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 2006
Patent Auctions, Michael Abramowicz
The Danger of Underdeveloped Patent Prospects, Michael Abramowicz
Prediction Markets for Corporate Governance, Michael Abramowicz and Todd Henderson
Law in the Cultivation of Hope, Kathryn R. Abrams and Hila Keren
Applying General Tort Law to the Indirect Infringement of Patents, Copyrights, and Trademarks, Charles W. Adams
I Know You Are, but What Am I? A Temporal Approach to Legal Classification, Wendy A. Adams
Unraveling the Veil: The Concepts of Limited Liability and Disregard of the Corporate Entity, C. Christopher Adkins
Price Discrimination with Contract Terms: The Lost Volume Problem, Barry E. Adler and Alan Schwartz
When Is Two a Crowd? The Impact of Federal Action on State Environmental Regulation, Jonathan H. Adler
Dignity and Degradation: Transnational Lessons from the Constitutional Protection of Sex, Libby Adler
Cambodia at a Crossroads: How Repealing UNTAC Article 63, Cambodia's Current Defamation Law, Will Lead to a More Vigorous Democracy, Alicia A. Adornato
Card Check Recognition: the Ongoing Legal and Legislative Battle, Michael E. Aleo
Comparative Advantage and Labor Protections in Free Trade Agreements: Making Labor Protections in Trade Agreements Practical and Effective, Michael E. Aleo
“Just Scanning Around” with Diagnostic Medical Ultrasound: Should States Regulate the Non-Diagnostic Uses of this Technology?, Archie A. Alexander
Compensation for Property under the European Convention on Human Rights, Tom Allen
Voluntary Adoption of Corporate Governance Mechanisms, Anita I. Anand, Frank Milne, and Lynnette Purda
Global Pharmaceutical Patent Law in Developing Countries- Amending TRIPS to Promote Access for All, Angela J. Anderson
Global Pharmaceutical Patent Law in Developing Countries- Amending TRIPS to Promote Access for All, Angela J. Anderson
Legal Doubletalk and the Concern with Positional Conflicts: A "Foolish Consistency?", Helen A. Anderson
Legal Doubletalk and the Concern with Positional Conflicts: A “Foolish Consistency”?, Helen A. Anderson
The Privacy Gambit: Toward a Game Theoretic Approach to International Data Protection, Horace E. Anderson
The Missing Theory of Variable Selection in the Economic Analysis of Tort Law, James M. Anderson
The Right to Roam, Jerry L. Anderson
Regulating Evolution for Sale: An Evolutionary Biology Model for Regulating the Unnatural Selection of Genetically Modified Organisms, Mary Jane Angelo
Picking Up the Pieces of the Gordian Knot: Towards a Sensible Merger Methodology, Bruce A. Antkowiak
Probable Cause in a Nervous Age, Bruce A. Antkowiak
Searches and the Misunderstood History of Suspicion and Probable Cause: Part One, Fabio Arcila
Searches & the Misunderstood History of Suspicion & Probable Cause: Part One, Fabio Arcila
Copyright on Catfish Row: Musical Borrowing, Porgy & Bess and Unfair Use, Olufunmilayo B. Arewa
Measuring and Representing the Knowledge Economy: Accounting for Economic Reality under the Intangibles Paradigm, Olufunmilayo B. Arewa
Piracy, Biopiracy and Borrowing: Culture, Cultural Heritage and the Globalization of Intellectual Property, Olufunmilayo B. Arewa
Criminalizing Internet Gambling: Should the Federal Government Keep Bluffing or Fold?, Wesley S. Ashton
The Double Edged Sword That Is the Event Data Recorder, Andrew Askland
Charges over Chattels – Issues in the Fixed/Floating Jurisprudence, Stephen Atherton and Riz Mokal
The Constitutionality of the Partial-Birth Abortion Ban of 2003, Katherine R. Atkinson
The Impact of Tort Reform on Medical Malpractice Payments, Ronen Avraham
Contracting Out of the Culture Wars: How the Law Should Enforce and Communities of Faith Should Encourage More Enduring Marital Commitments, Jamie A. Aycock
Hedonic Damages, Hedonic Adaptation, and Disability, Samuel R. Bagenstos and Margo Schlanger
Living by the Sword: The Free Exercise of Religion and the Sikh Struggle for the Right to Carry a Kirpan, Rishi S. Bagga
The Transfer Pricing Problem: A Proposal for Simplification., Eduardo A. Baistrocchi
After the Gold Rush?: Grutter, Sander and ‘Affirmative Action’ “on the Run…” in the Twenty-First Century, Anthony Vincent Baker
Stuck in the Thicket: Struggling with Interpretation and Application of California's Anti-Gang STEP Act, Martin Baker
Incomplete Contracts in a Complete Contract World, Scott A. Baker and Kimberly D. Krawiec
Data Privacy, Data Piracy: Can India Provide Adequate Protection for Electronically Transferred Data?, Vinita Bali
Empire Has Its Own Hurdles: Exploring the Nature of Exceptionalism and Its Consequences for International Law and Multilateral Decision-Making, Saptarishi Bandopadhyay
