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
A Standards-Based Theory of Judicial Review and the Rule of Law, Sidney A. Shapiro
Internationalizing U.S. Legal Education: A Report on the Education of Transnational Lawyers, Carole Silver
State Legislation as a Fulcrum for Change: Wisconsin's Public Sector Labor Law, and the Revolution in Politics and Worker Rights, Joseph E. Slater
Reconceptualizing Due Process in Criminal Justice: Contributions from Law and Social Science, Christopher Slobogin
Establishing a Global Quarantine Against Weapons of Mass Destruction, Derek D. Smith
The Supreme Court and the Trusts: Antitrust and the Foundations of Modern American Business Regulation from Knight to Swift, Donald J. Smythe
Can Business Learn to Love the Environment? The Case for a U.S. Corporate Carbon Fund, Sophie E. Smyth
The Child Client: Representing Children in Child Protective Proceedings, Merril Sobie
The Conscience of the Queen: Lady Macbeth, Queen Elizabeth, and the Transparent Female Body in Jacobean England, Carla Spivack
Human Rights Claims vs. the State: Is Sovereignty Really Eroding?, Chandra L. Sriram
Cleaning Up the Eighth Amendment Mess, Tom Stacy
What’s in a Word? Can “Marriage” Mean Something It Never Meant Before?, Deanna M. Stathis
The Case for the Legislative Override, Nicholas Stephanopoulos
Disrobe Dot Com for the ACLU: Ashcroft v. ACLU, a Strict Scrutiny Review for the Child Online Protection Act, Roger W. Stepp
Book Review: Forensic Linguistics, Dru Stevenson
Book Review: Madam Secretary, Dru Stevenson
Gender Construction and the Limits of Liberal Equality, Gila Stopler
Is Tiger Woods’s Swing Really a Work of Art? Defining the Line Between the Right of Publicity and the First Amendment, Michael R. Suppappola
Controlling Conflicts of Interest: A Tale of Two Industries, Ahmed E. Taha
Extinguishing Security Interests: Secured Claims in Japanese Reorganization Law and Some Policy Implications to the U.S. Law, Wataru Tanaka
Compliance Theory and the Inter-American Court of Human Rights, Morse Tan
Compliance Theory and the Inter-American Court of Human Rights, Morse Tan
The North Korean Nuclear Crisis: Past Failures and Present Solutions, Morse Tan
Compliance Theory and the Inter-American Court of Human Rights, Morse Hyun-Myung Tan
The Jurisprudential Foundation of Law, Especially International Law: the Basis for True Progress & Reform, Morse Hyun-Myung Tan
Breaking the Bank: Revisiting Central Bank of Denver after Enron and Sarbanes-Oxley, Celia Taylor
Reforming the Appellate Process for Pennsylvania Capital Punishment, Paul R. Teichert
Easing the Burden: Mediating Misdemeanor Criminal Complaints, Gabriel H. Teninbaum
Discretion and Criminal Law: The Good, the Bad, and the Mundane, George C. Thomas III
Time Travel, Hovercrafts, and the Framers: James Madison Sees the Future and Rewrites the Fourth Amendment, George C. Thomas III
Of Rainbows and Rivers: Lessons for Telecommunications Spectrum Policy from Transitions in Property Rights and Commons in Water Law, Dale B. Thompson
The Accuracy and Manipulability of Lost Profits Damages Calculations: Should the Trier of Fact be "Reasonably Certain"?, Jonathan T. Tomlin and David Merrell
The WTO Constitution: Tertiary Rules for Intertwined Elephants, Joel P. Trachtman
Ubi Remedium, Ibi Ius at the WTO, Joel P. Trachtman
The Customary International Law Game, Joel P. Trachtman and George Norman
Some, but Which? Filling in the Theoretical Gaps in Sosa v. Alvarez-Machain, Arthur Traldi
Building Universal Digital Libraries: An Agenda for Copyright Reform , Hannibal B. Travis
New Governance and Soft Law in Health Care Reform, Louise G. Trubek
Bankruptcy Abuse: An Empirical Study of Consumer Exemptions Cases, Bernard Trujillo
Patterns in a Complex System: An Empirical Study of Valuation in Business Bankruptcy Cases, Bernard Trujillo
The Misery of Mitra: Considering Criminal Punishment for Computer Crimes, James T. Tsai
Analyze this: Using Taxonomies to Scaffold Students' Legal Thinking and Writing Skills, Christine Mary Venter
A Brief Essay on the Importance of Time in International Conventions on Intellectual Property Rights, Vincenzo Vinciguerra
China's New Automobile Policy Fails to Comply with Its WTO Commitments, Jean Wang
The Revenge of Mullaney v. Wilbur: U.S. v. Booker and the Reassertion of Judicial Limits on Legislative Power to Define Crimes, Ian Weinstein
RFK, Day of Affirmation Speech and Human Rights in America, Stuart Weinstein
