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
Daubert and the Disappearing Jury Trial, Allan Kanner
Does Information Beget Information?, Dennis S. Karjala
Conflicts of Interest and Institutional Litigants, Curtis E.A. Karnow
How Do You Take Your Multi-State, Class-Action Litigation? One Lump or Two?, Daniel R. Karon
How Do You Take Your Multi-State, Class-Action Litigation? One Lump or Two?, Daniel R. Karon
Reforming Mexico’s Labor Law for Independent Labor Unions, Mischa H. Karplus
Would Banning Firearms Reduce Murder and Suicide? A Review of International Evidence, Don B. Kates and Gary A. Mauser
The Development, Interpretation and Scope of the Word "Sex" within Title VII: With Particular Reference to "Sexual Orientation.", Abbas Kazerounian
The Case for Residency-Based Taxation of Financial Transactions in Developing Countries, Yoram Keinan
How the Legal System Can Help Millions Retire: A Call for Improved Application of the Suitability Standard, Ryan Z. Keller
Exporting Western Law to the Developing World: The Troubling Case of Niger, Thomas A. Kelley
Dropping the Hot Potato: Rescusitating the Permissive Withdrawal Rules in the Model Rules of Professional Conduct, Henry M. Kelln
The "Public Use" Requirement in Eminent Domain Law: A Rationale Based on Secret Purchases and Private Influence, Daniel B. Kelly
Custom and Tradition Versus Reason in Modern Secular and Religious Moral Reasoning and in Modern Constitutional Law, Randall Kelso
Agricultural Biotechnology: Legal Liability from Comparative and International Law Perspectives, Drew L. Kershen and Stuart J. Smyth
Paid Family Leave in American Law Schools: Findings and Open Questions, Laura T. Kessler
Formal Versus Informal Allocation of Land in a Commons: The Case of the MacArthur Park Sidewalk Vendors, Gregg Kettles
Holostic Learning: Amending the Rowley Test to Clarify the Inclusion Debate, Allan Kickertz
Principled Parentage: Abandoning the Gender-Based Underpinnings of Legal Parentage Analysis as Applied in the Context of Gestational Surrogacy, Jennifer A. Kimball
No Due Process: How the Death Penalty Violates the Constitutional Rights of the Family Members of Death Row Prisoners, Rachel C. King
Detention for the Purpose of Interrogation as Modern "Torture", Rinat Kitai-Sangero
Recent Defined Benefit Pension Reform: Reasons and Results, Daniel B. Klaff
Modern Public Trust Principles: Recognizing Rights and Integrating Standards, Alexandra B. Klass
The New Nuisance: An Antidote to Wetland Loss, Sprawl, and Global Warming, Christine A. Klein
Commodity Exchanges and Antitrust, Andrew N. Kleit and James M. Falvey
Is Capital Punishment Immoral Even If It Does Deter Murder?, Thomas Kleven
Is Capital Punishment Immoral Even If It Does Deter Murder?, Thomas Kleven
Delegating Democracy - The Siphoning of Immigration Power from Congress to the States and Administrative Agencies, and the Need for a New Approach.", Oleg S. Kobelev
The African Bushmeat Crisis: A Case for Global Partnership, Andrew Elliott Kohn and Heather E. Eves
Preventing International Terrorism: Can Multinational Corporations Offer a Fresh New Perspective?, Jocelyne Kokaz-Muslu
Jumping on the Mommy Track: A Tax for Working Mothers, Jessica C. Kornberg
Rethinking Civil Contempt Incarceration, Jessica C. Kornberg
Perceptions of Morality and the Appeal of Tort Reform, Martin A. Kotler
Expert Eyewitness Testimony , Janine M. Kovacs
The Restitutionary Approach to Just Compensation, Tim Kowal
Who Will Redevelop Redevelopment?, Tim Kowal
A Modern Disaster: Agricultural Land, Urban Growth, and the Need for a Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich
Public Services Meet Private Law, Michael I. Krauss
How to Sue without Standing: The Constitutionality of Citizen Suits in Non-Article III Tribunals, David Krinsky
The Supreme Court, Stare Decisis, and the Role of Judicial Deference in Patent Claim Construction Appeals, David Krinsky
Towards an Interest-Group-Based Approach to Lobbying Regulation, Anita S. Krishnakumar
Governmental Immunity in Maryland: A Practitioner's Guide to Making and Defending Tort Claims , Karen J. Kruger
Pregnancy & Policing: Are They Compatible?, Karen J. Kruger
Necessity, Torture and Existential Politics, Christopher Kutz
Overvalued Equity and the Case for an Asymmetric Insider Trading Regime, Thomas A. Lambert
Re-thinking Trade and Human Rights, Andrew T. Lang
How the Other Half Lives (Revisited): Twenty Years Since Midler v. Ford - A Global Perspective on the Right of Publicity, Alain Lapter
Civil Liberties in Uncivil Times: The Perilous Quest to Preserve American Freedoms, Kenneth Lasson
The Secret Is Out: Patent Law Preempts Mass Market License Terms Barring Reverse Engineering for Interoperability Purposes, Daniel Laster
Decoding Cyberproperty, Francis G. Lastowka
