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 2005
Home as a Legal Concept, Benjamin Barros
Block Me Not: Are Patented Genes 'Essential Facilities'?, Shamnad Basheer
Deadly Discounts: How Reimportation Jeopardizes the Safety of the U.S. Pharmaceutical Drug Supply under the Federal Trade Commission Amendment, Nicole C. Bates
Minority Rights, Minority Wrongs, Elena A. Baylis
Turning Offense into Defense: Making Sense of Public Citizen's Arguments against the WTO, Branden A. Bell
From International Law to Law and Globalization, Paul Schiff Berman
Towards a Cosmopolitan Vision of Conflict of Laws: Redefining Governmental Interests in a Global Era, Paul Schiff Berman
The Limits of Equality - Wishing for Discrimination?, Yifat Bitton
Restorative Justice, Slavery and the American Soul, A Policy-Oriented Approach to the Question of Slavery Reparations by the United States, Michael F. Blevins
Congressional Oversight of Counterterrorism and Its Reform, Robert F. Blomquist
Jury Trials in Japan, Robert M. Bloom
On the Potential of Neuroscience: A Comment on Greene and Cohen’s "For the Law, Neuroscience Changes Nothing and Everything", Theodore Y. Blumoff
The Problems with Blaming, Theodore Y. Blumoff
The Future of the Casebook: An Argument for an Open-Source Approach, Matthew T. Bodie
Cultural Relativism in International War Crimes Prosecutions: The International Criminal Tribunal for Rwanda, Ida L. Bostian
Blocking Legal Evolution and Paying the Price: Property and Conflict in the Nigerian Highlands, Karol C. Boudreaux
Neo-Colonial Relationships Gone Wrong: French Leaders Should Be Held Legally Responsible for their Role in the Rwandan Genocide, Kirsten T. Bowman
Seeing Government Purpose through the Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman
Private International Law-Making for the Financial Markets, Caroline Bradley
Getting Real About Privacy: Eccentric Expectations in the Post-9/11 World, Jeffrey A. Breinholt
Who Are the Good Guys? The Legacy of Watergate and the Tangled Webs We Weave, Jeffrey A. Breinholt
Va Savoir! - The Adage "Jura Novit Curia" in Contemporary France, Douglas Brooker
From Pax Mercatoria to Pax Europea: How Trade Dispute Procedures Serve the EC's Regional Hegemony , Tomer Broude
Taking 'Trade and Culture' Seriously: Geographical Indications and Cultural Protection in WTO Law , Tomer Broude
Modern Day Slavery in Our Own Backyard, Ellen L. Buckwalter, Meredith S. Salvaggio, Susan L. Pollet, and Maria Perinetti
Nuclear Energy and Proliferation: Problems, Observations, and Proposals, Taylor A. Burke
The Aesthetics of Lawrence v. Texas' Moral Vision, Courtney Megan Cahill
California’s New Ethics Standards: A Hot Bed of Controversy, Rebecca Callahan
Facework in Mediation: The Need for "Face" Time, Rebecca Callahan
Identity and Market for Loyalties Theories: The Case for Free Information Flow in Insurgent Iraq, Paul D. Callister
Law’s Box: Law, Jurisprudence and the Information Ecosphere, Paul D. Callister
The Law and Economics of Wardrobe Malfunction, Adam Candeub
Keeping Score: The Struggle for Music Copyright, Michael W. Carroll
Christian Faith and Political Life: A Pre- and Post-Election Dialogue, Jason Carter and Randy Beck
The Difficulty in Winning Restaurant Defamation Cases, Joshua A. Cash
Tax Havens and Public International Law: The Case of the Netherlands Antilles, Georges A. Cavalier
Copyright and Open Source Software Licensing, Sau Sheong Chang
No Longer Just Company Men: The Flexible Workforce and Employment Discrimination (Book Review of Katherine Stone's From Widgets to Digits), Miriam A. Cherry
Markets For Markets: Origins and Subjects of Information Markets, Miriam A. Cherry and Robert L. Rogers
Extending Predation Analysis to Monopolist's Bundled Discounts under Section 2: An Economic, Legal, and Comparative Perspective, Seth B. Chertok
Jurisdictional Competition in the European Community, Seth B. Chertok
The W Visa: A Legislative Proposal for Female and Child Refugees Trapped in a Post-9/11 World, Marisa S. Cianciarulo
The Legal Employment Market: Determinants of Elite Firm Placement, and How Law Schools Stack Up, Anthony M. Ciolli
Management-Based Strategies for Improving Private Sector Environmental Performance, Cary Coglianese and Jennifer Nash
Seeing Straight in the Workplace: An Examination of Sexual Orientation Discrimination in Public Employment in the Aftermath of Lawrence v. Texas, Devin A. Cohen
The Same Side of Two Coins: The Peculiar Phenomenon of Bet-Hedging in Campaign Finance, Jason Cohen
Race Against the Machine: An Argument for the Standardization of Voting Technology, Jason Belmont Conn
International Responsibility for Human Rights Violations by American Indian Tribes, Klint A. Cowan