Causation and Attenuation in the Slavery Reparations Debate, Kaimipono D. Wenger
42 U.S.C. 1983: From Civil Rights to Harvesting Corneas - Is This Act Misapplied?, David White
World Trade Organization’s Identity Crisis: Institutional Legitimacy and Growth Potential in the Developing World, Jason Wiener
Search and Seizure Abused: The Fourth Amendment's Fallacies, Angela J. Williams
Does the ICJ's Decision in Avena Really Mean Anything to Mexicans on Death Row?, Kenneth Williams
A Philosophical Investigation into Methods of Constitutional Interpretation in the United States and the United Kingdom, Louis E. Wolcher
The Making of the USA PATRIOT Act I: The Legislative Process and Dynamics, Kam C. Wong
Finding the Contract in Contracts for Law, Forum, and Arbitration, William John Woodward
Hollywood's Disappearing Act: International Trade Remedies to Bring Hollywood Home, Claire Wright
Trial Distortion and the End of Innocence in Federal Criminal Justice, Ronald F. Wright
The Coalescence of Law and Science in an Era of School Drug Testing: Beyond Vernonia, Earls, and Joye, George S. Yacoubian
Deterring Roper’s Juveniles: Why Immature Criminal Youth Require the Death Penalty more than Adults – a Law & Economics Approach, Moin A. Yahya
What Makes Asset Securitization "Inefficient"?, Kenji Yamazaki
Do Institutions Really Matter? Assessing the Impact of State Judicial Structures on Citizen Litigiousness, Jeff L. Yates, Paul Brace, and Holley Tankersley
A Right to No Meaningful Review: The Aftermath of Shalala v. Illinois Council On Long Term Care, Inc., Ruqaiijah Ayanna Yearby
Distinctively Delineated Fictional Characters Who Constitute the Story Being Told: Who Are They and Do They Deserve Separate Copyright Protection?, Jasmina D. Zecevic
from 2004
On the Alienation of Legal Claims, Michael Abramowicz
Defining Dicta, Michael Abramowicz and Maxwell Stearns
Rights at United States Borders, Jon Adams
Ancillary Joint Ventures and the Unanswered Questions after Revenue Ruling 2004-51, Gabriel O. Aitsebaomo
Resurrecting the Press Clause, David A. Anderson
Some Antitrust Foundations of Payment Card Associations, Koki Arai
The Economics of Limited Liability: An Empirical Study of New York Law Firms, Scott Baker and Kimberly D. Krawiec
Partnerships with Monarchs: Univeiling and Re-examining the Pattern of "Third World" Economic Development in the Petroleum and Energy Sector, Diane M. Bales
Tax, Corporate Governance, and Norms, Steven Bank
The Dividend Divide in Anglo-American Corporate Taxation, Steven Bank
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
Was the Right to Keep and Bear Arms Conditioned on Service in an Organized Militia?, Randy E. Barnett
Credit Where It Counts: The Community Reinvestment Act and Its Critics, Michael S. Barr
Beyond Rights: Legal Process and Ethnic Conflicts, Elena A. Baylis
Solving the Punitive Damage Mismatch, Ari Behar
Paradoxes of Health and Equality: When a Boy Becomes a Girl, Noa Ben-Asher
Cyberspace Cartography: The Case of On-line Territorial Privacy, Daniel Benoliel
A Cloak for the Bare: In Support of Allowing Prospective Malpractice Liability Waivers in Certain Pro Bono Cases, Steve Berenson
Justice and the Outsider: Jurisdiction over Non-Members in Tribal Legal Systems, Bethany R. Berger
The Needle and the Damage Done: How Hoffman Plastics Promotes Sweatshops and Illegal Immigration and What to Do About It , Jennifer s. Berman
Institutional Reckless Disregard for Truth in Public Defamation Actions Against the Press, Randall P. Bezanson
Democratic Responses to Terrorism: A Comparative Study of the United States, Israel and India, Arunabha Bhoumik
Creating Rights in the Age of Global Governance: Mental Maps and Strategic Interests in Europe, Francesca Bignami
Transnational Administration: International Data Transfers under the European Privacy Directive, Francesca Bignami
Lawyers, Guns and Money: Content Contextualism and the Cognitive Foundations of Statutory Interpretation, Gary Blasi
Known Unknowns: The Delusion of Terrorism Insurance, Michelle Boardman
Beyond Reparations: An American Indian Theory of Justice, William C. Bradford
International Legal Compliance: Surveying the Discipline, William C. Bradford
In the Minds of Men: A Theory of Compliance with the Laws of War, William C. Bradford
When Equality Leaves Everyone Worse Off: The Problem of Leveling Down in Equality Law, Deborah L. Brake