Information Privacy as a Function of Facial Recognition Technology and Wearable Computers, Woodrow Barfield
Water Reallocation by Settlement: Who Wins, Who Loses, Who Pays?, Rosalind H. Bark
Law, Narrative, and the Continuing Colonist Oppression of Native Hawaiians, David Barnard
The Ninth Amendment: It Means What It Says, Randy E. Barnett
Essay: Special Operations Forces and War Crimes by Guerillas, Gregory R. Bart
Managing Risk on a $25 Million Bet: Venture Capital, Agency Costs, and the False Dichotomy of the Corporation, Robert P. Bartlett III
Is There a Correlation between Scholarly Productivity, Scholarly Influence and Teaching Effectiveness in American Law Schools? An Empirical Study, Benjamin H. Barton
The Roberts Court and the Future of Substantive Due Process: The Demise of "Split-the-Difference" Jurisprudence?, John F. Basiak
The (Intellectual Property Law &) Economics of Innocent Fraud: The IP & Development Debate, Peter Matthew Beattie
The Substantive Limits of Liability for Inaccurate Predictions, Hugh C. Beck
The Essential Holding of Casey: Rethinking Viability, Randy Beck
Human Rights, Clif Bennette
“Pick”ering the Speech Rights of Public School Teachers: Arguing for a Movement by Courts toward the Hazelwood-Tinker Standard under the First Amendment, Heather P. Bennett
Can Commercial Corporations Engage in Non-Commercial Speech?, Tom Bennigson
Copyright Distributive Injustice, Daniel Benoliel
Intervention in a 'Divided World': Axes of Legitimacy, Nathaniel Berman
Privacy and Access to Public Records in the Information Age, Sol Bermann
The Foundations of Federalism: An Exchange, Randall P. Bezanson
Foundations of Federalism: An Exchange, Randall P. Bezanson and Steven Moeller
The Test That Ate Everything: Intermediate Scrutiny in First Amendment Jurisprudence, Ashutosh Bhagwat
The Test That Ate Everything: Intermediate Scrutiny in First Amendment Jurisprudence, Ashutosh Bhagwat
“Statistical Dueling” with Unconventional Weapons: What Courts Should Know about Experts in Employment Discrimination Class Actions, William T. Bielby and Pamela Coukos
The Conviction of Lynne Stewart and the Uncertain Future of the Right to Defend, Tamar R. Birckhead
Global Copyright, Local Speech, Michael Dan Birnhack
The Limits of Equality and the Virtues of Discrimination, Yifat Bitton
Constitutional Limits on State Taxation of Nonresident Trusts: Gavin Misinterprets and Misapplies Both Quill and McCulloch, Joseph W. Blackburn
Splitting Genes: The Future of GMO's in the Wake of the WTO/Cartagena Standoff, Sam A. Blaustein
U.S. Corporate and Bank Insolvency Regimes: A Comparison and Evaluation, Robert R. Bliss and George G. Kaufman
An Essay on Vengeance and Forgiveness, Theodore Y. Blumoff
Vengeance, Forgivness, Resentment, Jurisprudence, Dispute Resolution, Theodore Y. Blumoff
Information Disclosure and the Union Representation Election, Matthew T. Bodie
Do Foreigners Need Title Insurance in Mexico? - An Analysis of U.S. Title Insurance and Mexican Real Estate Law, Jeffrey G. Boman
Is Something Amiss? A Commentary on the Aftermath of Phillips v. AWH Corp., Holly L. Bonar
Who Decides?: A Critical Look at Procedural Discretion, Robert G. Bone
The End of the Securities Fraud Class Action as We Know It, Richard A. Booth
A New Clean Water Act, Paul Boudreaux
Thinking Outside the Border: Homeland Security and the Forward Deployment of the U.S. Border, Gregory W. Bowman
Congress' Pet: Why the Clean Air Act’s Favoritism of California Is Unconstitutional under the Equal Footing Doctrine , Valerie JM Brader
Justice Thomas' Kelo Dissent, or, "History as a Grab Bag of Principles", David L. Breau
Genetic Databases and Biobanks: Who Controls Our Genetic Privacy?, Yael Bregman-Eschet
Thomas Aquinas and the Metaphysics of Law, William S. Brewbaker
Playing Poker at the U.N., Paul Herman Brietzke
Corporate Governance and the New Hedge Fund Activism: An Empirical Analysis, Thomas W. Briggs
Free Expression and a Satisfied Society: What Child Pornography Laws Really Protect, James E. Bristol
Executive-Branch Regulation of Criminal Defense Counsel, Darryl K. Brown
Executive Branch Regulation of Defense Counsel and the Private Contract Limit on Prosecutor Bargaining, Darryl K. Brown
Rethinking Overcriminalization, Darryl K. Brown
Good Faith, State of Mind, and the Outer Boundaries of Director Liability in Corporate Law, Christopher M. Bruner
On the Legal Consequence Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable, Christopher J. Buccafusco
A Friendly Approach to Reducing Medical Malpractice Litigation, Aaron A. Bucco