bepress Legal Repository

Public Wrongs and the ‘Criminal Law’s Business’: When Victims Won’t Share, Michelle Dempsey (August 17, 2011)

"Introduction" (Chapter 1) of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate 2011), David S. Caudill (August 1, 2011)

Should the States Piggyback on Federal Schedule UTP?, J. Richard Harvey (August 1, 2011)

The Forms of International Law, Joseph W. Dellapenna (August 1, 2011)

Lawyers Judging Experts: Oversimplifying Science and Undervaluing Advocacy to Construct an Ethical Duty?, David S. Caudill (August 1, 2011)

Did I Do That? An Argument for Requiring Pennsylvania to Evaluate the Racial Impact of Medicaid Policy Decisions Prior to Implementation, Michael Campbell (August 1, 2011)

Does LegalZoom Have First Amendment Rights? Some Thoughts About Freedom of Speech and the Unauthorized Practice of Law, Catherine J. Lanctot (August 1, 2011)

Schedule UTP: An Insider's Summary of the Background, Key Concepts, and Major Issues, J. Richard Harvey (April 14, 2011)

Schedule UTP - Two Major Issues, J. Richard Harvey (March 11, 2011)

The Individual Mandate, Sovereignty, and the Ends of Good Government: A Reply to Professor Randy Barnett, Patrick McKinley Brennan (February 28, 2011)

Asylum Rights and Wrongs: What the Proposed Refugee Protection Act Will Do and What More Will Need to Be Done, Michele R. Pistone (February 28, 2011)

What is Due to Others: Speaking and Signifying Subject(s) of Rape Law, Penelope J. Pether (April 30, 2010)

“Editor’s Introduction,” Symposium on Paul Rabinow’s “Prosperity, Amelioration, Flourishing: From a Logic of Practical Judgment to Reconstruction: An Account of His Work with SynBERC”, Penelope J. Pether (April 30, 2010)

“Language,” in the Law and the Humanities: An Introduction, Penelope J. Pether (April 30, 2010)

Making a Case for Legal Writing Instruction … Worldwide, Diane Edelman (April 1, 2010)

Conflicts of Interest in Criminal Cases: Should the Prosecution Have a Duty to Disclose?, Anne Poulin (February 19, 2010)

The Unsigned United Nations Migrant Worker Rights Convention: An Overlooked Opportunity to Change the Brown Collar Migration Paradigm, Beth Lyon (February 19, 2010)

Cause and Conviction: The Role of Causation in Section 1983 Wrongful Conviction Claims, Teressa E. Ravenell (February 19, 2010)

The Place of 'Higher Law' in the Quotidian Practice of Law: Herein of Practical Reason, Natural Law, Natural Rights, and Sex Toys, Patrick McKinley Brennan (February 19, 2010)

Are Catholics Unreliable from a Democratic Point of View? Thoughts on the Occasion of the Sixtieth Anniversary of Paul Blanshard's American Freedom and Catholic Power, Patrick McKinley Brennan (February 19, 2010)

Are Legislation and Rules a Problem in Law? Thoughts on the Work of Joseph Vining, Patrick McKinley Brennan (February 19, 2010)

Behind the Red Curtain: Environmental Concerns and the End of Communism, Joseph W. Dellapenna (February 19, 2010)

Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr. (February 19, 2010)

Constitutional Solipsism: Toward a Thick Doctrine of Article III Duty; or Why the Federal Circuits’ Nonprecedential Status Rules are (Profoundly) Unconstitutional, Penelope J. Pether (October 29, 2009)

Synthetic Science: A Response to Rabinow, David S. Caudill (October 29, 2009)

Book Review: Carl Cranor, Toxic Torts: Science, Law, and the Possibility of Justice, David S. Caudill (October 22, 2009)

Attorneys' Fees Agonistes: The Implications of Inconsistency in the Awarding of Fees and Costs in International Arbitrations, John Y. Gotanda (October 21, 2009)

Interest as Damages, John Y. Gotanda and Thierry J. Sénéchal (July 24, 2009)

