Content Posted in 2004
A Broader View of Corporate Inversions: The Interplay of Tax, Corporate and Economic Implications, Orsolya Kun
Abstinence-only Adolescent Education: Ineffective, Unpopular and Unconstitutional, James J. McGrath
A Case Study in the Banning of Political Parties: The Pan-Arab Movement El Ard and the Israeli Supreme Court, Ron Harris
Achieving Batterer Accountability in the Child Protection System, Leigh Goodmark
A Cloak for the Bare: In Support of Allowing Prospective Malpractice Liability Waivers in Certain Pro Bono Cases, Steve Berenson
A Constitutional Defense of Legislative History, Paul E. McGreal
A Culturally Correct Proposal to Privatize the British Columbia Salmon Fishery, D. Bruce Johnsen
A Deadly Dilemma: Strategic Choices by Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
A Deadly Dilemma: The Failure of Nations' Organ Procurement Systems and Potential Reform Alternatives, Christy M. Watkins
A Defining Faith: "True" Religion and the Establishment Clause, Jeffrey Shulman
A Distance Education Primer: Lessons from My Life as a Dot.Edu Entrepreneur, Linda C. Fentiman
Adverse Selection and Moral Hazard in Forum Shopping: Conflicts of Law as Spontaneous Order, Nita Ghei and Francesco Parisi
A Family Affair: Sharing Information about Genetic Diseases, Lyria K. Bennett Moses
Affirmative Action: More Efficient than Color Blindness, Abraham Lee Wickelgren
Affirmative Action: More Efficient than Color Blindness, Abraham L. Wickelgren
After the Argentine Crisis: Can the IMF Prevent Corruption in Its Lending? A Model Approach, Juan Carlos Linares
A Gradual Shift in U.S. Privacy Laws towards a Comprehensive Regime , Kamaal R. Zaidi
“All Aboard!” An Overview of the Continuing Debate Regarding the Enforceability of Dispute Resolution Provisions of Filipino Seamen Employment Contracts, Richard V. Blystone
All the Lizards Stand and Say “Yes Yes Yes” : The Element of Play in Legal Actions against Animals and Inanimate Objects, Anna Pervukhin
A Model Financial Statement Insurance Act, Lawrence A. Cunningham
Analyst and Broker Dealer Liability under 10(b) for Biased Stock Recommendations, Ann Morales Olazabal
An Attitudinal Theory of Excuse in Criminal Law, Peter Westen
Ancillary Joint Ventures and the Unanswered Questions after Revenue Ruling 2004-51, Gabriel O. Aitsebaomo
An Empirical Study of Public Defender Effectiveness: Self-Selection by the ‘Marginally Indigent’, Morris B. Hoffman, Paul H. Rubin, and Joanna M. Shepherd
A New Product for the Corporation Law Market: Audit Committee Certifications, Lawrence A. Cunningham
Animals, Rights and Property:The (Un)attachment of Pets in Israeli Law, Pablo Lerner
Another Limit on Federal Court Jurisdiction? Immigrant Access to Class-Wide Injunctive Relief, Jill E. Family
A Positive Theory of Universal Jurisdiction, Eugene Kontorovich
Apprendi's Limits, Roger Craig Green
A Public Choice Theory of Criminal Procedure, Vikramaditya S. Khanna and Keith N. Hylton
Arbitration and Contract: What Are the Law Schools Teaching?, Stephen K. Huber
A Review of Parliamentary Privilege with an Approach to Iranian Legal System, Seyed Doraid Mousavi Mojab
Are You Experienced?: Examining the Need for Specialized Ethics Rules in Patent Litigation, Benjamin J. Sodey
A Room of One's Own: Morality and Sexual Privacy after Lawrence v. Texas, Marybeth Herald
Arthritic Flexibilities: Analysis of WTO Action Regarding Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, Brook K. Baker
Assessing Human Rights in China: Why the Double Standard?, Randall P. Peerenboom
Assessing the Options for Designing a Mandatory U.S. Greenhouse Gas Reduction Program, Robert R. Nordhaus and Kyle W. Danish
Assisted Reproduction in Germany and the United States: An Essay in Comparative Law and Bioethics , John A. Robertson
ATCA, Doe v. Unocal: A Paquete Habana Approach to the Rescue, John Haberstroh
A Third Parallel Primrose Path: The Supreme Court's Repeated, Unexplained, and Still Growing Regulation of State Courts' Criminal Appeals, Russell M. Coombs
Back to Bakke: Defining the Strict Scrutiny Test for Affirmative Action Policies Aimed at Achieving Diversity in the Classroom, Leslie Y. Garfield
Bad Judges, Geoffrey P. Miller
Balancing Representation: Special Representation Mechanisms Addressing the Imbalance of Marginalized Voices in African Legislatures, Stephanie L. Kodish
Bankruptcy Law and Inefficient Entitlements, Irit Haviv-segal
Barbarians at The Gates: A Post-September 11th Proposal to Rationalize the Laws of War, William C. Bradford
Battered Non-Wives and Unequal Protection Order Coverage: A Call for Reform, Judith A. Smith
Behavioral Science Evidence in the Age of Daubert: Reflections of a Skeptic, Mark S. Brodin
