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1.

The Promise and Perils of Credit Derivatives

University of Cincinnati Law Review, Vol. 75, p. 1019, 2007, U of Penn, Inst for Law & Econ Research Paper No. 06-22, U of Penn Law School, Public Law Working Paper No. 06-36, San Diego Legal Studies Paper No. 07-74
Number of pages: 33 Posted: 13 Sep 2006 Last Revised: 20 Mar 2010
Accepted Paper Series
University of Pennsylvania Law School and University of San Diego School of Law
Downloads 9,640
2.

How and Why Credit Rating Agencies are Not Like Other Gatekeepers

FINANCIAL GATEKEEPERS: CAN THEY PROTECT INVESTORS?, Yasuyuki Fuchita, Robert E. Litan, eds., Brookings Institution Press and the Nomura Institute of Capital Markets Research, 2006, San Diego Legal Studies Paper No. 07-46
Number of pages: 45 Posted: 04 May 2006
Accepted Paper Series
University of San Diego School of Law
Downloads 8,743
3.

The Paradox of Credit Ratings

U San Diego Law & Econ Research Paper No. 20
Number of pages: 23 Posted: 08 Oct 2001
Working Paper Series
University of San Diego School of Law
Downloads 5,064
4.

The Layers Principle: Internet Architecture and the Law

U San Diego Public Law Research Paper No. 55
Number of pages: 115 Posted: 16 Jun 2003
Working Paper Series
Georgetown University Law Center and Morrison & Foerster, LLP
Downloads 4,906
5.

Procedural Justice

U San Diego Law & Econ Research Paper No. 04-02; U San Diego Public Law Research Paper No. 04-02
Number of pages: 129 Posted: 26 Feb 2004
Working Paper Series
Georgetown University Law Center

Multiple version iconThere are 2 versions of this paper

Downloads 3,771
6.

Short-Termism, the Financial Crisis, and Corporate Governance

Journal of Corporation Law, Vol. 37, p. 264, 2011, San Diego Legal Studies Paper No. 12-078
Number of pages: 101 Posted: 16 Feb 2012
Accepted Paper Series
University of San Diego School of Law
Downloads 3,506
7.

Therapeutic Forgetting: The Legal and Ethical Implications of Memory Dampening

Vanderbilt Law Review, Vol. 59, p. 1561, 2006, San Diego Legal Studies Paper No. 07-37
Number of pages: 66 Posted: 02 Mar 2006 Last Revised: 14 Mar 2011
Accepted Paper Series
Brooklyn Law School
Downloads 3,031
8.

A Theory of Judicial Power and Judicial Review

Georgetown Law Journal, Vol. 97, p. 723, 2009, San Diego Legal Studies Paper No. 08-013, Washington U. School of Law Working Paper No. 08-10-03
Number of pages: 79 Posted: 24 Mar 2008 Last Revised: 20 Mar 2009
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 2,724
9.

Procedural Justice

San Diego Legal Studies Research Paper No. 06-14
Number of pages: 142 Posted: 17 Dec 2004 Last Revised: 24 Jan 2015
Accepted Paper Series
Georgetown University Law Center

Multiple version iconThere are 2 versions of this paper

Downloads 2,599
10.

The Web of Law

San Diego Legal Studies Research Paper No. 06-11
Number of pages: 39 Posted: 05 Jan 2005
Working Paper Series
University of San Diego School of Law
Downloads 2,498
11.

The Renew Deal: The Fall of Regulation and the Rise of Governance in Contemporary Legal Thought

Minnesota Law Review, Vol. 89, November 2004, San Diego Legal Studies Paper No. 07-27
Number of pages: 130 Posted: 16 May 2005
Accepted Paper Series
University of San Diego School of Law
Downloads 2,443
12.

The Origins of Judicial Review

University of Chicago Law Review, Vol. 69, Summer 2003
Number of pages: 90 Posted: 11 Aug 2003
Accepted Paper Series
University of California at Berkeley School of Law and University of Virginia School of Law
Downloads 2,221
13.

From Facebook to Mug Shot: How the Dearth of Social Networking Privacy Rights Revolutionized Online Government Surveillance

Pace Law Review, Vol. 31, No. 1, 2011
Number of pages: 92 Posted: 10 Mar 2011 Last Revised: 17 Aug 2014
Accepted Paper Series
University of San Diego School of Law
Downloads 2,181
14.

