Papers from 2013
Reading, Writing, and Questions in Advance: Teaching English Legal History, Daniel M. Klerman
Meaning and Belief in Constitutional Interpretation, Andrei Marmor
Varieties of Vagueness in the Law, Andrei Marmor
Overcoming Writer's Block and Procrastination for Attorneys, Law Students, and Law Professors, David A. Rasch and Meehan Rasch
Understanding the Procrastination Cycle, Meehan Rasch and David A. Rasch
Papers from 2012
Engendering Rape, Kim S. Buchanan
Repealing Rights: Proposition 8, Perry, and Crawford Contextualized, David B. Cruz
Law, Power, and "Rumors of War": Robert Jackson Confronts Law and Security After Nuremberg, Mary L. Dudziak
War-Time: An Idea, Its History, Its Consequences, Mary L. Dudziak
Campaign Finance in the Hybrid Realm of Recall Elections, Elizabeth Garrett
Innocence Interrupted: Reconstructing Fatherhood in the Shadow of Child Molestation, Camille Gear Rich
Racial Commodification in the Era of Elective Race: Affirmative Action and the Lesson of Elizabeth Warren, Camille Gear Rich
Farewell to Conceptual Analysis (in Jurisprudence), Andrei Marmor
Textualism in Context, Andrei Marmor
Political Theology With a Difference, Nomi M. Stolzenberg
Papers from 2011
The Pursuit of Intimacy and Parental Rights, Scott Altman
Assisted Living for the Constitution, Rebecca L. Brown
Will and Principle, Rebecca L. Brown
E-race-ing Gender: The Racial Construction of Prison Rape, Kim S. Buchanan
The Defense of Marriage Act and Uncategorical Federalism, David B. Cruz
All Born to Freedom? Comparing the Law and Politics of Race and the Memory of Slavery in the U.S. and France Today, Ariela J. Gross
The Selection of Thirteenth-Century Disputes for Litigation, Daniel M. Klerman
The Benefits of a Right to Silence for the Innocent, Shmuel Leshem
An Institutional Conception of Authority, Andrei Marmor
Truth in Law, Andrei Marmor
The Limited Diagnosticity of Criminal Trials, Dan Simon
Lay Judgments of Judicial Decision-Making, Dan Simon and Nicholas Scurich
Righting the Relationship Between Race and Religion in Law, Nomi M. Stolzenberg
Papers from 2010
The Dilemma of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, and Mathew McCubbins
Comparative Studies of Law, Slavery and Race in the Americas, Alejandro de la Fuente and Ariela J. Gross
A Sword and a Shield: The Uses of Law in the Bush Administration, Mary L. Dudziak
Just Say No: Birth Control in the Connecticut Supreme Court Before Griswold v. Connecticut, Mary L. Dudziak
The Case of "Death for a Dollar Ninety-Five": Miscarriages of Justice and Constructions of American Identity, Mary L. Dudziak
Unlimited War and Social Change: Unpacking the Cold War's Impact, Mary L. Dudziak
Putting "Duty" in its Place: A Reply to Professors Goldberg and Zipursky, Dilan Esper and Gregory C. Keating
To Secure the Blessings, Ronald R. Garet
Is Negligent Infliction of Emotional Distress A Freestanding Tort?, Gregory C. Keating
Rawlsian Fairness and Regime Choice in the Law of Accidents, Gregory C. Keating
The Congress Within the Congress: How Tax Expenditures Distort Our Budget and Our Political Processes, Edward D. Kleinbard
Book Review: Jeff Benedict's "Little Pink House": The Back Story of the Kelo Case, George Lefcoe
Should We Ban or Welcome "Spec" Home Buyers?, George Lefcoe
Investigative interviewing of the child, Thomas D. Lyon
Children’s reasoning about disclosing adult transgressions: Effects of maltreatment, child age, and adult identity, Thomas D. Lyon, Elizabeth A. Ahern, Lindsay A. Malloy, and Jodi A. Quas
The Dilemma of Authority, Andrei Marmor
Taking Blessings Seriously: A Comment on Ronald R. Garet's "To Secure the Blessings", Nomi M. Stolzenberg
Papers from 2009
Deep and Wide: Justice Marshall's Contributions to Constitutional Law, Rebecca L. Brown
Gendered Laws, Racial Stories, Kim S. Buchanan