Self-Love and Forgiveness: A Holy Alliance?, Patrick McKinley Brennan (July 1, 2009)

Application of Cascade Theory to Online Systems: A Study of Email and Google Cascades, April M. Barton (June 11, 2009)

Environmental Law as a Legal Field: An Inquiry in Legal Taxonomy, Todd S. Aagaard (May 19, 2009)

Abortion Across State Lines, Joseph W. Dellapenna (May 19, 2009)

Arsenic and Old Chemistry: Images of Mad Alchemists, Experts Attacking Experts, and the Crisis in Forensic Science, David S. Caudill (May 19, 2009)

Strategic Idealizations of Science to Oppose Environmenal Regulation: A Case Study of Five TMDL Controversies, David S. Caudill and Donald E. Curley (May 19, 2009)

Direct and Derivative Claims in Securities Fraud Litigation, RICHARD A. BOOTH (May 11, 2009)

Incidence and Accidents: Regulation of Executive Compensation Through the Tax Code, Joy Mullane (April 1, 2009)

Equality, Conscience, and the Liberty of the Church: Justifying the Controversiale per Controversialius, Patrick McKinley Brennan (April 1, 2009)

The Economics of Deal Risk: Allocating Risk Through Mac Clauses in Business Combination Agreements, Robert T. Miller (April 1, 2009)

DELIVERING THE GOODS: Herein of Mead, Delegations, and Authority, Patrick McKinley Brennan (March 1, 2009)

Comparative Constitutional Epics, Penelope J. Pether (March 1, 2009)

Cautionary Tales, Penelope J. Pether (March 1, 2009)

Refund Anticipation Loans and the Tax Gap, Leslie Book (February 1, 2009)

Increasing Preparer Responsibility, Visibility and Competence, Leslie Book (January 13, 2009)

A Response to Professor Camp: The Importance of Oversight, Leslie Book (October 1, 2008)

Calling it a Leg Doesn't Make it a Leg: Doctors, Lawyers and Tort Reform, Ellen Wertheimer (October 1, 2008)

Public Law, Private Law, and Legal Science, Chaim Saiman (July 1, 2008)

Study of the Role of Preparers in Relation to Taxpayer Compliance with Internal Revenue Laws, Leslie Book (June 1, 2008)

How the Separation of Powers Doctrine Shaped the Executive, Louis J. Sirico Jr. (June 1, 2008)

“Militant Judgement?: Judicial Ontology, Constitutional Poetics, and ‘The Long War’”, Penelope J. Pether (June 1, 2008)

``No One Does That Anymore": On Tushnet, Constitutions, and Others, Penelope J. Pether (June 1, 2008)

“What’s the Matter with You Catholics?” Soundings in Catholic Social Thought: Traditions in Turmoil. By Mary Ann Glendon, Patrick McKinley Brennan (May 1, 2008)

Differentiating Church and State (Without Losing the Church), Patrick McKinley Brennan (May 1, 2008)

Factual Premises of Statutory Interpretation in Agency Review Cases, Todd S. Aagaard (May 1, 2008)

Exploring the Impact of the Marriage Amendments: Can Public Employers Offer Domestic Partner Benefits to Their Gay and Lesbian Employees?, Tiffany C. Graham (May 1, 2008)

Peasants, Tanners, and Psychiatrists: Using Films to Teach Comparative Law, Joseph W. Dellapenna (May 1, 2008)

“We Are At War And You Should Not Bother The President”: The Suffrage Pickets and Freedom of Speech During World War I, Catherine J. Lanctot (May 1, 2008)

Taking Certification Seriously – Why There is No Such Thing as an Adequate Representative in a Securities Fraud Class Action, RICHARD A. BOOTH (April 1, 2008)

Reviving the Subject of Law, Penelope J. Pether (April 1, 2008)

Five Decades of Corporation Law - From Conglomeration to Equity Compensation, RICHARD A. BOOTH (April 1, 2008)

Readability Studies: How Technocentrism Can Compromise Research and Legal Determinations, Louis J. Sirico Jr. (February 19, 2008)