Rethinking Regulation of Credit Rating Agencies: An Institutional Investor Perspective

Council of Institutional Investors, April 2009, San Diego Legal Studies Paper No. 09-014
Number of pages: 22 Posted: 08 Jul 2009
Accepted Paper Series
University of San Diego School of Law
Downloads 2,090
15.

Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy

Columbia Law Review, Vol. 108, 2009, San Diego Legal Studies Paper No. 09-006
Number of pages: 40 Posted: 21 Jan 2009
Accepted Paper Series
University of San Diego School of Law and University of California, San Diego (UCSD) - Rady School of Management
Downloads 1,949
16.

Palestine, Uti Possidetis Juris and the Borders of Israel

Arizona Law Review, vol. 58, pages 633-692 (2016), Northwestern Public Law Research Paper No. 16-04, San Diego Legal Studies Paper No. 16-214
Number of pages: 60 Posted: 09 Mar 2016 Last Revised: 08 Oct 2016
Working Paper Series
Bar Ilan University - Faculty of Law and Northwestern University Law School
Downloads 1,930
17.

ISDA, NASD, CFMA, and SDNY: The Four Horsemen of Derivatives Regulation?

U San Diego, Public Law Research Paper No. 39
Number of pages: 53 Posted: 17 Jun 2002
Working Paper Series
University of San Diego School of Law
Downloads 1,926
18.

Deontology at the Threshold

San Diego Law Review, Vol. 37, Pp. 893-912, 2000
Number of pages: 21 Posted: 12 Dec 2000
Accepted Paper Series
University of San Diego School of Law
Downloads 1,923
19.

Constitutionalism and Democracy: Understanding the Relationship

THE IDEA OF CONSTITUTIONALISM, Steven Kautz, Arthur Melzer, Jerry Weinberger and M. Richard Zinman, eds., University of Pennsylvania Press, Forthcoming, San Diego Legal Studies Paper No. 07-121
Number of pages: 15 Posted: 09 Nov 2007
Accepted Paper Series
University of San Diego School of Law
Downloads 1,767
20.

Gap Filling, Hedge Funds, and Financial Innovation

BROOKINGS-NOMURA PAPERS ON FINANCIAL SERVICES, Yasuki Fuchita, Robert E. Litan, eds., Brookings Institution Press, 2007, Vanderbilt Law and Economics Research Paper No. 06-21, San Diego Legal Studies Paper No. 07-72
Number of pages: 62 Posted: 20 Sep 2006
Accepted Paper Series
University of San Diego School of Law and Vanderbilt University - Law School
Downloads 1,720
21.

The Legal Enforcement of Morality

BLACKWELL COMPANION TO APPLIED ETHICS, eds. R.G. Frey and C.H. Wellman, Blackwell Publishers, Forthcoming
Number of pages: 30 Posted: 30 Mar 2001
Accepted Paper Series
University of San Diego School of Law
Downloads 1,617
22.

Credit Rating Agencies and Regulatory Reform

Research Handbook on the Economics of Corporate Law, 2012, Forthcoming, San Diego Legal Studies Paper No. 12-082
Number of pages: 30 Posted: 18 Apr 2012
Accepted Paper Series
affiliation not provided to SSRN and University of San Diego School of Law
Downloads 1,570
23.

The Aretaic Turn in Constitutional Theory

Brooklyn Law Review , Vol. 70, No. 475, 2004-05, U San Diego Public Law Research Paper No. 04-03
Number of pages: 59 Posted: 05 Mar 2004 Last Revised: 19 Feb 2015
Accepted Paper Series
Georgetown University Law Center
Downloads 1,556
24.

Overdependence on Credit Ratings was a Primary Cause of the Crisis

Proceedings of the 2008 International Banking Conference: "The First Credit Market Turmoil of the 21st Century", World Scientific Publishers, 2009 , San Diego Legal Studies Paper No. 09-015
Number of pages: 19 Posted: 09 Jul 2009
Accepted Paper Series
University of San Diego School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 1,524
25.

The Philosophy of Criminal Law

THE OXFORD HANDBOOK OF JURISPRUDENCE AND LEGAL THEORY, Forthcoming
Number of pages: 88 Posted: 09 Oct 2001
Accepted Paper Series
University of San Diego School of Law
Downloads 1,494
26.

