number of pages: 13 Posted: 15 Jan 2002 Last Revised: 25 May 2014
Accepted Paper Series
University of Toledo - College of Law
Downloads 287
25.

The Public Trust Doctrine and the Great Lakes Shores

Cleveland State Law Review, Vol. 58, No. 1, 2010, University of Toledo Legal Studies Research Paper No. 2010-09
Number of pages: 59 Posted: 11 May 2010 Last Revised: 03 Feb 2012
Accepted Paper Series
University of Toledo College of Law
Downloads 268
26.

In Defense of Client-Lawyer Confidentiality... And its Exceptions ...

Nebraska Law Review, Vol. 81, 2003
Number of pages: 32 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Accepted Paper Series
University of Toledo - College of Law
Downloads 264
27.

Suicide, Concussions, and the NFL

8 FIU Law Review 2013, University of Toledo Legal Studies Research Paper No. 2013-07
Number of pages: 14 Posted: 15 Mar 2013 Last Revised: 18 Jun 2013
Accepted Paper Series
University of Toledo College of Law
Downloads 264
28.

The Role of the Common Good in Legal and Constitutional Interpretation

University of St. Thomas Law Journal, Vol. 3, No. 1, p. 48, Summer 2005
Number of pages: 55 Posted: 22 Sep 2005
Accepted Paper Series
University of Toledo College of Law
Downloads 257
29.

Originalism as Popular Constitutionalism?: Theoretical Possibilities and Practical Differences

Notre Dame Law Review, Vol. 87, No. 1, 2011, University of Toledo Legal Studies Research Paper No. 2010-16
Number of pages: 37 Posted: 14 Aug 2010 Last Revised: 17 Jul 2011
Accepted Paper Series
University of Toledo College of Law
Downloads 256
30.

Informed Consent in the Practice of Law

George Washington Law Review, Vol. 48, 1980
Number of pages: 48 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Accepted Paper Series
University of Toledo - College of Law
Downloads 254
31.

Dormancy

Georgetown Law Journal, Forthcoming, University of Toledo Legal Studies Research Paper No. 2011-08
Number of pages: 63 Posted: 16 Jan 2011 Last Revised: 07 Jun 2012
Working Paper Series
Florida State University - College of Law
Downloads 242
32.

False Claims, Not Securities Fraud: Towards Corporate Governance by Whistleblowers

Nexus Journal of Law & Policy, Vol. 15, No. 55, 2010, University of Toledo Legal Studies Research Paper No. 2010-17
Number of pages: 12 Posted: 07 Sep 2010
Accepted Paper Series
University of Toledo College of Law
Downloads 242
33.

Debunking the Market Myth in Pay Discrimination Cases

Georgetown Journal of Gender and the Law, Vol. 12, No. 2, 2011, University of Toledo Legal Studies Research Paper No. 2011-07
Number of pages: 54 Posted: 25 Jul 2011
Accepted Paper Series
University of Toledo College of Law and United States Courts
Downloads 240
34.

Damages as the Appropriate Remedy for 'Abuse' of an Easement: Moving Toward Consistency, Efficiency, and Fairness in Property Law

George Mason Law Review, Forthcoming, MSU Legal Studies Research Paper No. 05-05
Number of pages: 42 Posted: 31 Aug 2007
Accepted Paper Series
University of Toledo College of Law
Downloads 238
35.

An Interdisciplinary Analysis of the Use of Ethical Intuition in Legal Compliance Decision Making for Business Entities

Maryland Law Review, Vol. 74, No. 3, 2015, University of Toledo Legal Studies Research Paper No. 2015-03
Number of pages: 50 Posted: 21 Aug 2015 Last Revised: 12 Nov 2015
Accepted Paper Series
University of Toledo - College of Law
Downloads 232
36.

Re-Defining Superwoman: An Essay on Overcoming the Maternal Wall in the Legal Workplace

Duke Journal of Gender Law & Policy, Vol. 13, p. 55, 2006
Number of pages: 31 Posted: 28 Jan 2007 Last Revised: 22 Feb 2009
Accepted Paper Series
University of Toledo College of Law
Downloads 221
37.

American Diversity in International Arbitration 2003-2013 (Pre-Publication Draft)

University of Toledo Legal Studies Research Paper No. 2014-03
Number of pages: 39 Posted: 15 Dec 2013 Last Revised: 30 Apr 2014
Working Paper Series
University of Toledo College of Law
Downloads 216
38.

