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California Western School of Law Legal Studies Research Paper Series

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1.

Forum Selling

89 Southern California Law Review 241 (2016), USC CLASS Research Paper No. 14-35, USC Law Legal Studies Paper No. 14-44, California Western School of Law Research Paper No. 16-08
Number of pages: 78 Posted: 19 Dec 2014 Last Revised: 02 Sep 2016
Accepted Paper Series
USC Gould School of Law and IIT Chicago-Kent College of Law
Downloads 662
2.

Direct Infringement on Peer-to-Peer Networks

William Mitchell Legal Studies Research Paper No. 9
Number of pages: 44 Posted: 21 Apr 2005
Working Paper Series
California Western School of Law
Downloads 593
3.

Mistakes, Changed Circumstances and Intent

Kansas Law Review, Vol. 56, No. 3, 2008
Number of pages: 44 Posted: 25 Jan 2007 Last Revised: 06 Nov 2015
Working Paper Series
California Western School of Law
Downloads 464
4.

The Software Licensing Dilemma

Brigham Young University Law Review, Vol. 2008, October 2008
Number of pages: 62 Posted: 28 Mar 2008 Last Revised: 06 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 448
5.

Internet Challenges to Business Innovation

Journal of Internet Law, Vol. 12, No. 3, August 2008
Number of pages: 6 Posted: 29 Aug 2008
Accepted Paper Series
California Western School of Law
Downloads 396
6.

The Rise of the Corporation, the Birth of Public Relations, and the Foundations of Modern Political Economy

Washburn Law Journal, Vol. 50, No. 3, 2011
Number of pages: 50 Posted: 09 Sep 2011
Accepted Paper Series
California Western School of Law
Downloads 380
7.

Ranking Law Schools Using Reported California Bar Exam Results: Some Observations and Conjectures

Number of pages: 43 Posted: 16 Jun 2012
Working Paper Series
California Western School of Law
Downloads 360
8.

Shareholder Democracy and the Economic Purpose of the Corporation

Washington and Lee Law Review, Forthcoming
Number of pages: 18 Posted: 25 May 2006
Accepted Paper Series
California Western School of Law
Downloads 343
9.

Impossibility and Impracticability

Encyclopedia of Law and Economics, Forthcoming
Number of pages: 29 Posted: 28 Jul 2009 Last Revised: 08 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 290
10.

Imposing Tort Liability on Websites for Cyberharassment

Yale Law Journal Pocket Part, Vol. 118, p. 115, 2008
Number of pages: 5 Posted: 18 Nov 2009 Last Revised: 06 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 270
11.

Website Proprietorship and Online Harassment

Utah Law Review, 2009
Number of pages: 67 Posted: 10 Mar 2009 Last Revised: 06 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 251
12.

Teaching the Newly Essential Knowledge, Skills, and Values in a Changing World

Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas & Antoinette Sedillo Lopez eds., 2015), chapter 6
Number of pages: 160 Posted: 04 Aug 2015 Last Revised: 25 May 2017
Accepted Paper Series
Elon University School of Law, Georgia State University - College of Law, St. John's University - School of Law, Drexel University Thomas R. Kline School of Law, CUNY School of Law, Georgia State University College of Law, Georgia State University College of Law, Arizona Summit Law School, Regent University - School of Law, University of Washington - School of Law, Pace Law School, University of Texas at Austin - School of Law, Columbia University - Law School, Brooklyn Law School, University of Missouri School of Law, Albany Law School, Regent University School of Law, University of San Francisco, California Western School of Law, Children's Healthcare of Atlanta, Stanford Law School, William & Mary Law School, University of Tennessee College of Law, University of California, Berkeley - School of Law, Marquette University - Law School, University of New Mexico - School of Law, University of South Carolina School of Law, New York University (NYU) - Brennan Center for Justice, Roger Williams University School of Law and Independent
Downloads 244
13.

Copyright Class War

William Mitchell Legal Studies Research Paper No. 18
Number of pages: 54 Posted: 12 May 2005
Accepted Paper Series
California Western School of Law
Downloads 241
14.

Bounded Rationality, the Doctrine of Impracticability, and the Governance of Relational Contracts

Southern California Interdisciplinary Law Journal, Vol. 13, No. 2
Number of pages: 89 Posted: 16 Sep 2005
Accepted Paper Series
California Western School of Law
Downloads 235
15.

Searching for Narcotics in San Diego: Preliminary Findings from the San Diego Search Warrant Project

California Western Law Review, Vol. 36, P. 221, Spring 2000
Number of pages: 46 Posted: 12 Oct 2000
Accepted Paper Series
California Western School of Law and Independent
Downloads 233
16.

Clicking and Cringing

Oregon Law Review, Vol. 86, No. 3, 2007
Number of pages: 68 Posted: 02 Aug 2007 Last Revised: 06 Nov 2015
Working Paper Series
California Western School of Law
Downloads 230
17.