Ethical Norms and the International Governance of Genetic Databases and Biobanks: Findings from an International Study, Alexander M. Capron, Alexandre Mauron, Bernice S. Elger, Andrea Boggio, Agomoni Ganguli-Mitra, and Nikola Biller-Andorno
Maltreated and Nonmaltreated Children's Evaluations of Emotional Fantasy, Nathalie Carrick, J A. Quas, and Thomas D. Lyon
Law, War, and the History of Time, Mary L. Dudziak
Complex Questions Asked by Defense Lawyers But Not Prosecutors Predicts Convictions in Child Abuse Trials, Angela D. Evans, Kang Lee, and Thomas D. Lyon
Direct Democracy and Public Choice, Elizabeth Garrett
The Story of TVA v. Hill: Congress Has the Last Word, Elizabeth Garrett
Marginal Whiteness, Camille Gear Rich
What Dignity Demands: The Challenges of Creating Sexual Harassment Protections for Non-Workplace Settings, Camille Gear Rich
Legal Transplants: Slavery and the Civil Law in Louisiana, Ariela J. Gross
The Constitution of History and Memory, Ariela J. Gross
Legal Barriers to Innovation, Gillian K. Hadfield
Abuse Disclosure: What Adults Can Tell, Thomas D. Lyon
The Supreme Court, Hearsay, and CRAWFORD: Implications for Child Interviewers, Thomas D. Lyon
Young Children's Competency to Take the Oath: Effects of Task, Maltreatment, and Age, Thomas D. Lyon, Nathalie Carrick, and J A. Quas
Truth induction in young maltreated children: The effects of oath-taking and reassurance on true and false disclosures, Thomas D. Lyon and Joyce Dorado
Legal and psychological support for the NICHD interviewing protocol: Author's response to Vieth (2008), Thomas D. Lyon, Michael E. Lamb, and J.E.B. Myers
Coaching, Truth Induction, and Young Maltreated Children's False Allegations and False Denials, Thomas D. Lyon, Lindsay C. Malloy, J A. Quas, and Victoria A. Talwar
Can the Law Imply More Than It Says? -- On Some Pragmatic Aspects of Strategic Speech, Andrei Marmor
Argument Selection in Constitutional Law: Choosing and Reconstructing Conceptual Systems, Michael Shapiro
Board of Education of Kiryas Joel Village School District v. Grumet: A Religious Group's Quest For Its Own Public School, Nomi Stolzenberg
Facts on the Ground, Nomi M. Stolzenberg
Langdell and the Invention of Legal Doctrine, Catharine Wells
Papers from 2008
Mark Tushnet's Thurgood Marshall and the Rule of Law, Mary L. Dudziak
New Voices in Politics: Justice Marshall's Jurisprudence on Law and Politics, Elizabeth Garrett
Redevelopment Takings After Kelo: What's Blight Got to Do with it?, George Lefcoe
Papers from 2007
When is the Time of Slavery? The History and Politics of Slavery in Contemporary Legal Argument, Ariela J. Gross
Papers from 2006
A Gravity Model of Globalization, Democracy and Transnational Terrorism, S BROCK BLOMBERG and B PETER ROSENDORFF
Making Law, Making War, Making America (revised 12/6/06), Mary Dudziak
Discrimination and Diplomacy: Recovering the Fuller National Stake in 1960s Civil Rights Reform, Mary L. Dudziak
Working toward Democracy: Thurgood Marshall and the Constitution of Kenya, Mary L. Dudziak
Abusing "Duty", Dilan Esper and Gregory C. Keating
The Dual Path Initiative Framework, Elizabeth Garrett and Mathew McCubbins
Transparency in the Budget Process, Elizabeth Garrett and Adrian Vermeule
Pricelessness and Life: An Essay for Guido Calabresi, Gregory C. Keating
Strict Liability and the Mitigation of Moral Luck, Gregory C. Keating
CEQA Analysis of Development Displaced by Rejected Projects, George Lefcoe
Are Constitutions Legitimate?, Andrei Marmor
How Law is Like Chess, Andrei Marmor
Emotional Competence, "Rational Understanding," and the Criminal Defendant, Terry A. Maroney
Papers from 2005
The September 11th Victim Compensation Fund: "An Unprecedented Experiment in American Democracy", Gillian K. Hadfield
Papers from 2004
Property Condition Disclosure Forms: How REALTORS Eased the Transition from Caveat Emptor to "Seller Tell All", George Lefcoe