Benin’s Constitutional Court: An Institutional Model for Enforcing Human Rights, Anna Rotman
Beyond Dilution: Toward a Coherent Theory of the Anti Free Rider Impulse in American Trademark Law, David J. Franklyn
Beyond Reparations: An American Indian Theory of Justice, William C. Bradford
Beyond Rights: Legal Process and Ethnic Conflicts, Elena A. Baylis
Binding Arbitration and Specific Performance Under the FAA: Will This Marriage of Convenience Survive?, Kenneth Dunham
Blackness as Property: Sex, Race, Status, and Wealth, Mitch Crusto
Book Review: Analysis of the Stockholm Convention on Persistent Organic Pollutants, Dru Stevenson
Book Review: Benjamin Geva, Bank Collections and Payment Transactions, Arnold S. Rosenberg
Book Review: The Many Faces of Power: An International Law Response to Robert Kagan’s “Of Paradise and Power”, Jason G. Morgan-Foster
Booze, Drugs, and Rock & Roll: Crime During the College Years, Paul S. Gutman
Bounded Rationality, the Doctrine of Impracticability, and the Governance of Relational Contracts, Donald J. Smythe
Boy Scouts & Burning Crosses: Bringing Balance to the Court’s Lopsided Approach to the Intersection of Equality and Speech, Russell K. Robinson
Bridging the “Divide” between Feminism and Child Protection Using the Discourse of International Human Rights , Sherrie L. Russell-Brown
Brown and Tee-Hit-Ton, Earl Maltz
Canadian Fundamental Justice and American Due Process: Two Models for a Guarantee of Basic Adjudicative Fairness, David M. Siegel
Cap and Trade: How the Sulfur Dioxide Allowance Market Works, and How it Could Work Better, Jacob R. Kreutzer
Caught Between Action and Inaction: Public Participation in Voluntary Approaches to Environmental Policy under the Administrative Procedure Act, Janice D. Gorin
Causation and Attenuation in the Slavery Reparations Debate, Kaimipono D. Wenger
Choosing Gatekeepers: The Financial Statement Insurance Alternative To Auditor Liabilty, Lawrence A. Cunningham
Circuit-Specific Application of the Internal Revenue Code: An Unconstitutional Tax, Jeffrey S. Kinsler
Citizens of an Enemy Land: Enemy Combatants, Aliens, and the Constitutional Rights of the Pseudo-Citizen, Juliet P. Stumpf
Coercion, Miranda, and Juveniles, J. Merritt Wagoner
Combating Money Laundering and International Terrorism: Does the USA PATRIOT Act Require the Judicial System to Abandon Fundamental Due Process in the Name of Homeland Security?, Joan M. O'Sullivan Butler
Common Constitutional Law, A. Daniel Feldman
Comparisons among Firms: (When) Do They Justify Mandatory Disclosure?, Sharon Hannes
Conceptualizing Blakely, Douglas A. Berman
Constitutional Crisis over the Proposed Supreme Court for the United Kingdom, Peter L. Fitzgerald
Constitutional Interpretation and Coercive Interrogation after Chavez v. Martinez, John T. Parry
Constitutional Interpretation and Coercive Interrogation after Chavez v. Martinez, John Parry
Constitutionalism in the Streets, Gary D. Rowe
Contaminating the Verdict: The Problem of Juror Misconduct, Bennett L. Gershman
Contracting Out of Bankruptcy: An Empirical Intervention, Jay L. Westbrook and Elizabeth Warren
Corporate Cancellation of Indebtedness Income and the Debt-Equity Distinction, Katherine Pratt
Courts as Forums for Protest, Jules Lobel
Creating Rights in the Age of Global Governance: Mental Maps and Strategic Interests in Europe, Francesca Bignami
Credit Where It Counts: The Community Reinvestment Act and Its Critics, Michael S. Barr
Crime-Facilitating Speech, Eugene Volokh
Crime Severity and Constitutional Line-Drawing, Eugene Volokh
Cyberspace Cartography: The Case of On-line Territorial Privacy, Daniel Benoliel
Dancing with Wolves: Regulation and De-regulation of Foreign Investment in China's Stock Market, Jiangyu Wang
Dead Men Telling Tales - A Policy-Based Proposal for Survivability of Qui Tam Actions under the Civil False Claims Act, Vickie J. Williams
Dealing with Hate in the Feminist Classroom: Re-thinking the Balance, Kathryn Stanchi
Debts, Divorce and Disarray in Bankruptcy, Margaret M. Mahoney
Defining Dicta, Michael Abramowicz and Maxwell Stearns
Defining Dicta, Michael Abramowicz and Maxwell Stearns
Democracy's Global Quest: A Noble Crusade Wrapped in Dirty Reality?, Andrew K. Coleman and Jackson Nil Maogoto
Democratic Responses to Terrorism: A Comparative Study of the United States, Israel and India, Arunabha Bhoumik
Department of Justice Guidelines: Balancing "Discretionary Justice", Ellen S. Podgor
Deportations, Removals and the 1996 Immigration Acts: A Modern Look at the Ex Post Facto Clause, Lupe S. Salinas
Designing Sports Leagues as Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross and Stefan Szymanski
Developing Internationally Uniform Liability Principles for Harms from Genetically Modified Organisms , Ryan C. Hansen
