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
Public Agencies As Lobbyists, Jody Freeman
An Economic Theory of Infrastructure and Commons Management, Brett M. Frischmann
The Pull of Patents, Brett M. Frischmann
Forty-Two: The Hitchhiker's Guide To Teaching Legal Research To The Google Generation, Ian Gallacher
The Risks of and Reactions to Underdeterrence in Torts, Thomas C. Galligan
U.S. Supreme Court Tort Reform: Limiting State Power to Articulate and Develop Its Own Tort Law–Defamation, Preemption, and Punitive Damages, Thomas C. Galligan
Resolving the Paradox of the Consideration Doctrine: The Implications of Inefficient Signaling and of Anti-Commodification Norms, David S. Gamage
An Appellate Mechanism for Review of Arbitral Decisions in Investor - State Disputes: Prospects and Challenges, David A. Gantz
Preparing for CAFTA-DR: The Need of Commercial Law Reform in Central America, Omar E. Garcia-Bolivar
Income Tax Claims in the Year of Bankruptcy: A Congressionally Created Quagmire, Gregory L. Germain
Single Subject Rules and Public Choice Theory, Michael Gilbert
Making State Law in Federal Court, Benjamin C. Glassman
Morals-Based Justifications for Lawmaking: Before and After Lawrence v. Texas, 88 Minn. Law Rev. 1233, Suzanne B. Goldberg
Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, and Court Reform, Leigh Goodmark
Adjusting the Rear-View Mirror: Rethinking the Use of History in Supreme Court Jurisprudence, Mitchell Gordon
Federal-State Negotiations over Federal Enclaves in the Early Republic, Adam S. Grace
Wiley Rutledge and Executive Detention: A Judicial Conscience for His Time and Ours, Craig Green
Are Shareholders Entitled to the Residual? , Daniel J.H. Greenwood
Markets & Democracy: The Illegitimacy of Corporate Law, Daniel J.H. Greenwood
The Semi-Sovereign Corporation, Daniel J.H. Greenwood
Winning Wirzburger and Defeating the Blaine Amendments: Arguing Present Efficacy Instead of Past Intent, Brendan Michael Groves
Punishing Tobacco Industry Misconduct: The Case for Exceeding a Single Digit Ratio Between Punitive and Compensatory Damages, Sara D. Guardino and Richard A. Daynard
When Bankruptcy Meets Antitrust: The Case for Non-Cash Auctions in Concentrated Banking Markets, David Hahn
The Crawford Issue- The Supreme Court Sharpens the Teeth of the Confrontation Clause, Nathan Reed Haines
The High School Attainment Credit: A Tax Credit Encouraging Students to Graduate from High School, David Richard Hansen
A Tale of Three Nations?: The Role of United Nations Peacekeepers and Missions on the Concept of Nation-State, Nationalism, and Ownership of the State in Lebanon, the Democratic Republic of the Congo, and Kosovo, Alexandra R. Harrington
Resurrection from Babel: The Cultural, Political, and Legal Status of Christian Communities in Lebanon and Syria and Their Prospects for the Future, Alexandra R. Harrington
Victims of Peace: Current Abuse Allegations against U.N. Peacekeepers and the Role of Law in Preventing Them in the Future, Alexandra R. Harrington
The Practice and Legality of Rendition, Katherine R. Hawkins
Who's Your Daddy?: Challenging the Application of the Best Interest of the Child Standard to Adults and in the Context of an Intestate Estate, Tyler E. Heffron
It's Not the Thought that Counts, Deborah S. Hellman
Catch 1201: A Legislative History and Content Analysis of the DMCA Exemption Proceedings, Bill D. Herman and Oscar H. Gandy
Broken Borders: Decanas v. Bica, and the Standards that Govern the Validity of State Measures Designed to Deter Undocumented Immigration, Joshua J. Herndon
Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler
Digital Wars -- Legal Battles and Economic Bottlenecks in the Digital Information Industries, Curt A. Hessler
Memory and Pluralism on a Property Law Frontier, Gregory Alan Hicks
Driving Misjoinder: The Improper Party Problem in Removal Jurisdiction, Laura J. Hines and Steven S. Gensler
The "Duty" To Be a Rational Shareholder, David A. Hoffman
“Racially-Tailored” Medicine Unraveled, Sharona Hoffman
What IS a Tragedy of the Commons? Overfishing and the Campaign Spending Problem, Shi-Ling Hsu
The Constitutional Rhetoric of White Innocence, Cecil J. Hunt
Experiments on the Effects of Fee Shifting and Discovery on the Efficient Settlement of Tort Claims, Laura Inglis, Kevin McCabe, Steve Rassenti, Daniel R. Simmons, and Erik Tallrot
Spread Spectrum Is Good—But It Doesn’t Obsolete NBC v. US!, Charles L. Jackson, Raymond L. Pickholtz, and Dale N. Hatfield
Cybersecurity, Identity Theft, and the Limits of Tort Liability, Vincent R. Johnson
Ethics in Government at the Local Level, Vincent R. Johnson
The Comparative Analysis on the Presumption of Cartel Agreements Which is Unique in the Korean Cartel Regulation Provision, Woo-Jong Jon
