INDEX TO VOLUME 40 AUTHOR INDEX TO ARTICLES, COMMENTS, AND NOTES BaGaric, Mirko & CLARKE, JULIE: Tortured Responses (A Reply to Our Critics): Physically Persuading Suspects Is Morally Prefera- ble to Allowing the Innocent to Be Murdered CALKINS, STEPHEN: Civil Monetary Remedies Available to Federal An- titrust Enforcers COLEMAN, Cassie: Carpal Tunnel Syndrome Is Not an Injury in the Line of Dangerous Duty: Workers’ Compensation for Peace Of- ficers and the Need for Reform Cox, JAMes D.: The Role of Empirical Evidence in Evaluating the Wisdom of the Sarbanes-Oxley Act Davis, JOSHUA P.: Some Scholarly Consensus: Modernization of the Antitrust Laws Is Generally Best Left to the Judiciary DisaApj, Reza: From Incongruity to Cooperative Federalism Forer, ALBERT A.: Half-Time at the Antitrust Modernization Commis- sion GOKHALE, ASHWIN: Finality of Conviction, The Right to Appeal, and Deportation Under Montenegro v. Ashcroft: The Case of the Dog that Did Not Bark HEFFNER, JAMES E.: An Undue Burden on an Otherwise Feasible De- fense: California Courts’ Burden on the Defendant Moving for Summary Judgment Based on Federal Preemption in Certain Medical Device Cases HINDERLITER, JUSTINE: From Farm to Table: How This Little P1 Was Dragged Through the Market HOvENKAMP, HERBERT: Federalism and Antitrust Reform KERSHELL, HOLty: An Approach to Certification Issues in Multi-State Diversity Class Actions in Federal Court After the Class Action Fairness Act of 2005 KnNupson, Kewiy L.: California State Disability Insurance: Privatiza- tion Is the Answer to Employee Woes KOENIG, ALEXA & STEIN, JONATHAN: Lost in the Shuffle: State-Recog- nized Tribes and the Tribal Gaming Industry LANDE, Rospert H.: Five Myths About Antitrust Damages LANGEVOORT, DONALD C.: Federalism in Corporate/Securities Law: Reflections on Delaware, California, and State Regulation of In- sider Trading McKaske, Pau. L.: The European Court of Human Rights: What It Is, How It Works, and Its Future O’RourRKE, ANNE & CHAUDHRI, VIVEK & NYLAND, Curis: Torture, Slippery Slopes, Intellectual Apologists, and Ticking Bombs: An Australian Response to Bagaric and Clarke Oppie, JAMes H.: Fighting Speech with Speech: Combating Abuses of Section 527 Political Organizations with More Speech, Not Additional Regulation PRUD’HOMME, JR., J. THOMAS & Cooper, ELLEN S.: One More Chal- lenge for the AMC: Repairing the Legacy of /llinois Brick .... RuMNEY, Puiuip N.S.: Is Coercive Interrogation of Terrorist Suspects Effective? A Response to Bagaric and Clarke SANDOVAL, CATHERINE J.K.: Antitrust Law on the Borderland of Lan- guage and Market Definition: Is There a Separate Spanish-Lan- guage Radio Market? A Case Study of the Merger of Univision and Hispanic Broadcasting Corporation SCHWARTZ, LOREN: Reforming the Fair Labor Standards Act: Recog- nizing On-Call Time as a Distinct Category of Compensable Work SpykE, NANCY PERKINS: The Instrumental Value of Beauty in the Pur- suit of Justice STIGLITZ, JOSEPH E.: Federalism in Securities Regulation: An Econo- mist’s Perspective Vickers, A. LEAH: Daubert, Critique and Interpretation: What Empir- ical Studies Tell Us About the Application of Daubert WENGER, KAIMIPONO Davip: Causation and Attenuation in the Slav- ery Reparations Debate Woop, CHRISTOPHER M.: Federalism in Securities Regulation: A Brief Introduction and Reflection TITLE INDEX TO ARTICLES, COMMENTS, AND NOTES AN APPROACH TO CERTIFICATION ISSUES IN MuLtTi-STATE DIVERSITY Ciass ACTIONS IN FEDERAL CourtT AFTER THE CLASS ACTION FAIRNESS Act OF 2005. By Holly Kershell AN UNDUE BURDEN ON AN OTHERWISE FEASIBLE DEFENSE: CALIFORNIA Courts’ BURDEN ON THE DEFENDANT MOVING FOR SUMMARY JUDGMENT BASED ON FEDERAL PREEMPTION IN CERTAIN MEDICAI Device Cases. By James E. Heffner ANTITRUST LAW ON THE BORDERLAND OF LANGUAGE AND MARKET DEI INITION: IS THERE A SEPARATE SPANISH-LANGUAGE RADIO MAr- KET? A Case Stupy OF THE MERGER OF UNIVISION AND HISPANK BROADCASTING CORPORATION. By