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
Should We Adopt William Vickrey’s Cumulative Averaging Income Tax System? Progressivity and Simplicity in Tax Reform, Neil H. Buchanan
In the Best Interest of the Child, Ellen L. Buckwalter
Reassessing Damages in Securities Fraud Class Actions, Elizabeth C. Burch
The New Judicial Hostility to Arbitration: Unconscionability and Agreements to Arbitrate, Steven J. Burton
The Genuine Article: A Subversive Economic Perspective on the Law's Procreationist Vision of Marriage , Courtney M. Cahill
Ironic Misnomer: How the Term, "Partial-Birth Abortion," Reveals Why Attempts to Ban the Practice Have (So Far) Been Largely Unsuccessful, Samuel W. Calhoun
Arbitration v. Litigation: The Right to Appeal and Other Misperceptions Fueling the Preference for a Judicial Forum, Rebecca Callahan
Punitive Damages, Liquidated Damages, and Clauses Penale in Contract Actions: A Comparative Analysis of the American Common Law and the French Code Civil, Charles R. Calleros
Strict Liability and the Liberal Justice Theory of Torts, Alan Calnan
Making Regulation Evolve: A Case Study in Maladaptive Management, Alejandro E. Camacho
The Legalization of Fat: Law, Science, and the Construction of a Moral Panic, Paul Campos
Realism and Transnationalism: Competing Visions for International Security, Nathan A. Canestaro
Getting Control of Waiver of Privilege in the Federal Courts : A Proposal for a Federal Rule of Evidence 502, Daniel J. Capra
At the Crossroads of Legitimacy and Arbitral Autonomy, Thomas E. Carbonneau
Power as a Factor in Lawyers' Ethical Deliberations, Susan D. Carle
Fair Housing Is Good Medicine: Applying the Fair Housing Act's No-Inquiry Regulation When Housing and Health Care Are Provided Together, Eric M. Carlson
Protecting Rights or Waiving Them? Why 'Negotiated Risk' Should Be Removed from Assisted Living Law, Eric M. Carlson
The Small Firm Exemption and the Single Employer Doctrine in Employment Discrimination Law, Richard R. Carlson
Dignity - The Enemy from Within, Guy E. Carmi
The California Supreme Court’s Unlawful Use of Legislative History to Interpret Unambiguous Statutes during Its 2005 Term, Dylan B. Carp
Fighting Corruption through Regional and International Conventions: A Satisfactory Solution?, Indira M. Carr
Criminal Forfeiture Procedure: 2006, Stefan D. Cassella
Winter for Purehearts, Michael Cavendish
The Transition from the Inquisitorial to the Accusatorial System of Trial: Procedure: Why Some Latin American Lawyers Hesitate , Leonard L. Cavise
When the Inquisitorial and Adversary Systems Collide: Teaching Trial Advocacy to Latin American Lawyers, Leonard L. Cavise
When the Inquisitorial and Adversary Systems Collide: Teaching Trial Advocacy to Latin American Lawyers, Leonard L. Cavise
Social Reproduction and Religious Reproduction: A Democratic-Communitarian Analysis of the Yoder Problem, Josh Chafetz
Patent Political Economy - Indian Lessons on Pharmaceutical Patent, Julien L. Chaisse and Samira Guennif
Distinguishing Certification from Abstention in Diversity Cases: Postponement versus Abdication of the Duty to Exercise Jurisdiction, Deborah J. Challener
British National Parks for North Americans: What We Can Learn from a More Crowded Nation Proud of Its Countryside, Federico Cheever
A Satire of Law Firm Employment Practices (Book Review of Anonymous Lawyer, by Jeremy Blachman), Miriam A. Cherry
Beyond Conspiracy? Anticipatory Prosecution and the Challenge of Unaffiliated Terrorism, Robert Chesney
MacCrate (in)Action: The Case for Enhancing the Upper-Level Writing Requirement in Law Schools, Kenneth D. Chestek
Public Opinion Supervision - A Case Study of Media Freedom in China, Anne SY cheung
The (Practical) Meaning of Property, Vincent F. Chiappetta
The Overlapping Magisteria of Law and Science: When Litigation and Science Collide, William G. Childs
Women Fighting Poverty in Cameroon: A Legal Perspective!, Geraldine Chin C K G Chin
Till Death Do Us Part: Marriage, HIV/AIDS and the Law in Zimbabwe, Slyvia Chirawu
Toward a New Economic Constitution: Judicial Disciplines on Trade Politics, Sungjoon Cho
Ackerman's Higher Lawmaking in Comparative Constitutional Perspective: Constitutional Moments as Constitutional Failures?, Sujit Choudhry and Bernadette Mount
A Prolegomena to Federal Statutory Interpretation: Identifying the Sources of Interpretive Problems, James G. Christy
Assigning the Burden of Proof in Contractual Jury Waiver Challenges: How Valuable Is Your Right to a Jury Trial?, Chester S. Chuang
Tribal Bondage: Statutory Shackles and Regulatory Restraints on Tribal Economic Development, Gavin Clarkson
Flipping a Coin: A Solution for the Inherent Unreliability of Eyewitness Identification Testimony, Noah A. Clements
