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
The DRM Dilemma: Re-Aligning Rights Under the Digital Millennium Copyright Act, Jacqueline D. Lipton
The Corporation as God, Douglas Litowitz
The False Promise of De-Regulation in Banking, Jonathan R. Macey
The Cultural Evolution of Tort Law, Stuart Madden
The Effect of Myth on Primitive and Ancient Justice , Stuart Madden
The Graeco-Roman Antecedents of Modern Tort Law, Stuart Madden
Autonomy and End of Life Decision Making: Reflections of a Lawyer and a Daughter, Ray D. Madoff
Substantive Due Process as a Source of Constitutional Protection for Nonpolitical Speech, Gregory P. Magarian
ADR: The New Equity, Thomas O. Main
Insider Trading: Hayek, Virtual Markets and the Dog that Did Not Bark, Henry G. Manne
Insider Trading: Hayek, Virtual Markets, and the Dog that Did Not Bark, Henry G. Manne
When the Federal Death Penalty Is "Cruel and Unusual", Michael J.Z. Mannheimer
Global Credit Card Use and Debt: Policy Issues and Regulatory Responses, Ronald J. Mann
Review of Agency Interpretations: The Difference Discovers Itself, Marla E. Mansfield
Selling Your Torts: Creating a Market for Tort Claims and Liability., Isaac M. Marcushamer
Accounting Fraud: Pleading Scienter of Auditors under the Private Securities Litigation Reform Act, Gideon Mark
Material Vulnerabilities: Data Privacy, Corporate Information Security and Securities Regulation, Andrea M. Matwyshyn
Assassination under the International Human Law, Wasem Mawlana
The Need for an Independent Federal Judiciary: Prison Reform Litigation Spurs Structural Change – The California Penal Crisis, James D. Maynard
Shareholder Bylaws, Shareholder Nominations, and Poison Pills, Brett H. McDonnell
In or Out? Groups and the Fourteenth Amendment after Lawrence v. Texas, Miranda McGowan
Hypoxia in the Gulf of Mexico: A Legal and Practical Analysis, Bradford T. McLane
Advisory Jurisdiction of the ICJ: The WHO Case: Implications for Specialized Agencies, Amit K. Meena
Thieves in Cyberspace: Examining Music Piracy and Copyright Law Deficiencies in Russia as It Enters the Digital Age, Michael F. Mertens
The Irrational Supreme Court, Michael I. Meyerson
Getting Around the GATT: Passing GATT-Legal Legislation to Protect Marine Living Resources, Brad L. Milkwick
Role-Based Policing: Restraining Police Conduct “Outside the Legitimate Investigative Sphere”, Eric J. Miller
Worthless Patents, Kimberly Moore
The Transnational Judicial Discourse and Felon Disenfranchisement: Re-examining the Textual Premise of Richardson v. Ramirez, Jason G. Morgan-Foster
Where There’s At-Will, There Are Many Ways: Redressing the Increasing Incoherence of Employment At Will, Scott A. Moss
Excessive Compensation in Publicly Held Corporations: Is The Doctrine of Waste Still Applicable?, John Murrey
Wrongful Birth: The Courts' Dilemma in Determining a Remedy for a "Blessed Event", Michael Thomas Murtaugh
A Comparison Analysis between the Standards Used in the Dneiper River Basin Clean-up and European Union Legislation, Hannah H. Naumoff-Dulski
The Wrongful Rejection of Big Theory (Marxism) by Feminism and Queer Theory: A Brief Debate, Dana Neacsu
Looking for Sullivan in Cyberspace, Geoffrey A. Neri
Of Mongrels and Men: The Shared Ideology of Anti-Miscegenation Law, Chinese Exclusion, and Contemporary American Neo-Nativism, Geoffrey A. Neri
Copyright Law, the Production of Creative Works and Cultural Growth in Cyberspace , Alina Ng
Copyright Law, the Production of Creative Works and Cultural Growth in Cyberspace , Alina Ng
Lawyers and Learning: A Metacognitive Approach to Legal Education, Anthony S. Niedwiecki
A Positive Theory of the War Powers Constitution, Jide O. Nzelibe
Tracing, Peter B. Oh
The Medieval Blood Sanction and the Divine Beneficence of Pain: 1100 - 1450, Trisha Olson
Wind Versus Water: Why 'Proximate Cause' Should Help, Not Hurt, Policyholders Who Seek Coverage for Hurricane Claims, Rhonda D. Orin
Purposeless Restraints: Fourteenth Amendment Rationality Scrutiny and the Constitutional Review of Prison Sentences, Michael P. OShea
The Geography of Climate Change Litigation: Implications for Transnational Regulatory Governance, Hari Osofsky
Up against a Wall: Europe’s Options for Regulating Biotechnology through Regulatory Anarchy, Aaron A. Ostrovsky
Tragedy & Remedy: Black Reparations for Racial Disparities in Health, Kevin Outterson
Can Regulation of Insider Trading Be Effective?, Alexandre Padilla
The Regulation of Insider Trading as an Agency Problem, Alexandre Padilla
Interdisciplinary Trends in Evidence Scholarship, Roger C. Park and Michael J. Saks
Statecraft, Trade and The Order of States, Dennis M. Patterson