Catherine ].K. Sandoval CALIFORNIA STATE DISABILITY INSURANCE: PRIVATIZATION IS THE AN SWER TO EmpLoveE Woes. By Kelly L. Knudson CARPAL TUNNEL SYNDROME Is Nort AN INJURY IN THE LINE OF DANGER ous Duty: WORKERS’ COMPENSATION FOR PEACE OFFICERS AND rHE NEED FOR REFORM. By Cassie Coleman CAUSATION AND ATTENUATION IN THE SLAVERY REPARATIONS DEBATE. By Kaimipono David Wenger Crvit MONETARY REMEDIES AVAILABLE TO FEDERAL ANTITRUST EN FORCERS. By Stephen Calkins DAUBERT, CRITIQUE AND INTERPRETATION: WHAT EMPIRICAL STUDIES TeLL Us ABouT THE APPLICATION OF DAUBERT. By A. Leah Vickers FEDERALISM AND ANTITRUST REFORM. By Herbert Hovenkamp FEDERALISM IN CORPORATE/SECURITIES LAw: REFLECTIONS ON DELA WARE, CALIFORNIA, AND STATE REGULATION OF INSIDER TRADING. By Donald C. Langevoort FEDERALISM IN SECURITIES REGULATION: A BRIEF INTRODUCTION AND REFLECTION. By Christopher M. Wood FEDERALISM IN SECURITIES REGULATION: AN ECONOMIST’S PERSPEC- FRVK. Dy A Ee DOI hcg wen ccaeavnuensicanSaeeditnasanes’s FIGHTING SPEECH WITH SPEECH: COMBATING ABUSES OF SECTION 527 POLITICAL ORGANIZATIONS WITH More SPEECH, Not ADDITIONAI REGULATION. By James H. Oddie FINALITY OF CONVICTION, THE RIGHT TO APPEAL, AND DEPORTATION UNbDER MONTENEGRO V. ASHCROFT. THE CASE OF THE DOG THAT Dip Nor Bark. By Ashwin Gokhale Five Myrus Asout AntiTRUST DAMAGES. By Robert H. Lande From Farm to TasBLe: How Tuis LitrLe PiGGy Was DRAGGED THROUGH THE MARKET. By Justine Hinderliter FROM INCONGRUITY TO COOPERATIVE FEDERALISM. By Reza Dibad) .. HALF-TIME AT THE ANTITRUST MODERNIZATION COMMISSION. By Albert Is COERCIVE INTERROGATION OF TERRORIST SUSPECTS EFFECTIVE? A RESPONSE TO BAGARIC AND CLARKE. By Philip N.S. Rumney .... 479 LOsT IN THE SHUFFLE: STATE-RECOGNIZED TRIBES AND THE TRIBAL GAMING INpustTrRY. By Alexa Koenig & Jonathan Stein One More CHALLENGE FOR THE AMC: REPAIRING THE LEGACY OF ILLI- NoIs Brick. ByJ . Thomas Prud’‘homme, Jr. & Ellen S. Cooper .... REFORMING THE Fair LABOR STANDARDS ACT: RECOGNIZING ON-CALI TIME AS A DistiINcT CATEGORY OF COMPENSABLE Work. By Loren Schwartz SOME SCHOLARLY CONSENSUS: MODERNIZATION OF THE ANTITRUST Laws Is GENERALLY Best LEFT TO THE JUDICIARY. By Joshua P. Davis THE EUROPEAN CouRT OF HUMAN RIGHTs: WHAT I1 Works, AND Its Future. By Paul L. McKaskle THE INSTRUMENTAL VALUE OF BEAUTY IN THE PURSUIT OF JUSTICE. By Nancy Perkins Spyke THE ROLE OF EmpIRICAL EVIDENCE IN EVALUATING THE WISDOM Of} rHE SARBANES-OXLEY AcT. By James D. Cox TORTURE, SLIPPERY SLOPES, INTELLECTUAL APOLOGISTS, AND TICKING Bomss: AN AUSTRALIAN RESPONSE TO BAGARIC AND CLARKE. By inne O’Rourke & Vivek Chaudhri & Chris Nyland TORTURED RESPONSES (A REPLY TO OuR CriTICS): PHYSICALLY PER- SUADING SuspPECTS IS MORALLY PREFERABLE TO ALLOWING THE IN NOCENT TO Be Murpereb. By Mirko Bagaric ©J& ulie Clarke.... SUBJECT INDEX TO ARTICLES, COMMENTS, AND NOTES ACCOUNTING/FINANCIAL REPORTING Federalism in Securities Regulation: An Economist's Perspec- 805 The Role of Empirical Evidence in Evaluating the Wisdom of the POU PIR son Si sida epee ee aen de wedge energies 823 ACTIONS AND DEFENSES Causation and Attenuation in the Slavery Reparations Debate. 279 ADMINISTRATIVE LAW California State Disability Insurance: Privatization Is the Answer to Employee Woes AGRICULTURAL LAW From Farm to Table: How This Little Through the Market ANTITRUST LAW Antitrust Law on the Borderland of Language and Market Defi- nition: Is There a Separate Spanish-Language Radio Market? A Case Study of the Merger of Univision and Hispanic Broad- casting Corporation Civil Monetary Remedies Available to Federal Antitrust Enforc- Half-Time at the Antitrust Modernization Commission Federalism and Antitrust Reform Five Myths About Antitrust Damages One More Challenge for the AMC: Repairing the Legacy of //l- AGES INTER ee Ol Hehe arden rata ad ceeLaeined ara ae ee en Some Scholarly Consensus: Modernization of the Antitrust Laws Is Generally Best Left to the Judiciary ART LAW The Instrumental