The bepress Legal Series contains manuscripts by top scholars, many of which will eventually appear in top law reviews. Browse the most recent submissions here!
from 2006
Turning a Blind Eye to Misleading Scientific Testimony: Failure of Procedural Safeguards in a Capital Case, William C. Thompson
Just Say "No Fishing": The Lure of Metaphor, Beth Thornburg
Legal Archaeology and Feminist Legal Theory: A Case Study of a Violation of a Protective Order , Debora L. Threedy
Peeking behind the Iron Curtain: How Law "Works" behind Prison Walls, Donald F. Tibbs
Cradled in the Declaration of Independence, Jay Tidmarsh
The Role of Reservations and Declarations before the Inter-American Court of Human Rights: The Las Hermanas Serrano Cruz Case and the Future of Inter-American Justice, Jessica L. Tillson
The Military Extraterritorial Jurisdiction Act and Its Implications for Private Military Companies, Dustin M. Tipling
When Should Judges Appoint Experts?: A Law and Economics Perspective, Jonathan T. Tomlin and David Cooper
The WTO Appellate Body Gambles on the Future of the GATS: Analyzing the Internet Gambling Dispute between Antigua and the United States before the World Trade Organization, Kelly Ann M. Tran
"You Can't Wear That to Vote": The Constitutionality of State Laws Prohibiting the Wearing of Political Message Buttons, Kimberly J. Tucker
Before Competition: Origins of the Internal Affairs Doctrine, Frederick Tung
Arms Embargoes and the Right to Self-Defense in International Law , Matthew D. Vandermyde
Humanitarian Laws and Human Rights Law-Analysis of Existing Differences and Similarities?, Roopam Verma
Contribution to the Understanding of the Public Domain, Vincenzo Vinciguerra
Can the UN Secretary-General Say "No": Revisiting the "Peking Formula", Jorge E. Vinuales
Privatization and the Law and Economics of Political Advocacy, Alexander Volokh
Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs, Eugene Volokh
When All Else Fails: Regulating Risky Products through Tort Litigation, Wendy E. Wagner
Cash, Credit or Cell Phone? How to Influence Public Preferences about Payment Systems, Sarah E. Waldeck and Erik Lillquist
Adult's Sexual Orientation and State Determinations Regarding Placement of Children, Michael S. Wald
Financial Accounting and Corporate Behavior, David I. Walker
A Default-Logic Paradigm for Legal Reasoning and Factfinding, Vern R. Walker
Microsoft and Trinko: A Tale of Two Courts, Spencer Weber Waller
Equal Protection in the World of Art and Obscenity: The Art Photographer's Latent Struggle with Obscenity Standards in Contemporary America, Elaine P. Wang
The Place of Structural Arguments in Contemporary Constitutional Theory, Kenneth Ward
Merits Stripping, Howard M. Wasserman
Reconceptualising Legal Education after War, Christopher P. Waters
On the Legal Construction of Ethnic Cleansing, Timothy V. Waters
Popular Sovereignty, Judicial Supremacy, and the American Revolution: Why the Judiciary Cannot Be the Final Arbiter of Constitutions, William J. Watkins
Whistleblower Protections under the Sarbanes-Oxley Act: A Primer and a Critique, Valerie J. Watnick
Backlash to Globalization in the Form of State Legislation: Constitutional Implications, John R. Weber
Individual Rights and Group Rights in the European Union's Approach to Minority Languages, Robert F. Weber
Article 17 and the Scope of Trademark Protection Afforded under the TRIPS Agreement, Katja G. Weckstroem
Vioxx: How Strong Is the Case against Merck?, Jason M. Weigand
The Uncertain Future of Marriage and the Alternatives, Daniel I. Weiner
Peace Is Not the Absence of Conflict: A Response to Professor Rogers' Article: "Fit and Function in Legal Ethics", Kirsten D. Weisenberger
Title IX versus Candian Human Rights Legislation: How the United States Should Learn from Canada's Human Rights Act in the Context of Sexual Harassment in Schools, Brianne I. Weiss
The Equivalence Approach to Securities Regulation, Tzung-bor Wei
Form and Substance: Standards for Promotion and Retention of Legal Writing Faculty on Clinical Tenure Track, Melissa H. Weresh
Finding a Water Ethic through Religion, Aesthetics, Conflicts & the Law, Chad A. West
Standard Errors: How Budget Rules Distort Lawmaking, Timothy M. Westmoreland
The Story of Me: The Underprotection of Autobiographical Speech, Sonja R. West
Haruki Murakami’s Legal Trilogy: A Paradigm of the Postmodern Lawyer, Jacob Bing White
Corporate Form and Substantive Consolidation, William H. Widen
Undoing the Native American Graves and Repartriation Act, Lori N. Wight
Misplaced Angst---Another Look at Consent-Search Jurisprudence, Daniel R. Williams
The Futile Debate over the Morality of the Death Penalty, Daniel R. Williams
Fluconomics--Preserving Our Hospital Infrastructure during and after a Pandemic, Vickie Williams
Working for Free: A New Tax Dodge for the Wealthy Magnifies Employment Tax Defects, Richard Winchester
