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!
Documents from 2017
IL POLIAMORE E I BENI COMUNI. PRIMISSIME RIFLESSIONI, Ugo Mattei
TheColdWar_and_ComparativeLaw.pdf, Ugo Mattei
Measuring the Costs and Benefits of Patent Pools, Michael Mattioli and Robert P. Merges
Collaborative Relationships between Law Librarians and Legal Writing Faculty, Ingrid Mattson and Susan Azyndar
Perspectives on solidarity in social security, healthcare and medical research, Titti Mattsson, Martina Axmin, and Emma Holm
Dysfunctional error-related processing in incarcerated youth with elevated psychopathic traits, J. Michael Maurer, Vaughn R. Steele, Lora M. Cope, Gina M. Vincent, Julia M. Stephen, Vince D. Calhoun, and Kent A. Kiehl
Race Politics, O'Hare Airport Expansion, and Promissory Estoppel: The More Things Change, The More They Stay the Same, Judith L. Maute
Foreword: Social Practices, Legal Narrative, and the Development of the Legal Tradition, Laurent Mayali
A Comparative Examination of Counter-Terrorism Law and Policy, Laurent Mayali and John Yoo
Professor Offers Options to Counter Escalating Crackdowns on NGOs, Lloyd H. Mayer
Limits on State Regulation of Religious Organizations: Where We Are and Where We Are Going, Lloyd Hitashi Mayer
Federalism Anew, Sara Mayeux and Karen Tani
Endangered Species Act Has Been Under Attack for Years, James R. May
Subnational Environmental Constitutionalism and Reform in New York State, James R. May
Sustainability and Global Environmental Constitutionalism, James R. May
Water Law and Rights in Delaware, James R. May
Judicial Handbook on Environmental Constitutionalism, James R. May and Erin Daly
Baby Snake Swallows Whale: Impacts and Insights from Winthrop’s Recent ILS Migration, Antje Mays
Deep Dive: Differentiated eBook Usage Between Collection Types Across Disciplines, Antje Mays
Supreme Court Review: Legalistic Argle-Bargle, Molly McBurney, Kristen Barnes, Bernadette Genetin, Wilson Huhn, William Jordan, Marge Koosed, Rich Lavoie, Brant Lee, Elizabeth Reilly, Bill Rich, Kalyani Robbins, Jeff Samuels, Tracy Thomas, and Katharine Van Tassel
Taxing Wealth Seriously, Edward J. McCaffery
Taxing Wealth Seriously, Edward J. McCaffery
The New Protestant Bargain: The Influence of Protestant Theology on Contract and Property Law, Brian M. McCall
Disgorgement for Breach of Contract: A Comparative Perspective, John D. McCamus
Mechanisms for Restricting Recovery for Emotional Distress in Contracts, John D. McCamus
Rethinking Section 142 of the Restatement of Restitution: Fault, Bad Faith, and Change of Position, John D. McCamus
Big Government Against Social Responsibility: A Vulnerability Critique of Privatization's Public Priorities, Martha T. McCluskey
Changing, Not Balancing, the Market: Economic Politics and "Social" Programs, Martha T. McCluskey
Constitutional Economic Justice: Structural Power for "We the People", Martha T. McCluskey
Deconstructing the State–Market Divide: The Rhetoric of Regulation from Workers' Compensation to the World Trade Organization, Martha T. McCluskey
Defending and Developing Critical Feminist Theory as Law Leans Rightward, Martha T. McCluskey
Efficiency and Social Citizenship: Challenging the Neoliberal Attack on the Welfare State, Martha T. McCluskey
Facing the Ghost of Cruikshank in Constitutional Law, Martha T. McCluskey
Fear of Feminism: The Media Debate about Victims and Violence on College Campuses, Martha T. McCluskey
Framing Middle-Class Insecurity: Tax and the Ideology of Unequal Economic Growth, Martha T. McCluskey
From the Welfare State to the Militarized Market: Losing Choices, Controlling Losers, Martha T. McCluskey
How Equality Became Elitist: The Cultural Politics of Economics from the Court to the "Nanny Wars", Martha T. McCluskey
How Money for Legal Scholarship Disadvantages Feminism, Martha T. McCluskey
How Queer Theory Makes Neoliberalism Sexy, Martha T. McCluskey
How the Biological/Social Divide Limits Disability and Equality, Martha T. McCluskey
How the "Unintended Consequences" Story Promotes Unjust Intent and Impact., Martha T. McCluskey
Insurer Moral Hazard in the Workers' Compensation Crisis: Reforming Cost Inflation, Not Rate Suppression, Martha T. McCluskey
Personal Responsibility for Systemic Inequality, Martha T. McCluskey
Privileged Violence, Principled Fantasy, and Feminist Method: The Colby Fraternity Case, Martha T. McCluskey
Razing the Citizen: Economic Inequality, Gender, and Marriage Tax Reform, Martha T. McCluskey
Reforming Insurance to Support Workers’ Rights to Compensation, Martha T. McCluskey
Rethinking Equality and Difference: Disability Discrimination in Public Transportation, Martha T. McCluskey
Rhetoric of Risk and the Redistribution of Social Insurance, Martha T. McCluskey
Subsidized Lives and the Ideology of Efficiency , Martha T. McCluskey
Terry Thomason, Timothy P. Schmidle, and John F. Burton Jr.'s Workers’ Compensation: Benefits, Costs, and Safety under Alternative Insurance Arrangements (book review), Martha T. McCluskey