Value of Beauty in the Pursuit of Justice.... BANKING REGULATIONS Federalism in Securities Regulation: An Economist’s Perspec- CAMPAIGN FINANCE REFORM Fighting Speech with Speech: Combating Abuses of Section 527 Political Organizations with More Speech, Not Additional Regulation CIVIL PROCEDURE An Approach to Certification Issues in Multi-State Diversity Class Actions in Federal Court After the Class Action Fairness Act CE la she TR SS A RE wi wea ip wis oiehelatoeiciaa re Oke An Undue Burden on an Otherwise Feasible Defense: California Courts’ Burden on the Defendant Moving for Summary Judg- ment Based on Federal Preemption in Certain Medical De- vice Cases Daubert, Critique and Interpretation: What Empirical Studies Tell Us About the Application of Daubert CIVIL RIGHTS Causation and Attenuation in the Slavery Reparations Debate. Is Coercive Interrogation of Terrorist Suspects Effective? A Re- sponse to Bagaric and Clarke Torture, Slippery Slopes, Intellectual Apologists, and Ticking Bombs: An Australian Response to Bagaric and Clarke .... CLASS ACTIONS An Approach to Certification Issues in Multi-State Diversity Class Actions in Federal Court After the Class Action Fairness Act GOT oe ectp ecat ietee eeee e arora rare ativer ee eecerer renin Aise e siete eaters CONGRESSIONAL INTENT An Undue Burden on an Otherwise Feasible Defense: California Courts’ Burden on the Defendant Moving for Summary Judg- ment Based on Federal Preemption in Certain Medical De- vice Cases CONSTITUTIONAL AMENDMENTS Lost in the Shuffle: State-Recognized Tribes and the Tribal Gam- ing Industry CONSTITUTIONAL LAW Daubert, Critique and Interpretation: What Empirical Studies Tell Us About the Application of Daubert Fighting Speech with Speech: Combating Abuses of Section ! Political Organizations with More Speech, Not Additional Regulation Finality of Conviction, The Right to Appeal, and Deportation Under Montenegro v. Ashcroft: The Case of the Dog that Did Not Bark Lost in the Shuffle: State-Recognized Tribes and the Tribal Gam- ing Industry CONSUMER LAW Antitrust Law on the Borderland of Language and Market Defi- nition: Is There a Separate Spanish-Language Radio Market? A Case Study of the Merger of Univision and Hispanic Broad- casting Corporation COOPERATIVE FEDERALISM From Incongruity to Cooperative Federalism CORPORATE FRAUD Federalism in Corporate/Securities Law: Reflections on Dela- ware, California, and State Regulation of Insider Trading Federalism in Securities Regulation: A Brief Introduction and Reflection Federalism in Securities Regulation: An Economist’s Perspec- From Incongruity to Cooperative Federalism The Role of Empirical Evidence in Evaluating the Wisdom of the Sarbanes-Oxley Act CORPORATE LAW Antitrust Law on the Borderland of Language and Market Defi- nition: Is There a Separate Spanish-Language Radio Market? \ Case Study of the Merger of Univision and Hispanic Broad- casting Corporation Federalism in Corporate/Securities Law: Reflections on Dela- ware, California, and State Regulation of Insider Trading Federalism in Securities Regulation: A Brief Introduction and Reflection Federalism in Securities Regulation: An Economist's Perspec- From Incongruity to Cooperative Federalism Che Role of Empirical Evidence in Evaluating the Wisdom of the Sarbanes-Oxley Act CRIMINAL INVESTIGATIONS Tortured Responses (A Reply to Our Critics): Physically Persuad- ing Suspects Is Morally Preferable to Allowing the Innocent to Be Murdered CRIMINAL LAW Finality of Conviction, The Right to Appeal, and Deportation Under Montenegro v. Ashcroft. The Case of the Dog that Did Not Bark Is Coercive Interrogation of Terrorist Suspects Effective? A Re- sponse to Bagaric and Clarke Tortured Responses (A Reply to Our Critics): Physically Persuad- ing Suspects Is Morally Preferable to Allowing the Innocent to Be Murdered CRIMINAL PROCEDURE Is Coercive Interrogation of Terrorist Suspects Effective? A Re- sponse to Bagaric