Substantive Media Regulation In Three Dimenstions, Gregory P. Magarian (February 1, 2008)

Presidential Authority And The War On Terror, Joseph W. Dellapenna (February 1, 2008)

The Use of the Corporate Monitor in SEC Enforcement Actions, Jennifer O'Hare (February 1, 2008)

THE PAULSON REPORT RECONSIDERED: How to Fix Securities Litigation by Converting Class Actions into Issuer Actions, RICHARD A. BOOTH (January 23, 2008)

Going Public, Selling Stock, and Buying Liquidity, RICHARD A. BOOTH (November 19, 2007)

What is a Business Crime?, RICHARD A. BOOTH (November 16, 2007)

Locating Authority in Law, and Avoiding the Authoritarianism of 'Textualism', Patrick McKinley Brennan (October 30, 2007)

Market Triumphalism, Electoral Pathologies, and the Abiding Wisdom of First Amendment Access Rights, Gregory P. Magarian (October 30, 2007)

Using the Unidroit Principles to Fill Gaps in the CISG, John Y. Gotanda (October 30, 2007)

Retail Investor Remedies under Rule 10b-5, Jennifer O'Hare (October 30, 2007)

The Prose and the Passion, Penelope J. Pether (October 30, 2007)

What's in a Name or, Better Yet, What's it Worth?: Cities, Sports Teams and the Right of Publicity, Mitchell J. Nathanson (October 30, 2007)

It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, and the Psychology of Disgust, Richard E. Redding (October 30, 2007)

International Law's Lessons for the Law of the Lakes, Joseph W. Dellapenna (October 30, 2007)

A Study of Interest, John Y. Gotanda (August 1, 2007)

Jesus’ Legal Theory—A Rabbinic Interpretation, Chaim Saiman (August 1, 2007)

Regarding the Miller Girls: Daisy, Judith, and the Seeming Paradox of In re Grand Jury Subpoena, Judith Miller, Penelope J. Pether (August 1, 2007)

CREDIBILITY: A FAIR SUBJECT FOR EXPERT TESTIMONY?, Anne Poulin (July 3, 2007)

Freakonomics and the Tax Gap: An Applied Perspective, Leslie Book (July 1, 2007)

Patent Injunctions and the Problem of Uniformity Cost, Michael W. Carroll (July 1, 2007)

Restitution in America: Why the U.S. Refuses to Join in the Global Restitution Party, Chaim Saiman (July 1, 2007)

The Missing Link Between Insider Trading and Securities Fraud, RICHARD A. BOOTH (May 4, 2007)

A Quandary in Law? A (Qualified) Catholic Denial, Patrick McKinley Brennan (April 1, 2007)

Harmonizing Plural Societies: The Cases of Lasallians, Families, Schools – and the Poor, Patrick McKinley Brennan (April 1, 2007)

The Jurisprudence of Colliding First Amendment Interests: From the Dead End of Neutrality to the Open Road of Participation Enhancing Review, Gregory P. Magarian (April 1, 2007)

The Federalist and the Lessons of Rome, Louis J. Sirico Jr. (April 1, 2007)

Creative Commons as Conversational Copyright, Michael W. Carroll (April 1, 2007)

Strengthening the Criminal Defendant’s Right to Counsel, Anne Poulin (April 1, 2007)

Legal Theology: The Turn to Conceptualism in Nineteenth-Century Jewish Law, Chaim Saiman (April 1, 2007)

Interpreting Immunity, Chaim Saiman (April 1, 2007)

The Duty to Creditors Reconsidered - Filling a Much Needed Gap in Corporation Law, RICHARD A. BOOTH (December 11, 2006)

Give Me Equity or Give Me Death - The Role of Competition and Compensation in Building Silicon Valley, RICHARD A. BOOTH (December 7, 2006)

Fixing Fair Use, Michael W. Carroll (November 1, 2006)

Charting Developments Concerning Punitive Damages: Is the Tide Changing?, John Y. Gotanda (November 1, 2006)

The Decreasing Ontological Density of the State in Catholic Social Doctrine, Patrick McKinley Brennan (November 1, 2006)