Habitat and Humanity: Public Lands Law in the Age of Ecology, Jamison E. Colburn
Localism's Ecology: Protecting and Restoring Habitat in the Suburban Nation, Jamison E. Colburn
Waters of the United States: Theory, Practice and Integrity at the Supreme Court, Jamison E. Colburn
Bargaining with a Hugger: The Weaknesses and Limitations of a Communitarian Conception of Legal Dispute Bargaining, or Why We Can't All Just Get Along, Robert J. Condlin
Protecting Menard’s Quixote: A Return to the Strict Originality Standard in Copyright Law, Daniel R. Connolly
Making Chinese Labor Law Work, Sean T. Cooney
Empirilegal Analysis: Commencement of a Dialogue, or a Battle?, Anne M. Corbin
The Eastern Lowland Gorilla: Saving the Victims of Coltan, Amy Costanzo
Authorship, Audiences, and Anonymous Speech, Thomas F. Cotter
State v. Martinez: The Boundaries of Judicial Discretion and the Sixth Amendment Right to Trial by Jury in Arizona, Jamie C. Couche
The Unbearable Lightness of Batson: Mixed Motives and Discrimination in Jury Selection, Russell D. Covey
Rules Versus Standards in Antitrust Adjudication, Daniel A. Crane
The Case for Selective Abolition of the Rules of Evidence, David Crump
The Valuation of Distressed Companies - A Conceptual Framework, Michael Crystal QC and Riz Mokal
Auditing Executive Discretion, Mariano-Florentino Cuellar
Crisis Bureaucracy: Homeland Security and the Political Design of Legal Mandates, Mariano-Florentino Cuellar
Refugee Security and the Organizational Logic of Legal Mandates, Mariano-Florentino Cuellar
Believing in Products Liability: Reflections on Daubert, Doctrinal Evolution, and David Owen's "Products Liability Law", Richard L. Cupp
Successor Liability for Defective Products: A Redesign Ongoing, Richard L. Cupp
Lincoln, the Constitution of Necessity, and the Necessity of Constitutions, Michael Kent Curtis
Sarbanes-Oxley: Section 404 and the Death of the Small Public Company, M Gregory Cutler
Doing the Right Thing: Disability Discrimination and Readmission of Academically Dismissed Law Students, Lynn M. Daggett
Shareholder (and Director) Fiduciary Duties and Shareholder Activism, Paula J. Dalley
The Use and Misuse of Disclosure as a Regulatory System, Paula J. Dalley
The Interdisciplinary Turn in Legal Education , Anthony D'Amato
Counter-Majoritarian Difficulty in South African Constitutional Law, Reynaud Neil Daniels
Non Bis in Idem and the International Criminal Court, Reynaud Neil Daniels
Right of Access to Water in South Africa , Reynaud Neil Daniels
Discovering the Boundaries: Federal Preemption of Pharmaceutical Labeling Product Liability Actions, Mary J. Davis
The Final Battle for Preemption: The FDA and Prescription Drug Labeling Product Liability Actions, Mary J. Davis
The Suffocation of Free Speech under the Gravity of Danger of Terrorism, Tim Davis
Recoiling from Religion, Marc O. DeGirolami
The Battle of Mars and Venus: Why Do American and European Attitudes toward International Law Differ?, Robert J. Delahunty
Varied Carols: Legislative Prayer in a Pluralist Polity, Robert J. Delahunty
A Hard Pill to Swallow- Does Schering v. Geneva Endanger Research and Development within the Pharmaceutical Industry?, Alfredo De La Rosa
A Neo-Chicago Perspective on the Law of Product Tying: Exposing the Last Sanctuary of the Harvard School, Alan J. Devlin
Exploring the Source of Transatlantic Antitrust Divergence, Alan J. Devlin
Ringing the Bell on the NYSE: Might a Nonprofit Stock Exchange Have Been Efficient?, Stephen F. Diamond
Governance of Brazilian Pension Funds, Luciana Pires Dias
Finding Common Ground in the World of Electronic Contracts: The Consistency of Legal Reasoning in Clickwrap Cases, Robert L. Dickens
American Military Justice and International Criminal Court Complementarity: The Case of UCMJ Article 60, Allen J. Dickerson
Transnational Shipments of Nuclear Materials by Sea: Do Current Safeguards Provide Coastal States a Right to Deny Innocent Passage?, David B. Dixon
Power or Prudence: Which Is It?, Lisa A. Dolak
Human Rights Enforcement in the 21st Century, Douglas L. Donoho
The Group Dynamics Theory of Executive Compensation, Michael B. Dorff
Conversational Standing: A New Approach to an Old Privacy Problem, Christopher M. Drake
Post-Katrina New Orleans: The Strangely Vacant Article II Actor Denying or Delaying Right or Justice, Cynthia A. Drew
Regulatory Reform: The New Lochnerism?, David M. Driesen
Sustainable Development and Market Liberalism's Shotgun Wedding: Emissions Trading under the Kyoto Protocol, David M. Driesen
The Role of Patents in Fostering Open Innovation, John Dubiansky
Superstition-Based Injustice in Africa and the United States: The Use of Provocation as a Defense for Killing Witches and Homosexuals, Jennifer Dumin