Content Posted in 2007 | bepress Legal Repository | Scholarly Research from All Areas of Law

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Content Posted in 2007

23(B)(2) Class Certification: Choosing an Approach for Certifying Civil Rights Discrimination Class Action Suits, James T. Tsai

Accessing Reproductive Technologies: Invisible Barriers, Indelible Harms, Judith F. Daar

An Economic Analysis of the Duty to Disclose Information: Lessons Learned from the Caveat Emptor Doctrine, Alex M. Johnson

Antitrust Process and Vertical Deference: Judicial Review of State Regulatory Inaction, Jim Rossi

A Proposal to Amend Rule 407 of the Federal Rules of Evidence to Conform with the Underlying Relevancy Rationale for the Rule in Negligence and Strict Liability Actions, Ralph Ruebner and Eugene Goryunov

Arbitral Injustice: Rethinking the Manifest Disregard Standard for Judicial Review of Awards, Nicholas Weiskopf

Are All ‘Legal Dollars’ Created Equal?, Doron Teichman and Yuval Feldman

A Textual-Historical Theory of the Ninth Amendment, Kurt T. Lash

At War with the Eclectics: Mapping Pragmatism in Contemporary Legal Analysis, Justin Desautels-Stein

Below the Surface: Comparing Legislative History Usage by the House of Lords and the Supreme Court, James J. Brudney

Bias, the Brain, and Student Evaluations of Teaching, Deborah J Merritt

Black, White, Brown, Green, and Fordice: The Flavor of Higher Education in Louisiana and Mississippi, Alfreda S. Diamond

Bridging the Divide between Justice Breyer’s Progressivism and Justice Scalia’s Textualism: Introducing the Concept of “Negative Originalism” to Guide Constitutional Interpretation in “Values Based” Adjudication, Adam Lamparello

Chain Reaction: How Property Begets Property, Sabrina Safrin

Child Placement Decisions: The Relevance of Facial Resemblance and Biological Relationships, David J. Herring

Civil Liberties Advocacy Organizations in Canada: A Survey and Critique, Jeremy Patrick

Civil Unions and Choice of Law: A Second Restatement Analysis of Miller-Jenkins v Miller-Jenkins, Christina N. Lambe

Claim Construction, Appeal, and the Predictability of Interpretive Regimes, Jeffrey A. Lefstin

Cold Comfort Pharmacy: Pharmacist Tort Liability for Conscientious Refusals to Dispense Emergency Contraception, Kristen Marttila Gast

Combating the Ramifications of the USA PATRIOT Act: The Standing Doctrine and the Judiciary’s True Role in the Separation of Powers Scheme , Anthony Michael Stella

Conflicts Between the Commander in Chief and Congress: Concurrent Power Over the Conduct of War, Jules Lobel

Conformity of Goods, Third Party Claims, and Buyer’s Notice of Breach under the United Nations Sales Convention ("CISG"), with Comments on the "Mussels Case," the "Stolen Automobile Case," and the "Ugandan Used Shoes Case", Harry M. Flechtner

Content on the Fly: The Growing Need for Regulation of Video Content Delivered via Cellular Telephony, Jacob M. Chapman

Controlling Family Shareholders in Developing Countries: Anchoring Relational Exchange, Ronald J. Gilson

Culture, Sovereignty, and Hollywood: UNESCO and the Future of Trade in Cultural Products, Christopher M. Bruner

Cyber-Extortion: Duties and Liabilities Related to the Elephant in the Server Room, Adam J. Sulkowski

Design Patents: An Alternative When the Low Standards of Copyright are Too High?, Ryan G. Vacca

Dialogic Allocution, Felix Valenzuela

Discrimination at Will: Job Security Protections and Equal Employment Opportunity in Conflict, Julie C. Suk

Doomsday: A Look at the Ethical Issues behind the Government's Coercive Powers in Response to a Public Health Nightmare., Jacob M. Chapman