and Clarke DAMAGES Civil Monetary Remedies Available to Federal Antitrust Enforc- Five Myths About Antitrust Damages Half-Time at the Antitrust Modernization Commission One More Challenge for the AMC: Repairing the Legacy of Jlli- nois Brick DEMOCRACY Tortured Responses (A Reply to Our Critics): Physically Persuad- ing Suspects Is Morally Preferable to Allowing the Innocent to Be Murdered DEPORTATION Finality of Conviction, The Right to Appeal, and Deportation Under Montenegro v. Ashcroft: The Case of the Dog that Did Not Bark DETERRENCE Civil Monetary Remedies Available to Federal Antitrust Enforc- DISABILITY INSURANCE California State Disability Insurance: Privatization Is the Answer to Employee MRE COS Sha earn soe enn ociey eaten aeio e antea Lcre ane ade eer DIVERSITY JURISDICTION An Approach to Certification Issues in Multi-State Diversity Class Actions in Federal Court After the Class Action Fairness Act of 2005 ECONOMIC JURISPRUDENCE Antitrust Law on the Borderland of Language and Market Defi- nition: Is There a Separate Spanish-Language Radio Market? A Case Study of the Merger of Univision and Hispanic Broad- casting Corporation California State Disability Insurance: Privatization Is the Answer to Employee Woes One More Challenge for the AMC: Repairing the Legacy of Jili- nois Brick EMPIRICISM The Role of Empirical Evidence in Evaluating the Wisdom of the Sarbanes-Oxley Act EMPLOYEE BENEFITS Carpal Tunnel Syndrome Is Not an [Injury in the Line of Danger- ous Duty: Workers’ Compensation for Peace Officers and the Need for Reform ENVIRONMENTAL LAW The Instrumental Value of Beauty in the Pursuit of Justice.... ENVIRONMENTAL PROTECTION The Instrumental Value of Beauty in the Pursuit of Justice.... EQUAL PROTECTION Lost in the Shuffle: State-Recognized Tribes and the Tribal Gam- ing Industry ETHICS Is Coercive Interrogation of Terrorist Suspects Effective? A Re- sponse to Bagaric and Clarke Che Instrumental Value of Beauty in the Pursuit of Justice.... Torture, Slippery Slopes, Intellectual Apologists, and Ticking Bombs: An Australian Response to Bagaric and Clarke ... Tortured Responses (A Reply to Our Critics): Physically Persuad- ing Suspects Is Morally Preferable to Allowing the Innocent to Be Murdered EUROPEAN COURT OF HUMAN RIGHTS The European Court of Human Rights: What It Is, How Works, and Its Future EVIDENCE Daubert, Critique and Interpretation: What Empirical Studies Tell Us About the Application of Daubert FAIR LABOR STANDARDS ACT Reforming the Fair Labor Standards Act: Recognizing On-Call Time as a Distinct Category of Compensable Work FEDERAL PREEMPTION An Undue Burden on an Otherwise Feasible Defense: California Courts’ Burden on the Defendant Moving for Summary Judg- ment Based on Federal Preemption in Certain Medical De- vice Cases Federalism in Corporate/Securities Law: Reflections on Dela- ware, California, and State Regulation of Insider Trading From Incongruity to Cooperative Federalism FEDERALISM Federalism and Antitrust Reform Federalism in Corporate/Securities Law: Reflections on Dela- ware, California, and State Regulation of Insider Trading . Federalism in Securities Regulation: An Economist’s Perspec- From Incongruity to Cooperative Federalism Lost in the Shuffle: State-Recognized Tribes and the Tribal Gam- ing Industry Che Role of Empirical Evidence in Evaluating the Wisdom of the Sarbanes-Oxley Act FOOD DRUG COSMETIC LAW From Farm to Table: How This Litthke Piggy Was Dragged Through the Market FOURTEENTH AMENDMENT Lost in the Shuffle: State-Recognized Tribes and the Tribal Gam- ing Industry FREEDOM OF ASSOCIATION Fighting Speech with Speech: Combating Abuses of Section 527 Political Organizations with More Speech, Not Additional Regulation FREEDOM OF SPEECH Fighting Speech with Speech: Combating Abuses of Section 527 Political Organizations with More Speech, Not Additional Regulation GLOBALIZATION Federalism in Securities Regulation: An Economist’s Perspec-