Development Agreements: Bargained for Zoning That is Neither Illegal Contract or Conditional Zoning, Shelby Green
Diamond v. Chakrabarty: Gauging Congress’ Response to Dynamic Statutory Interpretation by the Supreme Court , Anna E. Lumelsky
Difused Surface Water: Reasonable Use Has Become the Common Enemy, Wendy B. Davis
Discretion as Delegation: The "Proper" Understanding of the Nondelegation Doctrine, Gary Lawson
Discrimination in Sentencing on the Basis of Afro-Centric Features, William T. Pizzi, Irene V. Blair, and Charles M. Judd
Discrimination: The Law vs. Morality, Walter E. Williams
Does Soft Dollar Brokerage Benefit Portfolio Investors: Agency Problem or Solution?, Stephen M. Horan and D. Bruce Johnsen
Do Patents Facilitate Financing in the Software Industry?, Ronald J. Mann
Ecocide and Genocide in Iraq: International Law, the Marsh Arabs and Environmental Damage in Non-international Conflicts, Aaron Schwabach
Economic Analysis in a Unified Conception of Tort Law, Mark Geistfeld
Embedded Psychology in Mens Rea Determinations: Systematic Differences between Legal Standards and Reasoning Processes across Cultures, Justin D. Levinson
Emerging Issues on the Internet for the Legal Profession, Rosaria Vigorito
Employment Discrimination in a High Velocity Labor Market, Alan Hyde
Enemies Foreign and Domestic: A Historical Look at the Use of Military Commissions by the United States and the Case for Using Them against American Citizens, James T. Barnett
Entrapment and the Problem of Deterring Police Misconduct, Dru Stevenson
Equality Without Tiers, Suzanne Goldberg
Essay, Digital Bowdlerizing: Removing the Naughty Bytes, Llewellyn Joseph Gibbons
Essay: New Political and Legal Strategies for African-Americans: Dreaming Big, Dreaming Creatively, Maxim Thorne
Evaluating Work: Enforcing Occupational Safety and Health Standards in the United States, Canada and Sweden, Daniel B. Klaff
Expected Value Arbitration, Joshua P. Davis
Expensing Isn't the Only Option: Alternatives to the FASB's Stock Option Expensing Proposal, Benjamin A. Templin
Extraterritoriality of the Sherman Act and Deterrence of Private International Cartels, John M. Connor
Facilitating Auditing’s New Early Warning System: Control Disclosure, Auditor Liability and Safe Harbors, Lawrence A. Cunningham
"Facilitative ADR's Global Popularity and Promise", Nancy D. Erbe
Federal Permitting Issues Related to Offshore Wind Energy, Using the Cape Wind Project in Massachusetts as an Illustration, Thomas A. Utzinger
Fine Art Online: Digital Imagery and Current International Interpretations of Ethical Considerations in Copyright Law, Molly A. Torsen
Flouting the Law, Janice Nadler
Forecasting Harm: The Law and Science of Risk Assessment among Prisoners, Predators, and Patients, John Monahan
Foreseeing Greatness? Measurable Performance Criteria and the Selection of Supreme Court Justices, James J. Brudney
Forged Facsimile Signatures and Basic Principles of the Law of the Check Collection System, James S. Rogers
Foster Care Placement: Reducing the Risk of Sibling Incest, David J. Herring
Freedom from Fear: Prosecuting the Iraqi Regime for the Use of Chemical Weapons, Margaret A. Sewell
From Carlin’s Seven Dirty Words to Bono’s One Dirty Word: A Look at the FCC’s Ever-Expanding Indecency Enforcement Role , Faith Sparr
Fuel Efficiency: The Disconnect Between Environmental Policy and Tax Policy, John J. Marciano
Future-Priced Convertible Securities & The Outlook For "Death-Spiral" Securities-Fraud Litigation, Zachary T. Knepper
Gay and Lesbian Rights to Procreate and Access to Assisted Reproductive Technology, John A. Robertson
Gentleman's Agreement: The Antisemitic Origins of Restrictions on Stockholder Litigation, Lawrence E. Mitchell
Global Governance, Antitrust, and the Limits of International Cooperation, Paul B. Stephan
Globalization: Panacea for the World or Conquistador of International Law and Statehood?, Aaron J. Lodge
Good Faith in the CISG: Interpretation Problems in Article 7, Benedict C. Sheehy
Government Policy Towards Innovation in the United States, Canada, and the European Union as Manifested in Patent, Copyright and Competition Laws, Daniel J. Gifford
Has the Law Made Liars of Us All?, Don Castleman
How About a Little Perspective? The USA PATRIOT Act and the Use and Abuses of History, Jeffrey A. Breinholt
How American Workers Lost the Right to Strike, and Other Tales, James Gray Pope
How Do the Social Benefits and Costs of the Patent System Stack Up in Pharmaceuticals?, Daniel J. Gifford
How History Can Inform Practice in Modern U.S. Competition Policy, Timothy Muris
How the Uncharged Misconduct Rule Was Born, Thomas J. Reed
