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 2004
How About a Little Perspective? The USA PATRIOT Act and the Use and Abuses of History, Jeffrey A. Breinholt
Lawmaking by Public Welfare Professionals, Margaret F. Brinig
Immaturity, Normative Competence, and Juvenile Transfer: How (Not) to Punish Minors for Major Crimes, David O. Brink
Behavioral Science Evidence in the Age of Daubert: Reflections of a Skeptic, Mark S. Brodin
The Grammar of Incest: Boundary Violation, Disgust, and the Slippery Slope Trope, Courtney M. Cahill
Invasion of the Clones: Animal Cloning and the Potential Implications on the Future of Human Cloning and Cloning Legislation in the United States, the United Kingdom, and Internationally, Adrienne N. Calhoun
Owning Music: From Publisher's Privilege to Composer's Copyright, Michael W. Carroll
Has the Law Made Liars of Us All?, Don Castleman
Not Enough? An Examination of China’s Compliance with the Intentions of the TRIPS Accord, Jonathan Mark W.W. Chu
Modern Bootlegging and the Prohibition on Fair Prices: Last Call for the Repeal of Pharmaceutical Price Gouging, Luke W. Cleland
Toward a Small Donor Democracy: The Past and Future of Incentive Programs for Small Political Contributions, Thomas J. Cmar
Securing Truth for Power: Informational Strategy and Regulatory Policy Making, Cary Coglianese
The Same Side of Two Coins: The Peculiar Phenomenon of Bet-Hedging in Campaign Finance, Jason Cohen
Extraterritoriality of the Sherman Act and Deterrence of Private International Cartels, John M. Connor
A Third Parallel Primrose Path: The Supreme Court's Repeated, Unexplained, and Still Growing Regulation of State Courts' Criminal Appeals, Russell M. Coombs
The Theory and Practice of Statutory Interpretation in the Supreme Court, Frank Cross
Blackness as Property: Sex, Race, Status, and Wealth, Mitch Crusto
Rethinking Public Engagement in the Administrative State, Mariano-Florentino Cuellar
Rethinking Regulatory Democracy, Mariano-Florentino Cuellar
A Model Financial Statement Insurance Act, Lawrence A. Cunningham
A New Product for the Corporation Law Market: Audit Committee Certifications, Lawrence A. Cunningham
Choosing Gatekeepers: The Financial Statement Insurance Alternative To Auditor Liabilty, Lawrence A. Cunningham
Facilitating Auditing’s New Early Warning System: Control Disclosure, Auditor Liability and Safe Harbors, Lawrence A. Cunningham
Revisiting the Role of the Future in Accounting Reform, Lawrence A. Cunningham
Procedural Due Process Aspects of District of Columbia Eviction Procedures, Lynn E. Cunningham
The Mechanics of Judicial Vote Switching , H. Ron Davidson
'You'd Better Be Good': Congressional Threats of Removal against Federal Judges, Marc O. DeGirolami
Investing in the Close Corporation: What the Minority Shareholder Needs to Know before Giving up Money and Power, Shawn Diedtrich
Unraveling Unlawful Entrapment, Anthony M. Dillof
The Dilution Effect: Federalization, Fair Cross-Sections, and the Concept of Community, Laura G. Dooley
Binding Arbitration and Specific Performance Under the FAA: Will This Marriage of Convenience Survive?, Kenneth Dunham
Towards an Establishment Clause Theory of Race-Based Allocation after Grutter: Administering Race-Conscious Financial Aid, Maurice R. Dyson
Wireless Telecommunications, Infrastructure Security, and the NIMBY Problem, Steven J. Eagle
Who Owns the 'First Rough Draft of History'? Reconsidering Copyright in News, Eric B. Easton
Virtual Markets for Virtual Goods: The Mirror Image of Digital Copyright?, Peter D. Eckersley
"Facilitative ADR's Global Popularity and Promise", Nancy D. Erbe
Reconstituting the Law of the Workplace in an Era of Self-Regulation, Cynthia L. Estlund
Patent Wars in the Valley of the Shadow of Death: The Pharmaceutical Industry, Ethics and Global Trade, Uche Ewelukwa
Another Limit on Federal Court Jurisdiction? Immigrant Access to Class-Wide Injunctive Relief, Jill E. Family
Judicial Recognition of the Interests of Animals - A New Tort, David Favre
Common Constitutional Law, A. Daniel Feldman
The Birth of a Logical System: Thurman Arnold and the Making of Modern Administrative Law, Mark Fenster
A Distance Education Primer: Lessons from My Life as a Dot.Edu Entrepreneur, Linda C. Fentiman
Online Music Joint Ventures: Taken for a Song, Harry First
Constitutional Crisis over the Proposed Supreme Court for the United Kingdom, Peter L. Fitzgerald
Writing Their Faith into the Law of the Land: Jehovah's Witnesses, the Supreme Court and the Battle for the Meaning of the Free Exercise Clause, 1939-1945, Patrick J. Flynn
The Silent LLC Revolution-- The Social Cost of Academic Neglect, Howard M. Friedman