Micro-Symposium on Orin Kerr's 'A Theory of Law'

Green Bag 2d, Vol. 16, No. 2, 2013, pp. 213-226, Journal of Law: A Periodical Laboratory of Legal Scholarship, Vol. 2, No. 3, 2012, pp. 487-502, George Mason Law & Economics Research Paper No. 13-05, San Diego Legal Studies Paper No. 13-105
Number of pages: 31 Posted: 18 Jan 2013 Last Revised: 22 Sep 2013
Accepted Paper Series
Willamette University College of Law, Florida State University - College of Law, Yale University - Law School, Case Western Reserve University School of Law, Saint Louis University - School of Law, George Mason University - Antonin Scalia Law School, Faculty, University of Chicago - Law School, University of Iowa - College of Law, Washington University in St. Louis, Duke University, Pillsbury Winthrop Shaw Pittman LLP, Florida State University - College of Law, The George Washington University Law School, McGill University - Department of Political Science, Suffolk University Law School, University of San Diego School of Law, International Center for Law & Economics (ICLE), Marquette University - Law School, Independent, Notre Dame Law School, University of New Hampshire School of Law, Criminal Justice Legal Foundation, Berger & Montague, P .C. and Saint Louis University - School of Law
Downloads 1,396
27.

The Subjective Experience of Punishment

Columbia Law Review, Vol. 109, p. 182, January 2009, San Diego Legal Studies Paper No. 08-016
Number of pages: 55 Posted: 05 Feb 2008 Last Revised: 13 Dec 2012
Accepted Paper Series
Brooklyn Law School
Downloads 1,378
28.

Derivatives on TV: A Tale of Two Derivatives Debacles in Prime-Time

U San Diego Law & Econ Research Paper No. 08; U of Penn, Inst for Law & Econ Research Paper 01-04; USC Law School, Olin Research Paper No. 01-1
Number of pages: 11 Posted: 16 Feb 2001
Working Paper Series
University of Colorado Law School, University of San Diego School of Law and Duke University School of Law
Downloads 1,357
29.

Life after Bilski

Stanford Law Review, Vol. 63, pp. 1315-1347, 2011, Stanford Public Law Working Paper No. 1725009, San Diego Legal Studies Paper No. 11-046, U of Penn, Inst for Law & Econ Research Paper No. 11-02, U of Penn Law School, Public Law Research Paper No. 11-05, Villanova Law/Public Policy Research Paper No. 2012-2003
Number of pages: 68 Posted: 17 Dec 2010 Last Revised: 29 Feb 2012
Accepted Paper Series
Stanford Law School, Villanova University Charles Widger School of Law, University of San Diego School of Law and University of Pennsylvania Law School
Downloads 1,325
30.

Mexican Law and Personal Injury Cases

San Diego Legal Studies Paper No. 07-77
Number of pages: 52 Posted: 15 Nov 2006
Working Paper Series
University of San Diego School of Law
Downloads 1,240
31.

A Preliminary Inquiry into the Responsibility of Corporations and Their Directors and Officers for Corporate Climate: The Psychology of Enron's Demise

Rutgers Law Journal, Vol. 35, 2003
Number of pages: 93 Posted: 13 Nov 2002
Accepted Paper Series
University of San Diego School of Law
Downloads 1,232
32.

Globalization and the Future of Constitutional Rights

102 Northwestern University Law Review 1277 (2008), San Diego Legal Studies Paper No. 07-91
Number of pages: 74 Posted: 27 Mar 2007 Last Revised: 02 Sep 2008
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 1,225
33.

The Hollowness of the Harm Principle

U San Diego Legal Studies Research Paper No. 05-07
Number of pages: 62 Posted: 15 Sep 2004
Working Paper Series
University of San Diego School of Law
Downloads 1,209
34.

Judicial Selection: Ideology versus Character

U San Diego Public Law Research Paper No. 04-07
Number of pages: 28 Posted: 12 Mar 2004
Working Paper Series
Georgetown University Law Center
Downloads 1,192
35.

Montesquieu's Mistakes and the True Meaning of Separation

Oxford Journal of Legal Studies, Vol. 25, p. 419, 2005, U San Diego Public Law Research Paper No. 05-01
Number of pages: 33 Posted: 25 Jun 2004 Last Revised: 07 Aug 2010
Accepted Paper Series
University of San Diego School of Law
Downloads 1,143
36.

Adding Derivatives to the Corporate Law Mix

Georgia Law Review, 2000
Number of pages: 23 Posted: 19 Oct 2000
Accepted Paper Series
University of San Diego School of Law
Downloads 1,092
37.

