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
Open Source, Free Software and Contractual Issues, Jose Javier González de Alaiza
The Case of the Extradition of Luis Posada Carriles: Is the United States Harboring a Terrorist?, Ernesto Gonzalez
SOX, Statutory Interpretation, and the Seventh Amendment: Sarbanes-Oxley Act Whistleblower Claims and Jury Trials, Jarod S. Gonzalez
The Punishment of Dixie Shanahan: Is There Justice for Battered Women Who Kill?, Leigh Goodmark
Career Criminals Targeted: The Verdict Is In, California’s Three Strikes Law Proves Effective, Naomi Harlin Goodno
Cyberstalking, a New Crime: Evaluating the Effectiveness of Current State and Federal Laws, Naomi Harlin Goodno
Toward an International Criminal Procedure: Due Process Aspirations and Limitations, Gregory S. Gordon
Final Offer Arbitration in the New Era of Major League Baseball, Spencer B. Gordon
Knowledge Inputs, Legal Institutions and Firm Structure: Towards a Knowledge-Based Theory of the Firm, Erica Gorga and Michael Halberstam
Leveling the Playing Field: Is It Time for a Legal Assistance Center for Developing Nations in Investment Treaty Arbitration? , Eric J. Gottwald
Treaties in U.S. Courts: Judge Bork's Anti-Originalist Revolution, Kay Graeff and David Sloss
Why Justice Scalia Should Be a Constitutional Comparativst . . . Sometimes, David C. Gray
The Marginal Incentive of Insider Trading: An Economic Reinterpretation of the Case Law, Kristoffel R. Grechenig
“A Modest Proposal”: Universal Cesarean Section to Reduce Professional Liability Costs, James A. Greenberg, Katherine E. Economy, Andrew W. Beckwith, and Jeffrey L. Ecker
Darn Your SOX: Exploring Retroactive Application of Extended Statutes of Limitation and Repose in Securities Fraud Litigation, Sarah J. Greenberg
Urban Legends, Desegregation and School Finance: Did Kansas City Really Prove That Money Doesn’t Matter?, Preston C. Green
The Action Bias in American Law: Internet Jurisdiction and the Triumph of Zippo Dot Com, Richard Greenstein
Looting, Law, and Lawlessness, Stuart Green
The Dividend Problem, Daniel J.H. Greenwood
Section 7525’s Last Gasps: The Tax Practitioner Privilege and the Selective Waiver Doctrine, Amandeep S. Grewal
Substance over Form? Phantom Regulations and the Internal Revenue Code, Amandeep S. Grewal
Regulating Contract Formation: Precontractual Reliance, Sunk Costs, and Market Structure, Ofer Grosskopf and Barak Medina
Langdell Upside-Down: The Anticlassical Jurisprudence of Anticodification, Lewis A. Grossman
The Politics of Memory/Errinerungspolitik and the Use and Propriety of Law in the Process of Memory Construction, Vivian Grosswald Curran
The De-Gentrification of New Markets Tax Credits, Roger M. Groves
Comparative Corporate Governance: Irish, American, and European Responses to Corporate Scandals, Manish Gupta
St. George Tucker’s Second Amendment: Deconstructing ‘The True Palladium of Liberty’, Stephen P. Halbrook
Legislative Threats, Guy Halfteck
Principles of U.S. Family Law, Vivian E. Hamilton
Not a Living Room Sofa: Changing the Legal Status of Companion Animals, Susan J. Hankin
Reverse Monitoring: On the Hidden Role of Employee Stock Ownership Plans, Sharon Hannes
The Market for Takeover Defenses, Sharon Hannes
The Regulation of Intercountry Adoption, Mary E. Hansen and Daniel Pollack
Tradeoffs in Formulating a Consistent National Policy on Adoption, Mary Eschelbach Hansen and Daniel Pollack
If You Work for the Government, Then Shut Your Mouth: Garcetti v. Ceballos and the Future of Public Employee Speech, Joseph E. Hardgrave
Semper Disqualified: The Incongruity between Federal and State Suffrage Protections for Certain Military Voters Seeking to Vote in State and Local Elections, and a Possible Legislative Remedy, Alexandra R. Harrington
Signed, Sealed, Delivered, and ?: The Correlation between Policy Areas, Signing, and Legal Ratification of Organization of American States’ Treaties by Member States., Alexandra R. Harrington
To Protect or to Serve: Confidentiality, Client Protection and Domestic Violence, Dana Harrington-Conner
The Capabilities Approach as a Solution to the Need for a More Encompassing Definition of Poverty, Sarah L. Harrington
The War on Terror, Local Police, and Immigration Enforcement: A Curious Tale of Police Power in Post-9/11 America, David A. Harris
Don't Mourn --- Reorganize! An Introduction to the Next Wave Organizing Symposium Issue, Seth Harris
Law, Economics, and Accommodations in the Internal Labor Market, Seth Harris
Analysis of Certain Aspects of the “Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism” Report in Light of Customary International Law, Michael P. Hatchell
Compensation Representatives: A Prudent Solution to Excessive CEO Pay, Lawton W. Hawkins
Inside the Outsider: Critical Race Theory against Human Rights?, Eric Heinze
The Use and Abuse of Human Rights Discourse: A Legitimacy Test for NGOs, IGOs and Governments, Eric Heinze
Courts, Cops, Citizens, and Criminals, Justin David Heminger
Sex, Trust, and Corporate Boards, Joan M. Heminway