Digital Attribution: Copyright and the Right to Credit, Francis G. Lastowka
The Trademark Function of Authorship, Greg Lastowka
Second Amendment Incorporation through the Fourteenth Amendment Privileges or Immunities and Due Process Clauses, Michael Anthony Lawrence
Second Amendment Incorporation through the Fourteenth Amendment Privileges or Immunities and Due Process Clauses, Michael Anthony Lawrence
Choice of Jurisdiction in International Trade Disputes: Going Regional or Global?, Rafael Leal-Arcas
EU Legal Personality in Foreign Policy?, Rafael Leal-Arcas
Is EC Trade Policy up to Par?: A Legal Analysis over Time - Rome, Marrakesh, Amsterdam, Nice, and the Constitutional Treaty, Rafael Leal-Arcas
Polycephalous Anatomy of the EC in the WTO: An Analysis of Law and Practice, Rafael Leal-Arcas
The Death of the Doha Round. What Next for Services Trade?, Rafael Leal-Arcas
Theories of Supranationalism in the EU, Rafael Leal-Arcas
Ethical Judicial Opinion Writing, Gerald Lebovits
“It’s the [Tort System], Stupid:” Consumer Deductibles; How to More Equitably Distribute the Risks of Medical Malpractice and Adequately Compensate Victims without Statutory Damage Caps., Bradford Luke Ledbetter
Anti-Competitive Practices as Trade Barriers in Korean and Japanese Intellectual Property Markets, Eun Sup Lee
Legitimation of Trade-Related Environmental Measures under the WTO, Eun Sup Lee
Trade Barriers in Service/Investment Markets Erected by Korea and Japan, Eun Sup Lee
Justifying Affirmative Action in K-12 Private Schools, Sharon H. Lee
The Measure of the Doubt: Dissent, Indeterminacy, and Interpretation at the Federal Circuit, Jeffrey A. Lefstin
Attorney-Client Privilege in the Public Sector: A Survey of Government Attorneys, Nancy Leong
Multiracial Identity and Affirmative Action, Nancy Leong
As the Enterprise Wheel Turns: New Evidence on the Finality of Labor Arbitration Awards, Michael H. LeRoy
Compulsory Labor in a National Emergency: Public Service or Involuntary Servitude? The Case of Crippled Ports, Michael H. LeRoy
Off to Elba: The Legitimacy of Sex Offender Residence and Employment Restrictions, Joseph L. Lester
Forgotten Racial Equality: Implicit Bias, Decision-Making and Misremembering, Justin D. Levinson
Valuing Cultural Differences in Behavioral Economics, Justin D. Levinson and Kaiping Peng
Finding Nemo: Rediscovering the Virtues of Negotiability in the Wake of Enron, Adam J. Levitin
Toward a Federal Common Law of Bankruptcy: Judicial Lawmaking in a Statutory Regime, Adam J. Levitin
International Law Happens: Executive Power, American Exceptionalism, and Bottom-Up Lawmaking, Janet K. Levit
The Lack of Dissent in WTO Dispute Settlement: Is There a “Unanimity” Problem?, Meredith Kolsky Lewis
The Law of Sprawl: A Road Map, Michael Lewyn
"Five Myths About Sprawl", Michael E Lewyn
Principles of Fairness for International Economic Treaties: Constructivism and Contractualism, John Linarelli
Of Fine Lines, Blunt Instruments and Half-Truths: Business Acquisition Agreements and the Right to Lie, Jeffrey M. Lipshaw
Law as Rationalization: Getting beyond Reason to Business Ethics, Jeffrey Marc Lipshaw
The Option Conundrum in Tax Law: After All These Years, What Exactly is an Option?, Kevin J. Liss
Applying Tort Theory To Information Technology, Marvin L. Longabaugh
“Hail to the Potomac Drainage Basin Indigeneous Persons” Just Doesn’t Have the Same Ring: Is the Name “Redskins” Offensive Enough to Outweigh Tradition?, Marvin L. Longabaugh
Separating Rhetoric from Reality: A Political and Statistical Look at Federal Judicial Confirmation Delays, Marvin L. Longabaugh
The Z-Test for Percentages: A Statistical Tool to Detect Pretextually Neutral Juror Challenges, Marvin L. Longabaugh
[Insert Song Lyrics Here]: The Uses and Misuses of Popular Music Lyrics in Legal Writing, Alex B. Long
The Children of Science: Property, People, or Something In Between?, Star Q. Lopez
The Law of Unintended Consequences: The Far-Reaching Effects of Same-Sex Marriage Ban Amendments, C. Susie Lorden
E-Lawyering, the ABA's Current Choice of Ethics Law Rule & the Dormant Commerce Clause: Why the Dormant Commerce Clause Invalidates Model Rule 8.5(b)(2) When Applied to Internet Representations of Clients , Michael W. Loudenslager
Combating Terrorism in Bosnia-Herzegovina: Explaining and Assessing Article 201 of the Bosnian Criminal Code, Henry M. Lovat
Delineating the Interests of Justice: Prosecutorial Discretion and the Rome Statute of the International Criminal Court, Henry M. Lovat
Attorneys as Gatekeepers: SEC Actions against Lawyers in the Age of Sarbanes-Oxley, Lewis D. Lowenfels, Alan R. Bromberg, and Michael J. Sullivan
The Social Obligation of Property Ownership: A Comparison of German and U.S. Law, Rebecca Lubens
In Facetiis Verititas: How Improv Comedy Can Help Lawyers Get Some Chops, Steven Lubet