http://www.CompanyNameSucks.com: The Horizontal Effect of Fundamental Rights on Private Parties within Autonomous Internet Law, Vaios Karavas and Gunther Teubner
Human Rights and Rule of Law: What's the Relationship?, Randall P. Peerenboom
IMF Conditionality as Investment Regulation - A Theoretical Analysis, Daniel R. Kalderimis
Immaturity, Normative Competence, and Juvenile Transfer: How (Not) to Punish Minors for Major Crimes, David O. Brink
Income, Work and Freedom, Philip L. Harvey
Inconceivable? Deducting the Costs of Fertility Treatment, Katherine Pratt
In Defense of Paid Family Leave, Gillian Lester
Indianapolis v. Edmond and the Original Understanding of the Fourth Amendment, Bruce Newman
Innovation, Regulation and the Selection Environment, Timothy F. Malloy and Peter Sinsheimer
Institutional Reckless Disregard for Truth in Public Defamation Actions Against the Press, Randall P. Bezanson
International Child Abductions: The Challenges Facing America , Charles F. Hall
International Legal Compliance: Surveying the Discipline, William C. Bradford
International Marine Environment Law: A Case Study in the Wider Caribbean Region, Benedict C. Sheehy
International Poverty Law: A Response to Economic Globalization, Timothy K. Kuhner
Interpersonal Dynamics, Joshua D. Rosenberg
Intersexuality and Universal Marriage, Michael L. Rosin
In the Minds of Men: A Theory of Compliance with the Laws of War, William C. Bradford
Invasion of the Clones: Animal Cloning and the Potential Implications on the Future of Human Cloning and Cloning Legislation in the United States, the United Kingdom, and Internationally, Adrienne N. Calhoun
Investing in the Close Corporation: What the Minority Shareholder Needs to Know before Giving up Money and Power, Shawn Diedtrich
Involuntary Particularism: What the Noahide Laws Tell Us about Citizenship and Alienage, Gidon G. Rothstein
Islamic Financial Structures as Alternatives to International Loan Agreements: Challenges for American Financial Institutions, Babback Sabahi
Is the End of the War in Sight: An Analysis of Canada’s Decriminalization of Marijuana and the Implications for the United States “War on Drugs”, Kara Godbehere Goodwin
Is There a "Religious Question" Doctrine? Judicial Authority to Examine Religious Practices and Beliefs, Jared A. Goldstein
“It’s the Law.”: Social Norms and the Rule of Law, Amir N. Licht
Judge Noonan's J'accuse . . . !, Brannon P. Denning
Judicial Globalization in the Service of Self-Government, Martin S. Flaherty
“Judicial Nationalism” in International Law: National Identity and Judicial Autonomy at the ICJ, Adam M. Smith
Judicial Perspectives on the Federal Sentencing Guidelines and the Goals of Sentencing: Debunking the Myths, Michael E. O'Neill
Judicial Power & Civil Rights Reconsidered, David E. Bernstein and Ilya Somin
Judicial Recognition of the Interests of Animals - A New Tort, David Favre
Justice and the Outsider: Jurisdiction over Non-Members in Tribal Legal Systems, Bethany R. Berger
Known Unknowns: The Delusion of Terrorism Insurance, Michelle Boardman
Lawmaking by Public Welfare Professionals, Margaret F. Brinig
Lawrence and Same-Sex Marriage Bans: On Constitutional Interpretation and Sophistical Rhetoric, Mark Strasser
Lawyers, Guns and Money: Content Contextualism and the Cognitive Foundations of Statutory Interpretation, Gary Blasi
Leaving Money On the Table: Contract Practice in a Low-Trust Environment, Ruben Kraiem
Legal Images of Fatherhood: Welfare Reform, Child Support Enforcement, and Fatherless Children, Jane C. Murphy
Let’s Get a Vision: Drafting Effective Arbitration Agreements, Laurie E. Leader and Melissa Burger
Liability Rules for Constitutional Rights: The Case of Mass Detentions, Eugene Kontorovich
Logic, Language and Legal Science: Are We Lagging Behind?, James S. McQuade
Lysistrata, Women and War: International Law's Treatment of Women in Conflict and Post-Conflict Situations, Emma L. Lindsay
Making a List and Checking It Twice: Must Tax Attorneys Divulge Who's Naughty and Nice?, Richard Lavoie
Making Federalism Doctrine, Ernest A. Young
Making Sense of Payments Policy in the Information Age, Ronald J. Mann
Mandatory Recall Authority: A Sensible and Minimalist Approach to Improving Food Safety, Michael T. Roberts
Marbury's Myths: John Marshall, Judicial Review and the Rule of Law , Robert J. Reinstein
Mass Toxic Tort Litigation and Class Action Rule Reform in the United States, Jason L. Betts
Media Policy out of the Box: Content Abundance, Attention Scarcity, and the Failures of Digital Markets, Ellen P. Goodman
Mixed Signals: Reconsidering the Political Economy of Judicial Deference to Administrative Agencies, Matthew C. Stephenson