Dueling Class Actions, Rhonda Wasserman

Election Day At The Bar, Allison Hayward

“Every Day and in Every Way, We All Are Becoming Meta and Meta," or, How Communitarian Bargaining Theory Conquered the World (of Bargaining Theory), Robert J. Condlin

Fear and Loathing in Insanity Law: Explaining the Otherwise Inexplicable Clark v. Arizona, Susan D. Rozelle

Federalism and Transnational Law: The Case of CITES Implementation in Canada, William R. MacKay

Freedom of Speech in the Changining World of Internet Domain Name Registration and Dispute Resolution: How the Increasing Influence of National Governments in Domain Name Policy Threatens Free Speech on the Internet, Sean P. Shecter

Freeing Racial Harassment from the Sexual Harassment Model, Pat K. Chew

Gender Equity in College Athletics: Women Coaches as a Case Study, Deborah L. Rhode and Christopher J. Walker

GUARDIANS ADRIFT: THE SOCIAL ANTHROPOLOGY OF THE CORPOATE GATEKEEPER PROFESSIONS, Martin McWilliams

Hemp ... Why Not?, Jared B. Kahn

How Do We Deal with This Mess? A Primer for State and Local Governments on Navigating the Legal Complexities of Debris Issues Following Mass Disasters, Ryan M. Seidemann, Megan K. Terrell, and Christopher D. Matchett

Hudson and Samson: The Roberts Court Confronts Privacy, Dignity, and the Fourth Amendment, John D. Castiglione

Imagining a Progressive and Comprehensive Consumption Tax, Sean K. Raft

[Insert Song Lyrics Here]: The Uses and Misues of Popular Music Lyrics in Legal Writing, Alex B. Long

Intent to Benefit: Individually Enforceable Rights in Treaties, Sital Kalantry

Internationalizing Copyright: How Claims of International, Extraterritorial Copyright Infringement May Be Brought in U.S. Courts, Elliot Cook

Internet 3.0: Identifying Problems and Solutions to the Network Neutrality Debate , Robert M. Frieden

Interrogation of Detainees: Extending a Hand or a Boot?, Amos N. Guiora

Is the Lack of Trusts an Impediment for Expanding Business Opportunities in Latin America?, Dante Figueroa

Judicializing Federative Power, Richard Broughton

Judicial Review and the War on Terror, John C. Yoo

Jutstice Kennedy and the Environment: Property, States' Rights, and the Search For Nexus, Michael Blumm

Katrina’s Window: Localism, Re-segregation and Equitable Regionalism, David D. Troutt

Law and Heidegger’s Question Concerning Technology: A Prolegomenon to Future Law Librarianship, Paul D. Callister

Love v. Virginia: The Constitutionality of the Marshall/Newman Amendment, Pavitra Mohan Ram

Making Bread From Broken Eggs: A Basic Recipe for Conflict Resolution Using Earned Sovereignty , Nathan P. Kirschner

Making Crime (Almost) Disappear, George C. Thomas III

Maryland Political Contribution Loopholes: History, Discussion & Options to Tackle the LLC & “Other Business Entity” Ambiguities, Jeremy D. Tunis

MySpace Isn't Your Space, Donald Carrington Davis

National Banks and Diversity Jurisdiction, Paul E. Lund

News Media’s Impact on Perceptions of the Civil Justice System, Hugh M. Robert

No Seat at the Table - How Corporate Governance and Law Keep Women Out of the Boardroom , Douglas M. Branson

Of Cops and Bumper Stickers: Notes Toward a Theory of Selective Prosecution, Richard Delgado

Of Elephants and Embryos: A Proposed Framework for Legal Personhood, Jessica Berg

Of Fine Lines, Blunt Instruments and Half-Truths: Business Acquisition Agreements and the Right to Lie, Jeffrey M. Lipshaw

Overriding Mental Health Treatment Refusals: How Much Process Is "Due"?, Samuel Jan Brakel