Learning To Crawl: The Use of Voluntary Caps on Damages in Medical Malpractice Litigation, Ralph Peeples and Catherine Harris
Biblical BioPolitics: Judicial Process, Religious Rhetoric, Terri Schiavo and Beyond, Josh E. Perry
The Constitutional Right Not to Cooperate? Local Sovereignty and the Federal Immigration Power, Huyen Pham
Project Bioshield, More Than Meets The Eye: A Critique Of The U.S.’s Proposed Silver Bullet For Responding To Bio-Terrorism, Jodi A. Phillipo
Rhetorical Holy War: Polygamy, Homosexuality, and the Paradox of Community and Autonomy, Gregory C. Pingree
Reformas Regulatórias e Reestruturação no Setor Elétrico Americano: O que deu errado na Califórnia?(Regulatory Reforms and Restructuring of the US Electricity Sector: What happened in Califórnia?), Bruno José Marques Pinto
Blame Canada (and the Rest of the World): The Twenty-Year War on Imported Prescription Drugs, Daniel L. Pollock
The Dual Model of Balancing: A Model for the Proper Scope of Balancing in Constitutional Law, Iddo Porat
New Light on the Decision of 1789, Sai Prakash
“The (CISG) Road Less Travelled”: Case Comment on Grecon Dimter Inc. v. J.R. Normand Inc., Antonin I. Pribetic
Prisons of the Mind: Social Value and Economic Inefficiency in the Criminal Justice Response to Mental Illness, Amanda C. Pustilnik
Does the Establishment Clause Require Religion to Be Confined to the Private Sphere?, Kevin Pybas
Two Concepts of Liberalism in Establishment Clause Jurisprudence, Kevin Pybas
Why Rent Control Is Still a Regulatory Taking, R. S. Radford
Larceny Offenses in Islamic Law , Hisham Ramadan
Are Public Sector Assets by Nature Insuitable for Financing Transnational Investments? , Lucien A. Rapp
Finding a Happy Ending for Foreign Investors: the Enforcement of Arbitration Awards in the People's Republic of China, Ellen S. Reinstein
Subprime Standardization: How Rating Agencies Allow Predatory Lending to Flourish in the Secondary Mortgage Market, David J. Reiss
Applying 42 U.S.C. Section 1981 to Claims of Consumer Discrimination, Abby Morrow Richardson
Readers' Expectations, Discourse Communities, and Writing Effective Bar Exam Answers, Denise D. Riebe
Another Case in Lochner’s Legacy, The Court’s Assault on New Property: The Right to the Mandatory Enforcement of a Restraining Order is “a Sham, Nullity and Cruel Deception” , Christopher J. Roederer
The Constitutionally Inspired Approaches to Police Accountability for Violence Against Women in the U.S. and South Africa: Conservation versus Transformation, Christopher J. Roederer
The Transformation of South African Private Law after Ten Years of Democracy: The Role of Torts (Delict) in the Consolidation of Democracy, Christopher J. Roederer
Better Than Cash? Global Proliferation of Debit and Prepaid Cards and Consumer Protection Policy, Arnold S. Rosenberg
Antitrust and Inefficient Joint Ventures: Why Sports Leagues Should Look More Like McDonald’s and Less Like the United Nations, Stephen F. Ross
Dangerous Clients: A Phenomenological Solution to Bureaucratic Oppression, Edward L. Rubin
A Model for Emergency Service of VoIP through Certification and Labeling, Patrick S. Ryan, Tom Lookabaugh, and Douglas Sicker
From St. Ives to Cyberspace: The Modern Distortion of the Medieval 'Law Merchant', Stephen E. Sachs
God In The Machine: A New Structural Analysis of Copyright’s Fair Use Doctrine, Matthew J. Sag
Twenty-Five Years of the Substantial Advancement Doctrine Applied to Regulatory Takings: From Agins to Lingle v. Chevron, Larry Salzman
Copyright as Opposed to Subversive of Common Good , Miss Aditi Sambhar
A Case Against Judicial Internationalism, Ernesto J. Sanchez
Detection Avoidance, Chris William Sanchirico
Quantifying Reasonable Doubt: A Proposed Solution to an Equal Protection Problem, Harry D. Saunders
Dependent Relative Revocation Has Lost Its Way But Can Be Found and Better Understood, Frank L. Schiavo
The Use Of "Request," "Wish," "Desire": Precatory Trust Or Not?, Frank L. Schiavo
‘More Loophole than Law’: A Case for the Repeal of I.R.C. § 527, Mark E. Schlegel
Constitutionalism through the Looking Glass of Latin America, Miguel Schor
Teaching Legal Research and Writing with Actual Legal Work: Extending Clinical Education into the First Year, Steven D. Schwinn
Moving from Impunity to Accountability in Post-War Liberia: Possibilities, Cautions, and Challenges, Rena L. Scott
Some Preliminary Statistical, Qualitative, and Anecdotal Findings of an Empirical Study of Collegiality among Law Professors, Michael L. Seigel
Fighting Fraud on Faith: Federal Securities Regulation and the Limits of Disclosure, Shannon R. Selden
Password Theft: Rethinking an Old Crime in a New Era, Daniel S. Shamah