Modern Bootlegging and the Prohibition on Fair Prices: Last Call for the Repeal of Pharmaceutical Price Gouging, Luke W. Cleland
Monopoly Power in the Electronic Information Industry: Why, and So What?, Curt A. Hessler
Multilateral Environmental Agreements and the Compliance Continuum, Teall E. Crossen
Narrative Highground: The Failure of Intervention as a Procedural Device in Affirmative Action Litigation, Danielle R. Holley
National Identity Cards: Fourth and Fifth Amendment Issues, Daniel J. Steinbock
National Security CAPPS Individual Civil Liberties in Times of Crisis, Matthew D. Greenwell
Negotiating Bankruptcy Legislation through the News Media, Melissa B. Jacoby
Neutrality Agreements and Card Check Recognition: Prospects for Changing Paradigms, James J. Brudney
New Jersey’s Model Response to Predatory Lending, David J. Reiss
No Free Lunch: How Settlement Can Reduce the Legal System's Ability to Induce Efficient Behavior, Abraham Lee Wickelgren
Norms, Rationality, and Communication: A Reputation Theory of Social Norms, Andreas Engert
Not Enough? An Examination of China’s Compliance with the Intentions of the TRIPS Accord, Jonathan Mark W.W. Chu
Obesity and Advertising Policy, Todd J. Zywicki, Debra Holt, and Maureen Ohlhausen
Occupational Risk: The Outrageous Reaction to HIV Positive Public Safety and Health Care Employees in the Workplace, Manju Gupta
Occupation Failures and the Legality of Armed Conflict: The Case of Iraqi Cultural Property, Mary Ellen O'Connell
Old Lyrics, Knock-Off Videos, and Copycat Comic Books: The Fourth Fair Use Factor in U.S. Copyright Law, Gregory M. Duhl
On Brown v. Board of Education's 50th Anniversary: To Integrate or Separate Is Not the Question, Thomas Kleven
On Kamisar, Killing, and the Future of Physician-Assisted Death, Norman L. Cantor
Online Music Joint Ventures: Taken for a Song, Harry First
On the Alienation of Legal Claims, Michael Abramowicz
On the Freedom to Associate or Not to Associate with Others, Thomas Kleven
On the Misuse of the Nash Bargaining Solution in Law and Economics, Abraham L. Wickelgren
Owning Music: From Publisher's Privilege to Composer's Copyright, Michael W. Carroll
Paradoxes of Health and Equality: When a Boy Becomes a Girl, Noa Ben-Asher
Partnerships with Monarchs: Univeiling and Re-examining the Pattern of "Third World" Economic Development in the Petroleum and Energy Sector, Diane M. Bales
Patent Wars in the Valley of the Shadow of Death: The Pharmaceutical Industry, Ethics and Global Trade, Uche Ewelukwa
Paying the Price for Our Children’s Torts: Exploring Parental Liability Statutes Employed in the South, John Kevin Phillips
“Politics as Markets” Reconsidered: Economic Theory, Competitive Democracy and Primary Ballot Access , David N. Schleicher
Predatory Investments, Richard S. Markovits
Predatory Systems Rivalry and Predatory Aftermarket Conduct, Richard S. Markovits
“Preemptive War”: Is It Constitutional?, John B. Mitchell
Private Benefits of Control, Antitakeover Defenses and the Perils of Federal Intervention, Sharon Hannes
Procedural Due Process Aspects of District of Columbia Eviction Procedures, Lynn E. Cunningham
Procedural Justice, Lawrence B. Solum
Procreative Freedom and Convicted Criminals in the United States and the United Kingdom: Is Child Welfare Becoming the New Eugenics?, Elaine E. Sutherland
Progressivist Origins of the 2003 California Gubernatorial Recall, Kira L. Klatchko
Property Condition Disclosure Forms: How REALTORS Eased the Transition from Caveat Emptor to "Seller Tell All", George Lefcoe
Putting Humpty Dumpty Back Together: Pricing in Anticommons Property Arrangements, Ben Depoorter and Sven Vanneste
Racism as "the Nation's Crucial Sin": Theology and Derrick Bell , George H. Taylor
Real Options in Law: (Possibly, Frivolous) Litigation and Other Applications, Peter H. Huang
Reconsidering the Prohibition against General Solicitation during Section 3(c)(7) Offerings, Daniel P. Taub
Reconstituting the Law of the Workplace in an Era of Self-Regulation, Cynthia L. Estlund
Reform(aliz)ing Copyright, Chris Sprigman
Regulating Internet Payment Intermediaries, Ronald J. Mann
Rents, Dissipation, and Lost Treasures with N Parties, Giuseppe Dari-Mattiacci, Eric Langlais, and Francesco Parisi
Rescuing Children from the Marriage Movement: The Case against Marital Restrictions on Adoption and Assisted Reproduction, Richard F. Storrow
Resolving Renvoi: The Bewitchment of Our Intelligence by Means of Language, Kermit Roosevelt
Resource Parity for Defense Counsel and the Struggle Between Public Choice and Public Ideals, Ronald F. Wright
Responsible Corporate Officers and Section 113(C)(6) of the Clean Air Act: The Dormant Provision with a Useful Function, Peter C. White
Resurrecting the Press Clause, David A. Anderson