Will Video Kill the Radio Star? Visual Learning and the Use of Display Technology in the Law School Classroom, Fred Galves
Back to Bakke: Defining the Strict Scrutiny Test for Affirmative Action Policies Aimed at Achieving Diversity in the Classroom, Leslie Y. Garfield
“Ua koe ke kuleana o na kanaka” (reserving the rights of native tenants): Integrating Kuleana Rights and Land Trust Priorities in Hawai`i, Jocelyn B. Garovoy
Economic Analysis in a Unified Conception of Tort Law, Mark Geistfeld
The Goals of Contract Remedies, Mark P. Gergen
Contaminating the Verdict: The Problem of Juror Misconduct, Bennett L. Gershman
Towards a New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
The Historical and Political Origins of the Corporate Board of Directors, Franklin A. Gevurtz
Essay, Digital Bowdlerizing: Removing the Naughty Bytes, Llewellyn Joseph Gibbons
Government Policy Towards Innovation in the United States, Canada, and the European Union as Manifested in Patent, Copyright and Competition Laws, Daniel J. Gifford
How Do the Social Benefits and Costs of the Patent System Stack Up in Pharmaceuticals?, Daniel J. Gifford
Is There a "Religious Question" Doctrine? Judicial Authority to Examine Religious Practices and Beliefs, Jared A. Goldstein
Media Policy out of the Box: Content Abundance, Attention Scarcity, and the Failures of Digital Markets, Ellen P. Goodman
Achieving Batterer Accountability in the Child Protection System, Leigh Goodmark
Is the End of the War in Sight: An Analysis of Canada’s Decriminalization of Marijuana and the Implications for the United States “War on Drugs”, Kara Godbehere Goodwin
Caught Between Action and Inaction: Public Participation in Voluntary Approaches to Environmental Policy under the Administrative Procedure Act, Janice D. Gorin
Same-Sex Unions and Conflicts of Law: When "I Do" May Be Interpreted as "No, You Didn't"!, Kathy T. Graham
Apprendi's Limits, Roger Craig Green
Development Agreements: Bargained for Zoning That is Neither Illegal Contract or Conditional Zoning, Shelby Green
National Security CAPPS Individual Civil Liberties in Times of Crisis, Matthew D. Greenwell
“Which One of You Did It?” Criminal Liability for “Causing or Allowing” the Death of a Child, Lissa Griffin
International Child Abductions: The Challenges Facing America , Charles F. Hall
The Lessons Stem Cells Provide Vis-à-Vis Patents: Working Towards an International/Universal Patent Regime. , Charles F. Hall
Comparisons among Firms: (When) Do They Justify Mandatory Disclosure?, Sharon Hannes
Private Benefits of Control, Antitakeover Defenses and the Perils of Federal Intervention, Sharon Hannes
A Case Study in the Banning of Political Parties: The Pan-Arab Movement El Ard and the Israeli Supreme Court, Ron Harris
Income, Work and Freedom, Philip L. Harvey
Bankruptcy Law and Inefficient Entitlements, Irit Haviv-segal
Return to Sender? Inadvertent Disclosure of Privileged Information, Richard J. Heafey
Foster Care Placement: Reducing the Risk of Sibling Incest, David J. Herring
An Empirical Study of Public Defender Effectiveness: Self-Selection by the ‘Marginally Indigent’, Morris B. Hoffman, Paul H. Rubin, and Joanna M. Shepherd
The Effects of Jury Ignorance about Damage Caps: The Case of the 1991 Civil Rights Act, Rebecca Hollander-Blumoff and Matthew T. Bodie
Rethinking the Unilateral Application of the Lanham Act, Jinku Hwang
The Rise of the Code of Conduct in Japan: Legal Analysis and Prospect, Koji Ishikawa
When Daddy Doesn't Want to Be Daddy Anymore: An Argument against Paternity Fraud Claims, Melanie B. Jacobs
The Evolution of Sherman Act Jurisdiction: A Roadmap for Competitive Federalism, D. Bruce Johnsen
The Modest Original Meaning of the Commerce Clause, Calvin H. Johnson
The Police Power Revisited: Phantom Incorporation and the Roots of the Takings Muddle, Bradley C. Karkkainen
The Many Faces of the Economic Substance's Two-Prong Test: Time for Reconciliation?, Yoram Keinan
Rules of the Game: The "Play in the Joints" between the Religion Clauses, Sharon Keller
Textual Harassment: A New Historicist Reappraisal, Hila Keren
Textual Harassment: A New Historicist Reappraisal with Gender in Mind, Hila Keren
The Market for Private Dispute Resolution Services--An Empirical Re-Assessment of ICANN-UDRP Performance, Jay P. Kesan and Andres A. Gallo
Shaping Code, Jay P. Kesan and Rajiv C. Shah
A Public Choice Theory of Criminal Procedure, Vikramaditya S. Khanna and Keith N. Hylton
Evaluating Work: Enforcing Occupational Safety and Health Standards in the United States, Canada and Sweden, Daniel B. Klaff
On Brown v. Board of Education's 50th Anniversary: To Integrate or Separate Is Not the Question, Thomas Kleven