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
Human Worth as Collateral, Rashmi Dyal-Chand
Lost Opportunity: Bush v. Holmes and the Application of State Constitutional Uniformity Clauses to School Voucher Programs, Jamie S. Dycus
The Press as Interest Group: Mainstream Media in the United States Supreme Court, Eric B. Easton
Hit and Miss: Leverage, Sacrifice, and Refusal to Deal in the Supreme Court Decision in Trinko, Nicholas Economides
The Law, Marketing and Behavioral Economics of Consumer Rebates, Matthew A. Edwards
Don’t Get Bit: Addressing ICSID’s Inconsistent Application of Most-Favored-Nation Clauses to Dispute Resolution Provisions, Gabriel Egli
Marriage and the Elephant: State Regulation of Intimate Relationships between Adults , Maxine Eichner
Marriage and the Elephant: The Liberal Democratic State’s Regulation of Intimate Relationships between Adults , Maxine Eichner
Who Should Control Children's Education?: Parents, Children, and the State, Maxine Eichner
The Flight from Arbitration: An Empirical Study of Ex Ante Arbitration Clauses in Publicly-Held Companies’ Contracts, Theodore Eisenberg and Geoffrey Miller
Understanding the Policy Support Instrument of the IMF , Adebukola A. Eleso
WTO Dispute Settlement Remedies: Monetary Compensation as an Alternative for Developing Countries, Adebukola A. Eleso
The Anomaly of Guantanamo: Two Innocent Men Caught in a Devastating Legal Limbo, Lauren S. Elfant
Regulatory Status of VoIP in the Post-Brand X World, Jerry Ellig
Buried Online: State Laws That Limit E-Commerce in Caskets, Jerry Ellig and Asheesh Agarwal
The Purpose of Child Support, Ira M. Ellman
Making Main Street Legal Again: The SmartCode Solution to Sprawl, Chad Emerson
Developing Reasoned Framework for International Choice with Criminal Procedure, Nancy D. Erbe
Nomos, Conflict, and the Tragedy of Adjudication: The Jurisprudence of Robert Cover, Julen Etxabe
How Can a Mediator be Both Impartial and Fair: Why Ethical Standards of Conduct Create Chaos for Mediators, Susan Nauss Exon
Domestic Violence and Legal Reforms in Nigeria: Prospects and Challenges, Itoro Eze-Anaba
Death Penalty Jurisprudence in New York and the Supremacy Clause of the United States Constitution: How Supreme Is It ?, Joseph E. Fahey
The Elusive Promise: Northern Ireland and the Quest for Peace; An Examination of the Peace Process, Joseph E. Fahey
A Unified Theory of Constitutional Facts, David L. Faigman
Fuck, Christopher M. Fairman
Reproductive Cloning Case:How Law and Bioethics Measure a Compelling Governmental Interest, Paulo Farias
Suspicionless Canine Sniffs: Does the Fourth Amendment Prohibit Public Schools from Using Dogs to Search Students without Individualized Suspicion?, Todd J. Feinberg
The Role of International Human Rights Law in the American Decision to Abolish the Juvenile Death Penalty, William A. Feldman
Troubles with Hiibel: How the Court Inverted the Relationship between Citizens and the State, John A. Fennel and Richard Sobel
Regulating Land Use in a Constitutional Shadow: The Institutional Contexts of Exactions, Mark Fenster
The Takings Clause, Version 2005: The Legal Process of Constitutional Property Rights, Mark Fenster
Statutes of Repose and the Equal Protection Clause of the 14th Amendment of the U.S. Constitution, Garris G. Ference
Mind, Brain and the Law, Atahualpa Fernandez
Fiction, Form and Substance in Subchapter K -- Approaching Partnership Mergers, Divisions and Incorporations, Heather M. Field
Brain Imaging and Privacy: How Recent Advances in Neuroimaging Implicate Privacy Concerns , David P. Finn
China’s Market Participation: The Case for a Paradigm Shift in Analyzing China’s Capital Market Regulation, David P. Finn
Fumbling in the Dark: The Case for a Paradigm Shift in Analyzing China’s Capital Market Regulation, David P. Finn
The Boundaries of Plea Bargaining: Negotiating the Standard of Proof , Talia Fisher
The "Benefits" of Non-Delegation: Using the Non-Delegation Doctrine to Bring More Rigor to Benefit-Cost Analysis, Victor B. Flatt
Who Should Hold the Key? An Analysis of Access and Confidentiality in Juvenile Dependency Courts, Jennifer L. Flint
Choosing Tribal Law: Why State Choice-of-Law Principles Should Apply to Disputes with Tribal Contacts, Katherine J. Florey
Legal Pluralism & Women's Rights: A Study in Post-Colonial Tanzania, Edward R. Fluet, Mark J. Calaguas, and Cristina M. Drost
Gender Equality, Social Values and Provocation Law in the United States, Canada and Australia, Caroline A. Forell
Still Crazy after All These Years: The Absolute Assignment of Rents in Mortgage Loan Transactions, Julia P. Forrester
The Weldon Amendment: The Ongoing Restrictions on a Woman's Right to Choose, John Patton Fortuno
Vouchers for Sectarian Schools after Zelman: Will the First Circuit Expose Anti-Catholic Bigotry in the Massachusetts Constitution?, Richard Fossey and Robert LeBlanc