Rethinking Public Engagement in the Administrative State, Mariano-Florentino Cuellar
Rethinking Regulatory Democracy, Mariano-Florentino Cuellar
Rethinking the Unilateral Application of the Lanham Act, Jinku Hwang
Return to Sender? Inadvertent Disclosure of Privileged Information, Richard J. Heafey
Reverse Moderate Relativism Applied: Third Generation International Human Rights from an Islamic Perspective, Jason G. Morgan-Foster
Review of the Merits in Class Action Certification, Geoffrey P. Miller
Revisiting the Role of the Future in Accounting Reform, Lawrence A. Cunningham
Rights at United States Borders, Jon Adams
Rules of the Game: The "Play in the Joints" between the Religion Clauses, Sharon Keller
Same-Sex Unions and Conflicts of Law: When "I Do" May Be Interpreted as "No, You Didn't"!, Kathy T. Graham
Scrooge—The Reluctant Stakeholder, Benedict C. Sheehy
Secrets and Liens: Verification and Measurement in Commercial Finance Law, Jonathan C. Lipson
Section 4(f): Analyzing Differing Interpretations and Examining Proposals for Reform, David E. Kunz
Secularism's Laws: State Blaine Amendments and Religious Persecution, Kyle Duncan
Securing Truth for Power: Informational Strategy and Regulatory Policy Making, Cary Coglianese
Separation of Powers and the Commander in Chief: Congress’s Authority to Override Presidential Decisions in Crisis Situations, Reid Skibell
Seventeen Famous Economists Weigh in on Copyright: The Role of Theory, Empirics, and Network Effects, Stan Liebowitz and Stephen Margolis
Sex Discrimination in the Nineties, Seventies Style: Case Studies in the Preservation of Male Workplace Norms, Michael L. Selmi
Sex, Lies, and Clients: From Bill Clinton to Oscar Wilde, Steven Lubet
Sex Slavery in the United States and Its Law to Stop It Here and Abroad, Susan Tiefenbrun
Shakedown at Gucci Gulch: A Tale of Death, Money & Taxes, Edward J. McCaffery and Linda R. Cohen
Shaping Code, Jay P. Kesan and Rajiv C. Shah
Show Me the Money – The Dominance of Wealth in Determining Rights Performance in Asia, Randall P. Peerenboom
Small Business and the False Dichotomies of Contract Law, Larry Garvin
Soft Negligence and Cause In Fact: A Comment on Ganuza and Gomez, Giuseppe Dari-Mattiacci
Solving the Punitive Damage Mismatch, Ari Behar
Some Antitrust Foundations of Payment Card Associations, Koki Arai
Some Commonplace Confusions about Consent in Rape Cases, Peter Westen
Something Fishy, Tamara R. Piety
Speech as Conduct: Generally Applicable Laws, Illegal Courses of Conduct, “Situation-Altering Utterances,” and the Uncharted Zones, Eugene Volokh
Suburban Sprawl, Jewish Law, and Jewish Values, Michael E. Lewyn
Takings Formalism and Regulatory Formulas: Exactions and the Consequences of Clarity, Mark Fenster
Tax, Corporate Governance, and Norms, Steven Bank
Technological Protection Measures in the United States, the European Union and Germany - How much Fair Use do we need in the "Digital World"?, Wencke Baesler
Test of Multilateralism in International Trade: U.S. Steel Safeguards, Y.S. LEE
Textual Harassment: A New Historicist Reappraisal, Hila Keren
Textual Harassment: A New Historicist Reappraisal with Gender in Mind, Hila Keren
The Alley Behind First Street, Northeast: Criminal Abortion in the Nation's Capital 1873-1973, Douglas R. Miller
The American "Covenant Marriage" in the Conflict of Laws, Peter Hay
The Aretaic Turn in Constitutional Theory, Lawrence B. Solum
The Assumption of Risk Doctrine, Liability-Limiting Statutes, and Skateboarding, David Amell
The Birth of a Logical System: Thurman Arnold and the Making of Modern Administrative Law, Mark Fenster
The Cambodian Amnesties: Beneficiaries and the Temporal Reach of Amnesties for Gross Violation of Human Rights , Ronald C. Slye
The Cocaine Vaccine, Dru Stevenson
The Coherence of Orthodox Fourth Amendment Jurisprudence, Samuel C. Rickless
The Constitution and the Lessons of Rome, Louis J. Sirico
The Constitution in Two Dimensions: A Transaction Cost Analysis of Constitutional Remedies. , Eugene Kontorovich
The Control of Wealth in Bankruptcy, Jay L. Westbrook
The Customary International Law Supergame, Joel P. Trachtman and George Norman
The Dilution Effect: Federalization, Fair Cross-Sections, and the Concept of Community, Laura G. Dooley
The Dividend Divide in Anglo-American Corporate Taxation, Steven Bank
The DMCA Subpoena Power: Who Does It Actually Protect?, Thomas P. Ludwig
The Duchess' Privy Chamber: Early Modern Marriage Law and the Eviction of Women from the Public Sphere in John Webster's "Duchess of Malfi" , Carla Spivack
The Economics of Limited Liability: An Empirical Study of New York Law Firms, Scott Baker and Kimberly D. Krawiec