Original Intent in the First Congress, Louis J. Sirico Jr. (November 1, 2006)

Of Apples and Trees: Adoption and Informed Consent, Ellen Wertheimer (November 1, 2006)

The Real (Sentencing) World: State Sentencing in the Post-Blakely Era, Douglas A. Berman and Steven L. Chanenson (November 1, 2006)

Against Sovereignty: A Cautionary Note on the Normative Power of the Actual, Patrick McKinley Brennan (October 20, 2006)

Sorcerers’ Apprentices: How Judicial Clerks and Staff Attorneys Impoverish U.S. Law, Penelope J. Pether (October 11, 2006)

Harassing Women with Power: The Case for Including Contra-power Harassment within Title VII, Ann C. Juliano (October 1, 2006)

The Reemergence of Restitution: Theory and Practice in the Restatement (Third) of Restitution, Chaim Saiman (October 1, 2006)

The Brain-Disordered Defendant: Neuroscience and Legal Insanity in the Twenty-First Century, Richard E. Redding (October 1, 2006)

The Pragmatic Populism of Justice Stevens' Free Speech Jurisprudence, Gregory P. Magarian (September 1, 2006)

No Thanks, Uncle Sam, You Can Keep Your Tax Break, James Edward Maule (September 1, 2006)

Write On!, Steven L. Chanenson (August 1, 2006)

Damages in Lieu of Performance because of Breach of Contract, John Y. Gotanda (July 20, 2006)

Religious Group Autonomy: Further Reflections about What Is at Stake, Kathleen A. Brady (July 1, 2006)

Preventing the Hybrid from Backfiring: Delivery of Benefits to the Working Poor through the Tax System, Leslie Book (July 1, 2006)

Rules Are Made to Be Broken: How the Process of Expedited Removal Fails Asylum Seekers, Michele R. Pistone and John J. Hoeffner Esq. (June 7, 2006)

The Movement for Open Access Law, Michael W. Carroll (June 1, 2006)

Terrorism and Asylum Seekers: Why the Real ID Act Is a False Promise, Marisa S. Cianciarulo (April 1, 2006)

You’re So Vain, I’ll Bet You Think This Song Is about You, Joseph W. Dellapenna (April 1, 2006)

Considering Standing, Sincerity, and Antidiscrimination, Chapin C. Cody (April 1, 2006)

New International Human Rights Standards on Unauthorized Immigrant Worker Rights: Seizing an Opportunity to Pull Governments out of the Shadows, Beth Lyon (April 1, 2006)

Evolution and Denial: State Sentencing after Blakely and Booker, Steven L. Chanenson and Daniel F. Wilhelm (April 1, 2006)

Adult Punishment for Juvenile Offenders: Does It Reduce Crime?, Richard E. Redding (April 1, 2006)

Multicultural Perspectives on Delinquency Etiology and Intervention, Richard E. Redding and Bruce Arrigo (March 1, 2006)

Using Spread and Net Trading Range to Measure Risk in Suitability Cases, RICHARD A. BOOTH (March 1, 2006)

Capital Requirements in United States Corporation Law, RICHARD A. BOOTH (December 31, 2005)

Awarding Damages under the United Nations Convention on the International Sale of Goods: A Matter of Interpretation, John Y. Gotanda (October 4, 2005)

One for All: The Problem of Uniformity Cost in Intellectual Property Law, Michael W. Carroll (October 1, 2005)

Double Jeopardy and Multiple Punishment: Cutting the Gordian Knot , Anne Poulin (September 28, 2005)

Guidance from Above and Beyond, Steven L. Chanenson (August 29, 2005)

Parades of Horribles, Circles of Hell: Ethical Dimensions of the Publication Controversy, David S. Caudill (August 23, 2005)

Substantive Due Process as a Source of Constitutional Protection for Nonpolitical Speech, Gregory P. Magarian (August 18, 2005)

Negotiating Sex, Michelle J. Anderson (August 11, 2005)

Creative Commons and the New Intermediaries, Michael W. Carroll (August 1, 2005)