Food Labeling and Consumer Associations with Health, Safety and Environment

44 Journal of Law, Medicine & Ethics 630-38 (2016), California Western School of Law Research Paper No. 16-15
Number of pages: 24 Posted: 01 Jun 2016 Last Revised: 19 Jan 2017
Accepted Paper Series
California Western School of Law and University of California, San Diego (UCSD)
Downloads 224
18.

Social Media & the Law, Here Comes Everybody

CEB Business Law Quarterly (A publication of the University of California & California State Bar), p. 52, Spring 2010
Number of pages: 16 Posted: 16 Aug 2014
Accepted Paper Series
New Media Rights
Downloads 217
19.

Whoosh - Declining Law School Applications and Entering Credentials: Responding with Pivot Pedagogy

International Journal of Arts and Humanities Vol. 3 No. 2; April 2017, California Western School of Law Research Paper No. 17-10
Number of pages: 22 Posted: 14 Jun 2017
Accepted Paper Series
California Western School of Law
Downloads 201
20.

Reasonable Standards for Contract Interpretation Under the CISG

Cardozo Journal of International and Comparative Law (JICL), Forthcoming, California Western School of Law Research Paper No. 17-2
Number of pages: 38 Posted: 27 Sep 2016
Accepted Paper Series
California Western School of Law
Downloads 193
21.

The Presumption of Guilt: Systemic Factors that Contribute to Ineffective Assistance of Counsel in California

California Western Law Review, Vol. 45, No. 263, 2009
Number of pages: 110 Posted: 19 Sep 2009
Accepted Paper Series
California Western School of Law
Downloads 185
22.

Copyright Infringement and Peer-to-Peer Technology

William Mitchell Law Review, Vol. 28, No. 3, p. 1001, 2002
Number of pages: 47 Posted: 23 Dec 2009
Accepted Paper Series
California Western School of Law
Downloads 178
23.

Exploitation by Wrap Contracts -- Click 'Agree'

California Bar IP Journal, New Matter, Vol. 39, no. 2, pp. 10-17 (2014)
Number of pages: 8 Posted: 02 Jul 2014
Accepted Paper Series
California Western School of Law
Downloads 178
24.

In Defense of Snooping Employers

Number of pages: 37 Posted: 13 Jul 2013 Last Revised: 03 Nov 2015
Working Paper Series
California Western School of Law
Downloads 170
25.

Linking Patent Reform and Civil Litigation Reform

47 Loy. U. Chi. L.J. 179 (2015), California Western School of Law Research Paper No. 15-03
Number of pages: 68 Posted: 23 Feb 2015 Last Revised: 20 Nov 2015
Accepted Paper Series
IIT Chicago-Kent College of Law
Downloads 168
26.

Wrap Contracts: Foundations and Ramifications

Oxford University Press, Forthcoming
Number of pages: 9 Posted: 08 Sep 2013 Last Revised: 06 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 156
27.

Internet Giants as Quasi-Governmental Actors and the Limits of Contractual Consent

80 Missouri Law Review 723 (2015), Valparaiso University Legal Studies Research Paper No. 15-3, California Western School of Law Research Paper No. 15-01
Number of pages: 58 Posted: 05 Mar 2015 Last Revised: 04 Aug 2016
Accepted Paper Series
California Western School of Law and Valparaiso University Law School
Downloads 152
28.

From Visualization to Legal Design: A Collaborative and Creative Process

American Business Law Journal, Vol. 54, No. 2, Summer 2017, p. 347-392 , California Western School of Law Research Paper No. 16-11
Number of pages: 53 Posted: 22 Sep 2016 Last Revised: 04 Sep 2017
Accepted Paper Series
University of Connecticut - School of Business - Dept. of Business Law, California Western School of Law and University of Vaasa, Department of Economics and Business Law
Downloads 147
29.

Martha Graham, Professor Miller and the Work for Hire Doctrine: Undoing the Judicial Bind Created by the Legislature

Journal of Intellectual Property Law, Vol. 13, p. 337, 2006
Number of pages: 51 Posted: 09 Aug 2005
Working Paper Series
California Western School of Law
Downloads 144
30.

The Duty to Draft Reasonably and Online Contracts

Chapter 8, in COMMERCIAL CONTRACT LAW: A TRANSATLANTIC PERSPECTIVE (eds. Larry DiMatteo, Keith Rowley, Severine Saintier, and George Zhou) (Cambridge University Press, 2012)
Number of pages: 22 Posted: 03 Nov 2012 Last Revised: 06 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 144
31.

The Supreme Court and the Trusts: Antitrust and the Foundations of Modern American Business Regulation from Knight to Swift

UC Davis Law Review, Forthcoming
Number of pages: 94 Posted: 16 Sep 2005
Accepted Paper Series
California Western School of Law
Downloads 138
32.

Transaction Costs, Contagion Effects, and the Diffusion of the Uniform Sales Act, 1906-47

1st Annual Conference on Empirical Legal Studies Paper
Number of pages: 49 Posted: 15 Sep 2005
Working Paper Series
California Western School of Law
Downloads 135
33.

