Rutgers University (Newark) Legal Working Paper Series
Rutgers Law School (Newark) Faculty Papers
Rutgers Law School (Newark) has a diverse and intellectually vibrant faculty, and, in addition, has consistently maintained one of the most diverse student bodies in the country and long been a pioneer in clinical legal education. This series is a repository for working papers of the Rutgers (Newark) faculty and provides a sampling of manuscripts demonstrating the strength and breadth of the faculty's scholarship. Faculty members welcome comments on their papers and trust that they will serve as a basis for future scholarship.Papers from 2007
Katrina’s Window: Localism, Re-segregation and Equitable Regionalism, David D. Troutt (August 29, 2007)
Rights, Wrongs, and Comparative Justifications, Vera Bergelson (April 16, 2007)
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. (March 15, 2007)
Reforming the Gift Tax and Making It Enforceable, Mitchell Gans and Jay A. Soled (March 1, 2007)
Solving the Lawyer Problem in Criminal Cases, George C. Thomas III (February 19, 2007)
Making Crime (Almost) Disappear, George C. Thomas III (February 12, 2007)
Chain Reaction: How Property Begets Property, Sabrina Safrin (January 22, 2007)
Papers from 2006
The Right to Be Hurt. Testing the Boundaries of Consent., Vera Bergelson (May 19, 2006)
Latino Inter-Ethnic Discrimination and the "Diversity Defense", Tanya K. Hernandez (March 30, 2006)
Standing Room Only: Why Fourth Amendment Exclusion and Standing No Longer Logically Coexist, Sherry F. Colb (March 27, 2006)
Constitutional Tipping Points: Civil Rights, Social Change, and Fact-Based Adjudication, Suzanne B. Goldberg (March 16, 2006)
Justice Story Cuts the Gordian Knot of Hung Jury Instructions, George C. Thomas III and Mark Greenbaum (January 23, 2006)
Papers from 2005
It’s Personal But Is It Mine? Toward Property Rights in Personal Information., Vera Bergelson (December 14, 2005)
Constitutional Adjudication, Civil Rights, and Social Change, Suzanne B. Goldberg (September 1, 2005)
Legislatively Revising Kelo v. City of New London: Eminent Domain, Federalism, and Congressional Powers, Bernard W. Bell (August 30, 2005)
Discretion and Criminal Law: The Good, The Bad, and the Mundane, George C. Thomas III (July 15, 2005)
Time Travel, Hovercrafts, and the Framers: James Madison Sees the Future and Rewrites the Fourth Amendment, George C. Thomas III (July 15, 2005)
On Hastening Death Without Violating Legal or Moral Prohibitions, Norman L. Cantor (July 1, 2005)
Missing Miranda's Story, A Review of Gary L. Stuart's, Miranda: The Story of America's Right to Remain Silent, George C. Thomas III (June 2, 2005)
Conditional Rights and Comparative Wrongs: More on the Theory and Application of Comparative Criminal Liability, Vera Bergelson (April 20, 2005)
Deja Vu All Over Again: The False Dichotomy Between Sanctity of Life and Quality of Life, Norman L. Cantor (April 1, 2005)
Social Security, Generational Justice, and Long-Term Deficits, Neil H. Buchanan (March 3, 2005)
Victims and Perpetrators: An Argument for Comparative Liability in Criminal Law, Vera Bergelson (February 14, 2005)
Papers from 2004
A Stag Hunt Account and Defense of Transnational Labour Standards---A Preliminary Look at the Problem, Alan Hyde (December 27, 2004)
Who Speaks for the Working Poor?: A Preliminary Look at the Emerging Tetralogy of Representation of Low-Wage Service Workers, Alan Hyde (December 27, 2004)
Employment Discrimination in a High Velocity Labor Market, Alan Hyde (December 27, 2004)
On Kamisar, Killing, and the Future of Physician-Assisted Death, Norman L. Cantor (November 9, 2004)
Hyperownership in a Time of Biotechnological Promise: The International Conflict to Control the Building Blocks of Life, Sabrina Safrin (October 31, 2004)
Trumps, Inversions, Balancing, Presumptions, Institution Prompting, and Interpretive Canons: New Ways for Adjudicating Conflicts Between Legal Norms, Carlos E. Gonzalez (September 29, 2004)
How American Workers Lost the Right to Strike, and Other Tales, James Gray Pope (September 3, 2004)
The Relation Between Autonomy-Based Rights and Profoundly Disabled Persons, Norman L. Cantor (June 22, 2004)
The Bane of Surrogate Decision Making: Defining the Best Interests of Never-Competent Persons, Norman L. Cantor (June 9, 2004)
Morals-Based Justifications for Lawmaking: Before and After Lawrence v. Texas, Suzanne B. Goldberg (May 1, 2004)
What is Fiscal Responsibility? Long-term Deficits, Generational Accounting, and Capital Budgeting, Neil H. Buchanan (April 7, 2004)
Equality Without Tiers, Suzanne Goldberg (April 2, 2004)
Wiretapping's Fruits, the First Amendment, and the Paradigms of Privacy, Bernard W. Bell (March 4, 2004)
Animals--Property or Persons?, Gary L. Francione (January 15, 2004)
Papers from 2003
Valuation Averaging: A New Procedure for Resolving Valuation Disputes, Keith Sharfman (December 1, 2003)
It's Personal but Is It Mine? Toward Property Rights in Personal Information, Vera Bergelson (November 22, 2003)
The Conviction of Andrea Yates: A Narrative of Denial, Sherry F. Colb (July 1, 2003)
Papers from 2002
Treaties in Collision: The Biosafety Protocol and the World Trade Organization Agreements, Sabrina Safrin (July 1, 2002)
Papers from 2000
The Public Justification Approach to Statutory Interpretation, Bernard W. Bell (October 16, 2000)