Mental Disorders and the Law, Richard Redding (August 1, 2005)

The Struggle for Music Copyright, Michael W. Carroll (April 1, 2005)

Utility, The Good and Civic Happiness: A Catholic Critique of Law and Economics, Mark A. Sargent (April 1, 2005)

The W Visa: A Legislative Proposal for Female and Child Refugees Trapped in a Post-9/11 World, Marisa S. Cianciarulo (February 28, 2005)

The Biter Bit: Unknowable Dangers, The Third Restatement, and the Reinstatement of Liability Without Fault, Ellen Wertheimer (February 1, 2005)

What Do Juvenile Offenders Know About Being Tried as Adults? Implications for Deterrence , Richard E. Redding (February 1, 2005)

The Devil in the Details: How Specific Should Catholic Social Thought Teaching Be? , Michele R. Pistone (January 1, 2005)

The Collection Due Process Rights: A Misstep or a Step in the Right Direction?, Leslie Book (December 1, 2004)

Preemption under the Securities Litigation Uniform Standards Act: If It Looks Like a Securities Fraud Claim and Acts Like a Securities Fraud Claim, Is It a Securities Fraud Claim?, Jennifer O'Hare (October 4, 2004)

Recovering Lost Profits in International Disputes, John Y. Gotanda (October 1, 2004)

The Next Era of Sentencing Reform, Steven L. Chanenson (October 1, 2004)

Hoist with their Own Petard?, Steven L. Chanenson (September 1, 2004)

Book Announcement: The United States and the Rule of Law in International Affairs, John F. Murphy (September 1, 2004)

The Legacy of the Prompt Complaint Requirement, Corroboration Requirement, and Cautionary Instructions on Campus Sexual Assault, Michelle J. Anderson (July 14, 2004)

Competing Visions of the Corporation in Catholic Social Thought, Mark A. Sargent (July 1, 2004)

The First Amendment, The Public-Private Distinction, and Nongovernmental Suppression of Wartime Political Debate, Gregory P. Magarian (July 1, 2004)

Double Jeopardy Protection from Successive Prosecution: A Proposed Approach, Anne Poulin (July 1, 2004)

Compound Interest in International Disputes , John Y. Gotanda (July 1, 2004)

Religious Organizations and Free Exercise: The Surprising Lessons of Smith, Kathleen A. Brady (July 1, 2004)

Why It Is Essential to Teach About Mental Health Issues in Criminal Law (And a Primer on How To Do It), Richard E. Redding (June 1, 2004)

Deconstructing Development, Ruth E. Gordon and Jon H. Sylvester (June 1, 2004)

Criminal Justice and Videoconferencing Technology: The Remote Defendant, Anne Poulin (June 1, 2004)

Lawyers in the Moral Maze , Mark A. Sargent (March 1, 2004)

The Foggy Road for Evaluating Punitive Damages: Lifting the Haze from the BMW/State Farm Guideposts, Steven L. Chanenson and John Y. Gotanda (January 1, 2004)

Lawyers in the Perfect Storm, Mark A. Sargent (October 1, 2003)

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll (September 11, 2003)

Legal Protection for Conversational and Communication Privacy in Family, Marriage and Domestic Disputes: An Examination Federal and State Wiretap and Stored Communications Acts and the Common Law Privacy Intrusion Tort, Richard C. Turkington (September 1, 2003)

Discourse in Development: Viewing the United Nations Committee on Economic, Social and Cultural Rights through the Post-Colonial Lens, Beth Lyon (September 1, 2003)

Punitive Damages: A Comparative Analysis, John Y. Gotanda (August 1, 2003)

Marital Immunity, Intimate Relationships, and Improper Inferences: A New Law on Sexual Offenses by Intimates , Michelle J. Anderson (August 1, 2003)

Conflicted Justice: The Department of Justice's Conflict of Interest in Representing Native American Tribes , Ann Carey Juliano (June 1, 2003)

Understanding 'Depolicing': Symbiosis Theory and Critical Cultural Theory , Frank Rudy Cooper (February 1, 2003)