Making Free Speech Affordable: A Discussion of Legislation to Provide Public Funding to Candidates for the U.S. Congress, Jared S. Cram
Harry Potter and the Three-Second Crime: Are We Vanishing the De Minimis Defense from Copyright Law?, Julie Cromer
Why Judicial Review Fails: Organizations, Politics, and the Problem of Auditing Executive Discretion, Mariano-Florentino Cuellar
Major Lenders' May Violate Due Process by Enforcing One-Sided Arbitration Contracts to Avoid Borrowers' Defenses to Foreclosure, Lynn E. Cunningham
Law as a Healing Profession: The “Comprehensive Law Movement”, Susan Daicoff
Solomon Amendment, Gerald A. Daniel
Lost in Translation: The Economic Analysis of Law in the United States and Europe, Kenneth G. Dau-Schmidt
The Duty to Bargain in Good Faith: NLRB v. Truitt Manufacturing Co. and NLRB v. Insurance Agents’ International Union, Kenneth G. Dau-Schmidt
A Call To Arms: “Taking” The Volunteer Out Of The All Volunteer Force, Jerome Dees
The Five Stages of Law Review Submission, Brannon P. Denning
Harmonizing Business Laws in Africa: OHADA Calls the Tune, Claire M. Dickerson
A Theory of Interpretation in the Realm of Idealism, Larry A. DiMatteo
Counter-Majoritarian Power and Judges' Political Speech, Michael R. Dimino
The Rise and Fall of Israel's Senior Citizens’ Law, Israel Doron
A Comparative Analysis of International Tribunals: The Formation of an Iraqi Judiciary to Try Sadaam Hussein, Melissa L. Dougherty
An Analysis for the Valuation of Venture Capital-Funded Startup Firm Patents, John Dubiansky
The Abolition of Wealth Transfer Taxes: Lessons from Canada, Australia, and New Zealand, David G. Duff
Sailing Around Erie:The Emergence of a Federal General Common Law of Arbitration, Kenneth Dunham
Awakening An Empire of Liberty: Exploring The Roots of Socratic Inquiry and Political Nihilism In American Democracy, Maurice R. Dyson
Law and Poetry, Edward J. Eberle
Protecting Black Tribal Members: Is the Thirteenth Amendment the Linchpin to Securing Equal Rights within Indian Country?, Lydia M. Edwards
Treaty Solutions From the Land Down Under: Reconciling American Federalism and International Law, Cyril R. Emery
True Lies: The Constitutional and Evidentiary Bases for Admitting Prior False Accusation Evidence in Sexual Assault Prosecutions, Jules Epstein
Appreciating ADR's Global Role with Good Governance, Nancy D. Erbe
The Ethics of Cause Lawyering: An Examination of Criminal Defense Lawyers as Cause Lawyers, Margareth Etienne
Recalibrating the War on Terror by Enhancing Development Practices in the Middle East, Kevin J. Fandl
The Problematics of the Pareto Principle, Daniel A. Farber
A Brief Look at Broward County Lawyers’ and Judges’ Attitudes Toward Plea Bargaining as a Tool of Courtroom Efficiency, Mohammad A. Faruqui
Rethinking Rights in Biospace, Robin C. Feldman
Divided by Common Interests: Transatlanticism and the Future of International Law After Iraq, Aaron X. Fellmeth
The Opacity of Transparency, Mark Fenster
Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues into the Criminal Law Course, Linda C. Fentiman
Juridical Discourse and Evolutionary Dynamics , Atahualpa Fernandez
Law and Human Nature: The Social-Adaptive Function of the Normative Behavior, Atahualpa Fernandez
Law and Neuroscience, Atahualpa Fernandez
Moral Intelligence: Mind, Brain an the Law , Atahualpa Fernandez
A New Weapon against Piracy: Patent Protection as an Alternative Strategy for Enforcement of Digital Rights, Dennis S. Fernandez, Matthew Chivvis, and Mengfei Huang
Deterrence and Crime Results, Marcelo Ferrante
The "Planes, Trains, and Automobiles" Defense to Patent Infringement for Today's Global Economy: Section 272 of the Patent Act, Ted L. Field
The Expansion of Intellectual Property Rights by International Agreement: A Case Study Comparing Chile and Australia’s Bilateral FTA Negotiations With the U.S., Ralph G. Fischer
Towards a Basal Tenth Amendment: A Riposte to National Bank Preemption of State Consumer Protection Laws, Keith R. Fisher
Transparency in Global Merger Review: A Limited Role for the WTO?, Keith R. Fisher
The Missing Preferred Return, Victor Fleischer
Out of Bounds: San Francisco's Homeless Policies, Alexandra Flynn
Reclaiming the Public Forum: Courts Must Stand Firm Against Governmental Efforts to Displace Dissidence, Christopher B. Ford
Still Mortgaging the American Dream: Predatory Lending, Preemption, and Federally-Supported Lenders, Julia P. Forrester
Water Justice in South Africa: Natural Resources Policy at the Intersection of Human Rights, Economics, & Political Power, Rose Francis
Help Wanted: The Constitutional Case against Gerrymandering to Protect Congressional Incumbents, Walter M. Frank