The Death and Rebirth of Codes of Legal Ethics: How Neuroscientific Evidence of Intuition and Emotion in Moral Decision Making Should Impact the Regulation of the Practice of Law

Georgetown Journal of Legal Ethics, Vol. 28, 2015, University of Toledo Legal Studies Research Paper No. 2015-14
Number of pages: 47 Posted: 21 Aug 2015 Last Revised: 12 Nov 2015
Accepted Paper Series
University of Toledo - College of Law
Downloads 216
39.

An Oak Is an Oak Is an Oak Is an Oak: The Disappointing Entrenchment in Halliburton Co. v. Erica P. John Fund of the Implied Private Right of Action Under Section 10(b) and Rule 10b-5

NYU Journal of Law & Liberty, Vol. 1, No. 1, 2015, University of Toledo Legal Studies Research Paper No. 2015-07
Number of pages: 17 Posted: 20 Aug 2015 Last Revised: 25 Apr 2017
Accepted Paper Series
University of Toledo - College of Law
Downloads 210
40.

Affirmative Injunctions in Athletic Employment Contracts: Rethinking the Place of the Lumley Rule in American Sports Law

Marquette Sports Law Review, Vol. 16, p. 261, 2006
Number of pages: 26 Posted: 21 Sep 2005 Last Revised: 22 Feb 2009
Accepted Paper Series
University of Toledo College of Law
Downloads 207
41.

Neither Joint Nor Several: Orphan Shares and Private CERCLA Actions

Environmental Law, Vol. 41, pp. 1045-1089, 2011, University of Toledo Legal Studies Research Paper No. 2012-01
Number of pages: 46 Posted: 25 Jan 2012
Accepted Paper Series
University of Toledo College of Law
Downloads 196
42.

The New ADA Backlash

Tennessee Law Review, Forthcoming, University of Toledo Legal Studies Research Paper No. 2014-07
Number of pages: 67 Posted: 23 Feb 2014 Last Revised: 07 May 2014
Accepted Paper Series
University of Toledo College of Law
Downloads 195
43.

Public Sector Labor Law in the Age of Obama

Indiana Law Journal, Vol. 87, No. 1, 2012, University of Toledo Legal Studies Research Paper No. 2012-03
Number of pages: 42 Posted: 27 Feb 2012
Accepted Paper Series
University of Toledo College of Law
Downloads 187
44.

Required Request for Organ Donation: Moral, Clinical and Legal Problems

Hastings Center Report, Vol. 18, No. 27, 1988, Required Request Revisited, Hastings Center Report, Vol. 19, No. 44, March/April 1989
Number of pages: 16 Posted: 16 Jul 2008
Accepted Paper Series
University of Toledo - College of Law, University of Toledo and affiliation not provided to SSRN
Downloads 187
45.

Submerged Precedent

Nevada Law Journal, Vol. 16, p. 515, 2016, University of Toledo Legal Studies Research Paper No. 2016-01
Number of pages: 118 Posted: 17 Jan 2016
Accepted Paper Series
University of Toledo College of Law
Downloads 181
46.

Originalism and the Aristotelian Tradition: Virtue’s Home in Originalism

Fordham Law Review, Vol. 80, No. 5, p. 1997, 2012, University of Toledo Legal Studies Research Paper No. 2011-03
Number of pages: 44 Posted: 20 Aug 2011 Last Revised: 10 May 2012
Accepted Paper Series
University of Toledo College of Law
Downloads 176
47.

Interest Arbitration as Alternative Dispute Resolution: The History from 1919 to 2011

28 Ohio State Journal of Dispute Resolution 387 (2013), University of Toledo Legal Studies Research Paper No. 2013-11
Number of pages: 33 Posted: 29 Apr 2013 Last Revised: 18 Jun 2013
Accepted Paper Series
University of Toledo College of Law
Downloads 175
48.

The Most Faithful Originalist?: Justice Thomas, Justice Scalia, and the Future of Originalism

University of Detroit Mercy Law Review, Vol. 88, 2011, University of Toledo Legal Studies Research Paper No. 2012-05
Number of pages: 11 Posted: 06 Mar 2012
Accepted Paper Series
University of Toledo College of Law
Downloads 174
49.

Preemption in Congress

Ohio State Law Journal, Vol. 71, No. 3, p. 511, 2010, U of Texas Law, Public Law Research Paper No. 159
Number of pages: 98 Posted: 12 Sep 2009 Last Revised: 03 Jan 2011
Working Paper Series
Florida State University - College of Law
Downloads 169
50.

Accidental Clients

Hofstra Law Review, Vol. 33 p. 913, March 2006
Number of pages: 43 Posted: 14 Apr 2005 Last Revised: 11 May 2012
Accepted Paper Series
University of Toledo - College of Law
Downloads 166