Contracts Concluded by Electronic Agents - Comparative Analysis of American and Polish Legal Systems, Aleksandra M. Jurewicz
The Mirage of Equivalence and the Ethereal Principles of Parallelism and Horizontal Equity, Jeffrey H. Kahn
The Hydraulics and Politics of Party Regulation, Michael S. Kang
Rediscovering the Economics of Loss Causation , Richard Kaplan, Madge Thorsen, and Scott Hakala
The Deep Structure of Law and Morality, Robin B. Kar
Communication Breakdown?: The Future of Global Connectivity After the Privatization of INTELSAT, Kenneth D. Katkin
Collaboration and Modeling: Reconsidering "Non-Directive" Orthodoxy in Clinical Legal Education, Harriet N. Katz
A Powers-Based Approach to Idea-submission Law, Larissa Katz
Cross-Examining The Brain: A Legal Analysis of Neural Imaging for Credibility Impeachment, Charles N. W. Keckler
The New Deterrence: Crime and Policy in the Age of Globalization, Patrick Keenan
Recent Developments in the Law of the "Taking Issue", John C. Keene
Playing the Audit Lottery: The Role of Penalties in the US Tax Law in the Aftermath of Long Term Capital Holding v. United States , Yoram Keinan
The Rules of the Game: "Play in the Joints" between the Religion Clauses, Sharon Keller
The Power of an Indictment – The Legal Implications of the Demise of Arthur Andersen, James Kelly
The Market for Private Dispute Resolution Services -- An Empirical Re-Assessment of ICANN-UDRP Performance, Jay P. Kesan
Why "Bad" Patents Survive in the Market and How Should We Change?--The Private and Social Costs of Patents, Jay P. Kesan
Western Institution Building: The War, Hayek’s Cosmos and the WTO, M. Ulric Killion
Good Faith in the World of Delaware Corporate Litigation: A Strategic Perspective on Recent Developments in Fiduciary Duty Law, Zachary S. Klughaupt
Good Faith in the World of Delaware Corporate Litigation: A Strategic Perspective on Recent Developments in Fiduciary Duty Law, Zachary S. Klughaupt
The Recognition of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, and Strategic Institutional Choice, Nancy J. Knauer
Lost in the Shuffle: State-Recognized Tribes and the Tribal Gaming Industry, Alexa Koenig and Jonathan Stein
The Dual Purpose of the American Jobs Creation Act of 2004, Dennis J. Kokenos
Is There a Human Right to Resist Genocide?, David B. Kopel
A Technological Theory of the Arms Race, Lee B. Kovarsky
Organizational Form as Status and Signal, Kimberly D. Krawiec
Organizational Misconduct: Beyond the Principal-Agent Model, Kimberly D. Krawiec
No Longer Just for Diamonds in the Rough, Andrew Kulpa
The Shari'a Factor in International Commercial Arbitration, Faisal M. Kutty
A Moving Target: Property Owners' Duty to Prevent Criminal Acts on the Premises, Deborah J. La Fetra
A Foundation for International Taxation: The Institutional Competence of Nations, Eric T. Laity
Scholarly and Scientific Boycotts of Israel: Abusing the Academic Enterprise, Kenneth Lasson
The Paradox of Omnipotence: Courts, Constitutions, and Commitments, David S. Law
Reviving a Natural Right: The Freedom of Autonomy, Michael Anthony Lawrence
Reviving a Natural Right: The Freedom of Autonomy Amendment, Michael Anthony Lawrence
Reviving a Natural Right: The Freedom of Autonomy Amendment, Michael Anthony Lawrence
“Oh Lord, Please Don't Let Me Be Misunderstood!”: Rediscovering the Penn Central and Mathews v. Eldridge Frameworks, Gary Lawson, Katharine A. Ferguson, and Guillermo Montero
Anti-Competitive Practices in Service/Investment Markets Used by Korea and Japan, Eun Sup Lee
Corporate Law, Profit Maximization and the "Responsible Shareholder", Ian B. Lee
Towards a Development-Oriented Multilateral Framework on Competition Policy, Jae Sung Lee
‘Code’ and the Slow Erosion of Privacy, Ronald Leenes and Bert-Jaap Koops
Bilateralism under the World Trade Organization, Y.S. Lee
From Harm to Robustness: A Principled Approach to Vice Regulation, Jim Leitzel
Is It a Subsidy? An Evaluation of China's Currency Regime and Its Compliance with the WTO, Matthew R. Leviton
How Overregulation Creates Sprawl (Even in a City without Zoning), Michael E. Lewyn
Principles of Fairness for International Economic Treaties: Constructivism and Contractualism, John Linarelli
Contingency and Contracts: A Philosophy of Complex Business Transactions, Jeffrey Marc Lipshaw
Duty and Consequence: A Non-Conflating Theory of Promise and Contract, Jeffrey Marc Lipshaw
The Bewitchment of Intelligence: Language and Ex Post Illusions of Intention, Jeffrey Marc Lipshaw
Mathematical Determinism: Natural Law's Missing Link - Jurisprudence's Missing Axioms , Ashley Saunders Lipson
Price, Path & Pride: Third-Party Closing Opinion Practice Among U.S. Lawyers (A Preliminary Investigation), Jonathan C. Lipson