Pandora's Ballot Box, or a Proxy with Moxie? The Majority Voting Amendment to Delaware Corporate Law, John Verret

Paying Eliza: Comity, Contracts, and Critical Race Theory, or 19th Century Choice of Law Doctrine and the Validation of Antebellum Contracts for the Purchase and Sale of Human Beings, Diane J. Klein

Picking Up the Pieces of the Gordian Knot: Towards a Sensible Merger Methodology, Bruce A. Antkowiak

'Prima Paint' Pushed Compulsory Aribitration under the 'Erie' Train, Richard L. Barnes

Principled Consequentialism, Hamish C. Stewart

Private Copyright: Digital Rights Management Systems and the Consumer, Victor Nicholas Knipe

Prosecutors: Factors to Aid Your Filing Decisions with Respect to Fatal Traffic Collisions, Kimberly Rebecca Bird

Putative Fathers Take Note: Revisiting In re Loveheart and Revising the Rule of Notice in Dependency Proceedings in Light of Missouri's Revised Statutes and Putative Father Registry, Lauren A. Standlee

Put That in Your Thurible and Smoke It: Religious Gerrymandering of Sacramental Intoxication, Mark A. Levine

Reforming the Gift Tax and Making It Enforceable, Mitchell Gans and Jay A. Soled

Resolving Conflicts between Multilateral Environmental Agreements: The Case of the Montreal and Kyoto Protocols, Daniel G. McCabe

Rethinking Visitation: From a Parental to a Relational Right , Ayelet Blecher-Prigat

Revitalizing the Presumption Against Preemption to Prevent Regulatory Gaps: A Case Study of Judicial Tolerance of Illegal Railroad Waste Transfer Stations, Carter H. Strickland Jr.

Rights, Wrongs, and Comparative Justifications, Vera Bergelson

Rodrigo's Riposte: the Mismatch Theory of Law School Admissions, Richard Delgado

School Naming Rights and the First Amendment's Perfect Storm, Joseph Blocher

Search Me?, John Burkoff

Section 965: A Traditional Corporate Tax Policy Evaluation, Jessica c. Kornberg

Sending the Bureaucracy to War, Elena A. Baylis and David Zaring

Settlement of Disputes under the United States-Central America-Dominican Republic Free Trade Agreement, David A. Gantz

Shooting Down Hijacked Airplanes? Sorry, We’re Humanists. A Comment on the German Constitutional Court Decision of 2.15.2006, Regarding the Luftsicherheitsgesetz (2005 Air Security Act), Miguel Beltran de Felipe and Jose Maria Rodriguez de Santiago

Signed, Sealed, Delivered, and ?: The Correlation between Policy Areas, Signing, and Legal Ratification of Organization of American States’ Treaties by Member States., Alexandra R. Harrington

Solving the Lawyer Problem in Criminal Cases, George C. Thomas III

Son of Sam Resurrected: Did Greedy Criminals Unwittingly Give New Life to the “Son of Sam” Laws?, Arthur M. Ortegon

Space Program and Business in India - Legal Perspectives, Shashi Sharma

Surfing Past the Pall of Orthodoxy: Why the First Amendment Virtually Guarantees Online Law School Graduates Will Breach the ABA Accreditation Barrier, Nicholas C. Dranias

Taking Responsibility Seriously: The Best Interests of the Child and Spousal Laws, Shahar Lifshitz

Tearing Down the Great Wall – the New Generation Investment Treaties of the People’s Republic of China, Stephan W. Schill

The American Tradition of Racial Profiling, Jean Phan

The Application of Tax Treaties to Investment Funds, Niccolo Pallesi

The Assertion of Attorney Client Privilege by Counsel in Legal Malpractice Cases - Policy, Privilege and the Search for Truth in Cases Involving Implied Waivers, Lawrence M. Steckman

The Catch-22 in Prison Privatization: The Problem with the Solution, Ahmed M.T. Riaz