No Direction Home: Will the Law Keep Pace with Human Tracking Technology to Protect Individual Privacy and Stop Geoslavery? , William A. Herbert
Opening Bottlenecks: On Behalf of Mandated Network Neutrality, Bill D. Herman
Mediating Animal Law Matters, Kathy M. Hessler
Doing Deals in Japan: An Analysis of Recent Trends & Developments for the U.S. Practitioner, Christopher T. Hines, Tatsuya Tanigawa, and Andrew P. Hughes
A Defense of Structural Injunctive Remedies in South African Law, Danielle E. Hirsch
Taking State Property Rights out of Federal Labor Law, Jeffrey M. Hirsch
The Rise and Fall of Private Sector Unionism: What Next for the NLRA?, Jeffrey M. Hirsch and Barry T. Hirsch
The Day Laborer Debate: Small Town, U.S.A. Takes on Federal Immigration Law Regarding Undocumented Workers, Margaret B. Hobbins
In Sickness, Health, and Cyberspace: Protecting the Security of Electronic Private Health Information, Sharona Hoffman and Andy Podgurski
The Expressive Impact of Patents, Timothy R. Holbrook
Pregnancy in Pieces: The Potential Gap in State and Federal Provided Pregnancy Leave, Sarah Stewart Holland
Judicial Anarchy: The Admission of Convictions to Impeach -State Supreme Court Interpretive Standards, 1990-2004, Dannye Holley
Is the Eli Lilly Written Description Requirement a Paper Tiger?: A Comprehensive Assessment of the Impact of Eli Lilly and Its Progeny in the Courts and PTO, Christopher M. Holman
The Meaning of “Life”: The Morning-After-Pill, the Question of When Life Begins, and Judicial Review, Jason M. Horst
Light from the Trees: The Story of Minors Oposa and the Russian Forest Cases , Oliver Austin Houck
Please Don't Feed the Homeless: Pottinger Revisited, Shirley D. Howell
Tackling the "Evils" of Interlocking Directorates in Healthcare Nonprofits, Nicole Huberfeld
Review Essay: Using All Available Information, Max Huffman
Standing for Extraterritoriality: Defining the Empagran Exception, Max Huffman
Rescue Me: Legislating Cooperation between Animal Control Authorities and Rescue Organizations, Rebecca J. Huss
Compulsory Unionism as a Fraternal Conceit?, Harry G. Hutchison
The Little Word "Due", Andrew T. Hyman
The United States' Experience with Energy-Based Tax Incentives: The Evidence Supporting Tax Incentives for Renewable Energy, Mona L. Hymel
Individual or Collective Liability for Corporate Directors?, Darian M. Ibrahim
Traditional Values, or a New Tradition of Prejudice? The Boy Scouts of America vs. the Unitarian Universalist Association of Congregations, Eric Alan Isaacson
Halbert v. Michigan: The Application of the Douglas-Ross Dichotomy in Constitutionalizing Indigency in States’ Appellate Court Processes, Omari O. Jackson
Probing Environmental Discretion: An Argument for Regulating Greenhouse Gases from Motor Vehicles under the Clean Air Act, Omari O. Jackson
Competing Models of Judicial Coalition Formation and Case Outcome Determination, Tonja Jacobi
Redefining the Right to Be Let Alone: Privacy Rights and the Constitutionality of Technical Surveillance Measures in Germany and the United States, Nicole E. Jacoby
Gayanashogowa and Guardianship: Expanding and Clarifying the Federal-Tribal Trust Relationship, Kavitha Janardhan
Ordered Conflict Resolution, David R. Jenkins
One Small Step: The Past, Present, and Future of the Federal Sentencing System , Matthew Jill
Desperate Cities: Eminent Domain and Economic Development in a Post-Kelo World, Asmara Tekle Johnson
Desperate Cities: Eminent Domain and Economic Development in a Post-Kelo World, Asmara Tekle Johnson
Privatizing Eminent Domain: The Delegation of a Very Public Power to Private, Non-Profit and Charitable Corporations, Asmara Tekle Johnson
Explanation, Human Nature, and Tort Theory, Jeffery L. Johnson
The Focused Attention of Others: A Conceptual and Normative Model of Personal and Legal Privacy, Jeffery L. Johnson
Judith Johnson ADA Article, Judith Johnson
Standardized Tests, Erroneous Scores, and Tort Liability, Vincent R. Johnson
Imposing Conditions on Developing Countries’ Tariff Preferences, Jennifer S. Jones
The Deregulatory Valence of Justice O'Connor's Federalism, Bradley W. Joondeph
Legislation and Legitimation: Congress and Insider Trading in the 1980s, Thomas W. Joo
The Chameleon Effect: Beyond the Bonding Hypothesis for Cross-Listed Securities, Cally Jordan
Repairing Facade Easements: Is This the Gift That Launched a Thousand Deductions?, Martha W. Jordan
The Convicted Felon as a Guardian: Considering the Alternatives of Potential Guardians with Less-Than-Perfect Records, Mike Jorgensen
Rethinking Yamashita: Holding Military Leaders Accountable for Wartime Rape, Joshua h. Joseph
Teaching in Reverse: A Positive Approach to Analytical Errors in 1L Writing, Lesley S. Kagan and Susan E. Provenzano
The Headscarf as Threat? A Comparison of German and American Legal Discourses, Robert A. Kahn
Patent Drafter Estoppel: Why Didn't Sage Products Create a New Foreseeability Limitation on the Application of the Doctrine of Equivalents?, Christopher M. Kaiser
A Case for the Prosecution of Kim Jong Il for Crimes against Humanity, Genocide, and War Crimes , Grace M. Kang