The Effects of Jury Ignorance about Damage Caps: The Case of the 1991 Civil Rights Act, Rebecca Hollander-Blumoff and Matthew T. Bodie
The End of Notice: Secrets and Liens in Commercial Finance Law, Jonathan C. Lipson
The Ethics of the Adversary System, Greg S. Sergienko
The Evolution of Sherman Act Jurisdiction: A Roadmap for Competitive Federalism, D. Bruce Johnsen
The Evolving Law on the Eurobank—Customer Relationship and the Common Law., Edmund M. Kwaw
The Federal Trade Commission and the Future Development of U.S. Consumer Protection Policy, Timothy Muris
The Goals of Contract Remedies, Mark P. Gergen
The Grammar of Incest: Boundary Violation, Disgust, and the Slippery Slope Trope, Courtney M. Cahill
The Guise of Justice: Jurisdiction & Extradition of Osama Bin Laden & Al Qaeda Terrorists, Matthew Greenwell
The Historical and Political Origins of the Corporate Board of Directors, Franklin A. Gevurtz
The Immunity of Foreign Subsidiaries under the Foreign Sovereign Immunities Act, Melissa M. Lang
The Importance of Corporate Models, Benedict C. Sheehy
The Internal Revenue Code as Sodomy Statute, Anthony C. Infanti
The Israeli Lust for Peace: Illusion, Tragedy and Prospect, Lloyd R. Cohen
The Last Line of Defense: The Doctrine of Command Responsibility, Gender Crimes in Armed Conflict, and the Kahan Report (Sabra & Shatilla), Sherrie L. Russell-Brown
The Law and Economics of Cybersecurity: An Introduction, Mark F. Grady and Francesco Parisi
The Law in Action at the WTO, Spencer Weber Waller
The Legal Function of Ritual, Geoffrey P. Miller
The Lessons Stem Cells Provide Vis-à-Vis Patents: Working Towards an International/Universal Patent Regime. , Charles F. Hall
The Limitations of Retirement Plan Law, Peter M. van Zante
The Many Faces of the Economic Substance's Two-Prong Test: Time for Reconciliation?, Yoram Keinan
The Market For Justice, The "Litigation Explosion," and The "Verdict Bubble": A Closer Look At Vanishing Trials, Frederic Nelson Smalkin and Frederic Nelson Chancellor Smalkin
The Market for Private Dispute Resolution Services--An Empirical Re-Assessment of ICANN-UDRP Performance, Jay P. Kesan and Andres A. Gallo
The Maximands of Corporate Governance: A Theory of Values and Cognitive Style, Amir N. Licht
The Mechanics of Judicial Vote Switching , H. Ron Davidson
The Military -Judicial Nexus in Response to Terrorism: KKK and AlQaeda, Wayne McCormack
The Modest Original Meaning of the Commerce Clause, Calvin H. Johnson
The Myth of the Software Patent Thicket, Ronald J. Mann
The Needle and the Damage Done: How Hoffman Plastics Promotes Sweatshops and Illegal Immigration and What to Do About It , Jennifer s. Berman
The New Japanese Law Schools, James R. Maxeiner
The New Neurobiology of Severe Psychiatric Disorders and Its Implications for Laws Governing Involuntary Commitment and Treatment, E Fuller Torrey and Ken Kress
The New Neurobiology of Severe Psychiatric Disorders and Its Implications for Laws Governing Involuntary Commitment and Treatment, E Fuller Torrey and Kenneth Kress
The New, Old United Nations - Proposal of an Interpretative Model, Paul Tan
The Nomos and Narrative of Matsushita, Nickolai G. Levin
The "No Property" Problem: Understanding Poverty by Understanding Wealth, Jane Baron
Theory and Practice of Competition Advocacy at the FTC, James C. Cooper, Paul A. Pautler, and Todd J. Zywicki
The Paperless Chase: Electronic Voting and Democratic Values, Daniel P. Tokaji
The Perils of "Consensus": Hans Kelsen and the Legal Philosophy of the United Nations, J. Peter Pham
The Pervasiveness of Culture in Conflict, Pat Chew
The Philadelphia Story: The Rhetoric of School Reform, Susan DeJarnatt
The Police Power Revisited: Phantom Incorporation and the Roots of the Takings Muddle, Bradley C. Karkkainen
The Poor State of Health Care Quality in The U.S.: Is Malpractice Liability Part of the Problem or Part of the Solution?, Charles Silver
The Public Justification Approach to Statutory Interpretation, Bernard W. Bell
The Rational Exuberance of Structuring Venture Capital Startups, Victor Fleischer
The Relation Between Autonomy-Based Rights and Profoundly Disabled Persons, Norman L. Cantor
The Right to Family Life and Civil Marriage under International Law and Its Implementation in the State of Israel, Yuval Merin
The Right to Trial by Jury in Environmental Cost-Recovery and Contribution Actions: United States v. England, Jonathan L. Mayes
The Rise of Managerial Judging in International Criminal Law, Maximo Langer
The Rise of the Code of Conduct in Japan: Legal Analysis and Prospect, Koji Ishikawa
The Roadmap for Failure: Israeli and Palestinian Discountenance and Misunderstanding, John J. Marciano
The Role of History and Culture in Developing Bankruptcy and Insolvency Systems, Nathalie Martin
