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
On the Freedom to Associate or Not to Associate with Others, Thomas Kleven
Future-Priced Convertible Securities & The Outlook For "Death-Spiral" Securities-Fraud Litigation, Zachary T. Knepper
Balancing Representation: Special Representation Mechanisms Addressing the Imbalance of Marginalized Voices in African Legislatures, Stephanie L. Kodish
A Positive Theory of Universal Jurisdiction, Eugene Kontorovich
Leaving Money On the Table: Contract Practice in a Low-Trust Environment, Ruben Kraiem
Cap and Trade: How the Sulfur Dioxide Allowance Market Works, and How it Could Work Better, Jacob R. Kreutzer
Section 4(f): Analyzing Differing Interpretations and Examining Proposals for Reform, David E. Kunz
The Evolving Law on the Eurobank—Customer Relationship and the Common Law., Edmund M. Kwaw
The Rise of Managerial Judging in International Criminal Law, Maximo Langer
Making a List and Checking It Twice: Must Tax Attorneys Divulge Who's Naughty and Nice?, Richard Lavoie
Discretion as Delegation: The "Proper" Understanding of the Nondelegation Doctrine, Gary Lawson
Test of Multilateralism in International Trade: U.S. Steel Safeguards, Y.S. LEE
Using Our Brains: What Cognitive Science Teaches about Teaching Law Students to Be Ethical, Professionally Responsible Lawyers, Alan M. Lerner
Animals, Rights and Property:The (Un)attachment of Pets in Israeli Law, Pablo Lerner
In Defense of Paid Family Leave, Gillian Lester
The Nomos and Narrative of Matsushita, Nickolai G. Levin
Embedded Psychology in Mens Rea Determinations: Systematic Differences between Legal Standards and Reasoning Processes across Cultures, Justin D. Levinson
Suburban Sprawl, Jewish Law, and Jewish Values, Michael E. Lewyn
“It’s the Law.”: Social Norms and the Rule of Law, Amir N. Licht
The Maximands of Corporate Governance: A Theory of Values and Cognitive Style, Amir N. Licht
Seventeen Famous Economists Weigh in on Copyright: The Role of Theory, Empirics, and Network Effects, Stan Liebowitz and Stephen Margolis
After the Argentine Crisis: Can the IMF Prevent Corruption in Its Lending? A Model Approach, Juan Carlos Linares
Lysistrata, Women and War: International Law's Treatment of Women in Conflict and Post-Conflict Situations, Emma L. Lindsay
Secrets and Liens: Verification and Measurement in Commercial Finance Law, Jonathan C. Lipson
The End of Notice: Secrets and Liens in Commercial Finance Law, Jonathan C. Lipson
Courts as Forums for Protest, Jules Lobel
Globalization: Panacea for the World or Conquistador of International Law and Statehood?, Aaron J. Lodge
Sex, Lies, and Clients: From Bill Clinton to Oscar Wilde, Steven Lubet
The DMCA Subpoena Power: Who Does It Actually Protect?, Thomas P. Ludwig
Diamond v. Chakrabarty: Gauging Congress’ Response to Dynamic Statutory Interpretation by the Supreme Court , Anna E. Lumelsky
Debts, Divorce and Disarray in Bankruptcy, Margaret M. Mahoney
Innovation, Regulation and the Selection Environment, Timothy F. Malloy and Peter Sinsheimer
Brown and Tee-Hit-Ton, Earl Maltz
Do Patents Facilitate Financing in the Software Industry?, Ronald J. Mann
Making Sense of Payments Policy in the Information Age, Ronald J. Mann
The Myth of the Software Patent Thicket, Ronald J. Mann
Fuel Efficiency: The Disconnect Between Environmental Policy and Tax Policy, John J. Marciano
The Roadmap for Failure: Israeli and Palestinian Discountenance and Misunderstanding, John J. Marciano
Predatory Investments, Richard S. Markovits
Predatory Systems Rivalry and Predatory Aftermarket Conduct, Richard S. Markovits
The Role of History and Culture in Developing Bankruptcy and Insolvency Systems, Nathalie Martin
The Right to Trial by Jury in Environmental Cost-Recovery and Contribution Actions: United States v. England, Jonathan L. Mayes
Shakedown at Gucci Gulch: A Tale of Death, Money & Taxes, Edward J. McCaffery and Linda R. Cohen
Abstinence-only Adolescent Education: Ineffective, Unpopular and Unconstitutional, James J. McGrath
A Constitutional Defense of Legislative History, Paul E. McGreal
Logic, Language and Legal Science: Are We Lagging Behind?, James S. McQuade
The Right to Family Life and Civil Marriage under International Law and Its Implementation in the State of Israel, Yuval Merin
The Alley Behind First Street, Northeast: Criminal Abortion in the Nation's Capital 1873-1973, Douglas R. Miller