The Power of Law Firm Partnership: Why Dominant Rainmakers Will Impede the Immediate, Widespread Implementation of an Autocratic Management Structure, Matthew Scott Winings
“Actions as Words, Words as Actions: Sexual Harassment Law, the First Amendment and Verbal Acts, John F. Wirenius
Confidential Informants in Private Litigation: Balancing Interests in Anonymity and Disclosure, Ethan D. Wohl
Senseless Kindness: The Politics of Cost Benefit Analysis, Louis E. Wolcher
The Tragic Foundations of Human Rights, Louis E. Wolcher
Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866, Danaya C. Wright
Exploring the Judicial Philosophy and Intellectual Independence of John Marshall Harlan I: A Temporal Examination across Three Chief Justices, George S. Yacoubian
The Coalescence of United States Immigration Law and International Criminal Law: An Exploration of Elias Zacarias in the Context of Female Genital Mutilation, George S. Yacoubian
The Most International of International Crimes: Toward the Incorporation of Drug Trafficking into the Subject Matter Jurisdiction of the International Criminal Court, George S. Yacoubian
Shareholders, Creditors, and Directors’ Fiduciary Duties: A Law and Finance Approach, Moin A. Yahya and Remus D. Valsan
International Treaty Enforcement as a Public Good: Institutional Deterrent Sanctions in International Environmental Agreements, Tseming Yang
The Conditional Effects of Ideology and Institutional Structure on Judicial Voting in State Supreme Courts, Jeff L. Yates, Paul Brace, and Brent Boyea
From Origin to Delta: Changing Landscape of Modern Constitutionalism, Jiunn-Rong Yeh and Wen-Chen Chang
Legal Consciousness and Contractual Obligations, Kojo Yelpaala
Implementation of Sarbanes-Oxley: New Rules for Lawyers and What Lawyers Think, Olga Yevglevskaya-Wayne
Explicit Evidence on an Implicit Contract, Andrew Young and Daniel Levy
Why It Is Time to Eliminate Genomic Patents, Together with Natural Extracts Doctrine That Have Supported Such Patents, Allen K. Yu
American Refugees and Asylum Seekers in Canada, Todd W. Zabel
Identity Theft and Consumer Protection: Finding Sensible Approaches to Safeguard Personal Data in the United States and Canada, Kamaal Zaidi
Wind Energy and Its Impact on Future Environmental Policy Planning: Powering Renewable Energy in Canada and Abroad, Kamaal Zaidi
The UN: A Situation Report, Benjamin Zawacki
Justice and the Evolution of the Common Law, Richard O. Zerbe
Amending the Foreign Corrupt Practices Act: Repealing the Exemption for “Routine Government Action” Payments, Alexandros Zervos
Linking Natural Resource Exploitation and Primary Health Care in Developing Countries, Alexandros Zervos
The Case for an International Truth and Reconciliation Commission, Alexandros Zervos
Clouds, Cameras, and Computers: The First Amendment and Networked Public Places, Timothy Zick
from 2005
Why Rent Control is Still a Regulatory Taking
Prosecuting Counterfeit License Plates: A Law Clerk's Constitutional Argument, Miguel R. Acosta
Is the Dutch Auction IPO a Good Idea?, Anita I. Anand
Voluntary vs Mandatory Corporate Governance: Towards an Optimal Regulatory Framework, Anita I. Anand
Embracing Uncertainty, Complexity and Change: An Eco-Pragmatic Reinvention of a First Generation Environmental Law, Mary Jane Angelo
The Custody Battle over Cryogenically Preserved Embryos after Divorce: Advocating for Infertile Women’s Rights, Cori S. Annapolen
Can Florida’s Legislative Standard of Review for Small-Scale Land Use Amendments Be Justified?, Bernard R. Appleman
Reports of Batson's Death Have Been Greatly Exaggerated: How the Batson Doctrine Enforces a Normative Framework of Legal Ethics, Laura I. Appleman
Good Faith Performance in Employment Contracts: A "Comparative Conversation" between the US and England, Katherine M. Apps
Ireland's New Responsibility: Refugees Buy the Irish Another Round, Shae D. Armstrong
The Lawyer as a Portfolio Manager: How Does the Fee System Influence on the Lawyer's Decision of Handling Legal Claim?, Christian At and Nathalie Chappe
Discourse of Disobedience: Law, Political Philosophy, and Trials of Conscientious Objectors, Hadar Aviram
The Cyclical Transformations of the Corporate Form: A Historical Perspective on Corporate Social Responsibility, Reuven S. Avi-Yonah
Accident Law for Egalitarians, Ronen Avraham and Issa Kohler-Hausmann
Accident Law for Egalitarians, Ronen Avraham and Issa Kohler-Hausmann
NATO Counterterrorism and Article 5: Hammer of the North Atlantic or Paper Tiger?, David D. Ayliffe
Intellectual Property Rights in Virtual Environments: Considering the Rights of Owners, Programmers and Virtual Avatars, Woodrow Barfield
Separation of Powers and the Criminal Law, Rachel E. Barkow
Bargaining Power in Contract Theory, Daniel D. Barnhizer
How Many Kicks at the Cat? Multiple Settlement Protests by Class Members Who Have Refused to Opt Out, Nicholas Barnhorst
Property and "No Property", Jane B. Baron