The Role of Purposivism in the Delegation of Rulemaking Authority to the Courts, Michael Rosensaft
The Same Side of Two Coins: The Peculiar Phenomenon of Bet-Hedging in Campaign Finance, Jason Cohen
The Self-Incrimination Clause Explained and Its Future Predicted, Ronald J. Allen
The Several Lives of Mickey Mouse: The Expanding Boundaries of Intellectual Property Law, Ben Depoorter
The Silent LLC Revolution-- The Social Cost of Academic Neglect, Howard M. Friedman
The Theory and Practice of Statutory Interpretation in the Supreme Court, Frank Cross
The Trajectory of (Corporate Law) Scholarship, Brian R. Cheffins
The Unsolvable Dilemma of a Paretian Policymaker, Giuseppe Dari-Mattiacci and Nuno Garoupa
Thinking outside the Pandora's Box: Why the DMCA is Unconstitutional under Article I §8 of the U.S. Constitution, Joshua L. Schwartz
This Is Not Like Any Other Legal Question: A Brief History of Nazi Law before British and American Courts, David Fraser
Time Travel, Hovercrafts, and the Fourth Amendment: If James Madison Could Have Seen the Future, George C. Thomas
Toward a Criminal Law for Cyberspace: Distributed Security, Susan Brenner
Toward a New Theory of Notice and Deterrence, Dru Stevenson
Toward a Small Donor Democracy: The Past and Future of Incentive Programs for Small Political Contributions, Thomas J. Cmar
Towards an Establishment Clause Theory of Race-Based Allocation after Grutter: Administering Race-Conscious Financial Aid, Maurice R. Dyson
Towards a New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
Transnational Administration: International Data Transfers under the European Privacy Directive, Francesca Bignami
Trial of the Accused Taliban and Al Qaeda Operatives Captured in Afghanistan and Detained on a U.S. Military Base in Cuba, Jaime Jackson
Trumps, Inversions, Balancing, Presumptions, Institution Prompting, and Interpretive Canons: New Ways for Adjudicating Conflicts Between Legal Norms, Carlos E. Gonzalez
“Ua koe ke kuleana o na kanaka” (reserving the rights of native tenants): Integrating Kuleana Rights and Land Trust Priorities in Hawai`i, Jocelyn B. Garovoy
United States v. Bean: Shoveling after the Elephant?, Pannal A. Sanders
Universal Jurisdiction and Drug Trafficking: A Tool for Fighting One of the World's Most Pervasive Problems , Anne H. Geraghty
Universal Jurisdiction in Absentia, Ryan P. Rabinovitch
Unraveling Unlawful Entrapment, Anthony M. Dillof
Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866, Danaya C. Wright
Using Our Brains: What Cognitive Science Teaches about Teaching Law Students to Be Ethical, Professionally Responsible Lawyers, Alan M. Lerner
Valuation Averaging: A New Procedure for Resolving Valuation Disputes, Keith Sharfman
Virtual Markets for Virtual Goods: The Mirror Image of Digital Copyright?, Peter D. Eckersley
Was the Right to Keep and Bear Arms Conditioned on Service in an Organized Militia?, Randy E. Barnett
What Counts as Fraud? An Empirical Study of Motions to Dismiss under the Private Securities Litigation Reform Act, Adam C. Pritchard
What is Fiscal Responsibility? Long-term Deficits, Generational Accounting, and Capital Budgeting, Neil H. Buchanan
What's Really Wrong with Compelled Association?, Seana V. Shiffrin
When Daddy Doesn't Want to Be Daddy Anymore: An Argument against Paternity Fraud Claims, Melanie B. Jacobs
When Does a Discharge of a Bail Bond Discharge the Surety?, Jason D. Katz
When Equality Leaves Everyone Worse Off: The Problem of Leveling Down in Equality Law, Deborah L. Brake
“Which One of You Did It?” Criminal Liability for “Causing or Allowing” the Death of a Child, Lissa Griffin
Whistle Blowing, Ben Depoorter and Jef De Mot
Who Holds the Real Veto: Use of Force and the Trusteeship Analogy, Paul Tan
Who Owns the 'First Rough Draft of History'? Reconsidering Copyright in News, Eric B. Easton
Will the WTO Turn Green? The Implications of Extending Observer Status to Multilateral Environmental Agreements, Richard L. Skeen
Will Video Kill the Radio Star? Visual Learning and the Use of Display Technology in the Law School Classroom, Fred Galves
Wine Wars: The 21st Amendment and Discriminatory Bans to Direct Shipment of Wine , Todd J. Zywicki
Wireless Telecommunications, Infrastructure Security, and the NIMBY Problem, Steven J. Eagle
Wiretapping's Fruits, the First Amendment, and the Paradigms of Privacy, Bernard W. Bell
Writing Their Faith into the Law of the Land: Jehovah's Witnesses, the Supreme Court and the Battle for the Meaning of the Free Exercise Clause, 1939-1945, Patrick J. Flynn
WTO Plus: Creating Liberal Investment through Regulating Tax Incentives, Jeremiah Johnson
'You'd Better Be Good': Congressional Threats of Removal against Federal Judges, Marc O. DeGirolami
