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
The Poor State of Health Care Quality in The U.S.: Is Malpractice Liability Part of the Problem or Part of the Solution?, Charles Silver
The Constitution and the Lessons of Rome, Louis J. Sirico
Will the WTO Turn Green? The Implications of Extending Observer Status to Multilateral Environmental Agreements, Richard L. Skeen
Separation of Powers and the Commander in Chief: Congress’s Authority to Override Presidential Decisions in Crisis Situations, Reid Skibell
The Market For Justice, The "Litigation Explosion," and The "Verdict Bubble": A Closer Look At Vanishing Trials, Frederic Nelson Smalkin and Frederic Nelson Chancellor Smalkin
“Judicial Nationalism” in International Law: National Identity and Judicial Autonomy at the ICJ, Adam M. Smith
Battered Non-Wives and Unequal Protection Order Coverage: A Call for Reform, Judith A. Smith
Are You Experienced?: Examining the Need for Specialized Ethics Rules in Patent Litigation, Benjamin J. Sodey
Procedural Justice, Lawrence B. Solum
The Aretaic Turn in Constitutional Theory, Lawrence B. Solum
From Carlin’s Seven Dirty Words to Bono’s One Dirty Word: A Look at the FCC’s Ever-Expanding Indecency Enforcement Role , Faith Sparr
The Duchess' Privy Chamber: Early Modern Marriage Law and the Eviction of Women from the Public Sphere in John Webster's "Duchess of Malfi" , Carla Spivack
Reform(aliz)ing Copyright, Chris Sprigman
Dealing with Hate in the Feminist Classroom: Re-thinking the Balance, Kathryn Stanchi
Global Governance, Antitrust, and the Limits of International Cooperation, Paul B. Stephan
Mixed Signals: Reconsidering the Political Economy of Judicial Deference to Administrative Agencies, Matthew C. Stephenson
Book Review: Analysis of the Stockholm Convention on Persistent Organic Pollutants, Dru Stevenson
Entrapment and the Problem of Deterring Police Misconduct, Dru Stevenson
The Cocaine Vaccine, Dru Stevenson
Toward a New Theory of Notice and Deterrence, Dru Stevenson
Rescuing Children from the Marriage Movement: The Case against Marital Restrictions on Adoption and Assisted Reproduction, Richard F. Storrow
Citizens of an Enemy Land: Enemy Combatants, Aliens, and the Constitutional Rights of the Pseudo-Citizen, Juliet P. Stumpf
The New, Old United Nations - Proposal of an Interpretative Model, Paul Tan
Reconsidering the Prohibition against General Solicitation during Section 3(c)(7) Offerings, Daniel P. Taub
Expensing Isn't the Only Option: Alternatives to the FASB's Stock Option Expensing Proposal, Benjamin A. Templin
Constitutional Law—State Employees Have Private Cause of Action against Employers under Family and Medical Leave Act—Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003)., Gabriel H. Teninbaum
Time Travel, Hovercrafts, and the Fourth Amendment: If James Madison Could Have Seen the Future, George C. Thomas
Essay: New Political and Legal Strategies for African-Americans: Dreaming Big, Dreaming Creatively, Maxim Thorne
Sex Slavery in the United States and Its Law to Stop It Here and Abroad, Susan Tiefenbrun
The New Neurobiology of Severe Psychiatric Disorders and Its Implications for Laws Governing Involuntary Commitment and Treatment, E Fuller Torrey and Ken Kress
The New Neurobiology of Severe Psychiatric Disorders and Its Implications for Laws Governing Involuntary Commitment and Treatment, E Fuller Torrey and Kenneth Kress
Fine Art Online: Digital Imagery and Current International Interpretations of Ethical Considerations in Copyright Law, Molly A. Torsen
The Customary International Law Supergame, Joel P. Trachtman and George Norman
Federal Permitting Issues Related to Offshore Wind Energy, Using the Cape Wind Project in Massachusetts as an Illustration, Thomas A. Utzinger
The Limitations of Retirement Plan Law, Peter M. van Zante
Crime-Facilitating Speech, Eugene Volokh
Crime Severity and Constitutional Line-Drawing, Eugene Volokh
Speech as Conduct: Generally Applicable Laws, Illegal Courses of Conduct, “Situation-Altering Utterances,” and the Uncharted Zones, Eugene Volokh
The Law in Action at the WTO, Spencer Weber Waller
Dancing with Wolves: Regulation and De-regulation of Foreign Investment in China's Stock Market, Jiangyu Wang
A Deadly Dilemma: The Failure of Nations' Organ Procurement Systems and Potential Reform Alternatives, Christy M. Watkins
Causation and Attenuation in the Slavery Reparations Debate, Kaimipono D. Wenger
Contracting Out of Bankruptcy: An Empirical Intervention, Jay L. Westbrook and Elizabeth Warren
An Attitudinal Theory of Excuse in Criminal Law, Peter Westen