Historical Perspectives on the Financial Crisis: Ivar Kreuger, the Credit-Rating Agencies, and Two Theories About the Function, and Dysfunction, of Markets

Yale Journal on Regulation, Vol. 26, 2009, San Diego Legal Studies Paper No. 10-009
Number of pages: 14 Posted: 03 Feb 2010
Accepted Paper Series
University of San Diego School of Law
Downloads 1,084
38.

Tax Avoidance as a Legitimate Business Purpose

San Diego Legal Studies Paper No. 08-012
Number of pages: 31 Posted: 20 Feb 2008 Last Revised: 12 Sep 2015
Working Paper Series
University of Florida - Levin College of Law
Downloads 1,074
39.

The Paralyzing Paradox of Religious Neutrality

San Diego Legal Studies Paper No. 11-060
Number of pages: 26 Posted: 18 Aug 2011
Accepted Paper Series
University of San Diego School of Law
Downloads 1,060
40.

Freedom of Expression as a Human Right

U of San Diego Public Law Research Paper No. 23
Number of pages: 91 Posted: 02 Oct 2001
Working Paper Series
University of San Diego School of Law
Downloads 1,058
41.

The New Managerialism and Diversity on Corporate Boards of Directors

Tulane Law Review, Vol. 76, 2002, Forthcoming
Number of pages: 32 Posted: 11 Jun 2002
Accepted Paper Series
University of San Diego School of Law
Downloads 1,054
42.

Generic Constitutional Law

Minnesota Law Review, Vol. 89, p. 652, 2005, San Diego Legal Studies Paper No. 05-28, Washington University in St. Louis Legal Studies Research Paper No. 11-04-04
Number of pages: 100 Posted: 22 Sep 2004 Last Revised: 30 Aug 2012
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 1,019
43.

What is the Problem of Judicial Review?

Australian Journal of Legal Philosophy, May 2006, San Diego Legal Studies Paper No. 07-03
Number of pages: 20 Posted: 22 Sep 2005
Accepted Paper Series
University of San Diego School of Law
Downloads 970
44.

A Comparative View of Standards of Proof

American Journal of Comparative Law, Vol. 50, p. 243, 2002, U of San Diego Public Law Research Paper No. 32
Number of pages: 34 Posted: 09 Oct 2001
Accepted Paper Series
Cornell University - Law School and Cornell Law School
Downloads 964
45.

Credit Default Swap Spreads as Viable Substitutes for Credit Ratings

University of Pennsylvania Law Review, Vol. 158, 2010, San Diego Legal Studies Paper No. 10-031
Number of pages: 40 Posted: 27 Aug 2010 Last Revised: 03 Sep 2010
Accepted Paper Series
University of Florida - Department of Finance, Insurance and Real Estate, University of Florida - Department of Finance, Insurance and Real Estate and University of San Diego School of Law
Downloads 957
46.

Shame

Journal of Contemporary Legal issues, Vol. 17, 2008, San Diego Legal Studies Paper No. 08-033
Number of pages: 11 Posted: 29 Jul 2008
Accepted Paper Series
University of Colorado Law School
Downloads 955
47.

Criminal Liability for Omissions: An Inventory of Issues

U of San Diego Public Law Research Paper No. 22
Number of pages: 38 Posted: 22 May 2001
Working Paper Series
University of San Diego School of Law
Downloads 946
48.

What Is Judicial Ideology, and How Should We Measure It?

29 Washington University Journal of Law and Policy 133 (2009), 3rd Annual Conference on Empirical Legal Studies Papers, San Diego Legal Studies Paper No. 08-47
Number of pages: 82 Posted: 16 Apr 2008 Last Revised: 23 Jun 2010
Accepted Paper Series
University of Virginia School of Law and Washington University in St. Louis - School of Law
Downloads 941
49.

The Law of the Platform

Minnesota Law Review, 2016, San Diego Legal Studies Paper No. 16-212
Number of pages: 56 Posted: 07 Mar 2016
Accepted Paper Series
University of San Diego School of Law
Downloads 934
50.

Barbarians at the Gatekeepers?: A Proposal for a Modified Strict Liability Regime

Washington University Law Quarterly, Vol. 79
Number of pages: 44 Posted: 27 Aug 2001
Accepted Paper Series
University of San Diego School of Law
Downloads 921