A Schumpeterian View of the Great Merger Movement in American Manufacturing, 1895-1904

Number of pages: 35 Posted: 15 Sep 2005
Working Paper Series
California Western School of Law
Downloads 133
34.

Come the Revolution: Are We Finally Ready for Universal Health Insurance?

California Western Law Review, Vol. 39, p. 303, 2003
Number of pages: 20 Posted: 06 Oct 2003
Accepted Paper Series
California Western School of Law
Downloads 132
35.

'Wrap Contracts and Privacy

Association for the Advancement of Artificial Intelligence Press Technical Report SS-10-05, 2010
Number of pages: 4 Posted: 29 Mar 2010
Accepted Paper Series
California Western School of Law
Downloads 130
36.

The Illiberty of Contract

Quinnipiac Law Review, Forthcoming, California Western School of Law Research Paper No. 16-12
Number of pages: 72 Posted: 27 Sep 2016
Accepted Paper Series
California Western School of Law
Downloads 129
37.

Evolving Business and Social Norms and Interpretation Rules: The Need for a Dynamic Approach to Contract Disputes

Nebraska Law Review, Vol. 84, p. 506, 2005
Number of pages: 65 Posted: 06 May 2005 Last Revised: 06 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 128
38.

Blameworthiness, Intent and Cultural Dissonance: The Unequal Treatment of Cultural Defense Defendants

Florida Journal Law & Public Policy, Vol. 17, p. 199, 2006
Number of pages: 32 Posted: 18 Aug 2005 Last Revised: 06 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 127
39.

Contours of GMO Regulation and Labeling

SMU Science and Technology Law Review, 2017, Forthcoming, California Western School of Law Research Paper No. 17-8
Number of pages: 6 Posted: 14 Mar 2017 Last Revised: 03 May 2017
Accepted Paper Series
California Western School of Law
Downloads 121
40.

Wrap Contracting and the Online Environment: Causes and Cures

RESEARCH HANDBOOK ON ELECTRONIC COMMERCE LAW (ed. John A. Rothchild, Edward Elgar Publishing, 2016, Forthcoming), California Western School of Law Research Paper No. 15-08
Number of pages: 25 Posted: 27 Aug 2015 Last Revised: 21 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 120
41.

The Validity of the Public Rights Doctrine in Light of the Historical Rationale of the Seventh Amendment

Hastings Constitutional Law Quarterly, Vol. 21, p. 1013 (1994)
Number of pages: 36 Posted: 24 Sep 2010 Last Revised: 08 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 119
42.

Copyright Protection in the Cable Television Industry: Satellite Retransmission and the Passive Carrier Exemption

Fordham Law Review Vol. 51, No. 1983
Number of pages: 31 Posted: 01 Jul 2010
Accepted Paper Series
California Western School of Law
Downloads 108
43.

The Wrap Contract Morass

Southwestern University Law Review, Vol. 44, No. 2, p. 309, 2014
Number of pages: 17 Posted: 30 May 2015
Accepted Paper Series
California Western School of Law
Downloads 108
44.

Dietary Supplements Are Not All Safe and Not All Food: How the Low Cost of Dietary Supplements Preys on the Consumer

American Journal of Law and Medicine, Vol. 41, No. 2&3, 2015, California Western School of Law Research Paper No. 15-07
Number of pages: 21 Posted: 03 Sep 2015 Last Revised: 19 Jan 2017
Accepted Paper Series
California Western School of Law
Downloads 107
45.

What is an Accident?

51(3) Criminal Law Bulletin __ (2015 Forthcoming), California Western School of Law Research Paper No. 15-10
Number of pages: 16 Posted: 05 Nov 2014 Last Revised: 21 Nov 2015
Accepted Paper Series
California Western School of Law
Downloads 107
46.

Two Alternate Visions of Contract Law in 2025

52 Duquesne University Law Review 303 (2014)
Number of pages: 19 Posted: 02 Jul 2014
Accepted Paper Series
California Western School of Law
Downloads 106
47.

Remixing Copyright Law: How Copyright Reform Can Empower Remix Creators and Internet Users

California Western School of Law Research Paper No. 16-04
Number of pages: 29 Posted: 12 Feb 2015 Last Revised: 09 Mar 2016
Working Paper Series
Independent and New Media Rights
Downloads 104
48.

Health Care Reform in a New Political Environment: Predicting the Shape of Change

Posted: 01 May 2009
Working Paper Series
California Western School of Law
Downloads 100
49.

The Role of Contractual Enforcement and Excuse in the Governance of Relational Agreements: An Economic Analysis

Global Jurist, Vol. 2, No. 2, 2002
Number of pages: 44 Posted: 16 Sep 2005
Accepted Paper Series
California Western School of Law
Downloads 100
50.

Aggregating Defendants

41 Fla. St. U. L. Rev. 1011 (2014)
Number of pages: 56 Posted: 14 Aug 2013 Last Revised: 08 Nov 2015
Accepted Paper Series
IIT Chicago-Kent College of Law
Downloads 97