Some Commonplace Confusions about Consent in Rape Cases, Peter Westen
Responsible Corporate Officers and Section 113(C)(6) of the Clean Air Act: The Dormant Provision with a Useful Function, Peter C. White
Affirmative Action: More Efficient than Color Blindness, Abraham L. Wickelgren
On the Misuse of the Nash Bargaining Solution in Law and Economics, Abraham L. Wickelgren
Dead Men Telling Tales - A Policy-Based Proposal for Survivability of Qui Tam Actions under the Civil False Claims Act, Vickie J. Williams
Making Federalism Doctrine, Ernest A. Young
from 2003
The Self-Incrimination Clause Explained and Its Future Predicted, Ronald J. Allen
The Assumption of Risk Doctrine, Liability-Limiting Statutes, and Skateboarding, David Amell
Technological Protection Measures in the United States, the European Union and Germany - How much Fair Use do we need in the "Digital World"?, Wencke Baesler
Arthritic Flexibilities: Analysis of WTO Action Regarding Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, Brook K. Baker
The "No Property" Problem: Understanding Poverty by Understanding Wealth, Jane Baron
A Family Affair: Sharing Information about Genetic Diseases, Lyria K. Bennett Moses
Mass Toxic Tort Litigation and Class Action Rule Reform in the United States, Jason L. Betts
“All Aboard!” An Overview of the Continuing Debate Regarding the Enforceability of Dispute Resolution Provisions of Filipino Seamen Employment Contracts, Richard V. Blystone
Barbarians at The Gates: A Post-September 11th Proposal to Rationalize the Laws of War, William C. Bradford
Toward a Criminal Law for Cyberspace: Distributed Security, Susan Brenner
The Trajectory of (Corporate Law) Scholarship, Brian R. Cheffins
The Israeli Lust for Peace: Illusion, Tragedy and Prospect, Lloyd R. Cohen
Democracy's Global Quest: A Noble Crusade Wrapped in Dirty Reality?, Andrew K. Coleman and Jackson Nil Maogoto
Multilateral Environmental Agreements and the Compliance Continuum, Teall E. Crossen
Expected Value Arbitration, Joshua P. Davis
Difused Surface Water: Reasonable Use Has Become the Common Enemy, Wendy B. Davis
The Philadelphia Story: The Rhetoric of School Reform, Susan DeJarnatt
Judge Noonan's J'accuse . . . !, Brannon P. Denning
The Several Lives of Mickey Mouse: The Expanding Boundaries of Intellectual Property Law, Ben Depoorter
Old Lyrics, Knock-Off Videos, and Copycat Comic Books: The Fourth Fair Use Factor in U.S. Copyright Law, Gregory M. Duhl
Secularism's Laws: State Blaine Amendments and Religious Persecution, Kyle Duncan
Norms, Rationality, and Communication: A Reputation Theory of Social Norms, Andreas Engert
Takings Formalism and Regulatory Formulas: Exactions and the Consequences of Clarity, Mark Fenster
The Rational Exuberance of Structuring Venture Capital Startups, Victor Fleischer
Beyond Dilution: Toward a Coherent Theory of the Anti Free Rider Impulse in American Trademark Law, David J. Franklyn
This Is Not Like Any Other Legal Question: A Brief History of Nazi Law before British and American Courts, David Fraser
Universal Jurisdiction and Drug Trafficking: A Tool for Fighting One of the World's Most Pervasive Problems , Anne H. Geraghty
Adverse Selection and Moral Hazard in Forum Shopping: Conflicts of Law as Spontaneous Order, Nita Ghei and Francesco Parisi
The Guise of Justice: Jurisdiction & Extradition of Osama Bin Laden & Al Qaeda Terrorists, Matthew Greenwell
Occupational Risk: The Outrageous Reaction to HIV Positive Public Safety and Health Care Employees in the Workplace, Manju Gupta
Booze, Drugs, and Rock & Roll: Crime During the College Years, Paul S. Gutman
ATCA, Doe v. Unocal: A Paquete Habana Approach to the Rescue, John Haberstroh
Developing Internationally Uniform Liability Principles for Harms from Genetically Modified Organisms , Ryan C. Hansen
The American "Covenant Marriage" in the Conflict of Laws, Peter Hay
A Room of One's Own: Morality and Sexual Privacy after Lawrence v. Texas, Marybeth Herald
Monopoly Power in the Electronic Information Industry: Why, and So What?, Curt A. Hessler
Narrative Highground: The Failure of Intervention as a Procedural Device in Affirmative Action Litigation, Danielle R. Holley
Real Options in Law: (Possibly, Frivolous) Litigation and Other Applications, Peter H. Huang
Arbitration and Contract: What Are the Law Schools Teaching?, Stephen K. Huber
The Internal Revenue Code as Sodomy Statute, Anthony C. Infanti
Trial of the Accused Taliban and Al Qaeda Operatives Captured in Afghanistan and Detained on a U.S. Military Base in Cuba, Jaime Jackson
WTO Plus: Creating Liberal Investment through Regulating Tax Incentives, Jeremiah Johnson