Facial Challenges, Legislative Purpose, and the Commerce Clause, David L. Franklin
Airline Liability for Loss, Damage or Delay of Passenger Baggage, M. R. Franks
Making Our Congressional Elections More Competitive: A Proposal for a Limited Number of Statewide At Large Elections in Our More Populous States, Walter M. Frank
Network Neutrality or Bias?--Handicapping the Odds for a Tiered and Branded Internet, Robert M. Frieden
Revenge of the Bellheads: How the Telecommunications Mindset Will Reshape the Internet, Robert M. Frieden
Wallace v. City of Chicago and Accrual of 1983 Claims, Michael D. Frisch
Certifying Questions to Congress, Amanda Frost
Managers' Fiduciary Duties in Financially Distressed Corporations: Chaos in Delaware (and Elsewhere), Christopher W. Frost and Rutheford B. Campbell
Leaving the Thicket at Last, Luis Fuentes-Rohwer
Statutory Interpretation, Constitutional Limits, and the Dangers of Collaboration: The Ironic Case of the Voting Rights Act, Luis Fuentes-Rohwer
Taking "Justice and Fairness" Seriously: Distributive Justice and the Takings Clause, Jeffrey M. Gaba
A Fighting Chance: Race Conscious Admissions, Social Science, and the Law, Crystal R. Gafford Muhammad
An Analysis of the Contemporary Role of Social Science in the Law: The Case of Race Conscious Admissions, Crystal R. Gafford Muhammad
When Hope Lies with the Courage of a Cowardly Lion: Social Science, Race, and Judicial Political Affiliation in Contemporary Race Conscious Admissions Cases, Crystal R. Gafford Muhammad
Conducting the Constitution: Justice Scalia, Textualism, and the Eroica Symphony, Ian Gallacher
A Republic of the Mind: Cognitive Biases, Fiscal Federalism, and the Tax Code, Brian Galle
Designing Interstate Institutions: The Example of the SSUTA, Brian D. Galle
Unmasking Extraordinary Renditions in the Context of Counter-Terrorism, James M. Gallen
Herding Bullfrogs towards a More Balanced Wheelbarrow: An Illustrative Recommendation for Federal Sentencing Post-Booker, Brian R. Gallini and Emily Q. Shults
Commodification and Contract Formation: Placing the Consideration Doctrine on Stronger Foundations, David S. Gamage
Manipulative Behavior in Auction IPOs, Mira Ganor
Informal Economy: Is It a Problem, a Solution or Both? The Perspective of the Informal Business, Omar E. Garcia-Bolivar
Repressed Memory Evidence in Civil Sexual Abuse Cases, Lindsay R. Garrett
Sovereignty of Aves Island: An Argument against Standardized, Compulsory Arbitration, Michael S. Garrison
Imperialism, Colonialism and International Law, James Gathii
Economic Analysis of Law and Economics, Oren Gazal-Ayal
Uncivil Religion: "Judeo-Christianity" and the Ten Commandments, Frederick Mark Gedicks and Roger Hendrix
Employee Blogs and Social Capital: A Time for State Legislative Action, Rafael Gely and Leonard Bierman
Rent Concessions and Illegal Contract Penalties in Texas, James P. George
Rent Concessions, Reimposable Discounts, and the Return of Medieval Contract Penalties, James P. George
Non-Judicial Precedent, Michael J. Gerhardt
Taxing Emotional Injury Recoveries: A Critical Analysis of Murphy v. Internal Revenue Service, Gregory L. Germain
The Abortion Rights of Adolescents Should Be Coextensive with Those of Adults--a Theoretical Framework, Chad M. Gerson
Toward an International Standard of Abortion Rights: Empirical Data from Africa, Chad M. Gerson
Evaluating the WTO's Two Step Test for Environmental Measures under Article XX, Nita Ghei
Risk Aversion and Rights Accretion in Intellectual Property Law, James Gibson
The Judgment-Proof Society, Stephen G. Gilles
Performing Rights Societies And The Digital Environment, Philippe Gilliéron
Poor Whites, Benevolent Masters, and the Ideologies of Slavery: A Slave Accused of Rape in the Antebellum South, Jason A. Gillmer
Calling the United States' Bluff: How Sovereign Immunity Undermines the United States' Claim to an Effective Domestic Human Rights System, Denise L. Gilman
Forcing Fairness in State Taxation, Randall J. Gingiss
Should It Be Illict to Solicit? A Legal Analysis of Policy Options to Regulate Solicitation of Organs for Transplant, Alexandra K. Glazier and Scott Sasjack
Distance Education in Law School: The Train Has Left the Station, Diana L. Gleason
Race Nuisance: The Politics of Law in the Jim Crow Era, Rachel D. Godsil
Regulation of Joint Ventures under Article 81 of EU Treaty, Rahul Goel
The Unilateral Creation of International Law During the "War on Terror": Murder by an Unprivileged Belligerent is not a War Crime, Noman A. Goheer
Torture: Considering a Framework for Limiting Use, Scott J. Goldberg
Thou Shalt Love Thy Neighbor: RLUIPA and the Mediation of Religious Land Use Disputes, Jeffrey H. Goldfien
Legal Construct Validation: Expanding Empirical Legal Scholarship to Unobservable Concepts, David S. Goldman