The Illusion of Efficiency in Workers' Compensation "Reform", Martha T. McCluskey
The Politics of Economics in Welfare Reform, Martha T. McCluskey
Thinking With Wolves: Left legal Theory After the Right's Rise (review essay), Martha T. McCluskey
Workers' Compensation, Martha T. McCluskey
Regulating Forced Arbitration in Consumer Financial Services: Re-Opening the Courthouse Doors to Victimized Consumers, Martha T. McCluskey, Thomas O. McGarity, Sidney Shapiro, James Goodwin, and Mollie Rosenzweig
OSHA's Discount on Danger: OSHA Should Revise Its Informal Settlement Policies to Maximize the Deterrent Value of Citations, Martha T. McCluskey, Thomas O. McGarity, Sidney Shapiro, Rena Steinzor, and Katherine Tracy
At the Company's Mercy: Protecting Contingent Workers from Unsafe Working Conditions, Martha T. McCluskey, Thomas McGarity, Sidney Shapiro, and Matthew Shudtz
The Next OSHA: Progressive Reforms to Empower Workers, Martha T. McCluskey, Thomas McGarity, Sidney Shapiro, Rena Steubzor, and Matthew Shudtz
Law and Economics: Contemporary Approaches, Martha T. McCluskey, Frank A. Pasquale III, and Jennifer Taub
Religious Privilege to Discriminate as Religious Freedom: From Charitable Choice to Faith Based Initiatives to RFRA and FADA, Marcia L. McCormick
Consumer Financial Protection in a Time of Uncertainty, Patricia McCoy
How Environmental Protection Reaches the Public Eyes and Ears: the Environmental Journalism of Environmental Law and Politics, Patricia McCoy
Knightian Uncertainty, Sytemic Risk Regulation and the Limits of Judicial Review, Patricia McCoy
Legal Scholarship in Times of Public Crisis, Patricia McCoy
Legislation: What is the Trump Administration's Legislative Agenda on Finance?, Patricia McCoy
Letter to Congressional Banking Committee Chairs and Ranking Minority Members Opposing the CHOICE Act, Patricia McCoy
Social Tradeoffs in Managing Longevity Risk, Patricia McCoy
The Tenth Anniversary of the Subprime Mortgage Crisis: The State of Financial Reform and Consumer Financial Protection, Patricia McCoy
Foreword, Patricia A. McCoy
Has the Mortgage Pendulum Swung Too Far? Reviving Access to Mortgage Credit, Patricia A. McCoy
A New Coalescence in the Housing Finance Reform Debate?, Patricia A. McCoy and Susan Wachter
Representations and Warranties: Why They Did Not Stop the Crisis, Patricia A. McCoy and Susan Wachter
Why Cyclicality Matters To Access to Mortgage Credit, Patricia A. McCoy and Susan M. Wachter
Accessing Jury Selection Data in Pre-Digital Era, Liz McCurry Johnson
Quoted in "California Again Steps Up to Trump, This Time to Stop the Border Wall", Patrick McGreevy and Jazmine Uloa
Armoring Against Coastal Climate Adaptation in the US: A Massachusetts Perspective, Chad J. McGuire
Risky Business: Publicly Insuring Against Rising Tides, Chad J. McGuire
Uncommunicating Climate Change in the Trump Era: Influencing Public Policy by Attempting to Control the Message, Chad J. McGuire
Competing Narratives of Climate Change, Chad J. McGuire and Devon Lynch
The Need for Environmental Justice Never Ends Because Externalities Persist, Chad J. McGuire and Devon Lynch
U.S. Supreme Court Cites Notre Dame Law Professor’s Work, Mark McKenna
USING IN-DEPTH INTERVIEWS AND A SINGLE-SUBJECT DESIGN TO IDENTIFY “THE ONE”: A FEASIBILITY STUDY FOR SERVICES AND RETAIL MARKETING RESEARCH, Oscar T. McKnight, Ronald Paugh, Elena Kirkbride, and Emily Sycks
A Law Professor’s Measured Take On Neil Gorsuch And Why Originalism Is Full Of Sh*t, Mary Brigid McManamon
Smile, Steve Bannon’s Watching!, Mary Brigid McManamon
Fighting Fascism: Lessons From Nazi Germany About the Rule of Law, Judith A. McMorrow
Moving from a Brandeis Brief to a Brandeis Law Firm: Challenges and Opportunities for Holistic Legal Services in the United States, Judith A. McMorrow
Moving from a Brandeis Brief to a Brandeis Law Firm: Challenges and Opportunities for Holistic Legal Services in the United States, Judith A. McMorrow
The Rule of Law in the Age of Trump, Judith A. McMorrow
UK Alternative Business Structures for Legal Practice: Emerging Models and Lessons for the US, Judith A. McMorrow
Gatekeepers in the Age of New Governance, Judith A. McMorrow and Stephen Geanacopoulos
Lawyer Discipline in an Authoritarian Regime: Empirical Insights from Zhejiang Province, China, Judith A. McMorrow, Benjamin Van Rooij, and Sida Liu
Aboriginal Rights in Transition: Reassessing Aboriginal Title and Governance, Kent McNeil
Aboriginal Title and Indigenous Governance: Identifying the Holders of Rights and Authority, Kent McNeil
Aboriginal Title and the Provinces after Tsilhqot’in Nation, Kent McNeil
Aboriginal Title in Canada: Site-Specific or Territorial?, Kent McNeil
Fiduciary Obligations and Aboriginal Peoples, Kent McNeil
Fiduciary Obligations and Aboriginal Peoples, Kent McNeil
Indigenous Law and Aboriginal Title, Kent McNeil