Bad Judges, Geoffrey P. Miller
Review of the Merits in Class Action Certification, Geoffrey P. Miller
The Legal Function of Ritual, Geoffrey P. Miller
Gentleman's Agreement: The Antisemitic Origins of Restrictions on Stockholder Litigation, Lawrence E. Mitchell
Forecasting Harm: The Law and Science of Risk Assessment among Prisoners, Predators, and Patients, John Monahan
Reverse Moderate Relativism Applied: Third Generation International Human Rights from an Islamic Perspective, Jason G. Morgan-Foster
A Review of Parliamentary Privilege with an Approach to Iranian Legal System, Seyed Doraid Mousavi Mojab
Legality Principle of Crimes and Punishments in Iranian Legal System, Seyed Doraid Mousavi Mojab
How History Can Inform Practice in Modern U.S. Competition Policy, Timothy Muris
The Federal Trade Commission and the Future Development of U.S. Consumer Protection Policy, Timothy Muris
Legal Images of Fatherhood: Welfare Reform, Child Support Enforcement, and Fatherless Children, Jane C. Murphy
Flouting the Law, Janice Nadler
Assessing the Options for Designing a Mandatory U.S. Greenhouse Gas Reduction Program, Robert R. Nordhaus and Kyle W. Danish
Analyst and Broker Dealer Liability under 10(b) for Biased Stock Recommendations, Ann Morales Olazabal
Judicial Perspectives on the Federal Sentencing Guidelines and the Goals of Sentencing: Debunking the Myths, Michael E. O'Neill
Constitutional Interpretation and Coercive Interrogation after Chavez v. Martinez, John T. Parry
Assessing Human Rights in China: Why the Double Standard?, Randall P. Peerenboom
Human Rights and Rule of Law: What's the Relationship?, Randall P. Peerenboom
Show Me the Money – The Dominance of Wealth in Determining Rights Performance in Asia, Randall P. Peerenboom
Paying the Price for Our Children’s Torts: Exploring Parental Liability Statutes Employed in the South, John Kevin Phillips
Something Fishy, Tamara R. Piety
Discrimination in Sentencing on the Basis of Afro-Centric Features, William T. Pizzi, Irene V. Blair, and Charles M. Judd
Corporate Cancellation of Indebtedness Income and the Debt-Equity Distinction, Katherine Pratt
What Counts as Fraud? An Empirical Study of Motions to Dismiss under the Private Securities Litigation Reform Act, Adam C. Pritchard
Universal Jurisdiction in Absentia, Ryan P. Rabinovitch
Marbury's Myths: John Marshall, Judicial Review and the Rule of Law , Robert J. Reinstein
Mandatory Recall Authority: A Sensible and Minimalist Approach to Improving Food Safety, Michael T. Roberts
Assisted Reproduction in Germany and the United States: An Essay in Comparative Law and Bioethics , John A. Robertson
Gay and Lesbian Rights to Procreate and Access to Assisted Reproductive Technology, John A. Robertson
Boy Scouts & Burning Crosses: Bringing Balance to the Court’s Lopsided Approach to the Intersection of Equality and Speech, Russell K. Robinson
Resolving Renvoi: The Bewitchment of Our Intelligence by Means of Language, Kermit Roosevelt
Book Review: Benjamin Geva, Bank Collections and Payment Transactions, Arnold S. Rosenberg
The Role of Purposivism in the Delegation of Rulemaking Authority to the Courts, Michael Rosensaft
Intersexuality and Universal Marriage, Michael L. Rosin
Designing Sports Leagues as Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross and Stefan Szymanski
Involuntary Particularism: What the Noahide Laws Tell Us about Citizenship and Alienage, Gidon G. Rothstein
Constitutionalism in the Streets, Gary D. Rowe
The Quandary of Serving Multiple Masters: An Institutional Exploratory Analysis of Publishing in Business Law, Robert S. Rubin, John R. Olson, Laura Hartman, and James A. Belohlav
Islamic Financial Structures as Alternatives to International Loan Agreements: Challenges for American Financial Institutions, Babback Sabahi
Deportations, Removals and the 1996 Immigration Acts: A Modern Look at the Ex Post Facto Clause, Lupe S. Salinas
“Politics as Markets” Reconsidered: Economic Theory, Competitive Democracy and Primary Ballot Access , David N. Schleicher
Thinking outside the Pandora's Box: Why the DMCA is Unconstitutional under Article I §8 of the U.S. Constitution, Joshua L. Schwartz
The Ethics of the Adversary System, Greg S. Sergienko
Good Faith in the CISG: Interpretation Problems in Article 7, Benedict C. Sheehy
The Importance of Corporate Models, Benedict C. Sheehy
What's Really Wrong with Compelled Association?, Seana V. Shiffrin