The Curious Complications with Back-End Opt-Out Rights, Rhonda Wasserman

The Effects of Domestic Legal Institutions on International Trade Flows, Yu Wang

The Essential Kafka: Definition, Distention, and Dilution in Legal Rhetoric, Brian K. Pinaire

The Failure of Title VII as a Rights-Claiming System, Deborah L. Brake and Joanna Grossman

The French Legal System: Laypeople and Professionals: La justice en France: Laïcs et professionnels, Vivian Grosswald Curran

The Government Giveth, and the Government Taketh Away: Patents, Takings, and 28 U.S.C. § 1498, Justin Torres

The Hidden Harm of Law and Economics, Daniel I A Cohen

The "How" of Enforcing the Fourteenth Amendment: How the Rehnquist Court's Treatment of Implementation, Not Interpretation, Is the True Post-Boerne Failing, Rebecca L. Goldberg

The Impact of Specialized Courts on Federal Judicial System 1925-1981: A Study of Federal Circuits' Decision of Reversal, Yu Wang

The Impact of Specialized Courts on the Federal Judicial System 1925-1981: A Study of Federal Circuits' Decision of Reversal, Yu Wang

The Inescapable Federalism of the Ninth Amendment, Kurt T. Lash

The Internet and the Project of Communications Law, Susan P. Crawford

The Law School Pipeline for Students of Color: What’s Constricting the Flow?, Alex M. Johnson

The Legality of the Use of White Phosphorus by the United States Military during the 2004 Fallujah Assaults, Roman O. Reyhani

The Military Abortion Ban: How 10 U.S.C. Section 1093 Violates International Standards of Reproductive Healthcare, Sabrina E. Dunlap

The Multiethnic Placement Act: Threat to Foster Child Safety and Wellbeing, David J. Herring

The Need for Software Innovation Policy, Christopher Riley

The New Direct Proximate Cause: How the U.S. Supreme Court Has Attempted to Limit Civil RICO in a Manner Congress Aimed to Protect, Gregory M. Zarin

The New Federal Indian Law, Matthew L.M. Fletcher

The People or The State?: Chisholm v. Georgia and Popular Sovereignty, Randy E. Barnett

The Price-Anderson Public Liability Action And Strict Liability, Donald E. Jose and Michael A. Garza

The Production of Law (and Cinema), Amnon Reichman

The Regulation of Judicial Ethics in the Federal System: A Peek Behind Closed Doors, Arthur Hellman

The Solomon Amendment, Expressive Associations, and Public Employment, Paul Secunda

The Structure of the Asymmetric Tax Treaty Network: Theory and Implications , Eduardo A. Baistrocchi

The Struggle for Sex Equality in Sport and the Theory behind Title IX, Deborah L. Brake

The View from the Trenches: A Report on the Breakout Sessions at the 2005 National Conference on Appellate Justice, Arthur Hellman

The View from the Trenches: A Report on the Breakout Sessions at the 2005 National Conference on Appellate Justice , Arthur Hellman

Time to Step Up: Modeling the African American Ethnivestor for Self Help Entrepreneurship in Urban America, Roger M. Groves

Transracial Adoption of Black Children: An Economic Analysis, Mary Eschelbach Hansen and Daniel Pollack

Unfulfilled Expectations: An Empirical Analysis of Why Sarbanes-Oxley Whistleblowers Rarely Win, Richard E. Moberly

Using Ethanol as a Fuel to Reenergize Free Trade Area of the Americas Negotiations, Marcel De Armas

When is the Time of Slavery? The History and Politics of Slavery in Contemporary Legal Argument, Ariela J. Gross

When Second Comes First: Correcting Patent’s Poor Secondary Incentives through an Optional Patent Purchase System, Jordan Barry

You Are Living in a Gold Rush, Richard Delgado

YouTube or YouLose? Can YouTube Survive a Copyright Infringement Lawsuit, Jason C. Breen

Yukos Risk: The Double Edged Sword, Joseph Tanega and Dmitry Gololobov